Terms of Use

Terms of Use

Last revised March 1st, 2017

General Terms

These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the DashFlow.co website and DashFlow mobile software application (“DashFlow”) as owned and operated by Money Manager LLC. Money Manager LLC is referred to as “Money Manager.” DashFlow and its server are referred to as the "Services". For questions, please contact us here.

As used in this Agreement, the term "Sites" includes all Money Manager websites, pages that are associated or within each website and all devices, applications or services that Money Manager operates or offers that link to this Agreement. By accepting electronically (for example, tapping “Get Started”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy (see below), as they may be amended from time to time in the future. If you are not eligible to use the Services, or do not agree to this Agreement, then you are not authorized to use the Services and must cease any use of the Services.

Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases of the Services provided by Money Manager, you agree to be bound by this Agreement. The term “you” or “User” refers to a person who has installed DashFlow to use any one of our Services. The term “we” refers to Money Manager. If you wish to make use of the Services, you must read this Agreement and indicate your acceptance during the DashFlow setup process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Money Manager.

Before you continue, you should print or save a local copy of this Agreement for your records.

Privacy and your Personal Information

You can view the DashFlow Privacy Policy here and on the Site for the Services. You agree to the applicable DashFlow Privacy Policy, and any changes published by Money Manager. You agree that Money Manager may use and maintain your data according to the DashFlow Privacy Policy, as part of the Services. You give Money Manager permission to collect your usage data and statistics for the Services and combine it with that of other users of the Services and/or other Money Manager services. For example, this means that Money Manager may use your and other users’ non-identifiable, aggregated usage data to improve the Services. This usage data is strictly related to how users use the Services and technical error tracking. This usage data does not include your personal financial data. Money Manager may access or store data in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

Your Data Security

You agree and understand that you are responsible for maintaining the security of your mobile devices on which DashFlow is installed. You are also responsible for the confidentiality of your Apple ID and password which, together with your optional DashFlow passcode, allows you to access the Services. You agree and understand that other Users whom you specifically invite to share your DashFlow database will be able to view and edit all of the financial data covered by the Services. If you believe that your Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permission, you agree to notify Money Manager immediately at the email address hello@dashflowapp.com.

Description of the Services

The Services are composed of the DashFlow mobile software application and a server. DashFlow is a personal finance management software that allows you to consolidate and track your financial information. Some users are not eligible to use some aspects of the Services, depending on their geographic location and in-app purchases, which may be one-time or subscription purchases. DashFlow may include a service that provides you with automatic downloads of your financial data from your financial institutions. DashFlow may include the ability to store a URL for each merchant to easily open the merchant’s website in the mobile device’s Safari® web browser. You may choose to pay a bill or take other actions through the web browser. The Services do not include the Safari® web browser or any actions taken by the user within the web browser. DashFlow may include the ability to configure a bill as using “Auto-Pay”. Auto-Pay automatically marks the bill as paid on the due date within DashFlow. Auto-Pay does not transfer real-world currency from the user’s bank account to any third-party merchant.

Your Use of the Services

All data entered into DashFlow by you, and/or through third-party financial institutions that you authorize, and our third-party service providers, is referred to as “Financial Account Information”. Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Money Manager to provide the Services to you. You must provide true, accurate, current and complete information (“Account Credentials”) about your accounts maintained at third-party websites, as requested in our “Add Account” setup forms, and you may not misrepresent your Account Credentials. Account Credentials may include usernames, passwords, PIN codes, multi-factor authentication responses, and other information. In order for the Services to function effectively, you must also keep your Account Credentials up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Credentials and other information necessary to facilitate your use of the Services.

In order to provide you with the Services, we store your Financial Account Information in the DashFlow database. According to your in-app purchase upgrades and iCloud® Sync preference, you may also upload this data to iCloud® to sync between your devices. Please be aware that any Financial Account Information stored in the DashFlow database or iCloud® may be subject to corruption of data, loss of personalized settings, or other interruptions in availability. Financial Account Information synced between your devices may occasionally be out of sync due to network failures or other technical problems.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, network failures, software bugs, periodic updating, maintenance or repair of the Services or other actions that Money Manager, in its sole discretion, may elect to take. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Money Manager to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Financial Account Information from Third Party Sites

Users may direct Money Manager to retrieve their own Financial Account Information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions. Money Manager works with our third-party service providers to access this Financial Account Information. Money Manager does not review the Financial Account Information for accuracy, legality or non-infringement. Money Manager is not responsible for the Financial Account Information or products and services offered by or on third-party sites.

Money Manager cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Money Manager cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. In no event will Money Manager be liable to any party for any loss, cost, or damage that results from any errors relating to user Financial Account Information, or scheduled or unscheduled downtime of the Services.

When displayed through the Services, Account Information is only as fresh as the last update received from our third-party service providers. Such information may be more up-to-date when obtained directly from the relevant financial institutions’ websites.

Rights You Grant to Us

In order to access your Financial Account Information from accounts you maintain at third-party financial institutions, you will need to provide login and identity verification credentials for the third-party financial institutions (Account Credentials as defined above). By using the Services and providing us with your Account Credentials, you grant us and our third-party service providers the right to use and/or store the Account Credentials in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit the Account Credentials to Money Manager for use for this purpose, without any obligation by Money Manager to pay any fees or be subject to any restrictions or limitations.

By agreeing to this Agreement or using the Services, you expressly authorize Money Manager and our third-party service providers, as your agent, to use your Account Credentials to access your Financial Account Information maintained by the identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us and our third-party service providers. Additionally, you expressly authorize Money Manager and our third-party service providers to use the Account Credentials submitted by you to accomplish the foregoing and to store the anonymous, secure “Access Token” returned by our third-party service providers in order to maintain and update the Financial Account Information. The Access Token is used to configure the Services so that they are compatible with the third-party sites for which you submit your Account Credentials.

For the purposes of this Agreement and solely to provide the Financial Account Information to you as part of the Services, you grant Money Manager and our third-party service providers a limited power of attorney, and appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WE AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF THE THIRD PARTY.

You agree that third parties are entitled to rely on the above authorization and power of attorney granted by you. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services.

Beta Software Releases

From time to time, Money Manager may provide a beta software release of DashFlow for your use and which permits you to provide feedback. You understand and agree that your use of beta software is voluntary and Money Manager is not obligated to provide you with beta software. Furthermore, if you decide to use the beta software you agree to abide by any rules or restrictions Money Manager may place on it. You understand that once you use the beta software, you may be unable to revert back to the earlier version of the app. Additionally, if such reversion is possible, you may not be able to return or restore data created within the beta software back to the earlier version. The beta software releases are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of beta software is at your sole risk.

Use With Your Mobile Device

Use of these Services is available through a compatible mobile device. Use of these Services requires DashFlow to be installed on your device and it may require Internet and/or network access. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MONEY MANAGER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Mobile Alerts

Money Manager may from time to time provide alerts (iOS Notifications) regarding your financial data and other functionality of the DashFlow app. These alerts are voluntary and they may be customized, activated, or deactivated by you through DashFlow and iOS Settings. These alerts allow you to choose alert messages for your accounts. Money Manager may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Money Manager may from time to time provide alerts (iOS Notifications) regarding your financial data and other functionality of the DashFlow app. These alerts are voluntary and they may be customized, activated, or deactivated by you through DashFlow and iOS Settings. These alerts allow you to choose alert messages for your accounts. Money Manager may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Money Manager may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Money Manager shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be provided through the iOS Notifications system. You are responsible for managing the Notifications permissions and settings. Depending upon which alerts you select, information such as an account balance or the due date for your phone bill may be included. Anyone with access to your mobile device will be able to view the content of these alerts. At any time you may disable future alerts.

Electronic Communications

By contacting our support team and providing us with your e-mail address, you consent to receive appropriate support communications. Electronic communications may be posted on the Services site and/or delivered to the e-mail address that you provided. Your consent to receive support communications electronically is valid until you end your relationship with us. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

Money Manager’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Money Manager or its software or content suppliers. Money Manager grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content and/or software from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

Access and Interference

You agree that you will not:
- Interfere with security-related features of the services;
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- Upload or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. MONEY MANAGER, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER MONEY MANAGER OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MONEY MANAGER OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Not a Financial Planner, Broker or Tax Advisor

NEITHER MONEY MANAGER NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. MONEY MANAGER IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Limitations on Money Manager’s Liability

MONEY MANAGER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF MONEY MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MONEY MANAGER’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Money Manager

You shall defend, indemnify and hold harmless Money Manager and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Ending your relationship with Money Manager

This Agreement will continue to apply until terminated by either you or Money Manager (or any Money Manager affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so as follows: First, if you have submitted your Account Credentials and connected your financial institutions through our Bank Sync feature, for each connected institution in the DashFlow app, you should go to Edit Account, tap the institution name, then Disconnect. Then delete all installations of DashFlow from your devices. Additionally, if you enabled iCloud® Sync, you should delete the data stored in your iCloud® Storage through the iOS Settings application.

Money Manager may at any time, terminate its legal agreement with you and access to the Services: a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); or b) if Money Manager in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).

You acknowledge and agree that Money Manager may immediately deactivate or delete your third-party Access Tokens and automatic bank sync services in accordance with your subscription plan and payments, as outlined within DashFlow. Further, you agree that Money Manager shall not be liable to you or any third party for any termination of your access to the Services.

Modifications

Money Manager reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Money Manager reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event of a fee change, if you are a paid, subscribed user of DashFlow, Money Manager will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Money Manager shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. Money Manager may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e. by displaying a conspicuous message within DashFlow). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

Governing Law and Forum for Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without reference to principles of conflict of laws. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Ohio law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND MONEY MANAGER ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send an email requesting arbitration and describing your claim to Money Manager LLC, at hello@dashflowapp.com. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section (Governing Law and Forum for Disputes) shall survive expiration, termination or rescission of this Agreement.

Additional Terms

- The Agreement will bind and benefit all of your and our successors and assignees.
- Your promises to us – including your indemnification of us - will continue even after the Agreement ends.
- All of our affiliated entities and parties you indemnify under the Agreement will be third party beneficiaries of the Agreement and entitled to directly rely on its provisions and enforce it. No other person or party will have rights or claims under the Agreement.
- Our failure to enforce any term(s) of the Agreement will not be a waiver or affect our right to later enforce them.
- A photocopy or other image of the Agreement can be used as the original.