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Budsheets Terms of Service

These Terms of Service (the “Terms”) are between you and Budsheets LLC (“Budsheets”, “we”, “us” and “our”) and govern your access to and use of our website currently located at budsheets.com and its subdomains (together with any third party services available therein, and any related or successor website(s) thereto, including blogs, community forums, or other discussion or informational websites; the “Site”) and the Budsheets personal finance services which we make available to you via our Site (together with any third party services available therein, and any related or successor services, including spreadsheet add-ons, and add-ins; the “Services”). Please read these Terms carefully before using the Budsheets Site and Services as they may have changed since your last visit.



BY USING THE SITE AND SERVICES YOU AGREE TO BE BOUND BY THESE TERMS.  Budsheets Site and Services are offered and available to users 18 years of age and older that reside in the United States of America.  By using Budsheets Site or Services you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must discontinue your use of Budsheets Site and Services.  



We may revise and update these Terms at our sole discretion. All changes are effective immediately upon posting or publication.  Your continued use of the Site and Services following the posting or publication of revised Terms means that you acknowledge, accept, and agree to the changes. You acknowledge and agree that it is your responsibility to check this page from time to time so that you are aware of any changes, as they are binding on you.  If you do not agree to these Terms or any modifications of Terms, you must discontinue your use of the Site and Services.



YOU HEREBY ACKNOWLEDGE AND AGREE THAT BUDSHEETS IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE BUDSHEETS SITE AND SERVICES ARE MERELY TOOLS TO AUGMENT YOUR FINANCIAL PLANNING AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT AND SPENDING DECISIONS.



Linking Your Data Source Accounts to BUDSHEETS Services. YOU ACKNOWLEDGE THAT BUDSHEETS SERVICES, IN PART, FACILITATE THE UPDATING OF YOUR FINANCIAL SPREADSHEETS WITH YOUR UP TO DATE (“FINANCIAL DATA”) RETRIEVED FROM YOUR BANKS, CREDIT CARDS, BROKERAGES, LOANS, AND OTHER THIRD PARTY FINANCIAL SOURCES (“DATA SOURCES”).  YOU ACKNOWLEDGE AND AGREE THAT BUDSHEETS MAY USE THE SERVICES OF DATA AGGREGATORS TO ACCESS YOUR FINANCIAL DATA ON YOUR BEHALF ON AN ON GOING BASIS FOR THE PURPOSE OF PROVIDING BUDSHEETS SERVICES TO YOU.



By using the Services, you authorize and direct Budsheets, either directly or through Budsheets Data Aggregators, to access your Data Source accounts that you designate, with the account log-in credentials that you provide, to retrieve your Financial Data, and to access accounts requested by you. FOR THE SOLE PURPOSE OF PROVIDING THE SERVICES, you hereby grant Budsheets, either directly or through Budsheets Data Aggregators, a limited power of attorney, and appoint Budsheets, either directly or through Budsheets Data Aggregators, as your attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BUDSHEETS, EITHER DIRECTLY OR THROUGH BUDSHEETS DATA AGGREGATOR, ACCESSES, AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, BUDSHEETS IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services.



YOU HEREBY ACKNOWLEDGE THAT PLAID IS A BUDSHEETS DATA AGGREGATOR.  ACCORDINGLY, BUDSHEETS SERVICES ARE CONNECTED OR LINKED TO YOUR DATA SOURCES BY PLAID. WHEN YOU REQUEST YOUR FINANCIAL DATA FROM A DATA SOURCE CONNECTED TO OUR SERVICES, PLAID COLLECTS THAT DATA AND PROVIDES IT TO US. PLAID ACTS ON OUR BEHALF IN THIS PROCESS, WHICH MEANS WE SHARE YOUR DATA WITH PLAID AS ONE OF OUR SERVICE PROVIDERS. FOR MORE INFORMATION ON HOW PLAID COLLECTS, USES, STORES, AND HANDLES YOUR DATA, PLEASE SEE PLAID’s COMMITMENT TO ITS CLIENTS AND THEIR USERS (https://plaid.com/blog/plaids-commitment-to-consumer-privacy/). IF THERE IS ANY INCONSISTENCY BETWEEN PLAID’S COMMITMENT AND THESE TERMS REGARDING PLAID’S ACTIVITIES, THEN PLAID’S COMMITMENT IS CORRECT.



Provide Accurate Information. To preserve the integrity of our Services and prevent bad actors from misusing our Services, you, the end user, agree to provide true, accurate, current, and complete information about yourself, and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.



Misuse of Services. You agree to not interfere with Budsheets Site and Services and to not access or attempt to access them using a method or purpose other than the intended use. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.



Proprietary Rights. You acknowledge and agree that using our Site and Services does not give you ownership of any intellectual property rights in or associated with our Site or Services.  You acknowledge and agree that using our Site and Services does not give you a license or right to use any intellectual property rights in or associated with our Site or Services outside of the scope of your use of the Budsheets Site and Services. You acknowledge and agree that neither these Terms nor your use of Budsheets Site and Services grant you the right to use any trademarks, branding, or logos shown, used, or otherwise incorporated in our Site and Services. You acknowledge and agree to not remove, obscure, or alter any legal notices displayed in or along with our Services. You acknowledge and agree to not reverse engineer or reverse compile any of the Service’s technology, including but not limited to, any Java applets associated with the Services.



Google and Microsoft Accounts. You may need a Google Account to use some of our Services. Your use of Google’s software and services is governed by Google’s terms and privacy policies. To protect your Google Account and related data provided by Budsheets, keep your password confidential. You agree that you are responsible for all activity that occurs with relation to your Google Account.



Privacy and Data Usage. Budsheets privacy policy explains how we treat your personal data and protect your privacy when you use our Site and Services. By using our Services, you agree that Budsheets can use such personal data accordingly.



Modifying and Terminating our Services. You acknowledge and agree that Budsheets regularly changes and improves our Site and Services, that we may add or remove functionalities or features, that we may suspend or stop a Service altogether, and that we may also stop providing Services to you or add or create new limits to our Services at any time. You can stop using our Site and Services at any time.



DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF OUR SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES ARE AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BUDSHEETS AND BUDSHEETS’ SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.



BUDSHEETS AND BUDSHEETS’ SERVICE PROVIDERS MAKE NO WARRANTY (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.



ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUDSHEETS OR BUDSHEETS’ SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.



ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH BUDSHEETS, BUDSHEETS’ SERVICE PROVIDERS, AND BUDSHEETS’ AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES. BUDSHEETS’ SERVICE PROVIDERS AND BUDSHEETS’ AFFILIATES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD PARTY SERVICES.  THE FORGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



If you believe that your Financial Data made available through the Services is inaccurate, then you should contact your Data Source that is responsible for maintaining or otherwise providing such Financial Data.



LIMITATION OF LIABILITY. You acknowledge and agree that neither Budsheets or Service Providers nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, for example but not limited to: direct, indirect, incidental, special, consequential, punitive, or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, even if Budsheets or Service Providers have been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the services; (ii) the cost of getting substitute goods and services; (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the site and services; (vi) the use, in ability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously o the possibility of such damages; or (vii) any other matter relating to the services.



YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE YOUR LOG-IN CREDENTIALS (“CREDENTIALS”) TO YOUR DATA SOURCE ACCOUNTS AT YOUR OWN RISK.



BY USING OUR SERVICES YOU AGREE THAT THE DATA SOURCES THAT MAINTAIN YOUR ACCOUNTS AND ANY THIRD PARTIES THAT INTERACT WITH YOUR CREDENTIALS OR ACCOUNT DATA IN CONNECTION WITH OUR SERVICES ARE NOT LIABLE FOR ANY LOSS, THEFT, COMPROMISE, OR MISUSE WHATSOEVER IN CONNECTION WITH OUR SERVICES (INCLUDING NEGLIGENCE), EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.



DATA SOURCES MAKE NO WARRANTIES OF ANY KIND RELATED TO THE DATA PROVIDED BY OUR SERVICES–WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EXCEPT FOR PDF FILES OF OFFICIAL ACCOUNT DOCUMENTS, WE RETRIEVE ON YOUR BEHALF AND PROVIDE TO YOU WITHOUT ALTERATION, NO DATA PROVIDED BY OUR SERVICES IS AN OFFICIAL RECORD OF ANY OF YOUR ACCOUNTS.



Indemnification. You agree to indemnify, defend, and otherwise hold harmless Budsheets and Budsheets’ Service Providers and their affiliates and each of their respective officers, directors, employees, agents, partners and representatives from and against claims, liability, damages, expenses, judgements, awards, losses, and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of these Terms or your use of the Site and Services, including but not limited to, your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone and your User Content, other than as expressly authorized in these Terms.



Governing Law. You agree that your relationship with Budsheets under these Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any choice or conflict of laws rules or provisions. All claims arising out of or relating to these Terms, the Site, or the Services will be instituted exclusively in the federal or state courts of Sacramento County, California, USA, and you and Budsheets consent to personal jurisdiction in those courts.  You further agree to attempt informal resolution prior to instituting any legal action, mediation, or arbitration.



Waiver, Serviceability, Survival, and Other Agreements. You acknowledge and agree that if Budsheets does not exercise or enforce any legal right or remedy contained in these Terms, such will not be a waiver of Budsheets' rights and such rights and remedies will remain available to Budsheets.



If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.



All covenants, agreements, representations, and warranties made in these Terms will survive your acceptance of these Terms and the termination of these Terms.



These Terms represent the entire understanding and agreement between you and Budsheets regarding the Site and Services and will supersede all other previous agreements, including any prior version of these Terms.



For questions regarding these Terms of Service, please contact us at: support@budsheets.com.