PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) PROVIDE: (A) THAT YOU AND RECONCILE WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST RECONCILE; (B) THAT CERTAIN TERMS AND CONDITIONS APPLY WITH RESPECT TO RECURRING SUBSCRIPTION CHARGES FOR CERTAIN PAID ACCOUNT TYPES. PLEASE ONLY CREATE A SERVICES (AS DEFINED BELOW) ACCOUNT OR OTHERWISE USE THE SERVICES IF YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT GETRECONCILE.COM. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND RECONCILE. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT CREATE A SERVICES ACCOUNT OR OTHERWISE USE THE SERVICES.
Welcome to “Reconcile,” an online service owned and operated by Reconcile Inc. (“Reconcile,” “we” and “us). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com or via mail at 220 Broadway, New York, New York 10038.
Use of the Services by anyone under the age of 18 is prohibited. By using the Services, you represent and warrant that are you at least 18 years of age.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the reconciled.firebaseapp.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Changes will be effective: (i) thirty (30) days after we provide you notice of the changes, as described above; or (ii) when you opt-in or otherwise expressly agree to the changes or a version of these Terms incorporating those changes, whichever comes first.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
For the purposes of the California Consumer Privacy Act (“CCPA”), to the extent CCPA applies to our relationship, Reconcile shall be considered a Business and/or Third Party, as applicable. Where Reconcile acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Reconcile is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Reconcile to use any such Personal Information in connection with Reconcile’s internal operations and functions, including, but not limited to, improving Reconcile’s products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
In order to use the Services, you may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You agree that we may use your User Credentials to review your Account Information and perform various Services on your behalf. For example, we may use your Account Information to identify recurring payments, cancel unwanted subscriptions, and negotiate discounts on your bills on your behalf. You expressly authorize us to access, view and use, on your behalf as your agent, your Account Information. You grant us a limited power of attorney, and appoint us as your agent and attorney in-fact, to access, review and use your Account Information with full power and authority, but only to act for and on your behalf with Third Party Providers. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING YOUR USER CREDENTIALS AND ACCOUNT INFORMATION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY. You understand and agree that Reconcile is not sponsored or endorsed by any third parties accessible through the Services.
Reconcile works with one or more online service providers to access this Account Information. Reconcile does not review the Account Information for accuracy, legality or non-infringement. Reconcile is not responsible for the Account Information or products and services offered by or on third-party sites.
Reconcile 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. Reconcile cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User Credentials or Account Information. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Information, and so forth (all of the foregoing, but excluding User Information, the “Content”) are protected by copyright and/or other intellectual property laws.
You understand that, as between you and Reconcile, Reconcile owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Services and the Content. You won’t modify, publish, transmit, copy, modify, publicly perform or display, transmit, edit, adapt, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services or Content except as expressly authorized in these Terms. Reconcile reserves the right to modify or discontinue the Services, Content or any version(s) thereof at any time in its sole discretion, with or without notice.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
ta. You understand that by submitting information, documents and/or data on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Information”), you hereby grant Reconcile a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use such User Information (including all related intellectual property rights) in connection with our provision of the Services to you. This is a license only – your ownership in User Information is not affected.
You also agree that if you provide us any feedback, ideas, concepts, or techniques, we can use the User Information containing such feedback, ideas, concepts, or techniques and anything such User Information contains for any purpose including, but not limited to, developing, manufacturing and marketing services.
Additionally, if you provides us any ideas, suggestions, comments, or other feedback (collectively, “Feedback”) regarding the Services or Content, you hereby grants to us an unrestricted, perpetual, irrevocable, non-exclusive right to use, disclose, reproduce, license, distribute, and exploit this Feedback as we see fit without obligation or restriction of any kind. We reserve all rights not expressly granted in these Terms and no licenses or other rights are granted to you by implication, estoppel, statute or otherwise.
You are responsible for all User Information you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Reconcile has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Reconcile will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
It is free to sign up for Reconcile. We will charge you a percentage of what we save you on certain transactions, for example, if we negotiate your bill. Please see our Pricing Model for a description of how we calculate the amount of money we receive from you on these transactions.
By signing up for any paid Services account and providing your payment information, you agree to pay us (and authorize our Payment Processor to charge you) the recurring and/or nonrecurring fees as displayed to you at the time you create your account and as may be modified from time to time as described in these Terms, as well as any other fees you expressly choose to incur in connection with your use of the Services. Unless otherwise specified upon enrollment, for subscription products or services, your payment method will be authorized for up to a month for the applicable Services account type and on a monthly basis thereafter until you cancel the subscription. You acknowledge and agree that the payment method provided by you will be automatically charged the fees you incur in connection with your use of the Services, and represent and warrant that you have all necessary rights relating to such payment instrument to authorize Reconcile to make such charges. Your use of the Services may be suspended if we are unable to charge such payment instrument for any reason or if your account is otherwise past due. The fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified fees. All fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Reconcile from time to time, as indicated at the time of payment) and are non-refundable.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING US AT [email] OR BY DOWNGRADING YOUR ACCOUNT IN THE SETTINGS SECTION ON THE SERVICES. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY STILL USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION MONTH. TO NOT BE CHARGED FOR YOUR SUBSCRIPTION FOR THE FOLLOWING SUBSCRIPTION MONTH, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST THIRTY (30) DAYS PRIOR TO THAT MONTH, OR YOU WILL OTHERWISE BE CHARGED FOR THAT MONTH’S SUBSCRIPTION. ALL CANCELLATION REQUESTS RECEIVED LESS THAN THIRTY (30) DAYS BEFORE THE FOLLOWING SUBSCRIPTION MONTH WILL APPLY TO THE FOLLOWING CYCLE.
What if I want to stop using Reconcile?
Reconcile is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Reconcile has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any User Information associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Neither Reconcile nor its licensors or suppliers makes any representations or warranties concerning the Services, including any content contained in or accessed through the Services.. The Services are provided “AS IS” and without any warranty of any kind from Reconcile or others. THE SERVICES AND CONTENT ARE PROVIDED BY RECONCILE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAKE NO GUARANTEE ABOUT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUARANTEE ABOUT THE AMOUNT OF MONEY YOU MAY SAVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL RECONCILE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING/OR DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF RECONCILE OR A RECONCILE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Reconcile, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms, provided that the foregoing does not obligate you to the extent the claim arises out of the CompanyReconcile’s willful misconduct or gross negligence. Reconcile reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Reconcile’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Services that is not subject to arbitration under the Arbitration Agreement below shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
This Section is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Reconcile arising out of, relating to, or resulting from these Terms, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
THIS PARAGRAPH IS THE “CLASS ACTION WAIVER.” THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions above. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Reconcile.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Reconcile may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Services users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than the Class Action Waiver is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the Class Action Waiver is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Reconcile agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Reconcile, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Reconcile, and you do not have any authority of any kind to bind Reconcile in any respect whatsoever. You and Reconcile agree there are no third party beneficiaries intended under these Terms.