Welcome to Ekudi, your personal finance assistant that helps you make better financial decisions. This document outlines the agreement between you and Ekudi, Inc. (“Ekudi”, “we”, “our”, or “us”) regarding your use of our website. For questions or concerns about these terms, please reach out to us at our customer support page.

This agreement ("Terms") constitutes a legally binding contract between you and Ekudi ("Ekudi," "we," "our," or "us"). Continued use of our Services indicates your ongoing acceptance of these Terms, including any updates or modifications we may make over time. These Terms encompass this document and our Privacy Policy.

1. Updates to This Agreement

As we enhance our Services, we may periodically update these Terms. When significant changes occur, we'll notify you through our website, email, or other appropriate channels.
You're welcome to decline any revised Terms by discontinuing your use of our Services. However, continued use after changes take effect signifies your acceptance of the updated Terms.

No modifications to these Terms will be valid unless they're either posted by us as described above or agreed upon in writing by both parties.

2. Your Privacy Matters

At Ekudi, we prioritize your privacy. Please review our Privacy Policy here.

3. What Ekudi Offers

Ekudi provides tools to help you make better financial decisions, including features that help you monitor spending, track accounts, and organize financial information. Our platform can aggregate financial data ("Account Information") from your various financial institutions and other sources ("External Sources") that you choose to connect.

4. Your Ekudi Account

4.1 Setting Up Your Account

Creating an account requires inputting your name, email and setting up a password. You agree to provide accurate, current, and complete information during registration and to keep this information updated. Your Ekudi account must not impersonate another person or infringe on anyone's rights. Account transfers are prohibited without our explicit written consent.

4.2 Protecting Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. Never share your login information with others and take reasonable precautions to prevent unauthorized access.

4.3 Age Requirements

By using our Services, you confirm that you're legally able to enter into this agreement (typically 18 years or older). If you're younger, you must have your parent or guardian's permission, and they must agree to these Terms on your behalf.

5. Authorization to Access Your Financial Information

When you use Ekudi, you authorize us to act as your representative to retrieve your Account Information from External Sources. We may collaborate with specialized financial technology providers to securely access and gather this data.

FOR THE LIMITED PURPOSE OF OBTAINING YOUR FINANCIAL INFORMATION TO PROVIDE OUR SERVICES, YOU GRANT EKUDI A RESTRICTED POWER OF ATTORNEY. THIS AUTHORIZES EKUDI TO ACCESS RELEVANT SYSTEMS, RETRIEVE YOUR INFORMATION, AND PERFORM NECESSARY ACTIONS ON YOUR BEHALF, AS IF YOU WERE DOING SO PERSONALLY.

You confirm that you're only providing information about your own finances and that you have proper authorization to share any information submitted to Ekudi, whether directly or through third-party services.

6. Rules for Using Our Services

When using Ekudi, you agree not to:

• Violate intellectual property rights or other legal protections
• Break any laws or regulations, including privacy laws, the Fair Credit Reporting Act ("FCRA"), or the Gramm-Leach-Bliley Act ("GLBA")
• Engage in harmful, deceptive, threatening, or objectionable behavior
• Compromise account security (yours or others')
• Attempt to access other users' accounts or security information
• Breach network security or decrypt passwords
• Run automated systems that interfere with our Services' functionality
• Extract data from our platform through automated means
• Store substantial portions of our content
• Attempt to reverse engineer our Services or access our source code

Our Services are intended solely for your personal use in compliance with applicable laws. Commercial use or use benefiting third parties is prohibited.

7. Important Disclaimers About Our Services

Unless explicitly stated otherwise, Ekudi is not a financial institution as defined by the Gramm-Leach-Bliley Act, nor a consumer reporting agency under the Fair Credit Reporting Act. We are not a creditor, credit repair service, credit counselor, debt manager, loan servicer, investment advisor, or broker. The information we provide does not constitute a "consumer report" as defined by the FCRA.

Our Services do not offer investment, financial, insurance, accounting, legal, tax, or other professional advice. Nothing on our platform should be interpreted as an offer to sell, solicitation to buy, or recommendation regarding any financial product, security, or investment strategy. You acknowledge that Ekudi has no authority to evaluate your eligibility for credit, insurance, employment, government benefits, or any transaction where consumer reports might be used under the FCRA or similar state laws. We cannot take "adverse actions" as defined by the FCRA.

8. Ownership of Content and Intellectual Property

All aspects of our Services, including software, visuals, text, graphics, logos, trademarks, copyrights, and other content ("Ekudi Content"), are the exclusive property of Ekudi. These Terms don't grant you ownership rights or licenses beyond what's explicitly stated here.

You agree not to sell, rent, modify, distribute, copy, reproduce, transmit, publicly display, create derivative works from, or otherwise exploit any materials or content from our Services without proper authorization.

9. Limitations on Our Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EKUDI AND OUR AFFILIATES, TEAM MEMBERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES LOST PROFITS, DATA LOSS, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES.

WE ACCEPT NO RESPONSIBILITY FOR DAMAGES ARISING FROM: (I) CONTENT ERRORS OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO SERVICE USE; (III) UNAUTHORIZED ACCESS TO OUR SYSTEMS OR YOUR PERSONAL DATA; (IV) SERVICE INTERRUPTIONS; (V) HARMFUL CODE TRANSMITTED BY THIRD PARTIES; (VI) ERRORS IN CONTENT OR DAMAGES FROM USING SUCH CONTENT; OR (VII) OFFENSIVE OR ILLEGAL THIRD-PARTY CONDUCT.

OUR MAXIMUM LIABILITY FOR ANY CLAIM WILL NOT EXCEED EITHER THE AMOUNT YOU'VE PAID TO EKUDI OR $100, WHICHEVER IS GREATER.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, ETC.) AND EVEN IF WE'VE BEEN ADVISED OF POTENTIAL DAMAGES.

10. Account Termination

10.1 Termination by Ekudi

We reserve the right to suspend or terminate your access to our Services at any time. This may result in the deletion of your account information.

10.2 Consequences of Termination

Certain provisions of these Terms—including ownership rights, warranty disclaimers, and liability limitations—will remain in effect even after termination.

11. Resolving Disputes

11.1 Agreement to Arbitrate

YOU AND EKUDI AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION RATHER THAN COURT PROCEEDINGS, EXCEPT FOR MATTERS SEEKING INJUNCTIVE RELIEF FOR INTELLECTUAL PROPERTY VIOLATIONS.

11.2 Waiver of Class Actions

BOTH PARTIES WAIVE THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

11.3 Right to Opt Out

You may decline this arbitration agreement by reaching out to us via our customer support page within 30 days of accepting these Terms. Your message must include your full name and a clear statement that you're opting out of the arbitration provision.

11.4 Governing Law

These Terms are governed by Delaware state law, without regard to conflict of law principles.

12. Additional Legal Provisions

12.1 Complete Agreement

These Terms represent the entire agreement between you and Ekudi regarding our Services. Our failure to enforce any provision doesn't constitute a waiver of that provision. Section headings are provided for convenience only and have no legal effect.

12.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the maximum extent possible, and the invalid provision will be interpreted to achieve its intended purpose.

12.3 No Assignment

You may not transfer or assign your rights under these Terms, but Ekudi may assign our rights without restriction. Any attempted assignment by you will be void.

12.4 How to Contact Us

For questions about these Terms, please contact us at our customer support page.