Otto LLC, Terms of Service (last modified 11/04/2020)
By using the information, tools, software, app, features, content, and updates located at app.ottosave.com (collectively the “Service”), you agree to be bound by this Agreement, whether you are a visitor to our Service or you are a registered “user”. The term “you” or “User” refers to both registered users and guests. The term “we” or “us” refers to Otto, LLC, (“Otto”) and its affiliates, parents, and licensors.
By accepting this Agreement or the use of this Service, you are affirming that you are of legal age and are otherwise competent to form a binding contract with Otto.
Finicity (our API service)
Description of the Service
The Service provides tools that facilitate managing and tracking of personal financial information at app.ottosave.com. The Service is provided to help in organizing and managing your finances. Users are provided this service on a paid basis. Additional content may be offered to Users in the nature of general personal financial education.
The Service is not offered as legal, accounting, tax, or other professional advice or service. You should always seek the help of a competent professional to assist and advise on your fact-specific circumstances.
All users begin with a free trial of Otto. Following the free trial users will be asked to enter their billing information through Braintree. If users enter a payment method through Braintree, a payment will be processed at the end of their free trial. Users have a grace period of 15 days following their free trial to enter a payment method. If no billing information is provided, Users will automatically be downgraded. Subscriptions will automatically renew monthly or annually depending on the plan, unless the User stops their payments through Braintree. Trial periods are limited to one per customer.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Service.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Service and Account Security
We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and will disclose that confidential information solely at your own risk and discretion. Should you, at your discretion, choose to share your username, password, or other security information with any other person or entity in order to share access, we disclaim all liability for anything that person or entity may do to compromise the security of your account.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
We are not responsible for the accuracy of financial data obtained from third-party sites that are displayed or reported through the Service or any of our services. Otto is not responsible for and cannot guarantee the accuracy or timeliness of financial accounts we retrieve on your behalf directly, from third-party technology providers, from third-party financial institutions where your accounts are held, or from third party research/market data providers used to provide the Services.
Otto may not be able to foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. Otto assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings.
Limited Actions of Otto as Your Agent
FOR PURPOSES OF THIS AGREEMENT AND SOLELY TO OBTAIN AND PROVIDE THE ACCOUNT INFORMATION TO YOU AS PART OF THE SERVICES, YOU GRANT OTTO A LIMITED POWER OF ATTORNEY, AND APPOINT OTTO AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE AND STEAD, IN ANY AND ALL CAPACITIES, TO ACCESS THIRD PARTY SITES, SERVERS OR DOCUMENTS, RETRIEVE INFORMATION AND USE YOUR INFORMATION 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 COULD DO IN PERSON.
YOU ACKNOWLEDGE AND AGREE THAT WHEN OTTO IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, OTTO IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY 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 that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
Intellectual Property Rights
The Service and the entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) provided by the Service, are owned by Otto, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material relating to our Service.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content of the Service is transferred to you, and all rights not expressly granted are reserved by Otto. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Otto name, the term “Ottosave,” Otto logo, and all related names, logos, product and service names, designs and slogans are trademarks of Otto or its affiliates or licensors. You must not use such marks without the prior written permission of Otto. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with any standards set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Otto or users of the Service or expose them to liability.
Additionally, you agree not to:
Engage in behavior that will put your personal information at unnecessary risks, such as leaving, transmitting, or publishing your Login or passwords;
Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider or other automatic devices, process or means to access the Service for any purpose, including monitoring or copying any of the material available through the Service.
Use any manual process to monitor or copy any of the material available through the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Otherwise, attempt to interfere with the proper working of the Service.
Any application, plugin, script, or other programs that interact with Otto’s API or acts as a plugin to the official application does so at the risk of its users and developers, and must display the following message at least once, and require the user to acknowledge before the application will function:
"This [app/plugin/script] is not officially supported by Otto in any way. Use of this [app/plugin/script] could introduce problems into your finances that Otto, through its official support channels, will not be able to troubleshoot or fix. Please use at your own risk!"
Monitoring and Enforcement; Termination
We have the right to:
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS DYM AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DYM/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OTTO/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Otto, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Otto. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Service
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of services or information formed through the Service or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Service.
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Service OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Service OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY Service LINKED TO IT.
YOUR USE OF THE Service, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Service IS AT YOUR OWN RISK. THE Service, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Service ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYM NOR ANY PERSON ASSOCIATED WITH DYM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Service. WITHOUT LIMITING THE FOREGOING, NEITHER DYM NOR ANYONE ASSOCIATED WITH DYM REPRESENTS OR WARRANTS THAT THE Service, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Service WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Service OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Service WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OTTO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL OTTO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF WAGES, LOSS OF COMPANIONSHIP, SOCIETY, COMFORT OR CONSORTIUM, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OTTO AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO OTTO FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Otto, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to any use of the Service’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.
Governing Law and Jurisdiction
All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake County, Utah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.
Waiver and Severability
No waiver by Otto of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Otto to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 the Terms of Service will continue in full force and effect.