Terms of Use
Mastercard Data Connect is provided by Finicity Corporation, a Mastercard company.
These Terms of Use (“Terms”) are a legal agreement between you (“you” or “your”) and Finicity Corporation (“we,” “us,” or “our”). These Terms apply to your use and access to our websites and Permissioned Data Services (defined below). For simplicity, in these Terms we refer to our websites, online interfaces, and Permissioned Data Services as our “Services”.
ARBITRATION NOTICE: THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE DISPUTES THAT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR AND OUR RIGHTS, INCLUDING THE ABILITY TO BRING A CLASS ACTION OR HAVE A MATTER DECIDED BY A JURY OR JUDGE. PLEASE REVIEW THE ARBITRATION AGREEMENT, AS WELL AS THE OTHER TERMS OF THESE TERMS, CAREFULLY BEFORE AGREEING. YOU HAVE THE RIGHT TO REJECT THE ARBITRATION AGREEMENT WITHIN 60 DAYS AS PROVIDED BELOW.
By clicking “Next” (or similar checkbox or button) or accessing or using our Services, you confirm you agree to these Terms. If you do not agree with these Terms or any other of our policies, then do not click “Next” or access or use the Services. Please read these Terms carefully.
We may change, suspend, or limit access to our Services at any time without telling you first. We may change these Terms at any time, including by adding to these Terms. Revised Terms will be posted to our website. By continuing to access or use the Services, you agree to the revised Terms.
In order to use our Services, you may be required to use certain third-party applications or other services. These Terms do not apply to the services provided to you by Recipients or other third parties. Your use of such third-party applications or other services is subject to separate terms of use or conditions. Please read those separate terms carefully.
Our Permissioned Data Services
Our “Permissioned Data Services” are services that allow you to connect to your accounts at banks, financial institutions, and other third-party providers (“Providers”), or upload data from your accounts with your Providers, and direct us to provide information from these accounts (your “Financial Data”) to third parties designated and authorized by you to receive your Financial Data (“Recipients”).
In order to use our Permissioned Data Services, you may need to either (i) provide your credentials for accessing your accounts at Providers, such as access numbers, passwords, security questions and answers, account numbers, and other login information, (collectively, “Credentials”), or (ii) upload to us (including through a third party) your financial documents, employment documents, account statements, or other documents or information (“Uploaded Data”).
We are not responsible or liable for products and services provided to you by third parties, including products and services offered by your Providers or Recipients.
Your Providers
You acknowledge and agree that we have no control over your Providers and that some Providers may prevent, delay, or restrict us from accessing your account information. Depending on your Provider, your Financial Data may not reflect your most recent account information and transaction information. If you see a discrepancy, you should wait to proceed with the transaction and check the last refresh date for the relevant account. If the refresh date is not current, you should wait until the information has been refreshed and is accurate. If the refresh date is current but the information appears incorrect, you should contact your Provider. We do not guarantee that you will be able to use the Permissioned Data Services with any particular Provider. We will have no liability from your inability to access the Permissioned Data Services due to your Provider’s policies or systems.
Your Consents
By clicking “Next” or accessing or using our Services, You authorize us to use your Credentials and Uploaded Data to access your accounts at your designated Providers and to deliver your Financial Data to Recipients. You represent that you have the authority to appoint, and here by expressly do grant, us and our affiliates, as applicable, a limited power of attorney, and you hereby appoint us and our affiliates, as applicable, as your attorney-in-fact and agent, with full power of substitution and resubstitution, for you, in all capacities, to access third-party websites, systems and applications and retrieve and use your Financial Data in connection with our Permissioned Data Services through whatever lawful means and with the full power and authority to do and perform each act and thing necessary to be done in connection with such activities as you could do in person, and authority to take any additional steps, all as necessary to access, retrieve, disclose and use your Financial Data as described in this Terms. You also expressly confirm that you authorize Providers to share and disclose your Financial Data to us on your behalf. You authorize us to assemble, evaluate, analyze, organize, or reformat your Financial Data in connection with our Permissioned Data Services.
You also agree that we may collect, use and share your Financial Data in accordance with our Privacy Notice https://www.finicity.com/privacy/ How we collect, use, share, retain, and protect your personal information, including the personal information we collect in connection with the Services and our related retention practices, is described in our Privacy Notice https://www.finicity.com/privacy/
In addition, you agree we may access your accounts at Providers and retrieve Financial Data as is reasonably necessary for us to provide the Services or to complete any transaction you have requested or follow any instructions you have provided us.
Consent to Obtain and Share Medical Information
You understand and agree that the Financial Data that we obtain in connection with our Permissioned Data Services may include “medical information” as defined by applicable law. While we do not seek out medical information about our users, it is possible that medical information could be included in the Financial Data you provide. For example, when you provide payment information to us, that information could include information related to your receipt of health care services. You further agree that such medical information is relevant to process or effect the transaction, product, or service you have requested from Recipients or us. You are providing consent for us to share such medical information with Recipients for any legal purpose.
Terminating Your Consents
You may terminate your authorizations and agreements concerning our Permissioned Data Services that are outlined in this section (Your Consents) at any time under these Terms by calling our customer care department at 1 (855) 263-3072 or contacting us in writing at Attention: Legal Department, Finicity Corporation, 434 W. Ascension Way, Suite 200, Salt Lake City, Utah 84123.You agree that we shall have a reasonable period of time to process your notice of termination.
Your Promises to Us
By using our Services, you represent and warrant to us:
• You are at least 18 years of age;
• You agree to these Terms, including the Arbitration Agreement;
• All information you provide to us in connection with our Services will be truthful, accurate and not altered in any way;
• All Credentials or Uploaded Data you provide to us belongs to you and does not belong to anyone else;
• You will not attempt to gain unauthorized access to our Services;
• You will not impersonate any other person in using our Services;
• You will not send us, or engage in any communications with us that are, defamatory, threatening, obscene or harassing;
• You will not transmit any software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of our Services;
• You will not copy, display, download, store, reproduce, republish, publicly display, distribute, post, transmit, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based on our Services, or content therein;
• You will only access our Services if you are in the United States;
• You will not access our Services from a country that is subject to sanctions issued by the government of the United States;
• You are not included on any list of Specially Designated Nationals, blocked, prohibited, or restricted persons by the government of the United States;
• You agree to comply with all export, re-export, and import control laws and regulations of all applicable jurisdictions and that you shall not, directly or indirectly, export, re-export, or release our websites to, or make our websites accessible from, any jurisdiction or country other than the United States; and
• You will not use our Services in connection with the actual or attempted contravention of any applicable laws.
Consumer Reports
We are a Consumer Reporting Agency. If you use our Permissioned Data Services to provide your Financial Data to Recipients that provide credit, housing, employment or banking products or services, or to Recipients that engage in similar eligibility determinations as defined by applicable law, your Financial Data will be released in the form of a consumer report. Under the Fair Credit Reporting Act (“FCRA”), you have certain rights. You can learn more about your rights under the FCRA and access our consumer portal, by visiting our website here.
These rights include allowing you to obtain from us a copy of your consumer report that we currently have on file and certain information related to your consumer report for a reasonable charge or in some circumstances, free of charge. You are entitled to a free copy of your consumer report from us when: (i) you have been denied credit, insurance or employment in the past 60 days as a result of your consumer report; (ii) you certify in writing that you are unemployed and intend to apply for employment within 60 days; (iii) you are a recipient of public welfare assistance; or (iv) you have reason to believe that your consumer report is inaccurate due to fraud. Your rights under the FCRA also include the ability to dispute inaccurate information in your consumer report without charge. Accurate information cannot be changed. Given the nature of our Services, contact your Provider to correct any inaccurate information concerning your account with the Provider. You do not have to purchase your consumer report or other information from us to dispute inaccurate or incomplete information in our file, to the extent we maintain a consumer file on you.
If you would like to obtain a copy of your consumer report, dispute inaccurate information in your consumer report, or exercise any of your other rights under the FCRA, please contact us at www.finicity.com/consumer-reporting-agency or at Mastercard Attn Open Finance Compliance, 2200 Mastercard Boulevard, O’Fallon, MO 63368-7263, or by phone at 1 (855)263- 3072.
Security and Privacy
Our information security practices are described in our Privacy Notice https://www.finicity.com/privacy/. Additional information concerning our information security practices is also available on our website, here. https://www.finicity.com/security/
You are responsible for maintaining the confidentiality and security of your Credentials. We reserve the right to deny or limit your access to our Services if we believe that any loss, theft, or unauthorized use of your Credentials has occurred.
Consent to Electronic Records
Your Consent
You consent to receive electronically any disclosure, notice, document, or communication that is required by law to be provided to you in writing from us (a “Record”) in connection with any of our Services. While we may provide any Record to you electronically, we are not obligated to do so and may elect to send a Record to you by mail.
Paper Copies
If you would like to create a paper copy of any Record, please use the save and print functions of your computer of mobile device.
Withdrawing Consent
You may withdraw your consent to receive Records electronically by calling our customer care department at 1 (855) 263-3072 or contacting us in writing at Attention: Legal Department, Finicity Corporation, 434 W. Ascension Way, Suite 200, Salt Lake City, Utah 84123. If you do so, we may terminate your ability to receive our Services.
Consent to Call Monitoring and Recording
You consent to us monitoring and recording any telephone call between you and us.
Intellectual Property Rights
We grant you a limited, non-exclusive, revocable, and nontransferable license to download, install, and use the Services for your own use on a computer or a mobile device owned or otherwise controlled by you strictly in accordance with these Terms and any other agreement you have with us. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services, or any other rights other than to use the Services in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms. We own and retain all rights, title, and interest in and to the Services and their features, functionality design, structure, selection, coordination, expression, arrangement, and entire contents, including text, data, design, source code, software, photos, images, graphics, user interfaces, trademarks, logos, sound, video, and other information, including any updates. We also own and retain any and all present and future intellectual property rights with respect to the Services anywhere in the world, including copyright, know-how, designs, patents and trademarks, and any application or right to apply for registration of those rights.
U.S. Government Rights
Our websites are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency or employee of the U.S. Government or any contractor there for, you receive only those rights with respect to our Services as are granted to all other endusers under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
Third-Party Applications and Websites
Our websites may contain links to third-party websites, mobile applications, content, or services.Such third-party websites, mobile applications, content, or services are subject to separate terms of use or conditions. Please read those separate terms of use or conditions carefully. You agree that we are not responsible for third-party websites, mobile applications, content, or services, including those to which we provide links to on our websites.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ANY THIRD-PARTY SERVICES AVAILABLE THROUGH OUR WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER WE, NOR OUR AFFILIATES NOR ANY OF OUR LICENSORS NOR ANY RECIPIENT NOR ANY PROVIDER NOR ANY OF OUR OR THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS (COLLECTIVITY, THE “FINICITY PARTIES”) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES OR ANY THIRD-PARTY SERVICES AVAILABLE THROUGH OUR WEBSITES; IN WHOLE OR INPART, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICES OR THIRD-PARTY SERVICES AVAILABLE THROUGH OUR WEBSITES WILL BE AT YOUR SOLE RISK. THE FINICITY PARTIES DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES OR THIRD-PARTY SERVICES AVAILABLE THROUGH OUR WEBSITES, IN WHOLE OR INPART, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR THIRD- PARTY SERVICES AVAILABLE THROUGH OUR WEBSITES.
Indemnification
You agree to indemnify, hold harmless, and fully compensate the Finicity Parties from any and all third-party claims, liability, losses, damages, expenses and costs (including reasonable attorneys’ fees) caused by or arising from your use of our Services, your violation of these Terms, your violation of any other agreement you have with us, any violation of law, or violation of the rights of any third party.
Limitation of Liability
YOU AGREE THAT THE FINICITY PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES IN CONNECTION WITH THE SERVICES, EVEN IF THE FINICITY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Complaints and Disputes
Most concerns can be resolved quickly by calling our customer care department at 1 (855) 263-3072. You can also contact us at Mastercard Attn Open Finance Compliance, 2200 Mastercard Boulevard, O’Fallon, MO 63368-7263. If your concern relates to your consumer report, you may also submit your concern or dispute at www.finicity.com/consumer- reporting-agency
Arbitration Agreement
Please read this section carefully, as it affects your rights. You have the right to reject the arbitration of disputes as detailed below.
Agreement to Arbitrate
You and we agree that any Claim, upon the election of either you or us, shall be resolved by legally binding arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all Claims between you and us subject to arbitration to the fullest extent permitted by law. A “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to these Terms, our Services, or the relationship between you and us, including: claims arising prior to or after the date of the Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; disputes, claims, or controversies that are brought as counterclaims, cross claims, third party claims or otherwise. For purposes of this Arbitration Agreement, “we” means the Finicity Parties (as defined above). These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this ArbitrationAgreement.
Small Claims Court
Notwithstanding anything in this Arbitration Agreement to the contrary, either party may bring an individual action in small claims court, so long as the action is not removed or appealed to a court of general jurisdiction. If an action that is brought in small claims court is removed or appealed to a court of general jurisdiction or is part of a class or representative action, either party may immediately cause or compel such Claim to be arbitrated pursuant to the terms of this Arbitration Agreement.
Jury Trial and Class Action Waiver
You and we each waive our right to a trial by jury. Further, you and we agree that each may bring Claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Initiating Arbitration
A party who intends to seek arbitration must first send to the other, by certified mail, a written signed notice of dispute (“Notice”). The Notice to Finicity should be addressed to: Attention: Legal Department, Finicity Corporation, 434 W. Ascension Way, Suite 200, Salt Lake City, Utah 84123 (“Notice Address”). The Notice to you shall be sent to the address we have on file for you. The Notice must describe the nature and basis of the Claim and set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the Claim within 30 days after the Notice is received by the other party (during which time the statute of limitations shall be tolled), you or we may commence an arbitration proceeding. In the event a Claim is filed with a court, either you or we may immediately cause or compel such Claim to be arbitrated pursuant to the terms of this Arbitration Agreement.
You are entitled to an arbitration award of at least $7,500 if: (1) you give us Notice of a Claim and a Demand on your own behalf (and not on behalf of any other party) and comply with all of the requirements of this Arbitration Agreement; (2) we refuse to provide you with the Demand you requested before an arbitrator is appointed; and (3) the arbitrator awards you money damages greater than the last amount you requested at least ten days before the arbitration commenced. This $7,500 minimum award is a single award that applies to all Claims you have raised or could have raised in the arbitration. Multiple awards of $7,500 are not contemplated by this clause.
You may obtain more information about arbitration from www.adr.org.
Arbitrator and Arbitration Procedures
The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the Commercial Dispute Resolution Procedures and the SupplementaryProcedures for Consumer Related Disputes (collectively, “AAA Rules”). If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall bead ministered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold or delay their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. The AAA Rules are available online at www.adr.org, by calling the AAA at 1 (800) 778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide. The arbitrator may award relief, including but not limited to, damages, restitution, declaratory relief, and injunctive relief. Any such relief shall only be in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. The arbitrator’s decision shall be legally binding. The arbitrator shall be bound by the terms of these Terms.
Discovery and/or the exchange of non-privileged information relevant to the Claim will be governed by the AAA Rules.
Fees
In the event that you file for arbitration, you may send us a written request at the Notice Address requesting that we pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the Notice requirements above. We will pay all such costs if the request is reasonable and the related claim is not in connection with twenty (20) or more demands for arbitration that are filed relating to the same or similar subject matter with the same counsel submitting demands or different counsels that appear to be coordinating claims (a “Mass Arbitration”). If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of any fees by us or you will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
Arbitration Location
Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your home address. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, through an online hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $10,000, the type of hearing will be determined by the AAA Rules.
Class Arbitration
The arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. If this Class Arbitration Section is found to be unenforceable or invalid, then the entirety of this Arbitration Agreement shall be null and void.
Public Injunctive Relief
If you or we seek public injunctive relief as a remedy for any Claim against one another (a“Public Injunctive Relief Request,”) you and we agree that Public Injunctive Relief Request cannot be arbitrated. Instead, that Public Injunctive Relief Request shall be adjudicated by a court after all other Claims to be decided in arbitration under this Arbitration Agreement are resolved in arbitration. You and we agree to jointly request that the court stay the Public Injunctive Relief request until after the remaining Claims have been finally resolved in arbitration. The enforceability, validity and effect of this Public Injunctive Relief section shall be determined exclusively by a court, and not by the administrator or any arbitrator.
Right to Reject Arbitration
You understand that you may reject the provisions of this Arbitration Agreement, in which case neither you nor we will have the right to elect arbitration and this Arbitration Agreement shall be void. Rejection of this Arbitration Agreement will not affect the remaining parts of this Terms. To reject this Arbitration Agreement, you must send us written notice of your rejection within 60 days after the date after you agreed to these Terms. You must include your name and address. The notice of rejection must be mailed to Attention: Legal Department, Finicity Corporation, 434 W.Ascension Way, Suite 200, Salt Lake City, Utah 84123. This is the only way that you can reject this Arbitration Agreement.
Changes to Arbitration Agreement
We agree that if we make any change to this Arbitration Agreement (other than a change to the Notice Address) and you did not initially reject this Arbitration Agreement, you may reject any such change pursuant to the process in the Right to Reject Arbitration section. If you so reject, the terms of the Arbitration Agreement that existed prior to your rejection shall remain in effect.
Entire Agreement
These Terms constitute the entire agreement between you and us with respect to our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Services. These Terms may be translated into other languages for convenience, but the English version shall be the governing version.
Governing Law
These Terms shall be governed by the laws of the State of New York without regard to any conflict of laws principles that would require or permit the application of the laws of any other jurisdiction.
Assignment
You may not assign, novate or otherwise transfer any of your rights or obligations under these Terms. We may assign, novate or otherwise transfer any of our rights or obligations under these Terms in our sole discretion without notice to you.
Waiver; Interpretation
Our failure or delay in enforcing any of your obligations or exercising any our rights or remedies under these Terms shall not operate as a waiver. Additionally, if we waive a particular obligation, right, or remedy in one circumstance, in whole or in part, it does not preclude us from subsequently requiring compliance with such obligation or exercising our right or remedy on other occasions. Use of the word “include” or any derivations thereof means to include without limitation.
Severability
Except as otherwise provided in the Class Arbitration section of the Arbitration Agreement, if any provision of these Terms is held invalid or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
Survival
The following provisions of these Terms shall survive your use of our Services and the termination of your ability to access our websites: Your Promises to Us; Consent to CallMonitoring and Recording; Intellectual Property Rights; Disclaimer of Warranties; Indemnification; Limitation of Liability; Arbitration Agreement; Governing Law; Assignment; Waiver; Interpretation; Severability; Survival; and any other provision that by its nature survives.
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