1. General Terms

These Terms of Service (“Agreement” or "Terms of Service") set forth the terms and conditions that apply to your access and use of the InGeniuZ mobile application (the “App”) as owned and operated by InGeniuZAI, LLC.

The Services are intended ONLY for users in the United States, and their use is governed by US law.

By installing, accessing or using the App, you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below). InGeniuZAI will interpret your compliance with these Terms, as well as any ambiguities in these Terms, at our discretion, and any headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms. If you don't agree to this Agreement, then you may not use the Services.

By agreeing to this Agreement, you also acknowledge that you have read the InGeniuZAI Privacy Policy.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

2. Accepting The Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by InGeniuZAI, you agree to be bound by this Agreement.

The term “you” or “User” refers to anyone who creates an account and uses the InGeniuZ app. The term “we” refers to InGeniuZAI. You may not use the App, and you may not accept this Agreement, if you’re not at least 18 years of age and, in any event, of a legal age to form a binding contract with InGeniuZAI.

If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you’re acting on behalf of a company or entity, that you have the authority to bind such an entity.

3. Privacy And Your Personal Information

We will process your personal information as described in the InGeniuZAI Privacy Policy.

4. Description Of The Services

The Services are personal finance information management services that allow you to consolidate and track your financial information. The Services are provided to you by InGeniuZAI without charge (it’s free) and are meant to provide you with information to allow you to organize and manage your finances. The App is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the App may not be appropriate for your situation.

5. Account Information From Third Party Sites

Users may direct InGeniuZ to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). InGeniuZAI works with one or more online service providers to access this Account Information. InGeniuZAI makes no effort to review the Account Information for any purpose, including, but not limited to, accuracy, legality or non-infringement. InGeniuZAI isn’t responsible for the products and services offered by, or on, third-party sites. If you use third party messaging services to interact with any part of the App, this may result in your information being transmitted via and subject to the terms of said services, e.g. Google Messages for Business or Apple Business Messaging.

InGeniuZAI 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.InGeniuZAI does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.

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 can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

6. Your Registration Information

In order to allow you to use the Services, you’ll need to sign up for an account with InGeniuZ. You agree and understand that you’re responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the App.

That LoginID and password form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the App by displaying links to notices generally on the Site, to that e-mail address.

If you become aware of any unauthorized use of your Registration Information or Account Information for the App, you agree to notify InGeniuZAI immediately at the email address - info@ingeniuz.ai.

If you believe that your Registration Information or Account Information or device that you use to access the App has been lost or stolen, or that someone is using your account without your permission, you must notify InGeniuZAI immediately at info@ingeniuz.ai.

7. Your Use of the App

Your right to access and use the App is personal to you and isn’t transferable by you to any other person or entity. You’re only entitled to access and use the App for lawful purposes and in a manner consistent with all applicable local, national, and international laws and regulations.

Accurate records enable InGeniuZAI to provide the App to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information and Account Information.

In order for the App to function effectively, you must also keep your Registration Information and Account Information up to date and accurate. If you don’t do this, the accuracy and effectiveness of the App will be affected. You represent that you’re a legal owner of, and that you’re authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the App.

Your access and use of the App may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment,periodic updating, maintenance or repair of the Services or other actions that InGeniuZAI, in its sole discretion, may elect to take. In no event will InGeniuZAI be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the App, including any associated software or other materials supplied in connection with such Services, shall be for InGeniuZAI to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.

Some features may leverage or test artificial intelligence tools to improve or provide the services, in accordance with our Terms and Privacy Policy.

From time to time, InGeniuZAI may include new and/or updated pre-release features for your use, which permit you to provide feedback. You understand and agree that your use of the pre-release features is voluntary and InGeniuZAI is not obligated to provide you with any pre-release features.

8. Not A Financial Planner, Broker Or Tax Advisor

NEITHER INGENIUZAI NOR THE INGENIUZ APP ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. INGENIUZ IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.

The App is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the App may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

9. Use With Your Mobile Device

Use of the App may be available through a compatible mobile device and may require software. You agree that you’re solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

INGENIUZAI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

10. Widgets

InGeniuZAI offers Mobile Device Widgets (“Widget”) which may provide information regarding your financial status, including but not limited to a Available to Spend Widget estimating how much money you may have available in a linked account. Widgets are provided as informational tools only and should not be relied upon to make financial decisions. You understand and agree that any information provided to you via the Widgets may be delayed or prevented by a variety of factors and may as a result be inaccurate and should not be relied on.

InGeniuZAI may make commercially reasonable efforts to ensure the Widget contains accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. InGeniuZAI shall not be liable for any a. delays, failure to deliver, or misdirected delivery of any information on the Widget b. errors in the content on the Widget; or c. actions taken or not taken by you or any third party in reliance on the Widgets.

Anyone with access to your unsecured device will be able to view the content of these Widgets. At any time you may disable the Widgets.

11. Rights You Grant To Us

By submitting information, data, passwords, usernames, PINs, credentials, other log-in information, materials and other content to InGeniuZAI through the App, you’re expressly directing us to use that content, and licensing that content to InGeniuZ for the purpose of providing the App. InGeniuZAI may use and store the content in accordance with this Agreement and our Privacy Statement.

You represent that you're entitled and authorized to disclose and submit that content to InGeniuZAI for use for this purpose, without any obligation by InGeniuZAI to pay any fees or be subject to any restrictions or limitations. By using the App, you expressly authorize InGeniuZAI to access your Account Information maintained by identified third parties, on your behalf as your agent.

YOU ACKNOWLEDGE AND AGREE THAT WHEN INGENIUZ IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, INGENIUZ IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.

You understand and agree that the App isn’t sponsored or endorsed by any third parties accessible through the Services. InGeniuZAI isn’t responsible for any payment processing errors or fees or other App-related issues, including those issues that may arise from inaccurate account information.

12. Intellectual Property Rights

The contents of the App, including their “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws.

The contents of the App belong to or are licensed to InGeniuZAI, or its software or content suppliers. Third-party trademarks, service marks, graphics and logos used in connection with the App are the intellectual property of their respective owners and are used for identification purposes only. Use of these names, trademarks and logos does not imply a relationship with InGeniuZAI.

Any distribution, reprint, or electronic reproduction of any content from the App, in whole or in part for any other purpose, is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the App or content in a manner that violates any applicable law, regulation, or this Agreement.

13. Access and Interference

You agree that you’ll not:

• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the App without InGeniuZAI’s express written consent, which may be withheld in InGeniuZAI's sole discretion.
• Use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the App and other than generally available third-party web browsers (such as Microsoft Explorer).
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Services.
• Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Services.

14. Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE APP OR PROVIDED THROUGH THE APP (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INGENIUZAI AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

NEITHER INGENIUZAI OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE APP (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INGENIUZAI OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE APP IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 18 OF THIS PROVISION MAY NOT APPLY TO YOU.

15. Limitations On InGeniuZAI's Liability

INGENIUZAI SHALL, IN NO EVENT, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED, TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE APP, OR THIS AGREEMENT, EVEN IF INGENIUZAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INGENIUZAI’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $100.00 (ONE HUNDRED UNITED STATES DOLLARS).

16. Your Indemnification of InGeniuZAI

You shall defend, indemnify and hold harmless InGeniuZAI and its affiliates, officers, directors, shareholders and employees from and against all claims, suits, proceedings, losses, liabilities and expenses, whether in tort, contract or otherwise that arise out of or relate including, but not limited to, attorneys fees, in whole or in part, arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

17. Account Termination

InGeniuZAI may, at any time, suspend your account and/or terminate its legal agreement with you and your access to the App for any reason, and at any time, with or without notice. Some but not all of the reasons that we may terminate your services include: If you’ve breached any provision of this Agreement (or have acted in a manner which clearly shows that you don’t intend to, or are unable to comply with, the provisions of this Agreement).

If InGeniuZAI, in its sole discretion, believes it’s required to do so by law (for example, where the provision of the App to you is, or becomes, unlawful). You acknowledge and agree that InGeniuZAI may immediately suspend, deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the App by you. Further, you agree that InGeniuZAI shall not be liable to you or any third party for any suspension or termination of your access to the Services.

18. Modifications

InGeniuZAI reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the App with or without notice. InGeniuZAI reserves the right to change the App in our sole discretion and from time to time. If you don’t agree to the changes after receiving a notice of the change to the App, you may stop using the App. Your use of the App, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that InGeniuZAI shall not be liable to you or to any third party for any modification, suspensions or discontinuance of the App.

InGeniuZAI may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or the App or by posting the information on the Sites). The Agreement will always indicate the date it was last revised. You’re deemed to accept, and agree to be bound by, any changes to the Agreement when you use the App after those changes are posted.

19. Governing Law, Forum For Disputes, And Arbitration Agreement

Texas state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE APP OR ANY OTHER SERVICES OFFERED IN THE FUTURE WITHIN THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. You agree to waive your right to a jury trial or class action lawsuit.

The arbitration shall be conducted in Dallas, Texas, and each party shall bear its own legal costs.

Mandatory Pre-Arbitration Notice: You must notify us in writing within two (2) years of any dispute arising under this Agreement. Notice may be submitted via email to info@ingeniuz.ai, or you will waive your right to bring these claims in arbitration or small claims court. The notice you submit must be on your behalf only and must bear your signature, not the signature of your attorney. The notice cannot be co-signed by another party or otherwise combined with the notice of another party. The notice must describe with sufficient details to allow InGeniuZAI to investigate and evaluate: (a) your relationship with InGeniuZAI; (b) the facts supporting your allegations; and (c) the claims or dispute that you are asserting. You must allow sixty (60) days from receipt of notice for you and InGeniuZAI to try and resolve the dispute before you may proceed in filing an arbitration matter. While you and InGeniuZAI attempt to resolve the dispute, your claims shall be tolled for this sixty-day period, and tolling will end when the parties either agree to a resolution or fail to reach an agreement by the sixtieth day, whichever date is later.

Unless a party demonstrates that it is reasonably unable to pay, each party shall bear its own arbitration costs, fees, and attorney’s fees. However, upon a finding by the arbitrator of any of the following, the arbitrator may, in their discretion, award reasonable arbitration costs, fees, and attorney’s fees to the opposing party: (a) the claims or defenses brought were frivolous, lacked a reasonable pre-notice investigation, lacked evidentiary support, or were initiated in bad faith; (b) a prevailing party rejected a written settlement offer or refund prior to the conclusion of arbitration that exceeded the value of the recovery awarded; or (c) a party initiates arbitration asserting substantially similar claims as a prior arbitration that was denied or rejected, where the party (or their legal representative) knew or reasonably should have known the claims were previously unsuccessful and failed to raise new, warranted legal or factual allegations. The arbitrator may also consider the financial resources of the parties in determining whether to award such fees.

The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Texas law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may, at any time, seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.

20. Apple Requirements

If you downloaded the App, any of the Services or product from the Mac App Store, the following terms also apply to you:

A. Acknowledgement: You acknowledge that this Agreement is between you and InGeniuZAI only and not with Apple, and InGeniuZAI, not Apple, is solely responsible for the Software and the content thereof.

B. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control, and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.

C. Maintenance and Support: InGeniuZAI and not Apple is solely responsible for providing any maintenance and support services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

D. Product Claims: InGeniuZAI, not Apple, is responsible for addressing any user or third-party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims, (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

E. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim, that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, InGeniuZAI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

F. Legal Compliance: You represent and warrant that (i) you are not located in a country that’s subject to a U.S. Government embargo, or that’s been designated by the U.S. Government as a terrorist-supporting country, and (ii) you’re not listed on any U.S. Government list of prohibited or restricted parties.

G. Developer Contact Info: Direct any questions, complaints or claims to: info@ingeniuz.ai.

H. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Software.

I. Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.