Legal
These Terms of Service ("Terms") govern your access to and use of the Charli Finance Tracker mobile application, website, and related services (collectively, the "Service") provided by D.T. Ellsworth Incorporated, a Texas Corp ("Charli," "we," "us," or "our").
Please read these Terms carefully. By creating an account, downloading the app, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not access or use the Service.
To use the Service, you must be at least 18 years old, reside in the United States, and be able to form a legally binding contract. By using the Service, you represent and warrant that you meet these requirements and that all information you provide is accurate and current.
Charli is a personal budgeting and expense-tracking tool. The Service helps you organize, categorize, and visualize your financial information, set spending goals, and track transactions. You enter and maintain your financial information yourself. The Service does not connect to your bank, credit card, or other financial accounts, and does not retrieve or import data from financial institutions on your behalf.
The Service is an informational and organizational tool only. Charli does not hold, move, transfer, lend, or invest your money, and is not a bank, broker-dealer, investment adviser, lender, money transmitter, or financial institution.
The content, insights, categorizations, projections, and recommendations provided through the Service are for general informational purposes only and do not constitute financial, investment, legal, accounting, or tax advice. Charli is not a fiduciary. You are solely responsible for your own financial decisions. You should consult a qualified professional before making any financial decision. Your reliance on any information provided through the Service is at your own risk.
You may need to create an account to use certain features. You agree to provide accurate information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at Dustin.T.Ellsworth@gmail.com if you suspect any unauthorized use. We are not liable for any loss arising from your failure to protect your credentials.
Charli works only with the information you enter. We do not use account-aggregation services, and we never link to or pull data from your bank or other financial institutions. Because every figure in the App is one you provide, you are responsible for the accuracy of your entries and for verifying any financial information before relying on it.
To operate the Service, we use trusted infrastructure providers (for example, cloud hosting and storage) to securely host and back up the data you choose to save. These providers act on our behalf and are permitted to use your data only to help us run the Service, as described in our Privacy Policy. Your use of these providers is subject to their separate terms where applicable.
Subject to these Terms, Charli grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works from the Service, except as permitted by law.
You agree not to:
We may suspend or terminate your access for any violation.
Certain features may require a paid subscription. Pricing and billing terms will be disclosed at the point of purchase. Subscriptions automatically renew at the then-current rate until canceled. You may cancel at any time through your account settings or the applicable app store; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable. We may change our fees with notice as required by applicable law.
The Service, including all software, text, graphics, logos, and design, is owned by Charli or its licensors and is protected by intellectual property laws. The name "Charli" and our logos are our trademarks. Nothing in these Terms grants you any right to use them without our prior written consent.
If you submit suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without obligation or compensation to you.
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to those practices.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR ACCURATE. WE DO NOT WARRANT THE ACCURACY OF ANY FINANCIAL DATA DISPLAYED THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARLI AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Charli and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your license to use the Service ends. Sections that by their nature should survive termination (including Sections 9, 10, 12, 13, 14, 16, and 17) will survive.
Except for disputes that qualify for small-claims court, you and Charli agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court. Arbitration will take place in Texas or be conducted remotely.
Class Action Waiver: You and Charli agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to dustin.t.ellsworth@gmail.com within 30 days of first accepting these Terms.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and applicable U.S. federal law (including the Federal Arbitration Act). Subject to Section 16, any disputes not subject to arbitration will be resolved in the state or federal courts located in Texas.
We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by other reasonable means. Changes take effect when posted unless otherwise stated. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for doing so.
If you download Charli from a third-party app store (such as the Apple App Store or Google Play), you also agree to that store's applicable terms. You acknowledge that these Terms are between you and Charli only, not with the app store provider, and that the app store provider is not responsible for the Service or for providing any support or warranties.
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