Last Updated: March 11, 2026
These Cashably Terms of Use (this “Agreement”) set forth a binding contract between you and [Cashably, LLC, a Michigan limited liability company] (“Cashably,” “we,” “us” and “our”). This Agreement governs your access to [www.cashably.com] (the “Website”), our mobile applications, Cashably (the “App(s)”), including all related widgets, tools, data, software, and other services provided by us and/or offered through the Website or Apps (collectively, the “Services”). It is important that you read the entire Agreement carefully as it affects your legal rights.
PLEASE CAREFULLY READ THIS AGREEMENT BEFORE USING THE WEBSITE, APPS OR THE SERVICES. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING LIMITING CASHABLY’S LIABILITY AND REQUIRING DISPUTE RESOLUTION ON AN INDIVIDUAL NON-CLASS BASIS. SEE SECTIONS 9-12.
BY USING THE WEBSITE, APPS OR SERVICES, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (III) CONSENT TO COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY; AND (IV) AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND THIS AGREEMENT IN FULL, PLEASE DO NOT USE THE WEBSITE OR SERVICES.
This Agreement is subject to change. You agree that we may change, terminate, modify, add, end, or delete any of these terms and conditions. We will indicate any such changes or modification by posting the updated version of the Agreement on this page and changing the “Last Updated” date at the beginning of the Agreement. Your continued use of the Website, Apps, or Services after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to the modified terms, you must stop using the Services.
In order to access or use some of the features of the Services, you may first be required to create a Cashably account (an “Account”). In order to create an Account, you will need to provide us with your name, email address, and other information requested or provided from time to time.
vi. not sell, transfer, or assign your Account or any Account rights.
b) You are solely responsible for maintaining the confidentiality and security of your Account. You will remain responsible for all activity emanating from your Account, whether or not such activity was authorized by you. We reserve the right to disallow, cancel, remove, or reassign certain Accounts in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of this Agreement, the rights of any third party, or any applicable laws or regulations. You are solely responsible for all consequences resulting from your Account and/or your access or use of the Services and any content therein.
c) You may delete your Account at any time through our Website or Apps by clicking profile → Account Setting → Delete Account. If you have active Subscription Services, you will need to cancel your subscription as described above before deleting your Account.
c) This license and all use of the Services is conditional upon your strict compliance with this Agreement and all applicable federal, state, and local laws and regulations (“Applicable Law(s)”).
d) The following restrictions apply to your use of the Services:
x. You must not deliberately impersonate any person or entity or otherwise misrepresent your information, including but not limited to registering an Account in the name of another person, or providing false or misleading information.
e) You agree to comply with the above conditions and acknowledge and agree that Cashably has the right, in its sole discretion, to terminate your Account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of this Agreement. This may include taking court action and/or reporting offending users to the relevant authorities.
a) We may offer certain products and services for purchase (“Subscription Services”) for a recurring fee (the “Subscription Fee”). If you subscribe to any Subscription Services, you will be required to authorize the Subscription Fee. Your “Subscription Period” is the interval of time between each recurring billing date and corresponds to the term of the Subscription Services. The terms of the Subscription Fee and the Subscription Period will be presented to you at the time you authorize payment. At the beginning of each Subscription Period, we will charge you a periodic Subscription Fee on a recurring basis corresponding to the terms of the Subscription Services and any applicable taxes or fees. You are solely responsible for any and all fees charged to your Account and payment method. To the extent permitted by applicable law, the Subscription Services will automatically renew for the Subscription Period unless and until you cancel the Subscription Services, or your Account is otherwise suspended or terminated. ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. Any purchases using a payment provider may be subject to their terms and privacy policy. To cancel a subscription, please go through your device’s app store settings: for Apple App Store subscriptions, open Settings > [your name] > Subscriptions, select Cashably, and tap Cancel Subscription; for Android (Google Play) subscriptions, open the Google Play Store > Profile icon > Payments & subscriptions > Subscriptions, select Cashably, and tap Cancel Subscription.
b) If the payment provider is unable to secure funds from you for the Subscription Fees or other fees for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Cashably may undertake further collection action, including recovery of fees and interest to the extent permitted by applicable law, and we reserve the right to suspend or terminate your Account and/or access to the Subscription Services. You agree to waive all claims against Cashably and its affiliates related to any unauthorized payments made on or through the use of your Account outside of our control, regardless of whether such payments are authorized or unauthorized.
a) Cashably may offer access to certain financial products, including the Cashably Card. The Cashably Credit Builder Card is issued by Cross River Bank, Member FDIC, and is subject to approval and eligibility requirements determined by the issuing bank.
b) Upwardli serves as the program manager and technology platform for the Cashably Credit Builder Card program. Upwardli works with Cross River Bank to support and operate the card program. Cross River Bank remains the issuing bank and the regulated financial institution responsible for providing the banking services, issuing the card, and maintaining the account relationship with cardholders.
c) Use of the Cashably Credit Builder Card is governed by a separate Cardholder Agreement by Upwardli and related disclosures are provided by Cross River Bank, which are made available to you before account opening. By applying for or using the Cashably Credit Builder Card, you agree to the applicable Cardholder Agreement.
a) The Website, Apps, Services, and their contents, features, and functionality (including but not limited to all information, software, text, data, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Cashably, 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. All related names, logos, product and service names, designs, and slogans are trademarks of Cashably or its affiliates or licensors. You must not use such marks without the prior written permission of Cashably. All rights not expressly granted to you are reserved by Cashably and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.
b) You agree that Cashably shall have, and you hereby grant to Cashably, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or authorize others to use, in any form or media, any information, content or data you submit to Cashably, for purposes related to providing, advertising and improving the Services, and for the purposes set forth in our Privacy Policy.
a) All personal information that you provide to us in connection with your use of the Services is collected, stored, used, and disclosed in accordance with our Privacy Policy. The Privacy Policy, as may be updated by Cashably from time to time, is hereby incorporated into this Agreement, and is available at www.cashably.com/privacy.
b) When a user deletes their Cashably account, the account will be deactivated and removed from active use. Certain information may be retained for a limited period of time to comply with legal obligations, resolve disputes, prevent fraud, and maintain security. This information is not used for marketing or operational purposes after account deletion and is securely deleted or anonymized after the applicable retention period.
a) By submitting your contact information to us (including but not limited to your name, phone number, mobile phone number, email address, or any other contact details), whether through the Website, Apps, Services, Account registration, subscription process, or any other means, you expressly consent to be contacted by Cashably, our affiliates, agents, or third-party service providers by telephone, text messages (SMS), email, postal mail, or other electronic means, even if your phone number is listed on any federal, state, or other Do Not Call registry or list.
b) This consent includes, but is not limited to, contacts related to your Account, inquiries, transactions, subscriptions, payments, collections, reminders, updates, marketing, promotions, and general information about our products and Services.
c) You consent to the use of pre-recorded or artificial voice messages, automatic dialing systems (autodialers), and other automated technologies for such contacts, including at any telephone number associated with your Account (such as mobile numbers that may result in charges to you). Where permitted by Applicable Law, we may also contact other individuals who may provide updated contact, employment, or location information for you.
d) You authorize Cashably and those acting on our behalf to deliver or cause to be delivered advertisements, telemarketing messages, or other communications using the methods described above. You agree that this consent applies even if the numbers you have provided are on any Do-Not-Call registry. You understand that providing this consent is not a condition of accessing or using the Services, purchasing any products, or receiving any credit or subscriptions from Cashably, and that you may access our Services by contacting us directly without opting into such communications.
e) By providing your mobile phone number and opting in (e.g., through Account registration, subscription authorization, or other explicit consent mechanisms), you agree to receive text messages from Cashably regarding your transactions, Account, marketing, promotions, and general product information. Message frequency varies. Standard message and data rates may apply from your carrier. You can opt out at any time by replying “STOP” to any text message from us. For help, contact us at [email protected]. Review our Privacy Policy for additional details on opting out.
f) You may revoke your consent or opt out of receiving certain communications at any time as described in our Privacy Policy (available at www.cashably.com/privacy) or by contacting us directly at [email protected].
h) You may opt out of receiving marketing emails from Cashably by: (1) utilizing the “Unsubscribe” link at the top of emails; (2) emailing a request to be unsubscribed to [email protected]
a) The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Services”), including but not limited to loans, credit cards, debt relief services, and other financial products and services offered by independent third-party lenders, financial service providers, aggregators, marketers, and other partners (collectively, “Service Providers”).
b) Cashably operates as an online platform that provides information about and connections to such External Services, and Cashably itself is not a lender, creditor, bank, or financial institution. Cashably does not make loans, extend credit, or make credit decisions. Any loan, credit card, debt relief service, or other financial product you obtain is a separate relationship solely between you and the applicable Service Provider.
c) Cashably does not have or maintain any control over External Services or Service Providers and is not and cannot be responsible for their content, operation, use, acts, omissions, products, or services, including but not limited to their websites, underwriting decisions, fees or rates, disclosures, privacy and data practices, or how they use or share information about you.
d) While we strive to keep the information on the Services current and accurate, certain loan terms, rates, and approval decisions are determined exclusively by the Service Providers and may vary based on state law and individual qualifications. All rates, fees, terms, conditions, and availability for any financial product or service are provided by the applicable Service Provider and are subject to change at any time in that provider’s sole discretion. We do not guarantee the availability, accuracy, or final terms of any product described through the Services, that any particular product or offer will be available to you, that you will be approved, that you will receive any specific rate or term, or that any product shown represents the lowest-cost or best option available in the market. Users should rely on the disclosures and final terms provided directly by the Service Provider before making any financial decision.
e) We do not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services or Service Providers. The inclusion of any offer, link, logo, or reference to a Service Provider on the Website or in the Services does not constitute an endorsement or recommendation by Cashably. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements than those operated by Cashably. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services. Your use of any External Services is solely at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, with any third party related to External Services. You are solely responsible for taking the precautions necessary to protect yourself when using External Services, and to protect your computer systems from harmful or destructive content that may emanate from any External Services.
f) You agree that you are solely responsible for your interactions with any Service Provider, and for any products or services you obtain from them. Any questions, disputes, complaints, chargebacks, or claims relating to a financial product or service (including, without limitation, loan denials, fees or charges, billing practices, collection activity, credit reporting, or adverse action notices) must be addressed directly to the applicable Service Provider. Cashably is not a party to, and will not be responsible or liable for, any agreements, disclosures, communications, or transactions between you and any Service Provider. Cashably has no obligation to monitor or participate in disputes between you and any Service Provider, but we reserve the right (without any duty) to assist in our discretion, for example by providing you with contact information or general guidance about how to submit a complaint. Cashably disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Cashably with respect to any External Services. Cashably does not endorse any External Services or third-party product or service that may appear or be accessible on or through the Services.
THE WEBSITE, APPS, SERVICES AND EXTERNAL SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND INFORMATION THEREIN OR ACCESSED THERETHROUGH, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICES. WHILE CASHABLY USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS ON THE SERVICES, WE MAKE NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, APPS, SERVICES AND EXTERNAL SERVICES, OR ANY PART OR PARTS THEREOF. CASHABLY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY TRANSMISSION OF INFORMATION UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY TOOLS DESIGNED TO PREVENT UNAUTHORIZED USE WILL BE EFFECTIVE IN ANY AND ALL CASES, AND WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. CASHABLY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES, AND WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO YOU. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.
CASHABLY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LAW TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL CASHABLY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY OTHER PRODUCTS, SERVICES OR SUPPORT PROVIDED TO YOU BY CASHABLY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, ANY FORM OF ERROR, ANY BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT THE MAXIMUM LIABILITY OF CASHABLY WILL BE LIMITED TO ANY AMOUNT PAID TO CASHABLY BY YOU IN CONNECTION WITH THE SERVICES THAT UNDERLIE THE CLAIM, OR IF NO SUCH PAYMENTS HAVE BEEN MADE THEN FIFTY US DOLLARS ($50).
You hereby agree to indemnify, defend and hold harmless Cashably, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:(i) your use of the Website, Apps or Services; (ii) any breach or violation by you of this Agreement; (iii) your user submitted information; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or order; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Cashably reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Cashably’s defense of any claim. You will not in any event settle any claim without the prior written consent of Cashably, and Cashably retains full right and control of its decision to settle or not.
a) YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CASHABLY (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE WEBSITE, APPS AND/OR SERVICES.
b) If a dispute should arise between you and Cashably, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and Cashably each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute should be emailed to us at [email protected]. You and Cashably agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit or arbitration, until a 30-day post-notice resolution period expires. If an agreement cannot be reached within thirty (30) days of receipt of the Notice of Dispute, you or Cashably may commence an arbitration as set forth below.
c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
d) EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, APPS AND SERVICES, OR THE RELATIONSHIP OF THE PARTIES.
e) Any Dispute that is not resolved pursuant to the informal resolution process set forth in Section 12(b) above shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall take place in Washtenaw County, Michigan, unless the parties agree otherwise in writing or as otherwise provided by the AAA Rules for virtual or telephonic arbitration. The arbitrator shall have the authority to award any relief available in a court under law or in equity, but shall not have the power to award relief to, against, or on behalf of anyone not a party to the arbitration. The arbitrator’s award shall be final and binding on all parties, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the fees and expenses of the arbitrator and AAA, unless the arbitrator determines otherwise pursuant to the AAA Rules or applicable law. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive termination of this Agreement. Notwithstanding the foregoing, nothing in this Agreement prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction with respect to disputes related to intellectual property rights or unauthorized access or use of the Services. You and Cashably agree that any arbitration proceeding will be brought exclusively in [Washtenaw County, Michigan]. Both you and Cashably consent to venue and personal jurisdiction solely in [Washtenaw County, Michigan].
a) Some of the financial products and services displayed through the Website, Apps, and Services are offered by partners that compensate Cashably when you view, click on, or select their offers, or when you obtain a product from them. This compensation may take the form of referral fees, advertising fees, or other payments paid by the partner to Cashably. These payments are not paid by you and do not change the terms you receive from a partner, but they may affect where and how certain offers appear within the Services.
b) Cashably may, in its sole discretion, determine how offers are ordered, filtered, or highlighted. When we rank or present offers, we may consider a variety of factors. These can include (without limitation) the information you provide to us, your stated preferences and goals, estimated likelihood that an offer may be available to you, offer features (such as fees, rates, or rewards), partner quality and customer experience, and the compensation Cashably receives from partners. Compensation from partners may cause certain offers to appear more prominently than others with similar features.
a) Additional Terms. Certain features or Services may be subject to additional terms and conditions (“Additional Terms”) that are specific to those features or Services. These Additional Terms will be presented to you for review and acceptance at the time you access, subscribe to, or otherwise enter into such features or Services. By accepting the Additional Terms, you agree that they are incorporated into and form part of this Agreement. In the event of any conflict between this Agreement and the applicable Additional Terms, the Additional Terms will control with respect to the specific features or Services to which they apply.
b) Notices. Except as explicitly stated otherwise, any notices you send to us must be sent by certified mail, return receipt requested, or by overnight courier with tracking to [Cashably, LLC, 330 E Liberty St, Ann Arbor, MI 48104, Attn: Legal Notices]. In the case of notices we send to you, you consent to receive those notices by us posting notices on the Website, sending you an email at the email address associated with your Account, or mailing a notice to you at your address previously provided. Notice shall be deemed given: (i) immediately upon posting on the Website or sending an electronic message, unless we receive notice that the message was not delivered; or (ii) three (3) business days after mailing. You agree that a printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, to the extent permitted by applicable law. If any provision of this section is found to be unenforceable, it shall not affect the validity of the remaining provisions.
c) Electronic Communications. You consent to receive communications from us electronically, including through other electronic means available through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law. Prior to providing your consent, please note the following:
(i) you have the right to receive records in paper form at no additional charge (though we may charge reasonable fees for copies if permitted by law); request paper copies by contacting us at [[email protected]] or by mail at Cashably, LLC, [330 E Liberty St, Ann Arbor, MI 48104];
(ii) your consent applies to all records and notices during our relationship, unless specified otherwise;
(iii) you may withdraw consent at any time by contacting us at [[email protected]] or the address above, providing updated non-electronic contact info; withdrawal may terminate access to certain Services or incur fees/consequences as permitted by law;
(iv) to access/retain records, you need:
(1) internet-enabled device,
(2) valid email,
(3) current web browser (e.g., Chrome, Safari, Firefox), and
(4) PDF viewer (e.g., Adobe Acrobat). We will notify you of material changes to these requirements; and
(v) by using the Services or creating an Account, you affirmatively consent and demonstrate your ability to access electronic information.
d) No Financial, Legal, or Tax Advice. The information, tools, and content provided through the Website, Apps, and Services (including any descriptions, comparisons, rankings, or recommendations regarding financial products, offers, or Service Providers) are for general informational and educational purposes only and are not intended to constitute financial, investment, legal, tax, accounting, or other professional advice. Cashably is not a registered broker-dealer, investment advisor, tax advisor, or financial planner, and does not act as an agent, advisor, or fiduciary for you or for any Service Provider. We do not provide personalized financial advice or recommendations tailored to your individual circumstances, and nothing in the Services should be construed as such. You are solely responsible for evaluating any offers, products, or services (including their terms, rates, fees, risks, and suitability) and for deciding whether they are appropriate for your financial situation, goals, or needs. We make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any information provided, and you should not rely on it as the basis for any decision. You should always consult your own qualified financial, legal, tax, or other professional advisors before making any decisions or entering into any transactions based on information obtained through the Services. Cashably disclaims any liability for losses or damages arising from your reliance on the Services or any information therein.
e) Accessibility. Cashably strives to make the Website, Apps, and Services accessible to all users, including those with disabilities. We aim to comply with applicable accessibility standards. If you encounter any accessibility barriers or have suggestions for improvement, please contact us at [[email protected]].
f) DMCA Notice. Cashably respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on the Services infringes your copyright, please send a notice of claimed infringement to our designated DMCA agent at: Cashably, LLC, [330 E Liberty St, Ann Arbor, MI 48104, Attn: DMCA Agent], or email [[email protected]]. Your notice must include:
(i) a description of the copyrighted work;
(ii) a description of the infringing material and its location;
(iii) your contact information;
(iv) a statement that you believe in good faith the use is not authorized;
(v) a statement under penalty of perjury that the information is accurate and you are authorized to act; and
(vi) your electronic or physical signature. We will respond to valid notices and may terminate repeat infringers’ accounts.
g) Entire Agreement. This Agreement constitutes the entire agreement between you and Cashably with respect to the use of the Website, Apps, and Services and supersedes any prior agreements, representations, warranties, assurances, or discussions related to the Website, Apps, and Services.
h) No Waiver. Except as expressly set forth in this Agreement,
(i) no failure or delay by Cashably in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and
(ii) no waiver or modification of any term of this Agreement will be effective unless in writing and signed by Cashably.
i) Severability. If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall be deemed severable from this Agreement and such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
j) Term and Termination. This Agreement is effective until we or you deactivate your Account and you discontinue all use of the Service. Any section of the Agreement that, by its nature, is intended to survive termination of the Agreement or your use or access to the Service will survive such termination, including but not limited to Sections 5-12, and 14. Nothing in this section shall alter our or your rights or responsibilities relating to any act or occurrence during the time period when this Agreement was in force.
k) California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
l) Headings. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Agreement.
m) Assignment. Cashably may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under it, without the prior written consent of an officer of Cashably.
n) Compliance. Cashably reserves the right to investigate and prosecute any suspected or actual violations of this Agreement. Cashably may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
If you have any concerns about us or your use of the Website, Apps or Services, please contact us with a detailed description, and we will try to resolve it.
