Terms of Use

These terms of use ("Terms" or "Agreement") are entered into by and between you and Travis Hogan, operating as Cadence ("we," "us," or "Cadence"). These Terms grant you access to, offer, and govern your use of the website, applications, and other offerings we provide, including cadencemoney.com and its related web and mobile applications (our "Services").

BY USING THE SERVICES OR BY CLICKING TO ACCEPT THESE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND ALL OTHER TERMS AND POLICIES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS, USE, OR MAKE ANY PURCHASES THROUGH THE SERVICES.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 13 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR SERVICES, OR ANY RELATED SERVICE OR CONTENT, BY APPLICABLE LAW.

Eligibility

By using the Services, you represent and warrant that you are at least 13 years of age. If you are under 18 years of age, you represent that you have obtained parental or guardian consent to use the Services. You also represent that you meet all of the eligibility requirements set forth in these Terms. If you do not meet all of these requirements, you must not access or use the Services.

Updates to These Terms

We may update these Terms periodically, so we encourage you to check our Services for updates. All revisions become effective immediately at the time we post them, unless we state otherwise. Your continued use of the Services after such updated Terms come into force means you accept and agree to the changes, and you will be bound by such updated Terms going forward if you continue using our Services.

Your Access & Account

When you access our Services, you may be asked to provide certain personal information, including your contact information (such as your name and email address) or payment information (if you are purchasing something from us). You represent and warrant that all information you provide to us is current, complete, and correct. All the information you provide will be collected and used in accordance with our Privacy Policy.

Additionally, while we strive to offer you continuous access to our Services, our Services may be unavailable from time to time. We will not be liable if your access or use of our Services is interrupted or if any part of the Services is unavailable for a period of time. We also reserve the right to change our Services and any related features in our sole discretion.

Financial Data Integration

When you use our Services to import information from financial institutions and other financial platforms, you agree that (i) we may collect this information from the service providers (like Plaid) delivering it to us, (ii) we may use this information for the purpose of delivering our Services to you and in compliance with our Privacy Policy, and (iii) you will abide by those service providers' terms (in addition to our Terms).

Informational Purposes Only

The Services, including any insights, suggestions, reports, or analysis provided, are for informational purposes only. Cadence does not provide financial, investment, tax, or legal advice. The information provided through our Services should not be construed as professional advice, and you should not rely on it as a substitute for consultation with qualified professionals regarding your specific financial situation.

You acknowledge that you are solely responsible for your financial decisions and that Cadence shall not be liable for any decisions you make based on information provided through the Services.

Intellectual Property Rights

The Services include functions, features, and content that we own or are licensed to us. All of our Services' functions, features, and content are owned by us, our licensors, or other rightful owners, and all functions, features, and content are protected by copyright, trademark, patent, trade secret, and any other applicable intellectual property laws. No right, title, or interest in the Services or any of its functions, features, or content is transferred to you, and we reserve all rights not expressly granted to you.

The name "Cadence" and related logos are trademarks of ours. You may not use our trademarks without our prior written consent.

Prohibited Uses

Your use of our Services is conditional on you using our Services for lawful purposes only and in accordance with these Terms. You agree that you will not use our Services:

• To do anything that limits another person's use or enjoyment of our Services.
• In a way that violates any applicable laws or regulations.
• In a way that could disable, overburden, damage, or impair our Services.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letters," "spam," or any other similar solicitation.
• To impersonate or suggest an association with us, our employees, or another user without permission.
• To provide any false, inaccurate, or misleading information.

You also agree that you will not:

• Use any software, device, bot, automatic means, or manual process to access our Services or copy any of our Services' content in any manner that adversely affects our operation of the Services.
• Introduce any malicious or harmful technology, including trojan horses, worms, or logic bombs.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of our Services, our server, our database, or our computer systems.

Monitoring and Enforcement; Termination

Your acceptance of these Terms means we have the right to:

• Take any action we believe is necessary to protect Cadence, our customers, or anyone else who may be adversely affected by your breach of these Terms.
• Suspend or terminate your access to all or part of our Services for any reason, including a violation of these Terms.
• Cooperate with any law enforcement authority or court requesting disclosure of anyone's use of our Services.

Free Trials

We may, at our sole discretion, offer free trials for certain features or subscription plans. If a free trial is offered, the specific terms and duration will be specified at the time of sign-up.

You may be required to provide valid billing information to initiate a free trial. If you do not cancel your subscription before the end of the trial period, your chosen payment method will be charged the applicable subscription fees beginning on the day after the trial ends.

We reserve the right to modify or cancel free trial offers at any time without notice. Free trials are limited to one per user unless otherwise stated.

Subscriptions & Billing

Prices & Payment

We offer annual subscriptions to our Services. When you buy a subscription, you are purchasing our Services for the subscription period you choose. At the end of your subscription period, your subscription will automatically renew on your renewal date unless it's cancelled.

By purchasing a subscription to our Services, you authorize us to charge the payment method you provide on the date of your initial purchase and on each subsequent renewal date until your subscription ends.

The prices we charge will be the prices in effect at the time a purchase is made. Posted prices do not include taxes or other service charges. All such taxes and charges will be added to your invoice.

Cancellations & Refunds

You may cancel your subscription at any time. If you choose to cancel, your account will remain active for the rest of your purchased subscription period, and your subscription will not be renewed on your next renewal date.

14-Day Refund Policy: If you request a refund within 14 days of your initial purchase or renewal, we will provide a full refund of that subscription period. Refund requests after 14 days will be considered on a case-by-case basis but are generally not provided.

When cancelling your subscription, you may request that we delete your account (and its information) before the end of your current subscription period. We will delete your account and its data in accordance with our Privacy Policy.

Third-Party App Store Purchases

If you purchase a subscription to our Services through a third-party, such as Apple Inc.'s App Store or Google Play Store, your subscription may be managed on that third-party's platform. As such, you may need to use that platform to cancel your subscription, and we are not responsible for the refund or cancellation practices of those third parties.

Geographic Restrictions

We are based in Ontario, Canada. The Services are not intended for use in any jurisdiction where their use is not permitted, and we do not make any representations or warranties that our Services may be used outside our local jurisdiction. If you access the Services from outside Ontario, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL ATTACK OR MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CADENCE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE, OR EXEMPLARY DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CADENCE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CADENCE'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO CADENCE UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100 CAD, WHICHEVER IS LESS.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cadence and its operators, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to any claim in connection with your use of the Services or your negligence, wilful misconduct, or breach of this Agreement.

Force Majeure

We will not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms when and to the extent our failure or delay is caused by or results from acts beyond our reasonable control.

Governing Law and Jurisdiction

The Services and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule.

Any action or proceeding arising out of or relating to the Services or these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada (as it operates in that province), and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

Waiver, Severability & Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed and will not affect the validity or enforceability of the remaining provisions.

These Terms, including any documents and other policies incorporated herein by reference, will be deemed the entire agreement between you and us with respect to the subject matter of these Terms, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Third-Party App Stores

We make our mobile application available to you through Apple Inc.'s App Store and Google LLC's Play Store. The following terms apply:

• This Agreement governs the terms of our relationship with you, and it does not create an agreement between you and Apple Inc. or Google LLC.
• The licenses granted to you under this Agreement are limited to a non-transferable license to use the Services on devices that you own or control and as permitted by the applicable app store's usage rules.
• Apple Inc. and Google LLC are not responsible for providing any maintenance or support services relating to the Services provided to you.
• Apple Inc., Google LLC, and their subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, they will have the right to enforce the terms of this Agreement as applicable.
• You must comply with all applicable third-party terms of agreement when using our Services.

Contact

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@cadencemoney.com