Updated: November 12, 2020
We are constantly trying to improve our Web Services, so these Terms may need to change along with the Web Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website, by sending you an email, and/or by some other means. We reserve the right to modify the Terms at any time, at our sole discretion. It’s important that you review the Terms whenever we modify them because if you continue to use the Web Services after we have posted modified Terms on the Website, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Web Services.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Web Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
If you want to use certain features of our core services you’ll have to sign up and click on the “Join Daylight” button located on our Website. Once our Daylight mobile application becomes available at App Store and Google Play Store, you will receive an email notification. In order to use our core services, you have to install our Daylight mobile application and create your Daylight account upon sign up. As part of the registration process and your Daylight account creation, we may verify your identity through our Daylight mobile application. Please note that it’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date.
However, in a nutshell, our core services provided through the Daylight mobile application will consist of a personal finance information management service that allows you to aggregate, manage and track your (i) financial information, (ii) financial habits, (iii) savings goals & round ups, (iv) donations to partnered charities, and many more. We’re making it our top priority to create LGBTQ+ wealth, and that starts with the tools, resources, and roadmaps we offer you. Some of our features include (i) Daylight card – mobile-first checking with your chosen name accepted in Apple Pay, Google Pay, and anywhere Visa is accepted, (ii) Balance – easy-to-use analytics that helps you set and automate savings deposits and personalize saving goals, (iii) Community – share your goals and get authentic advice from people who’ve been there, and (iv) Empathy – access to financial coaches and advisors willing to help you.
You represent and warrant that you will only use the Web Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Web Services is prohibited by applicable laws, then you aren’t authorized to use the Web Services.
You represent, warrant, and agree that you will not contribute any content or customer data, or otherwise use the Web Services or interact with the Web Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Web Services. Please note that even though we’re not obligated to monitor access to or use of the Web Services, we have the right to do so for the purpose of operating the Web Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to investigate violations of these Terms or conduct that affects the Web Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Some parts of the Web Services are supported by sponsored links from advertisers relating to third party products or services (the “Offers”). The Web Services may display Offers that may be custom matched to you based on information stored in the Web Services, queries made through the Web Services or other information. As part of the Offers or otherwise, the Web Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
As part of the Web Services we provide, you may receive promotional or other emails with notifications, alerts or other types of messages from Daylight. By providing us with your email address, you agree to receive all required notices electronically. You are responsible for updating your email address on the Web Services, as necessary.
If at any time you would like to stop receiving promotional emails from us, you may opt out of receiving these secondary communications. To opt out, you must select the “Unsubscribe” link present in each email we send out to you as a customer. You can also unsubscribe by updating your account preferences when you access your personal account information. We reserve the right to send customers notification and administrative emails, which are considered a part of our Web Services.
If you provide your cellular phone number and agree to receive communications from Daylight, you specifically authorize us to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Web services and may opt out of such messages. You can unsubscribe by updating your account preferences when you access your personal account information.
Neither Daylight nor the Web Services are intended to provide legal, tax or financial advice. Moreover, Daylight is not a financial advisor, planner, broker, or tax advisor. Our Web Services are intended only to assist you in your financial organization in order to support your good financial habits. We understand that your personal financial situation is unique, and any information and advice obtained through the Web Services 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.
THE WEB SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Web Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. In no event will Daylight be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL DAYLIGHT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO DAYLIGHT IN CONNECTION WITH THE WEB SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Daylight, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Web Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (the “Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Daylight account, in any way (by operation of law or otherwise) without Daylight’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Web Services, provided that the Daylight may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Daylight agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Daylight, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Daylight in any respect whatsoever. You and Daylight agree there are no third party beneficiaries intended under these Terms.
If you have any questions about these Terms or the Web Services, please contact Daylights at Be Money Inc., 8335 Sunset Boulevard, West Hollywood, CA 90069, or by email at: email@example.com