Spare's Terms of Service
1. Accepting the Terms
By using the information, tools, features, software, and functionality including content, updates, and new releases provided by Spare for the Spare Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Spare website or download and install the App without creating an account), or a “Customer” (which means that you have registered for an account with us to use any one of our Services). The term “you” or “User” refers to a Visitor or Customer. The term “we” or “our” refers to Spare. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these Terms. You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with Spare and (ii) are not barred from using the Services under applicable law.
You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable laws. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
2. Description of the Services
The Spare Service is a personal finance information management service that allows you to, among other things, consolidate and track your financial information, save money and share financial information with others including your partner and financial advisor. The Service also lets you collaborate with others, including your partner, by sharing access to your financial information and communicating about your personal finances.
The Services may also present you with information relating to third-party products or services that you may be interested in. The Services may also provide you general tips, recommendations, and educational material.
3. Your Registration Information and Electronic Communications
In order to allow you to use the Services, you will need to sign up for an account with Spare. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your legal name, full address, your date of birth, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third-party databases or through other sources. If you do not provide this information or Spare cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address or username, allows you to access the Spare Services. That email address or username and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your email address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site, sent as a notification on your mobile device, and/or delivered to your email address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Spare immediately at: email@example.com
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen or that someone is using your account without your permission, you must notify us immediately in order to take appropriate actions.
The following is Spare’s contact information: firstname.lastname@example.org
4. Your Use of the Services
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. Accurate records enable Spare to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our “Create an account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services 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 Spare in its sole discretion, may elect to take. In no event will Spare 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 Services, including any associated software or other materials supplied in connection with such services, shall be for Spare to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Spare may include new and/or updated pre-release features (“Beta Features”) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Beta Features is voluntary and Spare is not obligated to provide you with any Beta Features. Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions Spare may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within Beta Feature back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
5. Payment account synchronization
One of the features of Spare enables you to connect to bank accounts or e-wallets (“payment accounts”) maintained by hundreds of supported financial institutions around the world and synchronize automatically your payment account information with Spare on the basis of your explicit consent to Us as an account information service provider. For this purpose, Spare may use its own technology utilizing APIs of the financial institutions or a third-party provider.
6. Rights You Grant to Us
When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Spare will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Spare to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Spare a limited power of attorney, and appoint Spare as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SPARE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, SPARE 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 Services are not sponsored or endorsed by any third parties accessible through the Services. Spare is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Spare and our third-party service providers, Spare owns your Account Information.
7. Paid Features
Spare application is currently available free of charge, however, we may add paid features/plans which you can subscribe to when available. Any such paid features/subscription plans will be detailed in the Spare application.
Downloading or using Spare may incur additional costs for the Internet connection according to the standard rates of your ISP. You shall bear all such costs relating thereto.
8. User content
You may enter and upload to Spare or synchronize with it texts, numerical data, photos or other content. You retain copyright and all other rights to your content that qualifies for legal protection. For such content you grant Spare a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.
You are solely responsible for any content you provide to Spare and for any consequences thereof. You may not enter or upload to Spare or synchronize with it unlawful content or content that infringes copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of Spare.
Spare does not review the user content but reserves the right to remove or disable access to any user content for any reason.
Spare has no responsibility for the accuracy of the content you provided to Spare or synchronized with it or which was created by Spare based on your input.
You are solely responsible for backing up the content you enter or upload to Spare or synchronize with it.
9. License and ownership
Spare Services and all rights therein, including intellectual property rights, shall remain Spare's property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.
Subject to the Terms, Spare grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Spare and its future Paid features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Spare Services. Third-party services or libraries included in Spare are licensed to you either under these Terms, or under the third party's license terms, if applicable.
Based on your license, you may not access Spare with other means than the official application, mine or extract any data from Spare databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Spare Services or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Spare Services.
10. Privacy and your Personal Information
11. Account Information from Third-Party Sites
Users may direct Spare 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”). Spare does not review the Account Information for accuracy, legality, or non-infringement. Spare is not responsible for the Account Information or products and services offered by or on third-party sites.
Spare cannot always foresee or anticipate technical or other difficulties which may result in the failure to obtain data, the loss of data or personalization settings, and other service interruptions. Spare cannot 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.
12. Use with Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are 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. SPARE 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 .
13. Spare’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, Site, the App and other material are protected under ADGM and other applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed Spare or its software or content suppliers. Spare grants you the right to view and use the Services subject to these Terms. You may download or print a copy of information for the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services 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 Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
14. Access and Interference
You agree that you will 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 Services or any portion of the Services, without Spare’s express written consent, which may be withheld in Spare’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 Services and other than generally available third-party web browsers.
- Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere 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.
- Attempt to gain unauthorized access to any portion of the Services.
15. Disclaimer of Representations and Warranties
THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SPARE, ITS AFFILIATES, 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 SPARE NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SPARE NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES 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, SURREPTITOUSLY 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.
16. Not a Financial Planner, Broker or Tax Advisor
NEITHER SPARE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. SPARE IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. . The Services are 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 Service 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.
17. Limitations on Spare’s Liability
IN NO EVENT WILL SPARE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY CONTENT ON THE APP OR SUCH OTHER APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SPARE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO SPARE FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Your Indemnification of Spare
You shall defend, indemnify, and hold harmless Spare and its 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 attorney’s 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 Services.
19. Social media sites
20. Terminating your relationship with Spare
This Agreement will continue to apply until terminated by either you or Spare (or any Spare affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so by sending a request to: email@example.com.
To remove Spare from your mobile devices, delete the Spare App. However, deleting the app will not delete your Spare account; it will only delete the data from the device. Therefore, in order to close your account for the Spare Service, you must go to the settings section of the App and follow the prompts to close your account.
Spare may at any time; terminate its legal agreement with you and your access to the Services:
a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b) if Spare in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
c) for any reason and at any time with or without notice to you; or
d) immediately upon notice, to the email address provided by you as part of your Registration Information.
You acknowledge and agree that Spare may immediately 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 Services by you. Further, you agree that Spare shall not be liable to you or any third party for any termination of your access to the Services.
When there are changes in laws or regulations, conditions in the financial services markets, technology or organizational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through Spare, we may amend these Terms at our sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account or Paid features and prices. You will be notified about the planned changes in advance through Spare application and via e-mail (with the updated Terms attached in the form of a PDF file). The updated Terms will be published 2 months prior to the effective date. By continued use of Spare, you are expressing your acceptance of the changes. If you do not agree with the changes, you may terminate the Terms at any time and free of charge.
Release of updated version of the Spare application may precede the effective date of the updated Terms for the existing users. You may be required to accept the updated Terms in order to be able to use all features of updated version of the Spare application.
22. Governing Law and Jurisdiction
All matters relating to the Spare Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of ADGM Regulations without giving effect to any choice or conflict of law provision or rule. These terms are governed by and interpreted in line with ADGM Regulations and any disputes arising in relation to such terms are subject to determination in the ADGM Court.
Any disputes arising in relation to these Terms or the Services are subject to determination in the ADGM Court, although Spare retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.
If any provision of these Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
24. Complaints and Contact Information
Your questions, complaints or claims with respect to Spare should be directed to: Email: firstname.lastname@example.org