This End-User License Agreement (“Agreement”) is a legally binding agreement between you as the licensee (“you” or “your”) and Currence, Inc., a Delaware corporation (together with any of its assignees or successor entities, “Currence;” “we;” “our;” “us”), with respect to your use of Currence’s services, service program interfaces, websites, or mobile services, including but not limited to Currence Customer Mobile Application (collectively, and including all related Currence software, including any Updates (as defined herein), upgrades, or other modifications thereof, documentation and Updates thereto, amendments, and versions thereof, the “Service”). Before clicking the “I Agree” button, downloading, or using the Service, please read this Agreement carefully.
By clicking the “I Agree” button or downloading, installing, or using the Service, you (i) acknowledge that you have read and understand this Agreement; (ii) represent that you are at least 18 years of age; and (iii) agree to be bound by the terms and conditions of this Agreement. You represent and warrant that you have all necessary authority to be bound by this Agreement and to perform your obligations hereunder. If you are obligated to Currence under more than one agreement with respect to the Service, and if those agreements terms vary, then the order of precedence of those agreements is, first, an agreement executed by you and Currence that expressly supersedes all other agreements and, second, any other electronic agreement provided with the Service. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU AGREE THAT YOU SHALL NOT CLICK ON THE “I AGREE” BUTTON AND/OR DOWNLOAD OR USE THE SERVICE.
The Service is licensed, not sold, to you by Currence for use strictly in accordance with the terms of this Agreement.
Currence grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, access, and use the Service solely for your personal, non-commercial purposes on a mobile device or computer owned or controlled by you strictly in accordance with the terms of this Agreement.
You shall not and shall not permit others to:
Improper use of the Service may result in termination of your access to and use of the Service and/or civil or criminal liabilities.
You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Service, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Currence, except as expressly granted to you in this Agreement.
Currence reserves all rights not expressly granted herein in the Service. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel or otherwise.
The Service is licensed, not sold, to you. Currence and its affliates, suppliers and licensors own and retain all right, title and interest in and to: (a) the Service and Documentation (including all copies, components thereof and all upgrades, modications, enhancements and derivative works thereof); and, (b) all copyrights, patent rights, trade secret rights, trademark and other intellectual property and other proprietary rights embodied in or relating to the Service or Documentation. You acknowledge and agree that you shall have no rights with respect to any of the foregoing other than the limited rights expressly set forth in this Agreement. Currence expressly reserves all rights in the Service and Documentation not specically granted to you. It is acknowledged that all right, title and interest in and to the Service and Documentation will remain vested exclusively with Currence. Further, you understand that the Service is programmed to track the number of deployed copies of the Service, as well as authorized devices, users and other usage-related data, and you consent to such operations and shall not engage in any activity designed to circumvent or obstruct, or which has the effect of circumventing or obstructing, the Service’s tracking capabilities. You grant to Currence the right to monitor your usage of the Service.
You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant and hereby grant to Currence and its licensors and suppliers, a royalty-free, fully paid-up, sublicensable (through multiple tiers of sublicensees), transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, cache, record, copy, view, display, distribute, modify, reproduce, publically perform and create derivative works of any information, data, materials, photographs, images or content you provide to Currence (“User Content”) for (a) the purposes of providing the Service, (b) the purposes of developing, maintaining, supporting or improving the Service, or (b) any other purposes permitted by any applicable law. You agree that Currence and its licensors and suppliers may store User Content in order to provide the Service. Currence and its licensors and suppliers aggregates User Content with other data and also collects technical information and data about your use of the Service. You expressly agree that Currence and its licensors and suppliers may use any aggregated and anonymized data for any purpose during or after the term of this Agreement, including, without limitation, to develop and improve the Service or otherwise develop and improve Currence services and products.
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Currence with respect to the Service shall remain the sole and exclusive property of Currence.
Currence shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Currence, in its sole discretion, reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to you.
Updates to Service
Currence may from time to time, in its sole discretion, provide enhancements or improvements to the features and functionality of the Service, which may include patches, bug fixes, updates, upgrades, and other modifications (collectively, including related documentation, “Updates”). Updates may modify or delete certain features or functionalities of the Service. You agree that Currence has no obligation to provide any Updates or continue to provide or enable any particular features or functionalities of the Service to you.
Based on your mobile device or computer settings, when your mobile device or computer is connected to the internet either: (i) the Service will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates shall be deemed to constitute an integral part of the Service and subject to the terms and conditions of this Agreement.
The Service may display, include, or make available third-party content (including data, information, Services, and other products, Service, or materials) or provide links to third-party websites or Service (“Third-Party Materials”). You acknowledge and agree that Currence is not endorsing nor is responsible for Third-Party Materials, including such Third-Party Materials’ accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Currence does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
We take care to allow your personal information to be accessed only by those who require access to perform their tasks and duties, and to share only with third parties who have a legitimate purpose for accessing it. Currence will never sell or rent your personal information to third parties without your explicit consent. We will only share your information in the following circumstances:
Currence may use Plaid, Inc. (“Plaid”) to connect your Currence account with your bank account, verify your bank account and confirm your bank account balance prior to approving a transaction. Information shared with Plaid is treated by Plaid in accordance with its Privacy Policy, available at https://plaid.com/legal/#end-user-privacy-policy.
Currence may use Unit, Inc. (“Unit”) to manage ACH transactions between linked Currence accounts. Information shared with Unit is treated by Unit in accordance with its Privacy Policy, available at https://unit.app/privacy/.
Currence may use Atomic Financial (“Atomic”) to redirect direct deposits to your Currence account. Information shared with Atomic is treated by Atomic in accordance with its Privacy Policy, available at https://atomic.financial/privacy-policy/.
Currence collects, stores, maintains, and shares information about you in accordance with its Privacy Notice, which is available at www.livecurrence.com. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Notice.
You acknowledge and agree that any account you create via the Service (“Account”) may be associated with a financial strategist (“Affiliated Strategist”) and that such Affiliated Strategist can view and have access to your Account and data on any platform that Currence makes available to such Affiliated Strategist. This permission extends to other individuals or entities that such Affiliated Strategist may assign to your Account, including, but not limited to, Affiliated Strategist’s team members or other general agents.
You further agree that your relationship with Currence is independent from any relationship that you have with an Affiliated Strategist. If your Affiliated Strategist no longer partners with Currence or ends its relationship with Currence in any manner, you hereby acknowledge and agree that your Account may be assigned to a different financial strategist. Without limiting the foregoing, you have the right to terminate this Agreement if your Affiliated Strategist no longer partners with Currence or ends its relationship with Currence in any manner.
You acknowledge and understand that at present no Affiliated Strategist is authorized to, and shall not, apply the Service to render securities investment advice with respect to your Account.
This Agreement shall commence when you download the Service or click the “I Agree” Button and will continue in effect until terminated by you or Currence as set forth in this Section.
Currence may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement shall terminate immediately, without prior notice from Currence, in the event that you fail to comply with any provision of this Agreement.
You may terminate this Agreement by deleting the Service and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, (i) all rights granted to you under this Agreement shall also terminate, and (ii) you shall cease all use of the Service and delete all copies of the Service from your mobile device or from your computer.
Termination of this Agreement will not limit any of Currence’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Currence makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas or that the Service is appropriate or available for use in other locations. Accessing the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you choose to access the Service, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Service is operated from the United States. If you are located outside of the United States and choose to use the Service or provide your User Content to Currence, your User Content will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of your User Content in connection with the Service represents your agreement to this practice. If you do not want your User Content transferred to or processed or stored in the United States, you should not use the Service.
You agree to indemnify, defend, and hold harmless Currence and its officers, directors, employees, agents, affiliates, successors, and assigns for, from, and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your: (a) use of the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party, including but not limited to the content you submit or make available through this Service.
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CURRENCE ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CURRENCE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SERVICES, SYSTEMS OR SERVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER CURRENCE NOR ANY CURRENCE’S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF CURRENCE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF CURRENCE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURRENCE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE, OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE) EVEN IF CURRENCE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
The Service and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other end users under the terms and conditions of this Agreement, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
You may not export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained.
In particular, but without limitation, the Service may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of the Service, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Currence reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, Currence will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in Currence’s sole discretion. This Agreement may not be changed, waived or modified except by a written instrument signed by Currence. If any employee of Currence offers to modify this Agreement, he or she is not acting as an agent for Currence or speaking on Currence behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Currence or anyone else purporting to act on Currence’s behalf.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
This Agreement is exclusively governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located Wall Township, Monmouth County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
This Agreement is between you and Currence; there are no third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Neither this Agreement nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Currence’s’ prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Currence may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
Except as explicitly stated otherwise, legal notices shall be served on Currence at [email protected]. (in the case of Currence) or to the e-mail address you have designated on your Account (in your case). Notice to you shall be deemed given 24 hours after the e mail is sent.
If you have any questions about this Agreement, please contact us at [email protected].
Each party’s obligation (other than your obligation to pay any fees when due) shall be suspended during any period that the party is rendered incapable of performing by virtue of any criminal acts of third parties, disruptions to the financial markets and banking transactions resulting from economic conditions, government actions (whether legislative acts or agency regulations), and other circumstances, war, viruses and pandemics, acts of terrorists and other public enemies, severe weather conditions, utility failures, strikes or other labor disturbances, floods and other natural disasters, other “acts of God,” unforeseeable acts of employees, telecommunication or interruption of Internet service, or any causes of like or different kind, beyond any reasonable control of the party.
The Agreement constitutes the entire agreement between you and Currence regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and Currence
You may be subject to additional terms and conditions that apply when you use or purchase other Currence Service, which Currence will provide to you at the time of such use or purchase.