Otomo Terms of Service

LAST UPDATED
Oct 17, 2023


Hi, thank you for using Otomo! Otomo provides a platform that helps you and other end users do things like plan your best life, allocate your earnings toward your necessities and goals, discover discounts on things you spend on often (or plan to buy), review personalized ideas that may improve your finances or credit score, and earn points (“Otomo Points”) and rewards.

This Terms of Services agreement (these “Terms”) are by and between Paymation, Inc., a Delaware C Corp also known as Otomo (“Company,” “we,” “us,” or “Otomo”), and you, the person accessing Otomo’s website (“Site”) and/or downloading or using our mobile application or web widget (the “Application,” “Widget,” “Software,” or “Platform”) and/or accessing our services (“End User,” “you,” or “your”), and govern your access and use of the Services (defined as follows). To make these Terms easier to read, the Site, Application, and Platform, together with our services, are collectively called the “Services.” IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. In that case, “End User,” “you,” and “your” will refer to that entity.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms as well as the terms of service and privacy policies of both Plaid and Dwolla (our “Financial Service Providers”). If you don’t agree to be bound by these Terms and the terms of service and privacy policies of our Financial Service Providers, do not use the Services.
    1. Plaid Terms and Conditions and Privacy Policy
    2. In order to use the savings functionality of the Services, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms and Conditions and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us and Client Licensee to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address, and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our or Client Licensee's application, and Dwolla account notifications will be sent by us or Client Licensee, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at service@otomoapp.com.
  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

  3. Changes to these Terms or the Services We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the Services, and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time, at our sole discretion.

  4. Who May Use the Services? You may use the Services only if you are (a) 18 years or older, (b) a legal resident of the United States, (c) capable of forming a binding contract with Otomo, and (d) not otherwise barred from using the Services under applicable law.

  5. Feedback We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

  6. Our Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. As between you and Otomo, we retain all rights to that content. The Services and any intellectual property of other content incorporated therein (the "Content") are owned by Otomo (and its licensors) and are licensed (not sold) to end users. Such Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law.

  7. Rights and Terms for the Software.
    1. Software License. If you comply with these Terms, Otomo grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Software on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Software primarily for your own personal non-commercial purposes. Except as expressly permitted in these Terms or with our prior written consent, you may not: (i) copy, modify, use, reproduce, download, transmit, or otherwise exploit or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software (unless applicable law permits, despite this limitation); (iv) make the functionality of the Software available to multiple users through any means; (v) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (vi) remove or obscure any proprietary or other notices contained in the Services or Content; (vii) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (viii) jeopardize the security of your Otomo Account or any other person's Otomo Account (such as allowing someone else to use your username and password to access the Services); (ix) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (x) violate the security of any computer network or crack any passwords or security encryption codes; or (xi) run Maillist, Listserv, any form of auto responder or "spam," or any processes that run or are activated while you are not logged in to access the Services.
    2. Additional Information: Apple App Store. This Section 7(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
  8. General Prohibitions and Otomo’s Enforcement Rights. You agree not to do any of the following:
    1. Use, display, mirror or frame the Services or any individual element within the Services, Otomo’s name, any Otomo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Otomo’s express written consent;
    2. Access, tamper with, or use non-public areas of the Services, Otomo’s computer systems, or the technical delivery systems of Otomo’s providers;
    3. Attempt to probe, scan or test the vulnerability of any Otomo system or network or breach any security or authentication measures;
    4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Otomo or any of Otomo’s providers or any other third party (including another user) to protect the Services;
    5. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Otomo or other generally available third-party web browsers;
    6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    7. Use any meta tags or other hidden text or metadata utilizing an Otomo trademark, logo URL or product name without Otomo’s express written consent;
    8. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
    10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
    11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    13. Impersonate or misrepresent your affiliation with any person or entity;
    14. Violate any applicable law or regulation; or
    15. Encourage or enable any other individual to do any of the foregoing.
    Otomo is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. To the extent permitted by applicable law, we reserve the right, in our sole discretion, but are not obligated, and without liability to you, to terminate (or suspend access to) your use of the Services, content, or your account for any reason, including, but not limited to, your breach of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. The Services may permit you to submit or otherwise make available to Otomo content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content"). You will ensure that any and all User Content made available to Otomo is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and that such User Content does not consist of or contain software, harmful, destructive, or malicious code such as computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world to perform Services, exercise our rights under these Terms, and for our general business purposes including to operate, provide, maintain, and improve our services, products, and technology generally. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.

  9. Links to Third Party Websites or Resources. The Services (including the Application) may allow you to access third-party websites, products, services, offers, advertisements, or other resources (“Third-Party Materials”), including as offered by or on behalf of the applicable bank, credit union, or other financial institution, investment organization, technology organization, or firm, or other organization (including a non-profit organization) from or through which you are accessing the Services (our “Client Licensee”). We provide access to such Third-Party Materials solely as a convenience and are not responsible for any Third-Party Materials or the content, products, or services on or available from or through such Third-Party Materials including any resources or links displayed on any third-party websites. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Materials. You acknowledge and agree that Otomo is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Neither Otomo nor its Client Licensees assume (and Otomo and its Client Licensees 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 your access and use of Third-Party Materials is entirely at your own risk, and may be subject to such third party(ies)' terms and conditions. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Materials.

  10. No Representations of Products, Services, Companies, or Offers. The Services contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.

  11. Term and Termination. The term of these Terms commences when you access, use, download, or install the Application or Services and will continue in effect until terminated by you or Otomo as set forth in these Terms, or otherwise if a separate, duly-executed license agreement between Otomo and you (or the organization on behalf of which you are accessing the Services) granting you access to such Services terminates or expires. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6, 8, 10, 11, 12, 13, 14, 15, and 16.
    1. By you. You may terminate these Terms by contacting us at service@otomoapp.com or, if you are using our Application, by deleting the Application and all copies thereof from your devices. Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the Services and delete any copies of the Application from your devices and accounts. These Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. You will be required to withdraw all funds from your Otomo account before closing your account.
    2. By us. Otomo may terminate your access to and use of the Services, including suspending access to or terminating your account, in its sole discretion at any time, with notice to you.
  12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT OTOMO DOES NOT GUARANTEE ANY OUTCOME OF YOUR USE OF THE SERVICES, IS NOT A FINANCIAL INSTITUTION, NOR IS IT A LICENSED BROKER, MONEY SERVICE BUSINESS, ASSET MANAGER, OR PROVIDER OF FINANCIAL COUNSELING OR RELATED SERVICES, AND DOES NOT GUARANTEE ANY OUTCOME OF YOUR USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR FINANCIAL DECISIONS AND ANY OUTCOMES THAT PROCEED FROM USING THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.

    TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OTOMO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND CLIENT LICENSEES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, OUR CONTENT, ANY OF OUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, AND THESE TERMS, 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, OTOMO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, SECURE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.

  13. Indemnity. You will indemnify and hold Otomo and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms.

  14. Limitation of Liability. You will indemnify and hold Otomo and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OTOMO NOR ITS SERVICE PROVIDERS OR ITS CLIENT LICENSEES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OTOMO OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OTOMO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF (I) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO OTOMO FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS ($100).
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OTOMO AND YOU.
  15. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in the county of Los Angeles and you and Otomo each waive any objection to jurisdiction and venue in such courts.

  16. General Terms.
    1. Reservation of Rights. Otomo and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
    2. Entire Agreement. These Terms, our Privacy Policy, and any other agreements incorporated by these Terms constitute the entire and exclusive understanding and agreement between you and Otomo regarding the Services, and these Terms supersede and replace all prior or contemporaneous oral or written understandings or agreements between Otomo and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Otomo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Otomo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. YOU AND OTOMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
    3. Notices. Any notices or other communications provided by Otomo under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
    4. Waiver of Rights. Otomo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Otomo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
    5. Electronic Signatures and Communications Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Services provided to you under these Terms and in your relationship with us (collectively, "Communications") that we may otherwise be required to send you or provide you in paper form (e.g. by mail). By accepting and agreeing to these Terms electronically you represent that: (A) You have read and understand this consent to use electronic signatures and to receive Communications electronically; (B) You satisfy the minimum hardware and software requirements specified below; and (C) Your consent to receive Communications electronically will remain in effect until you withdraw it, which you may do at any time by withdrawing all funds from your Otomo account and contacting us at service@otomoapp.com. If you withdraw your consent to receive Communications electronically you will no longer be able to use your Otomo account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us prior to your withdrawing of your consent and the withdrawal becoming effective.
      1. If you are using an instance of the Services in which you provide your contact information directly to Otomo, you must keep your information current with us. In this case, in order to ensure we can send Communications to you electronically you must notify us of any change in your email address and your mobile device number or other text message address we may be using to communicate with you by updating your profile through the Services or the Application. If Communications are returned or "bounce back" to us, such return will be deemed a notice of withdrawal of your consent to receive such Communications electronically and your account will be closed in accordance with the foregoing provision.

        You should print and save and/or electronically store a copy of all Communications that we send to you electronically for your own records.

        In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a supported platform like Windows or iOS; (3) a connection to the Internet; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" for this purpose means a version of the software that is currently being supported by its publisher.

        We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Site and the Application or delivering notice of such termination or change electronically.
    6. Fund Transfers Relationship with the Sponsor Financial Institution. The Application has been designed to facilitate your monetary savings by allowing you to authorize withdrawals and deposits out of and into one or more personal checking accounts maintained by you at one or more US financial institutions (your “Source Account" or “Source Accounts”) to an account held for your benefit (the "Otomo Account") at a US financial institution (the "Sponsor Financial Institution") identified in the Application or Site or Widget. By providing one or more Source Accounts and related information through the Otomo Services (your "Identifying Information”), you acknowledge and agree to the following:
      1. Your Identifying Information is complete, accurate, and relates to a Source Account which (a) you control and with respect to which you have the right to authorize deposits and withdrawals of funds, (b) is a primary checking account permitting deposit and withdrawal without the imposition of additional fees (savings account and similar vehicles are ineligible for use with the Services), and (c) contains funds sufficient to enable any withdrawals therefrom as authorized in your use of the Services. The Sponsor Financial Institution reserves the right to request additional Identifying Information as required by their policies or by law for purposes of facilitating your use of the Services and related transfers. In addition to all other remedies available to Otomo or Sponsor Financial Institution, your failure to provide complete and accurate Identifying Information and/or reference to your Source Account(s) with the characteristics set forth herein may result in the imposition of additional fines or fees in accordance with the policies and procedures of Otomo or Sponsor Financial Institution.
      2. By using the Otomo Services to enter a schedule for automated funds transfers, you authorize the transfer of funds via ACH from a specified Source Account to the Otomo Account on a recurring basis in the amounts and on the timing so specified. If you agree to link a bank or credit union account to Otomo, the bank or credit union must be a state or federally chartered institution in the United States. When you initiate a transfer of funds or series or transfers (an “Otomo Plan”) that is funded by your bank or credit union account, you are authorizing Otomo to initiate an electronic transfer from your linked bank or credit union account in the amount you specify on your behalf. You are solely responsible for complying with any terms set by your bank or credit union with respect to your bank or credit union account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a reversal, refund, or other adjustment associated with a transfer you made using the Otomo Services, you also authorize Otomo to credit your linked bank or credit union account to complete that transaction.
      3. The Otomo Account will be held at the Sponsor Financial Institution for your benefit. The Sponsor Financial Institution is arranged by our Financial Service Providers and may change from time to time. As of July 25, 2022, the Sponsor Financial Institution may either be Veridian Credit Union or Evolve Bank and Trust.
      4. You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf in the Otomo Account, and you hereby irrevocably assign and transfer to Otomo any right or interest that you may have therein. However, you remain the beneficial owner of the principal amount of the funds held on your behalf in the Otomo Account.
      5. Otomo allows each of its Client Licensees to choose which of multiple US financial institution partners will serve as the Sponsor Financial Institution for its instance of the Services. FUNDS HELD ON YOUR BEHALF IN SUCH ACCOUNTS MAY NOT BE ELIGIBLE FOR SHARE INSURANCE OFFERED BY THE NATIONAL CREDIT UNION SHARE INSURANCE FUND AND ARE NOT ELIGIBLE FOR INSURANCE SPONSORED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION. IN THE EVENT OF A FINANCIAL INSTITUTION PARTNER RECEIVERSHIP, YOU MAY LOSE VALUE.

        In cases where share or deposit insurance coverage are provided on Otomo Accounts, as applicable, subject to all limitations otherwise applicable thereto, you acknowledge that the failure to provide adequate Identifying Information may affect the availability of insurance coverage.
      6. You may request a withdrawal from your Otomo Account to one of your Source Accounts by submitting a withdrawal request through the Application. You represent and warrant that at least one of your Source Accounts remains active and under your control with the Identifying Information originally given, and that such Identifying Information remains accurate and complete. In the event you have a single Source Account linked to Otomo that you plan to close, you agree to request that all funds be withdrawn from the Otomo Account prior to closure of the Source Account. All funds not so withdrawn prior to closure of the Source Account may require significant additional Identifying Information as well as corroborating evidence of the closure of the Source Account. Failure to provide such additional Identifying Information may result in the forfeiture of your Otomo Account funds.

        In the event you lose access to a Source Account due to the fraudulent actions of a third party while funds remain in the Otomo Account, you agree to notify Otomo immediately. Upon receipt of such notice, Otomo will use commercially reasonable efforts to facilitate the withdrawal of your funds from the Otomo Account to another permissible bank account identified by you. You acknowledge and agree that in such an event, Otomo may require significant additional Identifying Information as well as corroborating evidence of the closure of the Source Account due to third party fraudulent activity. Failure to provide such additional Identifying Information may result in the forfeiture of your Otomo Account funds. Otomo may reject your withdrawal request if it believes in its sole discretion it is required by law to do so.
      7. For purposes of these Terms, the transfer of funds via ACH will occur on business days, Monday through Friday, excluding federal banking holidays.
    7. Your authorization for ACH debits and credits. By agreeing to these Terms, you authorize Otomo or its Financial Service Providers to initiate electronic debits and credits to and from your Source Account by ACH as directed by you, in amounts instructed by you, in one or more separate transactions per Business Day up to an aggregate of $10,000 per day. You further authorize Otomo or its Financial Service Providers to (i) debit Otomo's Fees (as defined below), and (ii) make such debits and credits as are necessary to correct erroneous transfers (not more often than once per month), in each case also via ACH. You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Otomo that you wish to revoke this authorization by emailing service@otomoapp.com or using the customer support resources from within the Services. You must notify Otomo at least three Business Days before the scheduled debit date of any ACH transaction from your Source Account in order for us to cancel this authorization. If we do not receive notice at least three Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, regardless of when you request the cancellation of a transaction, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Otomo Account and return the balance in your Otomo Account to one of your Source Accounts as set forth in these Terms, and you will no longer be able to use your Otomo Account or the Services, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.

      In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128 bit security encryption with cookies enabled; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law. In no event will you use the Otomo or ACH information of another, nor will you allow your Otomo or ACH information to be used by another within the Application or as part of the Services. For purposes of these Terms, "Business Day" means Monday through Friday, excluding federal banking holidays.
    8. Automated Clearing House clearing times. If you link a Source Account, you may add funds to your Otomo Account or withdraw money from your Otomo Account. If you do so, you acknowledge that normal Automated Clearing House clearing times will apply. This means that the funds should generally take 4 days for the transfer to fully process.
    9. Your liability. You are responsible for all reversals, claims, fees, fines, penalties, and other liability incurred by Otomo, our Financial Service Providers, any Financial Institution Partners, or other Otomo users arising from or in connection with your breach of these Terms or your use of the Otomo Services. You agree to reimburse Otomo, our Financial Service Providers, the Financial Institution Partners, other Otomo users, or third-parties for any and all such liability.
    10. Actions we may take. If we determine, in our sole discretion, that you may have breached these Terms, that you or your account activity presents risk or security concerns, or if we are unable to verify your identity, we may take actions to protect Otomo and our users from reversals, claims, fines, penalties, and any other liability. These actions may include, but are not limited to, the following:
      1. Suspending your access to your Account and/or the Otomo Services;
      2. Suspending your access to your funds held in a Holding Account for up to 90 days;
      3. Taking action as set out in Section 6 (transaction reversal) to recover amounts that you owe;
      4. Closing your account;
      5. Contacting your financial institution, and/or warning law enforcement or other impacted third-parties of your actions;
      6. Refusing to provide the Otomo Services to you in the future; and
      7. Taking legal action against you.
    11. Notice of limit or suspension. We will provide you with notice if we take any of the above actions against your account. If we limit or suspend your account, we will provide you with notice of our action.
    12. Notify Otomo of Account Errors. Contact Otomo immediately at security@otomoapp.com if you think:
      1. your Account has been accessed without your authorization,
      2. a transaction that you did not authorize has occurred,
      3. a transaction has been processed incorrectly to or from your Account, or
      4. your Account statement contains an error regarding your transaction history (each, an “Error”).
      If you give someone access to your account and that person conducts transactions without your authorization, these transactions are not considered Errors, unless you are the victim of a phishing attack or similar exploit. We must hear from you within 60 days after we provided the account statement on which the suspected Error first appeared.
    13. How to notify Otomo. When you notify us of a suspected Error, please provide:
      1. Your name and email,
      2. the nature of the suspected Error and why you believe it is an Error, and
      3. the dollar amount of the suspected Error.
    14. Segmented offers; Right to test. Not all users will receive all offers. Offer availability will fluctuate based on a variety of factors such as geographical location, transactional history with a particular merchant, transactional trends identified by Company, and Account tenure (“Best Match”). Offer appearance and offer amount may also vary depending on your transactional history with a particular merchant, transactional trends, and Account tenure. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular users’ experiences. Search results and order may appear different on the Company’s mobile application than they appear on its website. To optimize the experience for both merchants and users, the Company retains the right to run occasional tests that will be limited in duration but may alter how we display offers.
    15. Otomo points and rewards program. The purpose of the Otomo points and rewards program is to help you save money with minimal effort by rewarding you with Otomo Points for certain qualifying purchases and other activities.
      1. Otomo Points inherently possess no monetary value and become eligible for a “Redemption Value” only at the point of redemption, strictly adhering to the guidelines and conditions outlined in these Terms. The Redemption Value, represented as an equivalent in U.S. Dollars (USD), may vary and will be clearly communicated during the redemption process and in relevant communications. All Otomo Points and rewards reflected in your Otomo Account or any platform communications are presented in this Redemption Value merely for illustrative purposes, intending to showcase the potential USD value upon eligible redemption. Receiving rewards means you receive Otomo Points, which are: (i) exclusively issued by the Company without backing, funding, or sponsorship from third parties, including Financial Service Providers or our partners; (ii) not holding cash or other monetary value and not a substitute for real currency; and (iii) redeemable or exchangeable for real currency or other monetary value only from the Company, as explicitly detailed in these Terms or as mandated by applicable law. By utilizing the Services, you consent not to seek redemption or claims of Otomo Points from any third parties, including Financial Service Providers, or our partners.
      2. You further acknowledge and agree that: (i) the Company, in its sole discretion, may impose limits, terms, and conditions on Otomo Points, including, but not limited to, limits on the amount of Otomo Points that may be received and redeemed, and may adjust the Otomo Points balance in your Account; (ii) the Company and the Financial Service Providers are not financial institutions and do not provide banking or payment processing services; (iii) no consideration or other value is or has been given in exchange for Otomo Points; (iv) if applicable the Company is not a party to your payment card transactions; and (v) if applicable the Company is not responsible, and has no liability for, any products or services that are paid for with your payment cards. For use cases that involve payment cards, you must resolve all disputes related to any products or services that are paid for with your payment card directly with the applicable merchant and/or the financial institution that issued your payment card.
      3. In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity. In order to redeem Otomo Points through the Services, you must provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and, Prepaid Card information and, if applicable, your payment card.
      4. Receiving Otomo Points. Subject to these Terms, we will automatically provide Otomo Points to you when you perform qualifying actions identified by us. Otomo, in its sole discretion, establishes the terms and conditions for each qualifying purchase or action and determines whether you have satisfied such terms and conditions to receive Otomo Points. Such terms and conditions are set forth on the Site and the Application and may be updated, modified, suspended, or canceled by the Company at any time in its sole discretion. All offers made available to you through the Application are temporary and may become unavailable without notice. You may also have a limited, prescribed window of time to take advantage of an offer. Always check the Application for offers currently available to you.
    16. Use of enrolled cards and transaction information. By registering a Payment Card in connection with transaction monitoring, and in order to enable us to provide the Services, you authorize us to share your payment information with third-party service providers; any Payment Card Networks (e.g., Visa, Mastercard, American Express, Accel, AFFN, CU24, Jeanie, NYCE, PULSE, SHAZAM, STAR) with which your Payment Card is affiliated; and banks, financial intermediaries, and providers of payment processing services (together the "Card-Related Parties") . In particular, you authorize the Card-Related Parties to monitor transactions on your linked Payment Card(s) to identify which of your purchases qualify for Rewards in order to determine whether you have qualified for or earned an offer linked to your Payment Card, and for the Card-Related Parties to share such transaction information with us to enable your card-linked offer(s) and present offers to you. You acknowledge that Payment Card Networks may be unable to monitor every transaction made with your enrolled Payment Card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Payment Card as a funding source but you do not present your card directly with a merchant), payments of existing balances, balance transfers, or transactions that are not submitted through a Payment Card Network's U.S.A. payment system, and that these transactions are not eligible. You agree that the Company and the Card-Related Parties may view transactions made by you with participating merchants in order to determine which of your transactions qualify for Rewards and to enable us to present offers that may be of interest to you. You authorize participating merchants to provide the Company with historical transaction data such merchants may have to determine offer eligibility.
    17. Taxes.
      1. All Prepaid Card amounts redeemed hereunder are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these Terms.
      2. Depending on applicable tax laws, your receipt of Rewards may be subject to reporting to certain tax authorities. In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from redeeming Otomo Points from your Account until we receive the required information.
  17. Using Otomo.
    1. Authentication. You may be required to provide additional information or documentation to allow Otomo to verify your identity and/or your Source Account information. Otomo may also verify your identity information against third-party databases or other sources to confirm your identity and you authorize Otomo to make such inquiries.
    2. Password security. You are responsible for keeping your account login information and password secure. If you share your account credentials with another person, you are responsible for all activity that person conducts using your account, regardless of whether or not you authorized the activity. No Otomo employee will ever ask you for your account login credentials.
    3. Timeliness and accuracy of automated financial transfer plans, and accuracy of external data. In order to provide the Otomo Services, Otomo may retrieve your personal information and financial data corresponding to one or more of your Source Accounts such as bank balance and transaction history (your “Account Information”). We may retrieve this data directly or indirectly from or through our Financial Service Providers and/or, in some cases, directly or indirectly from or through our Client Licensees, if they are a US financial institution providing you with access to the Otomo Services. In either case, Otomo makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality, or non-infringement.

      You agree by your use of the Otomo Services, that the automatic transfers you schedule, which rely on the accuracy of data provided by third-parties, may not function as planned if the Account Information requested from the third-parties is inaccurate or unavailable.

      Otomo cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. Otomo cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. Moreover if, for example, you set up an automated Otomo Plan using the Services to move funds in a recurring and/or dynamic way based on conditions reported by a third-party such as an external bank account balance, a smaller or larger than expected transaction amount may be processed if your Account Information is inaccurately reported to Otomo. You agree that you understand this risk and proceed with the use of the Otomo Services at your own risk. When Account Information is displayed through the Otomo Platform, it 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.
    4. Receiving Otomo Points.
      1. Subject to these Terms, we will automatically provide Otomo Points to you when you perform qualifying actions identified by us. Otomo, in its sole discretion, establishes the terms and conditions for each qualifying purchase or action and determines whether you have satisfied such terms and conditions to receive Otomo Points. Such terms and conditions are set forth on the Site and the Application and may be updated, modified, suspended, or canceled by the Company at any time in its sole discretion. All offers made available to you through the Application are temporary and may become unavailable without notice. You may also have a limited, prescribed window of time to take advantage of an offer. Always check the Application for offers currently available to you.
      2. When applicable, all qualifying purchases made with your payment card may be eligible for Otomo Points if we are unable to obtain certain transaction information from the Payment Card Network associated with your Payment Card. For example, we may be unable to obtain certain transaction information from the Payment Card Network (and you may therefore be unable to receive Otomo Points) for the following transactions made with your Payment Card: (i) purchases that require you to enter your Personal Identification Number (“PIN”) for your Payment Card, (ii) purchases you initiate through identification technology that substitutes for a PIN, (iii) payments made through other payment methods (such as a digital wallet or a third-party payment application, where you may choose your Payment Card as a funding source but you do not present your Payment Card directly to the merchant), (iv) payments of existing balances, balance transfers, or (v) transactions that are not processed or submitted through the Payment Card Network. Do not use a PIN when paying for a qualifying purchase with your Payment Card if you want the purchase to be eligible for Otomo Points. Without limiting any of the other terms of these Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received Otomo Points, we will reduce the balance of Otomo Points in your Account by the amount of Otomo Points you received for such transaction. If the balance of Otomo Points in your Account is less than the amount of Otomo Points you received for such transaction, we will offset the applicable amount of Otomo Points from Otomo Points you would otherwise receive for future qualifying actions.Otomo Points that you receive as a result of a qualifying physical purchase at a participating merchant will generally be reflected in your Account within 1-7 Business Days after the date of purchase. Otomo Points that you receive as a result of a qualifying online purchase at a participating merchant will be reflected in your Account after the return period for the purchase has expired and generally within 60-90 Business Days after the online purchase is completed. Otomo Points that you receive for a travel-related purchase will be reflected in your Account between 30-60 Business Days after check out. In some cases, it may take longer for Otomo Points to be reflected in your Account. For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays. If you do not automatically receive Otomo Points for purchasing qualifying goods or services with your Payment Card or for performing other qualifying actions as identified by us, you have thirty (30) days from the date of transaction if made in store or ninety (90) days from the date of transaction if made online to contact us, provide evidence of the purchase and request Otomo Points earned. Any requests for Otomo Points earned after these deadlines will not be honored and the Otomo Points associated with the transaction will be forfeited.
      3. Without limiting any of the other conditions of these Terms, if we award Otomo Points to you in error (e.g., we later determine that you did not comply with the terms and conditions of a qualifying purchase or if you charge back a qualifying purchase), we reserve the right to remove the applicable Otomo Points from your Account. You are responsible for making sure the Otomo Points balance reflected in your Account is correct. If you believe that your Account does not accurately reflect Otomo Points that you are eligible to receive, please contact us.
      4. Otomo Points will remain in your Account until we approve redemption of Otomo Points as described below.
    5. Redeeming Otomo Points.
      1. Subject to these Terms and our approval, you may request that we redeem Otomo Points from your Otomo Account. The exact value of Otomo Points in USD (“Reward Redemption”) will be determined and communicated by the Client Licensee, and may vary. Prior to redeeming Otomo Points, (i) you must verify an email address associated with your Otomo Account, (ii) Otomo Points may only be redeemed from your Otomo Account through a link provided from within the Application or in relevant communications, (iii) the balance of Otomo Points in your Otomo Account must be equivalent to a minimum Reward Redemption amount as specified by the Client Licensee, and (iv) you must have completed an offer-qualifying transaction with a participating merchant. We will generally redeem Otomo Points from your Otomo Account and credit the corresponding Reward Redemption amount to a gift card (“Prepaid Card”) made available by us within 1-5 Business Day(s) of when we receive your redemption request.
      2. By electing to redeem Otomo Points from your Account you authorize us to credit the corresponding Reward Redemption amount into Prepaid Card credit on your behalf. Client Licensees of Otomo have the discretion to establish a threshold, triggering an automatic redemption of your Otomo Points for Prepaid Card credit, attempting to notify you via email about claim instructions and any expiration date. Note that Otomo and Client Licensees are not liable for non-receipt of notification emails or unclaimed Prepaid Cards, and we regret that we are unable to accommodate claims related to these matters. Your authorization persists until your Otomo Account termination or until you revoke it by contacting us. Otomo reserves the right to suspend, cancel, or cease issuing Prepaid Cards in compliance with applicable laws and practices.
      3. You are solely responsible for verifying the accuracy and completeness of any credits of the Reward Redemption amount to your Prepaid Card performed by us hereunder. You must notify us of any errors within 15 days of such information being made available to you. If you do not notify us of any such errors within such 15 days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.
      4. For example, unless otherwise permitted by us, you may only redeem Otomo Points for the equivalent of up to a Prepaid Card amount of $500 USD in any day. Without limiting any of the other conditions of these Terms, we may establish additional limits on your redemption of Otomo Points and otherwise modify the redemption terms for Otomo Points at any time in our sole discretion.
  18. Otomo Account data sharing. In order to open, maintain, and manage your Otomo Account, you must provide true and accurate information as required, including, without limitation, the information described in Sections 16(f) (Fund Transfers Relationship with the Sponsor Financial Institution). You consent to Otomo sharing your data with our Financial Service Partners and agree to the use and store of the data for the purposes of providing and improving the Services.

  19. Fees. If a transfer you initiate is subject to a transaction reversal, you may be charged a fee of $15.00 (“Reversal Fee”).

  20. Support and Contact Information.
    1. Support. We will provide you with our then-current customer support, and we will make support accessible to you from within the Services. If you require assistance canceling a transaction or using the Services, you are welcome to contact us directly at service@otomoapp.com.
    2. Contact Us. If you have any questions about these Terms or the Services, please contact Otomo at service@otomoapp.com, (865) 272-9759, and 1600 Bryant St #411447 San Francisco, CA 94141.