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Terms of Service

Last revised:

October 15, 2019

These Terms of Service (these “Terms”) apply to the cushion.ai website and our related social media sites, including our Facebook Messenger bot (collectively, the “Site”) operated by Cushion AI, Inc. (“Us”, “We” or “Our”) and the services available through the Site (the “Service”).

1. Agreement to Terms.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms, including our “Privacy Policy” (Our “Privacy Policy”), located at https://cushion.ai/privacy.

Your access to and use of the Service are subject to all terms of use contained herein and all applicable laws and regulations. If you disagree with any part of these Terms or the Privacy Policy, then you do not have permission to access and should not use Our Service.

2. PRIVACY POLICY

Your Account information, including information related to your Institutions, is retained subject to Our Privacy Policy, located at https://cushion.ai/privacy and the privacy policies of our data storage vendors, links to which are provided in our Privacy Policy. By using the Service, you agree to the terms of Our Privacy Policy.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CUSHION AI, INC. THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18.6 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

3. CHANGES TO TERMS OF SERVICES

We may update the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Service. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then, except as otherwise provided in Section 18.6 “Effect of Changes on Arbitration,” you may not use the Service anymore. Because the Service is evolving over time, We may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

4. ELIGBILITY.

The Service is available to users who are at least 18 years of age. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.

5. ACCOUNTS.

In order for you to use the Service, you must create an account by registering on the Site (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

In addition, you will need to link your Account with your accounts at third party financial institutions (e.g., banks and credit card companies) (“Financial Institution Accounts”) so we can access the transaction history of your Financial Institution Accounts (“Transaction History”), and as necessary to identify money saving opportunities as described below. You must provide Us access to your Financial Institution Accounts.

CUSHION.AI IS NOT AFFILIATED WITH THE THIRD PARTY FINANCIAL INSTITUTIONS WITH WHICH WE MAY COMMUNICATE. WE DO NOT GUARANTEE THAT OUR SERVICES WILL INTEGRATE WITH EVERY FINANCIAL INSTITUTION. WE WILL ATTEMPT TO NOTIFY YOU AS SOON AS POSSIBLE IF WE ARE UNABLE TO INTEGRATE WITH A FINANCIAL INSTITUTION ACCOUNT.

6. THIRD PARTY PROVIDERS

In order to use the payment functionality of Our application, you must open a “Dwolla Platform” account provided by Dwolla,Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. You authorize Us to collect and share with Dwolla your personal information including full name, 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 application, and Dwolla account notifications will be sent by Us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at https://intercom.help/cushion-ai/en, support@cushion.ai and/or (415) 741 1667.

7. SERVICE.

7.1 Fee Fighter.
The Service allows you to share with Us transactions involving your Financial Institution Accounts, in order for Us to identify money-saving opportunities for you (each an “Opportunity”). If We identify an Opportunity, you agree to use the Service to attempt to: (a) obtain a refund,(b) negotiate a better deal, (c) other services as may be provided from time to time and disclosed to you.
7.2 Authorizarion.
By using the Service, you agree to contest fees, request discounts, and perform other actions with the Institutions you have specified by using the Service. To the extent necessary, you hereby appoint Us as your attorney-in-fact with full authority to act on your behalf in connection with communications with your Institutions in order to provide the Service.
7.3 Notification and Non-Interference.
By using the Service, you agree to contest fees, request discounts, and perform other actions with the Institutions you have specified by using the Service. To the extent necessary, you hereby appoint Us as your attorney-in-fact with full authority to act on your behalf in connection with communications with your Institutions in order to provide the Service.

10. RIGHTS AND TERMS FOR APPS

Rights in App Granted by Us. Subject to your compliance with these Terms, we grant to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Us reserves all rights in and to the App not expressly granted to you under these Terms.

Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

These Terms are concluded between you and Us, and not with the App Provider, and We (not the App Provider), are solely responsible for the App.

The App Provider 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 the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or

  • Use, display, mirror or frame the Service or any individual element within the Service, Our name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;
  • Access, tamper with, or use non-public areas of the Service, Our computer systems, or the technical delivery systems of Our providers;
  • Attempt to probe, scan or test the vulnerability of any Our system or network or breach any security or authentication measures;

11. LINKS TO THIRD PARTY WEBSITES OR RESOURCES.

The Service (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.


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