Terms of Use

Acceptance and eligibility

This Mobile Application Download and Terms of Use Agreement ("Agreement" or "Terms") is a binding legal agreement between Aurum Technologies Inc., a corporation incorporated under the laws of the Province of Ontario ("Company", "we", "us" or "our"), and you ("User") governing your access to and use of our mobile application ("Application") and any related content, features and services (the "Service").

By creating an account, downloading, installing or using the Application, you confirm that: (a) you are at least the age of majority in your province, state or territory of residence; (b) you have the legal capacity to enter into this Agreement; and (c) if you are accessing the Service on behalf of another person or entity, you have authority to bind them. If you do not agree, you must not download, install or use the Application. You may not use the Service if prohibited by applicable law, including by sanctions, export control or anti-money-laundering laws.

Definitions

Financial Account Data — information about your accounts held with banks, credit unions, brokerage firms, credit card issuers, payment platforms and other financial institutions, including account balances, transaction history and account numbers.

Data Aggregation Provider — a third-party the Company engages to access and process Financial Account Data on your behalf, including Plaid Inc. and Plaid Financial Ltd., and any successor or additional provider.

Linked Account — a financial account you connect to the Service through a Data Aggregation Provider.

Third-Party Data Providers — financial institutions, payment networks, credit bureaus, market-data vendors, government data sources, Data Aggregation Providers and other third parties from which Information or Financial Account Data is sourced.

Partner Offers — offers, products and services advertised, listed, compared or made available through the Service that are provided by third parties.

User Content — any content, data, text, reviews, ratings, comments or other material you submit through the Service, other than Financial Account Data.

Licence to use the Application

Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Application on a mobile device you own or control, solely for your personal, non-commercial use.

You must not: copy, modify, adapt, translate or create derivative works of the Application; reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, algorithms, or underlying ideas of the Application, except to the extent expressly permitted by applicable law; rent, lease, lend, sell, sublicence, distribute or otherwise transfer the Application; remove or alter any proprietary notices; use the Application to develop a competing product or service or to benchmark the Application without prior written consent; circumvent any security, authentication, rate-limiting or access-control mechanism; use bots, scrapers or other automated means to access the Service; or use the Service for any unlawful, fraudulent, deceptive or abusive purpose. The Application is licensed, not sold.

App Store provisions

Apple App Store: These Terms are between you and the Company only. Apple has no obligation to provide maintenance or support for the Application. The Company, not Apple, is responsible for addressing claims relating to the Application, including product liability claims, claims that the Application fails to conform to legal or regulatory requirements, and claims arising under consumer protection legislation. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your licence to use the Application.

Google Play Store: Google LLC is not a party to these Terms and is not responsible for the Application or its content. Your use must comply with the Google Play Terms of Service in effect from time to time.

Account registration and security

You must provide accurate, current and complete information when registering and update it promptly when it changes. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify the Company immediately of any unauthorised access or suspected security incident. The Company may suspend or terminate your account for suspected fraud, abuse, security risk or violation of these Terms.

Informational purposes only — no financial advice

The Company is not a registered investment adviser, dealer, exempt-market dealer, portfolio manager, investment-fund manager, broker, financial planner, accountant, tax adviser, lawyer or fiduciary. The Information does not constitute, and must not be construed as: financial planning advice; investment advice, a recommendation or a solicitation to buy, sell, hold or transact in any security, derivative, cryptocurrency, currency or other financial instrument; accounting, bookkeeping, audit or assurance services; tax advice or tax-preparation services; legal advice; or insurance, retirement, estate-planning or actuarial advice.

You must independently verify the accuracy, completeness, timeliness and suitability of all Information before acting on it and consult with qualified, licensed professionals — including a financial planner, investment adviser, accountant, tax adviser or lawyer — before making any financial, investment, tax, legal or other decision. Nothing in the Service creates a fiduciary, advisory, agency, brokerage or other professional relationship between you and the Company.

Financial data aggregation — Plaid and other providers

By connecting a Linked Account, you authorise the Company and the applicable Data Aggregation Provider to access, retrieve, store, transmit and use Financial Account Data on your behalf for the purpose of providing and improving the Service. You also authorise each financial institution to disclose your Financial Account Data to the Data Aggregation Provider and the Company. You confirm that you are the lawful holder, or an authorised user, of each Linked Account.

Your use of Plaid is governed by Plaid's End User Privacy Policy and end-user services agreement, as in effect from time to time and available at plaid.com/legal. You may view or manage your Plaid connections, or request deletion of your data from Plaid's systems, at my.plaid.com, or by contacting Plaid directly at privacy@plaid.com. You may disconnect a Linked Account at any time through the Application's settings; doing so revokes the Company's access to that Financial Account Data, stops further retrieval, and triggers deletion of the associated Plaid connection, but does not affect data previously obtained. The Company does not guarantee the availability, accuracy or timeliness of Financial Account Data. The Company does not move funds on your behalf unless that capability is expressly enabled within the Service and you have separately authorised the transaction.

Information sources and accuracy

Information displayed in the Service is sourced from Third-Party Data Providers. The Company does not originate, audit or independently verify the underlying data and has no obligation to monitor or update it. Information may be subject to delays, interruptions or errors in transmission; inaccurate or out-of-date data at the source; differences in calculation methodology; and changes to data feeds by the Third-Party Data Provider. Treat the Information as a starting point and confirm material details directly with the relevant financial institution, professional adviser or other authoritative source before relying on it.

No lender, broker, adviser or credit reporting agency

The Company is not a bank, trust company, credit union, lender, broker, mortgage broker, insurer, money services business, securities dealer, investment adviser, portfolio manager, investment-fund manager or consumer reporting agency. The Service does not extend credit, originate loans, accept deposits, issue payment instruments, settle transactions, sell securities or render any regulated financial service. Any score, rating, projection, comparison or analysis displayed in the Service is a tool for general information and education only, is not a credit decision, and may differ from scores or analyses used by lenders, insurers or other regulated entities.

Partner offers, advertising and compensation disclosure

The Service may display Partner Offers from third parties. The Company may receive compensation — including referral fees, advertising fees, lead-generation fees or commercial incentives — in connection with a User's engagement with a Partner Offer or with a third party advertised in the Service. The order, prominence and inclusion of Partner Offers may be influenced by these commercial arrangements. The Company's presentation of any Partner Offer is not an endorsement, recommendation or warranty of that Partner Offer or its provider. Partner Offers are subject to the terms of the third party providing them. The Company is not responsible for the underwriting, approval, pricing, performance or servicing of any Partner Offer.

Acceptable use

You must not, and must not attempt to: use the Service in violation of any applicable law, regulation or third-party right; upload or transmit User Content that is unlawful, infringing, defamatory, obscene, harassing, deceptive, discriminatory or otherwise objectionable; post fake, paid or incentivised reviews, ratings or community content; introduce any virus, worm, malware or other harmful code into the Service; interfere with or disrupt the operation, security or integrity of the Service; access the Service through any interface other than those provided by the Company; impersonate any person or misrepresent your affiliation with any person or entity; or use the Service to compile, scrape, harvest or extract data for marketing, training of machine learning models, resale or any other purpose not expressly authorised by the Company in writing.

User content, reviews and community

You retain ownership of your User Content. You grant the Company a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid-up, sublicensable and transferable licence to host, store, reproduce, modify, create derivative works of, translate, publish, distribute, transmit, publicly display and otherwise use User Content in any media for the purpose of operating, providing, promoting and improving the Service. You represent and warrant that you own or have all necessary rights to grant this licence and that your User Content does not infringe any third-party right and is accurate and not misleading. If you provide Feedback regarding the Service, you assign to the Company all right, title and interest in and to that Feedback.

Copyright complaints and DMCA notice

If you believe that material made available through the Service infringes your copyright, submit a written notice including: a signature of the person authorised to act on behalf of the copyright owner; identification of the copyrighted work; identification of the infringing material; your contact information; a statement of good-faith belief that the use is not authorised; and a statement of accuracy under penalty of perjury where applicable. Send notices to the address in Section 23 (Contact).

Updates and modifications

The Company may release updates, upgrades, patches, bug fixes and new versions of the Application. You agree to install Updates promptly. The Company may require an Update as a condition of continued access. The Company may add, modify, suspend or discontinue any feature at any time, with or without notice. The Company will use commercially reasonable efforts to give advance notice of material changes that adversely affect paying users.

Intellectual property

As between you and the Company, the Company owns or licences all intellectual property rights in and to the Application, the Service and the Information (other than User Content). All trade-marks, service marks, trade names and logos used in the Service — including "Aurum", "Aurum Technologies" and any associated word marks and design marks — are the property of the Company or their respective owners. You are not granted any right to use any such trade-mark without prior written consent.

Disclaimers

THE SERVICE, THE APPLICATION AND THE INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, SECURITY AND ABSENCE OF VIRUSES OR HARMFUL CODE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE INFORMATION OR FINANCIAL ACCOUNT DATA WILL BE ACCURATE, COMPLETE, TIMELY OR FREE FROM ERRORS, OMISSIONS OR DELAYS. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION YOU MAKE BASED ON THE INFORMATION OR FINANCIAL ACCOUNT DATA.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any warranty cannot be excluded, it is limited to the minimum extent permitted by law.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL THE COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, SAVINGS, INVESTMENT RETURNS, USE, DATA OR FINANCIAL ACCOUNT DATA, WHETHER OR NOT FORESEEABLE; AND (B) THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (II) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Nothing in this Agreement excludes or limits liability that cannot be excluded under applicable law, including liability for gross negligence, wilful misconduct or fraudulent misrepresentation.

Indemnification by user

You will defend, indemnify and hold harmless the Company and its directors, officers, employees, contractors, agents, licensors and service providers from and against any claim, loss, liability, damage, fine, penalty, cost and expense (including reasonable legal fees) arising out of or relating to: (a) your use of the Service or the Application; (b) your breach of these Terms; (c) your violation of applicable law or any third-party right; (d) your User Content; (e) your acts or omissions in respect of any Linked Account, Financial Account Data or Partner Offer; or (f) any tax liability arising from your use of the Service.

Termination

These Terms remain in effect for as long as you use the Service. You may terminate at any time by uninstalling the Application and deleting your account. The Company may suspend or terminate your access at any time, with or without notice, including if the Company believes you have breached these Terms or applicable law, or if the Company decides to discontinue the Service. On termination, your licence to use the Application ends immediately.

Governing law and jurisdiction

This Agreement is governed by and must be interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles. Subject to Section 21, each party irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario. If you are a consumer, nothing here deprives you of the protection of mandatory consumer-protection laws of your country of habitual residence.

Dispute resolution for United States users

If you are a resident of the United States, any dispute, claim or controversy arising out of or relating to the Service, the Application or these Terms must be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, before a single arbitrator, in New Castle County, Delaware, or such other location as the parties agree. Judgment on the award may be entered in any court of competent jurisdiction. Each party irrevocably waives the right to participate in any class, collective, consolidated or representative proceeding.

You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms by sending written notice to the address in Section 23. Opt-out does not affect any other provision of these Terms.

General

Entire Agreement. These Terms, together with the Privacy Policy and any schedules, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreement or understanding.

Amendment. The Company may amend these Terms from time to time. Material amendments will be communicated through the Application or by notice to your registered email address. Continued use after the effective date of an amendment constitutes acceptance. If you do not agree to an amendment, your sole remedy is to stop using the Service and uninstall the Application.

Assignment. You may not assign or transfer this Agreement without the Company's prior written consent. The Company may assign this Agreement at any time, including in connection with a merger, acquisition, financing or sale of assets.

Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

Force Majeure. The Company is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, internet outages, telecommunications failures, governmental orders, labour disputes and pandemics.

Language. The parties have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais.

Contact

Additional terms for international users

If you are a consumer located outside Canada and the United States, the mandatory consumer-protection rights granted by the law of your country of residence are not excluded or modified by these Terms. In the EEA, UK or Switzerland, nothing in these Terms excludes or limits the Company's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law. Where the Service is provided to you as a consumer, you may have the right to bring proceedings in the courts of your country of residence. If you are in India, our processing of your personal data is additionally governed by the Digital Personal Data Protection Act, 2023, including your right to withdraw consent and your right to grievance redressal.