Terms of Service

By creating an account or using Koala ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent that you are at least 18 years of age.

• You are responsible for maintaining the security of your account and password
• You must provide accurate and complete information when creating your account
• You may not use the Service for any illegal or unauthorized purpose
• You are responsible for all activity that occurs under your account
• We reserve the right to suspend or terminate accounts that violate these Terms
• You must notify us immediately of any unauthorized use of your account

You agree NOT to:

• Use the Service for any illegal activities or in violation of any laws
• Provide false, misleading, or fraudulent information
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or attempt to extract the source code
• Use automated systems (bots, scrapers) to access the Service without permission
• Transmit viruses, malware, or other harmful code

By connecting your financial accounts through Plaid, you authorize Koala to access your financial data as described in our Privacy Policy.

• We rely on Plaid and your financial institutions for data accuracy
• We are not responsible for errors or delays from third-party services
• Financial data is provided for informational purposes only
• We are not a financial advisor and do not provide financial advice
• You should consult qualified professionals for financial decisions

If you subscribe to paid features:

• Subscription fees are billed in advance on a recurring basis
• You authorize us to charge your payment method for subscription fees
• Subscriptions automatically renew unless cancelled before the renewal date
• Refunds are handled on a case-by-case basis at our discretion
• We may change pricing with 30 days notice to existing subscribers
• Failure to pay may result in suspension or termination of your account

The Service, including its original content, features, and functionality, is owned by Koala and is protected by international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use, subject to these Terms.

You retain ownership of any data you provide to the Service. By using the Service, you grant us a license to use this data solely to provide and improve the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

• We do not warrant that the Service will be uninterrupted, secure, or error-free
• We do not guarantee the accuracy, completeness, or timeliness of any information
• We are not responsible for any financial decisions made based on Service data
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOALA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or business opportunities
• Financial losses resulting from use of or inability to use the Service
• Unauthorized access to or alteration of your data
• Any third-party conduct or content

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date.

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the Service.

We may terminate or suspend your account immediately, without prior notice, for any reason, including breach of these Terms.

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

Sections that by their nature should survive termination shall survive, including ownership, disclaimers, limitations of liability, and dispute resolution provisions.

Binding Arbitration

You and Koala agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if they qualify.

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Class Action Waiver

YOU AND KOALA AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Opt-Out Right

You may opt out of this arbitration provision by sending written notice to support@trykoala.ai within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you and Koala agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

You agree to indemnify, defend, and hold harmless Koala, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or data you provide to the Service

In the event of a data breach that compromises your personal information, we will:

• Notify affected users via email within 72 hours of becoming aware of the breach
• Provide details about the nature of the breach and the types of data affected
• Describe the measures taken to address and mitigate the breach
• Provide guidance on steps you can take to protect yourself
• Notify relevant regulatory authorities as required by applicable law

We maintain security incident response procedures and regularly review our security practices to minimize the risk and impact of potential breaches.

If you have questions about these Terms of Service, please contact us at:

support@trykoala.ai