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Consumer Services Agreement

We appreciate your patronage of AcuFi Consumer Reporting Agency dba AcuFi CRA (“AcuFi CRA”).  The AcuFi CRA is a consumer reporting agency that offers a platform (“Platform”) that enables the connection of your bank accounts and other financial accounts (“Financial Accounts”).  We, a consumer reporting agency, acquire data from Financial Accounts that you authorize, generate consumer reports, and distribute them to users to authorize you for purposes such as credit (“Consumer Report Users”).

This Consumer Services Agreement (“Agreement”) is a contract between AcuFi CRA and you, a consumer who is protected by the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. and respective state law.  This Agreement delineates the terms and conditions under which AcuFi CRA may provide consumer reports on you based on data that you have authorized.  It also includes the terms and conditions that are applicable in the event that you create, access, manage, or otherwise utilize an AcuFi Account (as defined and described in the AcuFi Account Terms).  This Agreement is accepted by you, and you confirm that you possess all requisite rights to do so.

Please be advised that the products or services offered by AcuFi are not covered by this Agreement, with the exception of the AcuFi Account Terms, which are detailed below.  The AcuFi Account Terms are exclusive to an AcuFi Account, which is a feature that is available on both AcuFi CRA and its affiliate, AcuFi.  Furthermore, the services we offer to Consumer Report Users and app developers are not covered by this Agreement. Those services are covered by our Developer Terms of Use and other terms.

Control and Responsibilities.

You authorize AcuFi CRA, a consumer reporting agency as defined by section 603(f) of the Fair Credit Reporting Act (15 U.S.C. § 1681a(f)), to acquire nonpublic personal information regulated by the Gramm-Leach-Bliley Act and other personal information in order to generate and distribute consumer reports to Consumer Report Users.

 Your representation and warranty are that you are the sole or joint accountholder and that you are the owner of all funds in any Financial Account for which you have provided login credentials.  You acknowledge that you are responsible for adhering to all applicable laws and regulations regarding your use of AcuFi CRA, as well as any posted rules and guidelines.  (1) You are prohibited from (1) using, connecting to, or providing login credentials for the Financial Accounts or related data of others, (2) submitting information to AcuFi CRA regarding the identity or Financial Accounts of others that violates any third-party rights, or (3) using the Platform for any fraudulent, illegal, or misleading purpose.  You also agree not to (a) modify, reverse engineer, or attempt to gain unauthorized access to the Platform or related systems, data, or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of the Platform, (c) rent, lease, provide access to, or sublicense any elements of the Platform to a third party or use the Platform on behalf of or to provide services to third parties, (d) copy, modify, or create derivative works of the Platform or remove any of AcuFi CRA’s proprietary notices, (e) access the Platform for competitive purposes or publish any benchmark or performance information about the Platform, or (f) use the Platform in any manner that could damage, disable, overburden, or impair the functioning of the Platform or interfere with, disrupt, or negatively affect other users.

 Verification of your identity is required in order to exercise your rights under this Agreement.  AcuFi CRA is not obligated to provide any services in the event that we are unable to verify your identity.

How AcuFi CRA Uses Your Data.

Please review our AcuFi CRA Privacy Policy to learn how AcuFi CRA uses your data, including data related to your Financial Accounts (e.g., your Financial Account login information and transactions information). If you have questions, contact us at Reporting@acufi.com.

Receipt of Electronic Notices.

AcuFi CRA may send you notices or communications via the phone number you provide (when applicable), the email associated with the Financial Accounts you connect (when available), or the email provided to us by the Consumer Report User (when applicable).  By electronically engaging with AcuFi CRA and connecting Financial Accounts with AcuFi CRA, you consent to receiving notices and disclosures that AcuFi CRA is obligated to provide you through electronic means. This includes the Gramm-Leach-Bliley Privacy Notice, as well as federal and state summaries of rights under consumer reporting laws.

Rights to the Platform.

It is important to note that AcuFi CRA holds all right, title, and interest (including intellectual property rights) in and to the Platform, as well as our related websites and technology.  We may utilize any feedback, suggestions, or other input you provide regarding the Platform without restriction.

AcuFi Account Terms.

You may be requested to save and administer your Financial Account connections and identity verification data in an account (“AcuFi Account”) when interacting with AcuFi CRA.  The following terms (the “AcuFi Account Terms”) will also apply if you create, access, administer, or otherwise use an AcuFi Account.  The AcuFi Account Terms are accepted by you upon the creation, access, management, or use of an AcuFi Account. You also confirm that you possess all requisite rights to do so.  Please refrain from creating, accessing, managing, or using an AcuFi Account if you do not consent to the AcuFi Account Terms.  In the event that you are no longer in agreement with the AcuFi Account Terms, you have the option to terminate your AcuFi Account.

 By establishing an AcuFi Account, you can expedite your future utilization of AcuFi CRA’s services. This includes the ability to grant AcuFi CRA access to your Financial Accounts, which will allow AcuFi CRA to generate and distribute consumer reports to Consumer Report Users.  Furthermore, when you interact with applications that utilize services provided by AcuFi (“Apps”), an AcuFi Account enables you to expedite the process of onboarding and utilizing these applications. This includes the faster connection of your Financial Account, the sharing of data, the verification of your identity, the transfers and payments you conduct using these applications, and other products and services that involve your financial and identity data in those applications.  It is important to note that an AcuFi Account is not a transaction or asset account for the purposes of the Electronic Fund Transfer Act, does not store funds, and does not provide you with a means to initiate electronic fund transfers or other payments. Rather, it allows you to more easily and quickly use the services of AcuFi CRA and/or onboard onto and use Apps.

If you grant AcuFi CRA access to one or more Financial Accounts or connect one or more Financial Accounts to an App through AcuFi, AcuFi CRA or AcuFi, as appropriate, may request that you provide and verify your phone number, email address, or other contact information. This is necessary to establish your AcuFi Account and to retain each of your connections within your AcuFi Account.  AcuFi may inquire as to whether you wish to save your identity data within your AcuFi Account when you verify your identity with an App through AcuFi.  By creating an AcuFi Account, you: (a) agree to allow AcuFi CRA to retain and utilize your Financial Account connections and identity data in accordance with the AcuFi Account Terms and the AcuFi CRA Privacy Policy; and (b) agree to allow AcuFi to retain and utilize your Financial Account connections and identity data in accordance with the AcuFi Account Terms and the AcuFi End User Privacy Policy.

How Your AcuFi Account Works.

By storing identity data and/or financial account connections in your AcuFi Account, you can more rapidly access AcuFi CRA’s Services, onboard onto Apps, and utilize the products and services of those Apps.  Your AcuFi Account enables AcuFi CRA to identify you and grant access to your Financial Accounts without requiring you to re-enter all of your preserved information when you return to use AcuFi CRA’s Services.  Your AcuFi Account assists AcuFi CRA in recognizing you and completing quicker identity verification and account linking when you return to use your data and connections with Apps. This eliminates the need for you to re-enter all of your saved information for each of those Apps.

 As part of enabling these faster processes for you through your AcuFi Account, AcuFi CRA and AcuFi. may: (a) share with their affiliates, their service provides, Consumer Report Users (in the case of AcuFi CRA), and Apps (in the case of AcuFi) information about whether or not you have an AcuFi Account, and, if you do, certain information from your AcuFi Account in order for us and them to provide services to you, including: (i) the number and types of Financial Account connections in your AcuFi Account, (ii) the types of identity data and documents in your AcuFi Account, and (iii) the services and use cases that Consumer Report Users (in the case of AcuFi CRA) and Apps (in the case of AcuFi ) provide to you that can be supported by the Financial Account connections and identity data in your AcuFi Account; (b) contact you using information that you provide or that is available in your saved identity data or Financial Account connections, including to send security notifications to confirm activity on your AcuFi Account and messages outlining steps for you to complete or troubleshoot the process of using AcuFi CRA’s services or using AcuFi to onboard onto and use Apps; and (c) verify your data to protect against fraud, misrepresentation, unauthorized or suspicious activity, or other malicious behavior – data AcuFi CRA or AcuFi receives from this verification process may be stored in your AcuFi Account for use when you return to share identity data with other Apps.

 For additional details regarding AcuFi CRA’s collection, use, and sharing of personal information about you in connection with your AcuFi Account, please refer to the following: please review the AcuFi CRA Privacy Policy. The AcuFi CRA Privacy Policy, AcuFi End User Privacy Policy, and AcuFi Account Terms do not address the actions of third parties, including Consumer Report Users and the developers of Apps, with respect to your information.  It is recommended that you examine the privacy policies and terms of service of those third parties to gain insight into their practices.

Managing and Deleting Your AcuFi Account.

You have the option to access and manage your AcuFi Account by visiting my.AcuFi.com, contacting AcuFi at reporting@acufi.com, or contacting AcuFi CRA through its Service Center.  Please contact AcuFi if you have any concerns about managing your AcuFi Account or your data rights, or if you would like to delete your AcuFi Account at reporting@acufi.com or contact AcuFi CRA through its Service Center.

AcuFi Account Use and Restrictions.

Your AcuFi Account may be utilized exclusively to expedite your future utilization of AcuFi CRA’s services or to facilitate a more efficient onboarding process for Apps.  By creating or using an AcuFi Account, you expressly agree to the Agreement and that: (a) all data you provide and all Financial Accounts you connect are your own or that you are an authorized user of those accounts; (b) all data you provide to verify your identity is complete and accurate; and (c) you will not (i) use or access anyone else’s AcuFi Account or related data, (ii) use any AcuFi Account or related data for any fraudulent, illegal or misleading purpose, (iii) modify, reverse engineer or seek to gain unauthorized access to any AcuFi Account or related AcuFi CRA or AcuFi systems (“AcuFi Systems”), (iv) bypass or circumvent measures designed to prevent or limit access to any part of any AcuFi Account or AcuFi Systems, (v) copy, modify or create derivative works of any AcuFi Account or AcuFi Systems in any manner not authorized by AcuFi CRA or AcuFi , (vi) access any AcuFi Account or AcuFi Systems for competitive purposes or publish any benchmark or performance information, or (vii) use any AcuFi Account or AcuFi Systems in any manner that could damage, disable, overburden, or impair the functioning thereof or interfere with, disrupt, or negatively affect other users.

 You acknowledge and comprehend that you are accountable for the data you store in your AcuFi Account.  You are prohibited from submitting any data that is: (i) defamatory, abusive, harassing, threatening, or an invasion of the privacy or rights of another individual; (ii) bigoted, hateful, or racially or otherwise offensive; (iii) violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (iv) trademarked or copyrighted content, or content that otherwise infringes on the intellectual property rights of another individual or company; or (v) otherwise harmful or can be reasonably anticipated to be harmful to any person or entity.  Any unauthorized use of an AcuFi Account is strictly prohibited and may result in the deletion of your AcuFi Account.

AcuFi Account SMS Terms.

In order to verify your identity through two-factor authentication, AcuFi CRA or AcuFi may send you Short Message Service (SMS) messages in connection with the creation or use of your AcuFi Account, either directly or through a service provider.  You are consenting to the receipt of such messages by creating, accessing, managing, or using an AcuFi Account.  For further information and terms concerning SMS messages and related data handling, please refer to the Wireless Device and SMS Terms section below ShortMessageServiceSMSTerms practices.

AcuFi Account Security.

In order to protect your AcuFi Account from unauthorized access, use, alteration, or disclosure and to ensure the security, confidentiality, and integrity of your data, AcuFi CRA and AcuFi implement technical and organizational measures.  Nevertheless, we urge you to assume responsibility for the security of your AcuFi Account and other personal information, recognizing that you are providing it at your own risk.  If you suspect that your AcuFi Account has been compromised, please contact AcuFi at reporting@acufi.com or at AcuFi CRA at Reporting@acufi.com.

Disabling Your AcuFi Account.

In the event that AcuFi CRA or AcuFi. suspects any violation of the terms contained in the Agreement, your AcuFi Account is unused and remains inactive for an extended period of time, AcuFi CRA or AcuFi. suspects any unauthorized use of your AcuFi Account, or AcuFi CRA or AcuFi. is legally obligated to do so, they may disable or delete your AcuFi Account at their sole discretion.  AcuFi CRA and AcuFi reserve the right to pursue all other available remedies, whether in law or equity, in connection with any such issue.

Wireless Device and SMS Terms.

In order to confirm your identity through two-factor authentication and/or to provide you with a service, AcuFi CRA may send you Short Message Service (SMS) messages.  In connection with the creation or use of your AcuFi Account, AcuFi may send you SMS messages to verify your identity through two-factor authentication.  You consent to the receipt of automated SMS messages from AcuFi CRA, AcuFi, and any of AcuFi CRA’s or AcuFi’s SMS-related service providers (“SMS Providers”) at the telephone number you have provided, including through the use of an automatic telephone dialing system.  Message and data rates may be applicable.  In general, you will receive one message for each request.  Delayed or undelivered messages are not the responsibility of carriers.

 In order to assist in the identification of you or your wireless device and to prevent fraud, you authorize your wireless carrier to use or disclose information about your account and wireless device to AcuFi CRA, AcuFi, or SMS Providers for the duration of your business relationship.  Please refer to the AcuFi CRA Privacy Policy for information regarding the manner in which AcuFi CRA manages your data, and the AcuFi End User Privacy Policy for information regarding AcuFi’s data management practices.

Your wireless carrier may disclose the following information: your mobile number, name, address, email, network status, customer type, customer role, invoicing type, and mobile device identifiers (IMSI and IMEI).  Third parties or affiliates will not be provided with mobile information for promotional or marketing purposes.  The opt-in data and consent information of the text messaging originator will not be disclosed to any third parties.

In order to opt out of SMS message notifications, you must reply STOP to any SMS message from AcuFi CRA or AcuFi or sent on behalf of AcuFi CRA or AcuFi if you do not wish to receive SMS messages or if you no longer wish for your wireless operator to share information about you.  An additional SMS message may be sent to you to validate your decision to opt out.  Unless you subsequently request SMS messages from AcuFi CRA or AcuFi or sign up for any AcuFi or AcuFi CRA services, such as an AcuFi Account, that require the transmission of SMS messages, you will no longer receive messages from AcuFi CRA, AcuFi, or SMS Providers after opting out of SMS messages.

If you are experiencing issues with the SMS messages from AcuFi CRA, AcuFi, or SMS Providers, you can reply with the keyword HELP for more assistance, or you can contact reporting@acufi.com.

Age Restriction.

Individuals under the age of 18 are prohibited from accessing this Platform or establishing an AcuFi Account.  You represent and warrant that you are 18 years of age or older by utilizing this Platform, including by creating or utilizing an AcuFi Account.  Please contact us at Reporting@acufi.com if you have reason to believe that a person under the age of 18 is using our services. The relevant AcuFi CRA Account will be deleted by AcuFi CRA or AcuFi upon confirmation of underage AcuFi Account usage, subject to and in compliance with our requirements under applicable law.

Geographical Limitation.

Persons residing outside of the United States may not use this Platform or create a AcuFi Account. By using this Platform (including by creating or using a AcuFi Account), you represent and warrant that you are a resident of the United States.

Our Disclaimers.

THE PLATFORM (INCLUDING ANY ACUFI ACCOUNT) IS PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY LAW. ANY US IS AT YOUR OWN DISCRETION AND RISK. ACUFI CRA, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  ACUFI CRA DOES NOT GUARANTEE THAT USE WILL BE ERROR-FREE OR UNINTERRUPTED.

PLATFORM LIABILITIES

IN THE EXTENT PERMITTED BY LAW, ACUFI CRA, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) ONE HUNDRED U.S. DOLLARS (US $100).

Notices.

All notices, requests and other communications to AcuFi CRA under this Agreement must be in writing to AcuFi Consumer Reporting Agency, reporting@AcuFi.com and will be deemed given when delivered.

Ending This Agreement.

AcuFi CRA reserves the right to terminate or suspend this Agreement (or your use of the Platform) at any time, for any or no reason, including if AcuFi CRA suspects that you have violated this Agreement, with or without notice.  AcuFi CRA shall not be held accountable for any termination or suspension to you, nor will such action restrict any other rights or remedies that AcuFi CRA may possess.  This Agreement will endure any termination, with the exception of your right to use the Platform.

About This Agreement.

You are prohibited from transferring or assigning this Agreement without the prior written consent of AcuFi CRA.  AcuFi CRA reserves the right to assign or transfer this Agreement to its affiliates or in conjunction with a merger, sale, reorganization, or other change of control.  Furthermore, AcuFi CRA’s affiliates, contractors, and service providers may fulfill its obligations or exercise its rights under this Agreement.  Waivers must be in writing, and no waivers will be implied.  If a court of competent jurisdiction concludes that any provision of this Agreement is unenforceable for any reason, the remaining provisions will continue to be in full force and effect.  This Agreement is the final, comprehensive, and exclusive agreement between you and us regarding the subject matter of this Agreement. It supersedes all prior or contemporaneous understandings and agreements regarding the same subject matter, regardless of whether they were written or spoken.  The term “including” (and similar phrases) will be construed without limitation, and headings are provided for convenience only in this Agreement.

AcuFi CRA reserves the right to amend this Agreement at any time.  Modifications are effective upon posting the modified version, unless otherwise specified, and therefore govern future use of the Platform.  AcuFi CRA will make every effort to inform you of the modifications, and you may be obligated to consent to the revised version.

Developer Terms of Use

AcuFi and its subsidiaries, (“AcuFi”, “we”, “our”, and “us”), provide the AcuFi API, websites (“Site”), dashboards, related tools, and other products or services (collectively, the “Services”) to our developers (“you” or “your”). This Developer Policy (“Policy”) establishes the rules and guidelines that govern access to or use of the Services.  Your access to the Services and/or access to the personal and financial information of end users provided by AcuFi (“End User Data”) may be suspended or terminated in the event of a violation of this Policy.

You acknowledge and consent to the terms of this Policy by accessing and utilizing the Services.  This Policy will be enforced each time you access or utilize the Services.  If you are consenting to the terms of this Policy on behalf of an organization or entity, you represent and warrant that you are authorized to do so.  This policy is crucial; therefore, it is imperative that you review it thoroughly. We reserve the right to modify or revise this Policy at any time.  We will make a reasonable endeavor to notify you of any material changes to this Policy.  The sole remedy available to you in the event that you object to a change is to discontinue all access and use of the Services.

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Registration

You must register on our Site and provide true, accurate, and complete information about yourself and your use of the Services in order to establish an account (“Account”) and sign up for the Services.  You acknowledge that you are responsible for maintaining the accuracy of your Account information and refraining from misrepresenting your identity or any information you provide for your Account.  It is your responsibility to ensure that your Account is accessible; you are prohibited from disclosing your Account information, including your AcuFi Dashboard password, as well as your API authentication credentials, including your Client Identification Number (“Client ID”) and secret, to a third party or allowing any other application or service to act as you.

Compliance with Applicable Law

When using the Services, you agree to abide by all applicable local, state, national, and international laws. You also confirm that you, your business, your employees, your service providers, and any others acting on your behalf adhere to all applicable laws, especially those pertaining to financial data, data protection, privacy and data security.

In addition, you certify that you, your officers, directors, shareholders, direct and indirect parent entities, subsidiaries, and affiliates: are and will remain in compliance with all applicable import, re-import, sanctions, anti-boycott, export, and economic sanctions programs implemented by the Office of Foreign Assets Control (OFAC)); are not subject to, or owned by parties that are subject to, sanctions or otherwise identified on any sanctions-related list, including but not limited to lists maintained by the United States government (such as the List of Specially Designated Nationals and Blocked Persons, maintained by OFAC, the Entity List maintained by the U.S. Commerce Department’s Bureau of Industry or other applicable government authority; and are not engaging, and will not engage, in activities which may require or permit any applicable government authority to pursue an enforcement action against, or impose economic sanctions on you or us.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws applicable to you, including without limitation, the rules and guidelines of any system or network that facilitates payments and any security requirements, including under the Payment Card Industry Data Security Standards (PCI-DSS), as may be applicable to you.

Security

You are responsible for securely maintaining your AcuFi Dashboard username and password, as well as your API authentication credentials, including your Client ID and secret. You agree to notify us promptly at reporting@acufi.com in the event of any breach of security or unauthorized use of your Account or any End User Data. You must never publish, distribute, or share your Client ID or secret, and must encrypt this information in storage and during transit.

Your systems and application(s) must handle End User Data securely. With respect to End User Data, you should follow industry best practices but, at a minimum, must perform the following:

  • Maintain administrative, technical, and physical safeguards that are designed to ensure the security, privacy, and confidentiality of End User Data.
  • Use modern and industry standard cryptography when storing or transmitting any End User Data.
  • Maintain reasonable access controls to ensure that only authorized individuals that have a business need have access to any End User Data.
  • Monitor your systems for any unauthorized access.
  • Patch vulnerabilities in a timely fashion.
  • Log and review any events suggesting unauthorized access.
  • Plan for and respond to security incidents.

Comply with relevant rules and regulations with regard to the type of data you are handling, such as the Safeguards Rule under the Graham-Leach-Bliley Act.

Data Storage and Usage

End User Data that is in your possession must be stored securely and in compliance with relevant laws.  If applicable, the use of anonymized End User Data must be plainly and conspicuously disclosed to the End User, including a description of how it is used.

Account Deactivation

You may deactivate your Account by adhering to the instructions provided on the Site after you cease using the Services in accordance with any applicable agreement you may have with us.  We may also deactivate your Account if you have not used the Services for three months, if your applicable agreement with us terminates or expires, or if it is reasonably necessary under applicable law.  We will deprovision your access to all End User Data associated with your integration after your Account is deactivated.

However, we may continue to retain any information we have collected about you for as long as necessary to fulfill the purposes outlined in our privacy policy/statement, or for a longer retention period if required or permitted by applicable law, even after your Account is deactivated, and to the extent permitted by applicable law.

Prohibited Conduct

You agree not to, and agree not to assist or otherwise enable any third party to:

  • sell or rent End User Data to marketers or any other third party;
  • access or use the Services or End User Data for any unlawful, infringing, threatening, abusive, obscene, harassing, defamatory, deceptive, or fraudulent purpose;
  • collect and store end users’ bank credentials and/or End User Data other than as required to access or use the Services, as authorized by the end user, as permitted by AcuFi, and as permitted under applicable law;
  • use, disclose, or retain any “nonpublic personal information” (as defined under the Gramm-Leach-Bliley Act) or “personal information” (as defined under the California Consumer Privacy Act) other than in strict compliance with applicable law;
  • access or use the Services or access, transmit, process, or store End User Data in violation of any applicable privacy laws or in any manner that would be a breach of contract or agreement with the applicable end user;
  • access or use the Services to infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity;
  • access or use the Services for any purpose other than for which it is provided by us, including for competitive evaluation, spying, creating a substitute or similar services to any of the Services, or other nefarious purpose;
  • scan or test (manually or in an automated fashion) the vulnerability of any AcuFi infrastructure without express prior written permission from AcuFi;
  • breach, disable, interfere with, or otherwise circumvent any security or authentication measures or any other aspect of the Service;
  • overload, flood, or spam any part of the Services;
  • create developer accounts for the Services by any means other than our publicly-supported interfaces (e.g., creating developer accounts in an automated fashion or otherwise in bulk);
  • transfer, syndicate, or otherwise distribute the Services or End User Data without express prior written permission from AcuFi;
  • decipher, decompile, disassemble, copy, reverse engineer, or attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except as permitted by applicable law;
  • modify, translate, or otherwise create derivative works of any part of the Services;
  • access or use the Services or End User Data in a manner that violates any agreement between you or the end user and AcuFi; or
  • access or use the Services or End User Data in a manner that violates any applicable law, statute, ordinance, or regulation.

Suspension and Termination

We reserve the right to deny, withhold, or terminate access to the Services and/or End User Data in whole or in part if we suspect that the Services are being accessed or used in violation of this Policy or any other AcuFi agreement, including AcuFi’s agreements with any third-party partners or data sources of AcuFi (each, a “Partner”), or if use would pose a risk of harm, including reputational harm, to AcuFi, its infrastructure, its data, the Services, an end user, or a Partner.

If we decide to withhold, refuse, or terminate access to the Services and/or End User Data, we will make a reasonable effort to notify you via email or another mechanism.  In the event that we become aware of activity that is a violation of any applicable law or when we determine, in our sole discretion, that harm is imminent, we may promptly suspend or terminate access without notice.

 AcuFi shall not be held accountable for any damages of any kind that you or any third party may incur as a consequence of AcuFi’s exercise of its rights under this Policy or applicable law.

Reporting Violations

We kindly ask that you promptly notify us via email at reporting@acufi.com if you become aware of a violation of this Policy.  In relation to such violations, we reserve the right to take any appropriate action, including reporting any activity or conduct that we suspect violates the law to the appropriate law enforcement officials, regulators, or other appropriate third parties, at our sole discretion.

Universal Data Access

AcuFi advocates for an Open Finance ecosystem in which end users retain ownership of their data (e.g., financial data) and have the option to grant third parties access to it.  Upon AcuFi’s reasonable request, the parties agree to cooperate in good faith to negotiate and initiate an arrangement for AcuFi to access any such end user data that you host that is not already accessible by AcuFi on behalf of end users.

Miscellaneous

Any failure by you or AcuFi to exercise any right outlined in this document or any other agreement you may have with us shall not be considered a waiver of any additional rights.

In the event that any provision of this Policy is determined to be unenforceable or invalid, it shall be restricted or eliminated to the minimum extent necessary to ensure that this Policy remains in full force and effect and is enforceable.

Short Message Service (SMS) Terms

AcuFi (“AcuFi”) is a financial technology corporation that facilitates the secure transfer of financial data from your bank to your applications.  AcuFi may send you Short Message Service (SMS) messages to confirm your identity through two-factor authentication and/or to provide a service.  You consent to the receipt of automated SMS messages from AcuFi and any of our SMS-related service providers (“service providers”) at the telephone number you have provided, including through the use of an automatic telephone dialing system, by agreeing to these SMS terms (“SMS Terms”).  Message and data rates may be applicable.  In general, you will receive one message per request.  Delayed or undelivered messages are not the responsibility of carriers.

By consenting to these SMS Terms, you authorize your wireless carrier to use or disclose information about your account and wireless device, if available, to AcuFi or our service provider for the duration of your business relationship. This information is solely used to assist AcuFi or our service provider in identifying you or your wireless device and to prevent fraud.  Please refer to our End User Privacy Policy for information regarding our data management practices.

Your wireless carrier may disclose the following information: your mobile number, name, address, email, network status, customer type, customer role, invoicing type, and mobile device identifiers (IMSI and IMEI).  Third parties or affiliates will not be provided with mobile information for promotional or marketing purposes.  The opt-in data and consent information of the text messaging originator will not be disclosed to any third parties.

If you prefer not to receive SMS messages from AcuFi or our service providers, or if you no longer wish for your wireless operator to share information about you with AcuFi or our service providers, you agree to reply STOP to any SMS message from AcuFi or sent on behalf of AcuFi in order to opt out of the SMS message notifications.  An additional SMS message may be sent to you to validate your decision to opt out.  Unless you subsequently request SMS messages from us or sign up for any of our services, such as an AcuFi Account, that necessitate the sending of SMS messages, you will no longer receive messages from AcuFi or our service providers after opting out of SMS messages.

If you are encountering difficulties with SMS messages from AcuFi or our service providers, you may respond with the keyword “HELP” to receive further assistance, or you may contact reporting@acufi.com.