These Terms of Service (“Terms”) are a binding agreement between you and otterfund (“otterfund,” “ we,” “us,” or “our”) governing your access to and use of the otterfund budgeting application and website at otterfund.ai(the “Service”). By creating an account, checking the box to accept these Terms, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.
Please read Sections 6, 13, 14, and 15 carefully. They describe that the Service is not financial advice and contain important disclaimers and limitations of our liability.
1. Eligibility
You must be at least 18years old and able to form a binding contract to use the Service. The Service is not directed to and may not be used by children under 13, and we do not knowingly permit them to register (see our Privacy Policy, “Children’s Privacy”). By using the Service, you represent that you meet these requirements and that the information you provide is accurate and complete.
2. The Service
otterfund is a personal budgeting and money-management tool that helps you track accounts, categorize spending, plan a budget across Needs, Wants, and Savings, set savings goals, monitor investments you enter, and receive AI-generated insights. We may add, change, or remove features at any time. The Service provides information and tools to help you manage your own money; it does not hold funds, move money, or execute transactions on your behalf.
3. Your Account
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate information and to keep it up to date.
- Notify us promptly at support@otterfund.ai if you suspect any unauthorized use of your account.
- You may not share your account, or transfer it to anyone else, without our permission.
4. Connecting Financial Accounts
The Service lets you connect bank and financial accounts through Plaid Inc. By connecting an account, you authorize us and Plaid to access and retrieve information from your financial institution on your behalf, and you agree to Plaid’s End User Privacy Policy. You represent that you are authorized to provide account credentials and to grant this access. You are responsible for reviewing the accuracy of imported data. You can disconnect an institution at any time.
5. AI Features
The Service uses artificial intelligence (provided by Anthropic) to categorize transactions, parse statements you upload, detect recurring charges, and generate insights and advisor responses. AI output is generated automatically, may be inaccurate, incomplete, or out of date, and should not be relied upon as your sole basis for any decision. You are responsible for reviewing and verifying any AI-generated content before acting on it.
6. Not Financial, Investment, Tax, or Legal Advice
otterfund is a self-directed tool for informational and organizational purposes only. We are not a bank, broker-dealer, investment adviser, financial planner, tax adviser, or fiduciary, and nothing in the Service constitutes financial, investment, tax, accounting, or legal advice. Budget plans (such as the 50/30/20 rule), insights, market data, net-worth figures, and AI responses are general information, not recommendations tailored to your circumstances. Market and pricing data may be delayed or inaccurate and is provided “as is.” You are solely responsible for your financial decisions. Consider consulting a qualified professional before making significant financial decisions.
7. Subscriptions, Billing, and Payments
otterfund offers a free tier and paid subscription plans. Paid plans are billed through our payment processor, Stripe, and your use of Stripe is subject to Stripe’s terms.
- Fees and billing cycles. Paid plans are offered on a monthly or annual basis at the prices shown on our pricing page. By subscribing, you authorize us and Stripe to charge your payment method the applicable fees, plus any taxes, on a recurring basis.
- Automatic renewal. Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date.
- Cancellation. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you will retain paid features until then.
- Refunds. Except where required by law, fees are non-refundable and partial periods are not prorated.
- Price changes. We may change prices or plan features; we will give you advance notice, and changes take effect at your next billing period.
- Taxes. Prices exclude taxes unless stated; you are responsible for applicable taxes.
- Failed payments. If a payment fails, we may suspend or downgrade your access to paid features.
8. Your Content and License
You retain all rights to the information and content you submit to the Service (“Your Content”), including your financial data. You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content solely to operate and provide the Service to you (including sending it to the subprocessors described in our Privacy Policy). If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation.
9. Acceptable Use
You agree not to:
- Use the Service in violation of any law or these Terms;
- Access another person’s account or data, or provide credentials for accounts you are not authorized to access;
- Reverse engineer, scrape, copy, or create derivative works of the Service except as permitted by law;
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its infrastructure;
- Upload malware or use the Service to transmit unlawful, infringing, or harmful content;
- Use the Service to build a competing product or resell it without our written permission.
10. Intellectual Property
The Service, including its software, design, branding, the otterfund name and logo, and all related content (excluding Your Content), is owned by otterfund or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved.
11. Third-Party Services
The Service integrates with third-party services (including Plaid, Anthropic, Stripe, and market-data providers) and may link to third-party sites. We are not responsible for third-party services or their content, and your use of them is governed by their own terms and privacy policies.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA (INCLUDING IMPORTED TRANSACTIONS, MARKET DATA, OR AI-GENERATED CONTENT) WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTERFUND AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify and hold harmless otterfund and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any law or third-party right.
15. Suspension and Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, if required by law, or if necessary to protect the Service or other users. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
16. Changes to the Service and These Terms
We may modify these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, if appropriate, notify you through the Service or by email. Changes are effective when posted. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Governing Law and Disputes
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws rules. You agree to first try to resolve any dispute informally by contacting us at legal@otterfund.ai. If a dispute cannot be resolved, you agree to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada for all disputes not subject to any binding arbitration or small-claims option, and you waive any objection to venue there. Nothing in these Terms limits any mandatory consumer-protection rights you have under the laws of your place of residence.
18. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
- Severability. If any provision is held unenforceable, the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
- Notices. We may provide notices through the Service or by email to the address on your account.
19. Contact Us
Questions about these Terms? Contact us at:
- Email: legal@otterfund.ai
- otterfund
- [Registered business address]