Volver al inicio

Terms of Service

Última actualización: June 10, 2026

Este documento legal está disponible en inglés. La versión en inglés es la autorizada.
  • OctoWealth Terms of Service 1. About OctoWealth 2. Mobile App Only 3. Eligibility 4. Your Account 5. Authentication and Security Features 6. Financial Account Connections Through Plaid 7. Read-Only Financial Data Access 8. Accuracy and Availability of Financial Data 9. No Financial, Legal, Tax, Credit, Lending, or Investment Advice 10. Simulators, Forecasts, Budgets, Reports, and Insights 11. User Data and User Content 12. Privacy 13. Account Deletion, Data Deletion, and Plaid Disconnect 14. Subscriptions, Trials, Payments, Billing, and Refunds 15. Apple App Store Additional Terms 16. Google Play Additional Terms 17. Acceptable Use 18. Prohibited Financial Uses 19. Third-Party Services 20. Financial Institutions 21. Market, Investment, Currency, and Crypto Reference Data 22. AWS and Cloud Infrastructure 23. App Availability and Changes 24. Beta, Experimental, and Pre-Release Features 25. Push Notifications and Communications 26. Intellectual Property 27. Feedback 28. Open Source Software 29. Suspension and Termination 30. Disclaimers 31. Limitation of Liability 32. Indemnification 33. Dispute Resolution; Informal Resolution First 34. Arbitration Agreement 35. Exceptions to Arbitration 36. Class Action Waiver 37. Opt-Out of Arbitration 38. Governing Law 39. Changes to These Terms 40. Changes to the App 41. Force Majeure 42. Assignment 43. Severability 44. No Waiver 45. Entire Agreement 46. Contact

Effective Date: 10 Jun 2026 Last Updated: 10 Jun 2026

These Terms of Service, together with any referenced policies, notices, disclosures, and additional terms (collectively, the “Terms”), govern your access to and use of the OctoWealth mobile application and related services.

These Terms are a legal agreement between you and OctoPath LLC d/b/a OctoWealth (“OctoWealth,” “we,” “us,” or “our”). By creating an account, accessing the mobile app, connecting a financial account, starting a subscription, using any OctoWealth feature, or otherwise using the service, you agree to these Terms.

If you do not agree to these Terms, do not access or use OctoWealth.

1

About OctoWealth

OctoWealth is a mobile personal finance application that helps users view, organize, and understand their personal financial information.

Depending on the features available to you, OctoWealth may help you:

  • connect supported U.S. financial accounts through Plaid;
  • view account balances;
  • view transaction history;
  • categorize transactions;
  • track budgets;
  • monitor cash flow;
  • identify recurring bills and subscriptions;
  • track debts and liabilities;
  • model debt payoff strategies;
  • track net worth;
  • view investment balances and holdings, where enabled;
  • generate reports;
  • export personal finance data;
  • simulate financial scenarios;
  • receive alerts, reminders, and insights;
  • scan receipts, where enabled;
  • create custom transaction rules;
  • manage personal finance preferences.

OctoWealth provides informational personal finance tools only.

OctoWealth is not a bank, broker-dealer, investment adviser, tax adviser, legal adviser, accounting adviser, credit repair organization, lender, money transmitter, financial planner, or financial institution.

OctoWealth does not provide legal, tax, investment, accounting, credit, lending, debt settlement, or financial planning advice. OctoWealth does not make financial decisions for you.

2

Mobile App Only

OctoWealth is currently offered as a mobile application.

Any website operated by OctoWealth may be used to provide public information, support resources, legal documents, account deletion request instructions, billing information, or related resources.

Unless we expressly state otherwise, OctoWealth’s core service is the mobile app.

3

Eligibility

You may use OctoWealth only if you:

  • are at least 18 years old;
  • are located in the United States;
  • can enter into a legally binding agreement;
  • are not prohibited from using OctoWealth under applicable law;
  • agree to comply with these Terms and all applicable laws.

By using OctoWealth, you represent and warrant that you meet these eligibility requirements.

OctoWealth is not intended for users under 18 years old. If you are under 18, you may not create an account or use OctoWealth.

We may suspend or terminate accounts if we determine that the user is under 18, outside the United States, or otherwise ineligible.

4

Your Account

To use OctoWealth, you must create an account.

You agree to provide accurate, current, and complete information when creating or updating your account. You agree not to create an account using false information, another person’s information, or information you are not authorized to use.

You are responsible for:

  • maintaining the confidentiality of your login credentials;
  • securing your device;
  • using strong authentication practices;
  • enabling available security features where appropriate;
  • keeping your account information current;
  • monitoring activity in your account;
  • notifying us promptly if you believe your account has been compromised.

You are responsible for all activity that occurs under your account, except to the extent caused by OctoWealth’s breach of these Terms or applicable law.

We may refuse, suspend, restrict, or terminate access to an account if we believe the account violates these Terms, creates legal, security, financial, compliance, or operational risk, involves fraud or misuse, or is otherwise harmful to OctoWealth, users, service providers, platforms, financial institutions, or third parties.

5

Authentication and Security Features

OctoWealth may support security features such as email verification, password reset, multi-factor authentication, time-based one-time passcodes, PIN lock, biometric unlock, session timeout, hide-amounts mode, advanced security controls, or related protections.

Some security features may rely on your device, operating system, Amazon Cognito, Apple, Google, or other third-party services.

If biometric authentication is enabled, biometric verification is generally handled by your device operating system. OctoWealth does not receive or store your raw biometric identifiers, such as fingerprint data or facial geometry, unless we expressly state otherwise.

Security features reduce risk but do not guarantee absolute security. You remain responsible for protecting your device, account, credentials, and recovery methods.

6

Financial Account Connections Through Plaid

OctoWealth allows you to connect supported U.S. financial accounts using Plaid.

Plaid is a third-party service provider that enables users to authorize secure access to financial account data from supported financial institutions. When you connect a financial account, you may be directed through a Plaid connection flow where you authorize Plaid and OctoWealth to access information from your selected financial institution.

By connecting a financial account, you authorize OctoWealth and Plaid to access, receive, process, and store information from the accounts you choose to connect, subject to your authorization, the functionality of the app, the availability of your financial institution, Plaid’s systems, your financial institution’s systems, and applicable laws and policies.

Depending on the accounts you connect and the features you use, financial account data may include:

  • financial institution name;
  • account name;
  • account type;
  • account subtype;
  • masked account number;
  • account identifiers;
  • Plaid item identifiers;
  • Plaid account identifiers;
  • account balances;
  • available balances;
  • current balances;
  • credit limits, where available;
  • transaction history;
  • pending transactions;
  • posted transactions;
  • transaction dates;
  • transaction amounts;
  • merchant names;
  • transaction descriptions;
  • transaction categories;
  • recurring transaction patterns;
  • bills and subscription patterns;
  • loan and liability information, where enabled and authorized;
  • investment account information, where enabled and authorized;
  • investment holdings, where enabled and authorized;
  • securities names, symbols, or identifiers, where enabled and authorized;
  • account owner information, where enabled and authorized;
  • other financial data made available through Plaid and authorized by you.

At launch, OctoWealth may use the following Plaid products or data categories:

  • Transactions;
  • Liabilities, where enabled and authorized;
  • Investments, where enabled and authorized;
  • Identity, where enabled and authorized.

At launch, OctoWealth does not use the following Plaid products:

  • Auth;
  • Transfer;
  • Signal;
  • Income;
  • Assets;
  • Statements;
  • Processor Token;
  • Employment;
  • Payroll.

OctoWealth uses Plaid for read-only financial account aggregation. OctoWealth does not use Plaid to move money, initiate ACH transfers, initiate payments, execute securities trades, open accounts, issue credit, make lending decisions, or take financial action on your behalf.

You understand and agree that Plaid may process your information under Plaid’s own terms, privacy policy, and authorization flow. OctoWealth is not responsible for Plaid’s independent services, systems, policies, or practices.

7

Read-Only Financial Data Access

OctoWealth is designed for read-only financial account aggregation and personal finance visibility.

Unless we expressly introduce and separately disclose a money movement, payment, investment transaction, lending, or banking feature, OctoWealth does not:

  • initiate payments;
  • transfer funds;
  • withdraw funds;
  • deposit funds;
  • execute securities trades;
  • open bank accounts;
  • provide stored value accounts;
  • issue cards;
  • issue credit;
  • make loans;
  • make credit decisions;
  • settle debts;
  • negotiate debts;
  • repair credit;
  • guarantee savings;
  • guarantee financial outcomes.

You remain responsible for reviewing your financial accounts directly with your financial institutions.

8

Accuracy and Availability of Financial Data

OctoWealth depends on information received from you, Plaid, your financial institutions, market data providers, currency data providers, app stores, payment providers, service providers, and other sources.

Financial data may be delayed, incomplete, inaccurate, duplicated, miscategorized, unavailable, interrupted, or outdated.

OctoWealth does not guarantee that:

  • account balances are current;
  • transactions are complete;
  • transaction categories are accurate;
  • recurring bills or subscriptions are detected correctly;
  • net worth calculations are complete;
  • debt payoff calculations are correct;
  • financial projections are accurate;
  • investment holdings or balances are current;
  • market quotes are current;
  • currency or crypto exchange rates are accurate;
  • alerts or reminders will be timely or error-free;
  • exports or reports will be complete or suitable for tax, legal, accounting, or financial planning purposes.

You should verify important information directly with your financial institution, card issuer, lender, brokerage, employer, accountant, tax adviser, financial adviser, attorney, or other appropriate professional before making financial decisions.

10

Simulators, Forecasts, Budgets, Reports, and Insights

OctoWealth may include tools that estimate, model, or simulate financial scenarios. These may include budget projections, cash-flow forecasts, debt payoff strategies, subscription savings estimates, net worth projections, investment tracking, equity simulations, currency conversions, crypto reference views, or other planning tools.

These features may rely on assumptions, incomplete information, historical transactions, user inputs, estimated rates, market data, exchange rate data, automated categorization, and other data that may be inaccurate or incomplete.

Simulation results are hypothetical. They are not predictions, guarantees, or advice.

Actual outcomes may differ materially from app-generated estimates.

You should not rely solely on OctoWealth for financial decisions.

11

User Data and User Content

You may provide, enter, upload, edit, import, export, categorize, tag, label, or otherwise submit information through OctoWealth.

This may include:

  • financial data;
  • budgets;
  • categories;
  • transaction rules;
  • transaction notes;
  • receipt images;
  • receipt OCR outputs;
  • simulator assumptions;
  • custom reports;
  • account labels;
  • preferences;
  • support messages;
  • screenshots;
  • attachments;
  • feedback.

You retain your ownership rights in your data and content.

You grant OctoWealth a limited, non-exclusive, worldwide, royalty-free license to host, use, process, reproduce, display, modify, transmit, and create operational outputs from your data and content solely as reasonably necessary to:

  • provide OctoWealth;
  • operate app features;
  • process financial data;
  • generate reports and insights;
  • provide support;
  • secure the service;
  • troubleshoot errors;
  • improve app functionality;
  • comply with law;
  • enforce these Terms.

You represent and warrant that you have the right to provide any data or content you submit to OctoWealth and that your use of OctoWealth does not violate the rights of any third party or applicable law.

You agree not to submit unlawful, harmful, infringing, deceptive, malicious, unauthorized, or unnecessary sensitive content.

12

Privacy

Your use of OctoWealth is also governed by our Privacy Policy.

The Privacy Policy explains how we collect, use, share, retain, secure, and delete information.

You should review the Privacy Policy carefully before using OctoWealth or connecting financial accounts.

Privacy Policy: https://octowealthapp.com/privacy

13

Account Deletion, Data Deletion, and Plaid Disconnect

You may request deletion of your OctoWealth account and associated data through the app, where available, or by contacting us at:

support@octowealthapp.com

OctoWealth may support a scheduled account deletion process with a grace period, such as 14 days. If a grace period applies, you may be able to cancel the deletion request by signing back in or following the cancellation process provided in the app before deletion is executed.

When account deletion is executed, OctoWealth will take reasonable steps to:

  • close or delete your OctoWealth account;
  • disable access to your account;
  • revoke connected Plaid items through Plaid item removal where applicable;
  • remove Plaid access tokens from active use;
  • stop future financial account syncing;
  • delete or de-identify active account data associated with your account, subject to retention exceptions.

Certain information may be retained after account deletion where necessary or permitted for legal compliance, security, fraud prevention, dispute resolution, enforcement of agreements, audit logs, backup and disaster recovery, accounting records, payment records, subscription records, platform requirements, service provider requirements, or operational integrity.

If you disconnect a financial institution without deleting your OctoWealth account, future syncing from that institution should stop. If a per-institution disconnect feature is not yet available in the app, you may contact support for assistance. Previously synced information may remain in your OctoWealth account unless deleted by you, removed through a deletion feature, or removed through an account deletion request, subject to retention exceptions.

If you purchased a subscription through Apple, Google, Stripe, or another payment provider, deleting your OctoWealth account may not automatically cancel your subscription. You may need to cancel your subscription directly through the applicable app store, payment processor, or billing portal.

14

Subscriptions, Trials, Payments, Billing, and Refunds

OctoWealth may offer paid subscription features, including OctoWealth Premium, monthly subscriptions, annual subscriptions, free trials, promotional offers, or other pricing plans.

Depending on the billing channel available at launch, subscriptions may be processed through Apple App Store, Google Play, Stripe, or another payment processor.

Unless otherwise stated at checkout:

  • subscriptions may automatically renew;
  • free trials may convert to paid subscriptions unless cancelled before the trial ends;
  • you are responsible for cancelling before renewal if you do not want the subscription to renew;
  • deleting the OctoWealth app may not cancel your subscription;
  • deleting your OctoWealth account may not cancel your subscription;
  • refunds are handled according to the rules of the applicable app store, payment processor, or billing platform;
  • OctoWealth may not be able to issue refunds directly for purchases made through Apple, Google, Stripe, or another payment provider;
  • access to paid features may end if your subscription expires, is cancelled, is refunded, fails billing, is revoked, or is otherwise invalid.

We may change subscription prices, features, plans, or billing terms where permitted by law and platform rules. If required, we or the applicable billing platform will provide notice or obtain consent before changes apply.

Important launch note: Before publishing these Terms, OctoWealth should update this section to reflect the actual live billing channel. If paid digital app functionality is sold through Apple App Store or Google Play, the applicable app store billing terms should be used. If Stripe web checkout is used, this section should describe Stripe checkout and any related platform limitations accurately.

15

Apple App Store Additional Terms

If you download OctoWealth from the Apple App Store or use OctoWealth on an Apple device, the following additional terms apply:

  • These Terms are between you and OctoWealth, not Apple.
  • Apple is not responsible for OctoWealth or its content.
  • Apple has no obligation to provide maintenance or support for OctoWealth.
  • To the extent any maintenance or support is required by applicable law, OctoWealth is responsible for it.
  • If OctoWealth fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app, if any, as required by Apple’s policies. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to OctoWealth.
  • Apple is not responsible for addressing claims relating to OctoWealth or your possession or use of OctoWealth, including product liability claims, legal or regulatory claims, consumer protection claims, or intellectual property claims.
  • You must comply with applicable Apple App Store terms and usage rules.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary.
16

Google Play Additional Terms

If you download OctoWealth from Google Play or use OctoWealth on an Android device, the following additional terms apply:

  • These Terms are between you and OctoWealth, not Google.
  • Google is not responsible for OctoWealth or its content.
  • Your use of OctoWealth may also be governed by Google Play’s terms, policies, billing rules, and refund rules.
  • Subscription purchases, cancellations, renewals, and refunds may be handled through Google Play if Google Play Billing is used.
  • You are responsible for managing subscriptions purchased through Google Play through your Google account or Google Play settings.
17

Acceptable Use

You agree not to misuse OctoWealth.

You may not:

  • violate these Terms;
  • violate applicable law;
  • use OctoWealth for unlawful, fraudulent, deceptive, harmful, or abusive purposes;
  • access or use another person’s account without authorization;
  • connect financial accounts that you are not authorized to access;
  • impersonate another person or entity;
  • provide false, misleading, or inaccurate information;
  • interfere with or disrupt OctoWealth’s systems, networks, APIs, infrastructure, or service providers;
  • attempt to gain unauthorized access to OctoWealth, user accounts, systems, APIs, databases, source code, credentials, tokens, or infrastructure;
  • probe, scan, test, or attack OctoWealth’s security without written authorization;
  • reverse engineer, decompile, disassemble, copy, modify, or create derivative works from OctoWealth except where permitted by law;
  • scrape, crawl, harvest, or extract data from OctoWealth except through features we provide;
  • use bots, scripts, automated tools, or unauthorized integrations to access OctoWealth;
  • upload malware, malicious code, corrupted files, or harmful content;
  • bypass usage limits, access controls, subscription restrictions, or security controls;
  • resell, sublicense, lease, rent, or commercially exploit OctoWealth without written permission;
  • use OctoWealth to build or train a competing product or service;
  • use OctoWealth in a way that harms OctoWealth, users, service providers, financial institutions, Plaid, Apple, Google, AWS, Stripe, Sentry, Atlassian, market data providers, or other third parties.

We may monitor use of OctoWealth to protect the service, enforce these Terms, prevent fraud, maintain security, and comply with law.

18

Prohibited Financial Uses

You may not use OctoWealth to:

  • commit fraud;
  • launder money;
  • evade sanctions;
  • violate banking, securities, lending, tax, credit, consumer protection, or financial laws;
  • access financial accounts without authorization;
  • make unauthorized financial decisions for another person;
  • misrepresent your financial status;
  • engage in identity theft;
  • exploit financial data belonging to another person;
  • attempt to manipulate financial institutions, lenders, creditors, brokers, app stores, payment processors, or service providers;
  • use OctoWealth as a substitute for professional financial, tax, legal, investment, lending, credit, or accounting advice.

OctoWealth may restrict, suspend, or terminate accounts that create legal, financial, security, fraud, or compliance risk.

19

Third-Party Services

OctoWealth relies on third-party services to operate. These may include:

  • Plaid;
  • Amazon Web Services;
  • Apple;
  • Google;
  • Stripe or other payment processors;
  • Amazon Cognito;
  • Sentry;
  • Atlassian Jira Service Management;
  • Financial Modeling Prep;
  • CoinGecko;
  • exchange rate providers;
  • push notification providers;
  • financial institutions;
  • other vendors and service providers.

Third-party services are not controlled by OctoWealth. Your use of third-party services may be governed by their own terms, privacy policies, rules, disclosures, and practices.

OctoWealth is not responsible for third-party services, financial institutions, platforms, app stores, payment processors, data providers, or service provider systems.

Third-party services may be unavailable, delayed, inaccurate, interrupted, modified, discontinued, or subject to their own restrictions.

20

Financial Institutions

OctoWealth is not affiliated with, endorsed by, or sponsored by your financial institutions unless expressly stated.

Your relationship with your bank, credit union, card issuer, lender, brokerage, employer, financial institution, or other account provider is governed by your agreements with them.

OctoWealth is not responsible for:

  • financial institution errors;
  • account fees;
  • overdrafts;
  • interest charges;
  • late fees;
  • declined transactions;
  • investment losses;
  • account restrictions;
  • financial institution availability;
  • financial institution data accuracy;
  • financial institution security incidents;
  • changes to financial institution policies or systems.

You should monitor your financial accounts directly.

21

Market, Investment, Currency, and Crypto Reference Data

OctoWealth may display market, investment, currency, or crypto-related reference information using third-party data providers.

This information may be delayed, incomplete, inaccurate, unavailable, or unsuitable for making financial decisions.

OctoWealth does not provide investment advice, trading advice, crypto advice, tax advice, or financial planning advice.

OctoWealth does not execute trades, custody assets, recommend specific investments, recommend crypto transactions, or guarantee market data accuracy.

You should verify market, investment, currency, and crypto information with authoritative sources before relying on it.

22

AWS and Cloud Infrastructure

OctoWealth may use Amazon Web Services and other cloud infrastructure providers to host, process, store, secure, monitor, back up, and operate parts of the service.

Cloud infrastructure providers are responsible for certain infrastructure-level protections. OctoWealth is responsible for the application, configurations, access controls, data handling, identity and access management, and service logic we build and operate.

You understand that no cloud service, mobile app, network, storage system, or data transmission method is completely secure or error-free.

23

App Availability and Changes

OctoWealth may change over time.

We may add, modify, suspend, discontinue, limit, or remove features at any time. We may also impose usage limits, change eligibility requirements, modify pricing, update subscriptions, or restrict access where needed.

We do not guarantee that OctoWealth will be:

  • available at all times;
  • uninterrupted;
  • error-free;
  • compatible with every device;
  • compatible with every operating system version;
  • compatible with every financial institution;
  • compatible with every Plaid-supported connection;
  • free from delays, outages, bugs, or inaccuracies.

We may perform maintenance, updates, security fixes, or infrastructure changes that affect availability.

24

Beta, Experimental, and Pre-Release Features

OctoWealth may offer beta, experimental, preview, or early-access features.

These features may be incomplete, unstable, inaccurate, changed, discontinued, or removed at any time.

Beta and experimental features are provided for testing and feedback. You should not rely on them for important financial decisions.

25

Push Notifications and Communications

OctoWealth may send you account-related, security-related, service-related, support-related, transactional, subscription-related, or administrative communications.

If you enable push notifications, OctoWealth may send alerts, reminders, security notices, budget alerts, subscription reminders, account updates, or other app-related notifications.

You can manage push notifications through your device settings and, where available, through in-app notification preferences.

We may send certain important account, legal, security, or service communications even if you opt out of marketing communications.

Marketing communications, where offered, are optional and may be controlled through consent settings or unsubscribe options.

26

Intellectual Property

OctoWealth and its software, design, interfaces, graphics, logos, trademarks, trade names, text, features, workflows, data models, code, databases, algorithms, reports, charts, compilations, documentation, and other materials are owned by OctoPath LLC, OctoWealth, or their licensors and are protected by intellectual property laws.

Subject to your compliance with these Terms, OctoWealth grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, access, and use the OctoWealth mobile app for your personal, non-commercial use.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, create derivative works from, or exploit OctoWealth except as expressly permitted by these Terms or applicable law.

No rights are granted except those expressly stated in these Terms.

27

Feedback

If you provide ideas, suggestions, bug reports, feature requests, comments, or other feedback about OctoWealth, you grant OctoWealth a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, copy, modify, distribute, display, perform, create derivative works from, and otherwise exploit that feedback for any purpose without compensation to you.

You agree that OctoWealth may use feedback without restriction or obligation.

28

Open Source Software

OctoWealth may include or depend on open source software.

Open source software is licensed under the terms of the applicable open source licenses. To the extent required by those licenses, the open source license terms apply to the relevant open source components instead of these Terms.

29

Suspension and Termination

We may suspend, restrict, or terminate your access to OctoWealth at any time if we believe:

  • you violated these Terms;
  • you created legal, compliance, fraud, security, financial, or operational risk;
  • your account is compromised;
  • your use harms OctoWealth, users, third parties, service providers, or financial institutions;
  • your payment or subscription is invalid;
  • we are required to do so by law, platform rules, vendor requirements, service provider requirements, or court order;
  • continuing to provide the service is no longer commercially or operationally reasonable.

You may stop using OctoWealth at any time. You may also request account deletion as described in these Terms and the Privacy Policy.

Termination does not relieve you of obligations that arose before termination.

Sections that by their nature should survive termination will survive, including sections related to intellectual property, feedback, open source software, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, class action waiver, governing law, user data retention exceptions, and payment obligations.

30

Disclaimers

OctoWealth is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, OctoWealth disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and uninterrupted operation.

OctoWealth does not warrant that:

  • the app will meet your needs;
  • the app will be uninterrupted, secure, accurate, complete, or error-free;
  • financial data will be accurate, current, complete, or available;
  • insights, forecasts, budgets, reports, simulations, or categorizations will be accurate;
  • defects will be corrected;
  • Plaid connections will always work;
  • financial institutions will support or continue supporting connectivity;
  • app-store subscriptions will function without interruption;
  • payment providers will operate without interruption;
  • AWS, Plaid, Apple, Google, Stripe, Sentry, Atlassian, financial institutions, data providers, or other service providers will operate without issue;
  • using OctoWealth will improve your finances, reduce debt, increase savings, improve credit, improve investment performance, or produce any particular financial result.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

31

Limitation of Liability

To the maximum extent permitted by law, OctoWealth and its owners, members, managers, directors, officers, employees, contractors, agents, affiliates, service providers, licensors, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, punitive, or similar damages, including lost profits, lost revenue, lost savings, lost data, business interruption, loss of goodwill, financial loss, investment loss, credit impact, account fees, overdraft fees, late fees, tax consequences, or cost of substitute services, even if advised of the possibility of such damages.

To the maximum extent permitted by law, OctoWealth’s total liability for any claim arising out of or relating to these Terms or OctoWealth will not exceed the greater of:

  • the amount you paid to OctoWealth for the service during the 12 months before the event giving rise to the claim; or
  • $100.

The limitations above apply to all claims, whether based on warranty, contract, statute, tort, negligence, strict liability, or any other legal theory.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

32

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless OctoWealth and its owners, members, managers, directors, officers, employees, contractors, agents, affiliates, service providers, licensors, and partners from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • your use of OctoWealth;
  • your violation of these Terms;
  • your violation of applicable law;
  • your violation of another person’s rights;
  • your unauthorized access to or use of financial accounts;
  • your data or content;
  • your fraud, misconduct, negligence, or misuse of the app;
  • your financial decisions made using or relying on OctoWealth;
  • your breach of any representation or warranty in these Terms.

We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

33

Dispute Resolution; Informal Resolution First

Please contact us first if you have a concern. Most issues can be resolved by contacting:

support@octowealthapp.com

Before either party starts arbitration or a court proceeding, you and OctoWealth agree to first try to resolve the dispute informally.

A party seeking to bring a claim must send written notice describing the claim, the relief sought, and the information reasonably necessary to evaluate the claim. Notices to OctoWealth must be sent to:

support@octowealthapp.com

If the dispute is not resolved within 30 days after notice is received, either party may proceed as permitted below.

34

Arbitration Agreement

You and OctoWealth agree that any dispute, claim, or controversy arising out of or relating to these Terms, OctoWealth, your account, your subscription, your data, or your use of the app will be resolved by binding individual arbitration, rather than in court, except as stated below.

This arbitration agreement applies to claims based on contract, tort, statute, fraud, misrepresentation, consumer protection, negligence, privacy, data security, or any other legal theory.

The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, unless another arbitration provider or procedure is required by law or agreed by the parties.

The arbitration will be conducted in English.

The arbitration will take place in Virginia, remotely by video or telephone, or based on written submissions, as determined under the applicable arbitration rules and the arbitrator’s authority.

The arbitrator will have authority to decide all issues, including arbitrability, except where applicable law requires otherwise.

The arbitrator may award the same individual relief that a court could award, but only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

You and OctoWealth waive the right to a jury trial.

35

Exceptions to Arbitration

Either party may bring an individual claim in small claims court if the claim qualifies.

Either party may seek injunctive or equitable relief in court to prevent unauthorized use, misuse, infringement, security threats, or abuse of intellectual property, confidential information, systems, accounts, data, or services.

Nothing in these Terms prevents you from bringing concerns to a government agency or regulator where applicable law gives you that right.

36

Class Action Waiver

To the maximum extent permitted by law, you and OctoWealth agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class action, collective action, consolidated action, private attorney general action, or representative proceeding.

The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding.

If this class action waiver is found unenforceable with respect to a particular claim, that claim must proceed in court and not in arbitration, unless otherwise required by law.

37

Opt-Out of Arbitration

You may opt out of the arbitration agreement by sending written notice to:

support@octowealthapp.com

Your opt-out notice must include your name, the email address associated with your OctoWealth account, and a clear statement that you opt out of the arbitration agreement in the OctoWealth Terms of Service.

To be effective, your opt-out notice must be sent within 30 days after you first accept these Terms.

Opting out of arbitration does not affect any other part of these Terms.

38

Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law principles, except to the extent federal law or another state’s mandatory consumer protection law applies.

If any dispute proceeds in court instead of arbitration, you and OctoWealth consent to the exclusive jurisdiction and venue of the state and federal courts located in Virginia, unless applicable law requires otherwise.

39

Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice by email, in-app notice, app update notice, posting updated Terms, or another reasonable method.

The updated Terms will become effective when posted or as otherwise stated in the notice.

Your continued use of OctoWealth after the updated Terms become effective means you accept the updated Terms.

If we make changes that require renewed consent, we may ask you to review and accept the updated Terms before continuing to use certain features.

If you do not agree to updated Terms, you must stop using OctoWealth and may delete your account.

40

Changes to the App

We may modify, update, suspend, discontinue, or replace all or part of OctoWealth at any time.

We may also modify or remove features, change subscription plans, change pricing, restrict access, impose usage limits, or discontinue support for certain devices, operating systems, integrations, financial institutions, or service providers.

We are not liable for any modification, suspension, discontinuation, or removal of features, except where prohibited by law.

41

Force Majeure

OctoWealth will not be liable for delays, failures, interruptions, or inability to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet failures, cloud provider outages, financial institution outages, Plaid outages, app store outages, payment processor issues, market data provider issues, government actions, cyberattacks, power failures, supply chain issues, or other events beyond our control.

42

Assignment

You may not assign or transfer these Terms, your account, or your rights or obligations under these Terms without our prior written consent.

OctoWealth may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate transaction, change of control, or by operation of law.

43

Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

44

No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision later.

45

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms, consents, or disclosures that apply to specific features, constitute the entire agreement between you and OctoWealth regarding your use of the app.

These Terms supersede any prior or contemporaneous agreements, communications, or understandings regarding OctoWealth.

46

Contact

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

OctoPath LLC d/b/a OctoWealth Email: support@octowealthapp.com Website: https://octowealthapp.com