Terms of Service | Open Wallet Finance

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Open Wallet Finance LLC ("Company," "we," "our," or "us"), a New Mexico limited liability company, governing your access to and use of The Open Wallet application and all related services (collectively, the "Service").

By creating an account, clicking "I agree," initiating a free trial, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility & Account Registration

2.1 Age Requirements

You must be at least 13 years of age to use the Service. If you are between 13 and 17 years of age, you represent that you have obtained verifiable parental or legal guardian consent to use the Service and that your parent or guardian has reviewed and agreed to these Terms on your behalf.

We do not knowingly permit children under the age of 13 to create accounts or use the Service. If we discover that a user is under 13, we will immediately terminate that account and delete all associated data in accordance with our Privacy Policy and the Children's Online Privacy Protection Act (COPPA).

2.2 Account Requirements

To use the Service, you must:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access to your account
Accept all responsibility for activities that occur under your account

You may not create more than one account per person or transfer your account to another person without our written consent.

3. Financial Information Disclaimer — Not Financial Advice

IMPORTANT LEGAL NOTICE

Open Wallet Finance is a financial information, wellness, and educational tool only.

Nothing in this application — including but not limited to AI-generated coaching, financial age scores, budget recommendations, rewards optimization suggestions, transaction categorizations, spending analyses, or any other feature — constitutes financial advice, investment advice, tax advice, legal advice, or any form of professional financial guidance.

Open Wallet Finance LLC is not a registered investment advisor, broker-dealer, financial planner, tax professional, or fiduciary. We do not hold any financial services license.

All information provided through the Service is for general informational and educational purposes only. You should not make financial, investment, tax, or other decisions based solely on information provided by the Service. Always consult a qualified and licensed financial professional, investment advisor, tax professional, or attorney before making any financial decisions.

Past financial performance and AI-generated projections are not indicators of future results.

4. Description of Service

Open Wallet Finance provides a financial wellness application that includes the following features:

Bank account linking and transaction aggregation via Plaid Inc.
AI-powered financial coaching and conversational guidance (for informational purposes only)
Budget creation, tracking, and management tools
Financial Age Score — a comparative wellness metric based on Federal Reserve benchmark data
Credit card rewards optimization and analysis
Financial goal setting and progress tracking
Spending analysis and transaction categorization
Weekly AI-generated financial summaries and recaps

The Service is provided on a subscription basis as described in Section 5. Features and availability may change at our discretion with reasonable notice.

5. Subscription, Pricing & Payment

5.1 Free Trial

New users are eligible for a 7-day free trial of the Service. No credit card is required to begin your free trial. At the end of the free trial period, you will need to provide payment information and select a subscription plan to continue using the Service. We reserve the right to modify or discontinue the free trial offer at any time.

5.2 Subscription Plans

The Service is offered under the following subscription plans:

Monthly Plan: $8.99 per month, billed monthly
Annual Plan: $69.99 per year, billed annually (approximately 35% savings versus monthly)

All prices are in United States Dollars (USD) and are inclusive of applicable features as described on our pricing page. We reserve the right to change subscription prices upon at least 30 days' written notice. Price changes will not affect your current billing period.

5.3 Billing & Payment

Subscription fees are processed through Stripe, Inc., our third-party payment processor. By providing payment information, you authorize us to charge your payment method on a recurring basis (monthly or annually, depending on your plan) until you cancel. All payments are non-refundable except as expressly stated in Section 5.5.

5.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@openwalletfinance.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of your paid period. No partial refunds are issued for unused portions of a subscription period.

5.5 Refund Policy

Subscription fees are generally non-refundable. We do not provide refunds or credits for partial subscription periods, unused features, or periods during which the Service was available but not used. In cases of documented technical failure on our part that results in complete inability to access the Service for more than 72 consecutive hours, we may, at our sole discretion, issue a prorated credit. Nothing in this policy is intended to limit any rights you may have under applicable consumer protection law, including the New Mexico Unfair Practices Act. If you believe you are entitled to a refund under applicable law, contact us at support@openwalletfinance.com and we will review your request in good faith.

5.6 Taxes

You are responsible for all applicable taxes associated with your subscription. We will collect applicable sales tax where required by law.

6. Third-Party Financial Data — Plaid Inc.

The Service integrates with Plaid Inc. ("Plaid") to enable you to connect your financial accounts and retrieve transaction and account data. By connecting a financial account through the Service, you agree to Plaid's End User Privacy Policy (available at plaid.com/privacy) and authorize us to receive and process your financial data through Plaid's platform on your behalf.

Important terms regarding your financial data:

We receive read-only access to your financial data. We cannot initiate transactions, move money, or modify your financial accounts.
Your bank credentials (username and password) are entered directly into Plaid's secure interface. We never receive, store, or have access to your banking login credentials.
Plaid access tokens (which allow us to retrieve your data) are stored server-side only, encrypted at rest, and are strictly bound to your account.
You may revoke our access to your financial accounts at any time by disconnecting accounts within the Service or by contacting us.
Financial data is used solely to provide the features of the Service and is not sold to third parties.

7. Artificial Intelligence Features

The Service uses artificial intelligence technology, including models provided by Anthropic, PBC ("Anthropic") and Google, to power conversational coaching, budget recommendations, transaction categorization, and other features. By using AI-powered features, you acknowledge and agree that:

AI-generated content is for informational purposes only and does not constitute financial advice. See Section 3.
AI responses may contain errors, omissions, or inaccuracies. You should independently verify any important financial information.
Your conversations with the AI advisor are processed by Anthropic's API. Anthropic operates under a zero-data-retention policy for API usage, meaning your conversation content is not stored or used to train AI models by Anthropic.
In the event of service interruptions with our primary AI provider, we may route requests to an alternative AI provider (currently Google Gemini). Alternative provider usage is subject to that provider's terms and privacy practices.
You may not use AI features to generate content intended to deceive, defraud, or harm others.

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

Use the Service in any way that violates applicable federal, state, local, or international law or regulation
Attempt to gain unauthorized access to any portion of the Service or any systems connected to it
Circumvent, disable, or interfere with security-related features of the Service
Use automated tools, bots, or scripts to access or interact with the Service without our written consent
Reverse engineer, decompile, or disassemble any portion of the Service
Upload or transmit viruses, malware, or any other malicious code
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Use the Service to collect or harvest personal information of other users
Engage in any conduct that restricts or inhibits any other user from using the Service

We reserve the right to terminate your access to the Service immediately and without notice for any violation of this Acceptable Use Policy.

9. Intellectual Property

The Service and all of its content, features, and functionality — including but not limited to software, text, displays, images, graphics, logos, and the design, selection, and arrangement thereof — are owned by Open Wallet Finance LLC, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without our prior written consent.

"Open Wallet Finance," "The Open Wallet," and associated logos and marks are trademarks of Open Wallet Finance LLC. You may not use our trademarks without our prior written permission.

10. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

We implement industry-standard security measures to protect your data, including TLS encryption in transit and AES-256 encryption at rest. However, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security.

11. Account Termination & Data Deletion

11.1 Termination by You

You may close your account at any time by navigating to Settings > Close Account within the application and typing "delete my account" to confirm. Upon confirmed deletion, we will revoke all Plaid connections and permanently delete all associated data within 24 hours, as described in our Privacy Policy.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including for:

Violation of these Terms or our Acceptable Use Policy
Fraudulent, abusive, or illegal activity
Non-payment of subscription fees
Extended periods of inactivity (more than 12 consecutive months)

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections 3, 9, 12, 13, 16, 17, and 18 of these Terms survive termination.

12. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPEN WALLET FINANCE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINANCIAL DATA OBTAINED THROUGH PLAID MAY BE DELAYED, INCOMPLETE, OR INACCURATE. AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND MAY CONTAIN ERRORS. YOU ASSUME FULL RESPONSIBILITY FOR ANY RELIANCE ON INFORMATION PROVIDED BY THE SERVICE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN WALLET FINANCE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT PERMITTED, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless Open Wallet Finance LLC and its members, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use of the Service in a manner not authorized by these Terms
Your violation of any applicable law or the rights of any third party
Any information or content you provide to the Service

15. Third-Party Services & Links

The Service integrates with and relies upon third-party services, including Plaid Inc., Anthropic PBC, Google, Clerk, Supabase, Vercel, and Stripe. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of third-party services.

We are not affiliated with, endorsed by, or sponsored by any financial institution whose accounts you may connect through Plaid.

16. Governing Law & Jurisdiction

These Terms and any disputes arising out of or related to the Service or these Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law provisions.

Subject to the mandatory arbitration provision in Section 17, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you hereby consent to the personal jurisdiction and venue of such courts.

17. Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS

This section requires you to resolve most disputes with us through binding individual arbitration rather than in court. You are waiving your right to a jury trial.

17.1 Agreement to Arbitrate

Except for disputes that qualify for small claims court and except as otherwise provided in this Section, you and Open Wallet Finance LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with us — including disputes about the validity, enforceability, or scope of this arbitration agreement — shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

17.2 Arbitration Process

Arbitration shall take place in Bernalillo County, New Mexico, or by videoconference at your election. The arbitrator shall be selected in accordance with AAA rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Costs

AAA filing fees will be allocated in accordance with AAA Consumer Arbitration Rules. We will pay your share of arbitration fees for claims under $10,000 unless the arbitrator determines your claim is frivolous.

17.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights, or to address matters where irreparable harm would result from delay. Either party may also bring claims in small claims court if the claim qualifies.

17.5 Opt-Out

You may opt out of this arbitration agreement within 30 days of creating your account by sending written notice to support@openwalletfinance.com with the subject line "Arbitration Opt-Out" and your full name and account email address. Opting out does not affect any other provision of these Terms.

18. Class Action Waiver

CLASS ACTION WAIVER

YOU AND OPEN WALLET FINANCE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

If a court or arbitrator decides that applicable law precludes enforcement of this waiver as to any particular claim or remedy, then that claim or remedy — and only that claim or remedy — shall be severed from the arbitration agreement and may be pursued in court. All other claims shall remain subject to arbitration.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new "Last Updated" date and, where required by law, by sending you an email notification or displaying a prominent in-app notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service and may cancel your subscription in accordance with Section 5.4.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Open Wallet Finance LLC regarding the Service and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

20.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, or failures of third-party internet or telecommunications providers.

20.6 No Financial Services

Open Wallet Finance LLC is a software company, not a bank, financial institution, money services business, or financial advisor. We do not hold, transmit, or manage your funds. We do not provide banking, brokerage, lending, insurance, or any other regulated financial services.

21. Contact Information

If you have questions, concerns, or complaints regarding these Terms or the Service, please contact us:

Open Wallet Finance LLC
1209 Mountain Road Pl NE Ste N, Albuquerque, NM 87110
Email: support@openwalletfinance.com
Subject line for legal matters: "Terms of Service Inquiry"

For account deletion requests, use the in-app process at Settings > Close Account. We do not process deletion requests by email.

This document does not constitute legal advice. Consult a qualified attorney for your specific situation.