Terms of Service

1. Acceptance of these Terms

These Terms of Service (the "Terms") are a binding contract between you and LBYM Labs, Inc., a Delaware corporation ("LBYM Labs," "KeepYours," "we," "us," or "our"), governing your access to and use of the KeepYours website at keepyours.com, the KeepYours mobile and web applications, and all related features, content, and services (together, the "Service").

By creating an account, clicking "I agree" (or a similar button), connecting a financial account, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

You represent that you are entering into these Terms on your own behalf and that all information you provide is accurate and complete.

2. What KeepYours Is — and What It Is Not

KeepYours is a personal finance information and alerting tool. It connects to your financial accounts on a read-only basis through our data-aggregation provider (currently Plaid, with the possibility that we may add additional or substitute providers in the future) and is designed to provide you easy access to information that can help you anticipate and avoid avoidable fees — such as overdraft, non-sufficient-funds (NSF), and late fees. The Service may, among other things:

• monitor your linked accounts and transactions to detect fees and predict upcoming bills and potential cash shortfalls;
• send you alerts before a predicted shortfall or fee, so you can act in time;
• provide informational guidance, including suggested steps to move your own money and scripts you may use to request a fee waiver from your own financial institution;
• compare your spending against general benchmarks and surface insights; and
• where you ask us to, surface third-party options (such as earned-wage-access providers, credit unions, or community lenders) that may help you bridge a shortfall.

KeepYours is not a bank, lender, money transmitter, broker-dealer, investment adviser, credit repair or credit services organization, financial institution, consumer reporting agency, data furnisher or financial, legal, or tax advisor. The Service is a software-based application designed to provide you more centralized access to your own financial information along with other general information and tools to help you make your own decisions. We do not provide individualized financial, investment, legal, or tax advice, and nothing in the Service should be relied upon as such. You are solely responsible for your financial decisions and for any payments, transfers, or disputes you choose to make.

KeepYours connects to your other accounts through Plaid on a read-only basis, and does not move money on your behalf or provide functionality within the Service to move or transfer money or take other actions related to your financial accounts. You initiate every transfer or payment yourself, in your own bank or wallet app.

3. Eligibility

To use the Service, you must (a) be at least 18 years old, (b) be a resident of the United States, (c) have the legal capacity to enter into a binding contract, and (d) not be barred from using the Service under applicable law. The Service is intended for personal, non-commercial use. By using the Service, you represent and warrant that you meet these requirements. We do not knowingly permit anyone under 18 to use the Service.

4. Your Account and Security

• You must provide accurate, current, and complete information when you register, and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
• You may not share your account, or let anyone else use it.
• You must notify us promptly at support@keepyours.com if you suspect any unauthorized access to or use of your account.

5. Connecting Your Financial Accounts

You may link bank, credit union, and other financial accounts to the Service. Account linking is powered by Plaid Inc. ("Plaid") When you connect an account you are presented the specific data types and use purposes for your consent, you authorize Plaid and KeepYours to access, receive and use the account information described these Terms, in our Privacy Policy and in any disclosures provided within the Service on a read-only basis — for example, account names, balances, and transaction history. We do not receive or store your online-banking username or password.

By connecting an account, you also agree to Plaid's End User Services Agreement and Privacy Policy , which govern how Plaid collects and handles data between you, your institution, and us.

You represent that you are authorized to link any account you connect and to share its information with us. You may disconnect a linked account at any time through the Service or by contacting us; any such disconnection revokes Plaid's authorization for that institution and KeepYours' access to new data from that institution, which may limit or disable features that depend on that connection. The accuracy and timeliness of information the Service is designed to provide depend on the data we receive from Plaid and your institutions, which we do not control.

6. Free Trial

New users may be offered a 30-day free trial of the Service. No payment method is required to start the trial. During the trial you have access to the trial features we describe at sign-up. We may change or discontinue trial offers, or determine eligibility for them, at any time.

What happens at the end of the trial. Because we do not collect a payment method at sign-up, your trial will not automatically convert into a paid subscription. If you do not subscribe, your access to paid features will pause when the trial ends; we will not charge you. You can subscribe at any time by adding a payment method.

7. Subscription, Billing, Auto-Renewal, and Cancellation

7.1 Price and billing

The KeepYours subscription is offered at the price shown to you at the point of purchase, subject to change as provided in Section 7.5 below. Subscriptions are billed in advance through our payment processor, Stripe. By subscribing, you authorize us, through Stripe, to charge your selected payment method the subscription fee plus any applicable taxes, on a recurring basis, until you cancel.

7.2 Automatic renewal

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. Unless you cancel before the end of the then-current billing period, your subscription will renew for successive periods of the same length, and we will charge your payment method the then-current fee for each renewal. You consent to these recurring charges until you cancel.

7.3 How to cancel

You may cancel at any time without penalty, directly in the Service (Settings → Subscription), using the same mechanism you used to subscribe. We will not condition cancellation on speaking with a representative or on any other obstacle. Any such cancellation will take effect at the end of the billing period during which you cancel, you will still have access to paid features prior to the effective date of the cancellation. We will not require you to repay any amount, close your account, or take any other step in order to cancel.

7.4 Refunds

Except as required by law or app-store rules, subscription fees are non-refundable, and we do not provide refunds or credits for partial billing periods, early cancellations, or unused features.

7.5 Price changes

We may change subscription pricing. If we do, we will give you advance notice by email or through the Service and, where required by law, obtain your consent, before the new price applies to you. Any such change will take effect on your next billing period after the notice period. If you do not agree, you may cancel before the change takes effect.

7.6 Failed payments

If a charge fails, we (through Stripe) may retry it and may suspend or downgrade your access until payment succeeds. You are responsible for keeping a valid payment method on file.

8. Purchases Through App Stores

If you subscribe through a third-party app store (such as the Apple App Store or Google Play), that store — not KeepYours — processes your payment, and your subscription, billing, auto-renewal, and cancellation are also subject to that store's terms. To cancel a subscription purchased through an app store, you generally must do so through your account settings with that store. Where an app store's terms conflict with these Terms as to billing and cancellation for purchases made through it, the app store's terms control for that purchase.

9. Electronic and Other Communications, Email, and SMS

By creating an account and agreeing to these Terms, you are providing your express written consent to receive communications from us (or third-party service providers acting on our behalf) electronically — including service and transactional messages such as fee alerts, low-balance and shortfall warnings, security notices, reconnect prompts, and changes to your subscription or these Terms — regardless of your registration of your mobile device number on any state or federal "do not call" registry. These service messages are part of the Service and are not promotional; you cannot opt out of them while you maintain an account, though you can choose your delivery channels where we offer that choice. You agree that we may contact you regarding matters related to your account by any means you have provided us, and that we can contact you outside of normal business hours notwithstanding any contrary provision of state law.

9.1 Marketing communications

With your permission where required, we may send promotional emails (such as trial reminders, product updates, and feature announcements). You can opt out of marketing emails at any time using the unsubscribe link or your in-app preferences. Opting out of marketing does not stop service messages.

9.2 SMS / text messages

Consent. If you provide a mobile number and opt in, you agree to receive recurring automated text messages from KeepYours at that number — such as fee and shortfall alerts and, if you separately opt in, account or marketing messages. Consent to receive marketing texts is not a condition of purchasing or using the Service.

Rates, frequency, opt-out, help. Message and data rates may apply, and message frequency varies. You can opt out at any time by replying STOP to any text, and you can get help by replying HELP or contacting us. After you text STOP, we may send one confirmation message. Carriers are not liable for delayed or undelivered messages.

Your responsibilities. You represent that the mobile number you provide is yours and that you will tell us if it changes or is reassigned. Standard carrier terms apply; supported carriers may change.

10. Acceptable Use

You agree not to:

• use the Service for any unlawful, fraudulent, or unauthorized purpose, or in violation of these Terms;
• access or attempt to access another person's account or any data you are not authorized to access;
• reverse engineer, decompile, scrape, or attempt to extract source code or data from the Service, except to the extent this restriction is prohibited by law;
• introduce malware, or interfere with, disrupt, or place undue load on the Service or its infrastructure;
• use bots or automated means to access the Service in a way that impairs its operation;
• impersonate any person or entity, or misrepresent your affiliation; or
• use the Service to violate the rights of others or any applicable law or regulation.

11. Intellectual Property; License

The Service, including its software, design, text, graphics, and the KeepYours and LBYM Labs names and logos, is owned by LBYM Labs or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use in accordance with these Terms. We reserve all rights not expressly granted.

11.1 Your feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

12. Third-Party Services and Partners

The Service relies on and may link to third parties — including Plaid (account connections), Stripe (payment processing). We do not control these third parties and are not responsible for their products, services, content, terms, or privacy practices. Any dealings you have with a third party, including any financial product you obtain through a partner, are solely between you and that third party. We do not access or receive any consumer reports subject to the Fair Credit Reporting Act (FCRA), nor do we furnish any data to any consumer reporting agency (as defined in the FCRA).

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT FEE OR SHORTFALL DETECTION WILL BE COMPLETE OR ACCURATE; THAT ANY INFORMATION WILL BE DELIVERED IN TIME OR AT ALL; OR THAT USING THE SERVICE WILL PREVENT ANY FEE OR RESULT IN ANY SAVINGS. THE SERVICE DEPENDS ON DATA FROM THIRD PARTIES AND ON FACTORS OUTSIDE OUR CONTROL. YOU ARE RESPONSIBLE FOR VERIFYING YOUR OWN BALANCES AND DUE DATES AND FOR MAKING YOUR OWN PAYMENTS AND TRANSFERS.

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

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LBYM LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify and hold harmless LBYM Labs and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.

16. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1 Informal resolution first

Before starting an arbitration, you agree to first contact us at legal@lbymlabs.com and give us 30 days to resolve the dispute informally. Most concerns can be resolved this way.

16.2 Agreement to arbitrate

If we cannot resolve a dispute informally, you and LBYM Labs agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except as stated in Section 16.5. This agreement to arbitrate is governed by the Federal Arbitration Act.

16.3 Arbitration provider and rules

The arbitration will be administered by the American Arbitration Association, under its then-current consumer arbitration rules. The arbitration will take place in the county of your residence, or by video or phone where available. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

16.4 Class-action and jury-trial waiver

YOU AND LBYM LABS 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND LBYM LABS WAIVE ANY RIGHT TO A JURY TRIAL.

16.5 Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or confidential information. Nothing here prevents you from filing a complaint with a government agency.

16.6 Your right to opt out of arbitration

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@lbymlabs.com with your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms or your use of the Service.

17. Suspension and Termination

You may stop using the Service and delete your account at any time through the Service. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, to protect the Service or other users, or as required by law. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including Sections 11, 13, 14, 15, 16, and 18 — will survive. Our handling of your data after termination is described in our Privacy Policy.

18. Governing Law and General Terms

18.1 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 16, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

18.2 Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app and update the "Last updated" date. Changes take effect on the date stated in the notice. Your continued use of the Service after that date means you accept the updated Terms. If you do not agree, you must stop using the Service.

18.3 Assignment

You may not assign these Terms without our consent. We may assign them, including in connection with a merger, acquisition, or sale of assets.

18.4 Entire agreement; severability; waiver

These Terms and the documents they incorporate are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver.

18.5 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of third-party services, network failures, or acts of God.

18.6 Contact

Questions about these Terms? Contact us at legal@lbymlabs.com.

LBYM Labs, Inc.
5000 Plaza on the Lake, Suite 100
Austin, TX 78746