Terms of Use

Effective date: January 16, 2015

Welcome to TXN. Please read on to learn more about the services accessed at txn.com (collectively, the “Services”) and about the rules and restrictions that govern use of the Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@txn.com.

These Terms of Use (these “Terms”) are a binding contract between you and TXN Solutions, Inc. (“TXN,” “we” and “us”). You must agree to and accept all of these Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and your use is governed by them. These Terms include the provisions in this document as well as those in our Privacy Policy.

Description of the Services

The Services allow you to submit information about yourself, your purchasing preferences, and your purchasing history to us so that we may aggregate that data and provide it to our customers, who include merchants, manufacturers, and others. You may use the Services to submit information to us through surveys that you complete online, by allowing the Services to programmatically and automatically retrieve information from your bank or other financial institution over time, and in other ways that the Services enable. When using the Services you may become eligible for rewards.

Will these Terms ever change?

We constantly improve our Services, and these Terms and our Privacy Policy may change along with the Services. We reserve the right to change these Terms and our Privacy Policy at any time, but if we do, we will bring it to your attention by placing a notice on the txn.com website, by sending you an email, or by some other means.

If you don’t agree to changes to these Terms or our Privacy Policy, you are free to reject them. Unfortunately, if you reject them, you are no longer permitted to use the Services. If you use the Services in any way after notice, including by continuing to allow us to retrieve information from your bank or other financial institution, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms or our Privacy Policy will be effective unless in writing signed by an authorized employee of TXN Solutions, Inc.

What about my privacy?

TXN takes the privacy of its users very seriously. You acknowledge and agree that TXN may use your information as permitted by its Privacy Policy.

The Children’s Online Privacy Protection Act (COPPA) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If you believe that a child under 13 may have provided us personal information, please contact us at support@txn.com.

What are the basic requirements of using the Services?

You represent and warrant that you are 18 or older and are a United States resident.

The Services require that you provide us with your email address. You acknowledge and agree that you control access to email at this address and that we may send you important information about your use of the Services, including information about these Terms, at the email address you provide to us.

You may be required to sign up for an account and select a password and user name. If so, the following applies. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select another person’s name as your username. You won’t share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with any account you create through the Services.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.

You acknowledge that the Services are owned by TXN and its licensors. All title and intellectual property rights in and to the Services are the property of the respective owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Except as expressly granted in these Terms, TXN does not grant any rights in the Services.

Use of the Services is subject to the following terms:

You won’t use or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including TXN);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your TXN account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (defined below), through use of manual or automated means;
  9. Copies or stores any significant portion of digital information from within the Services; or
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

If you violate any of the forgoing, your right to access and use the Services automatically terminates.

TXN is free to terminate (or suspend access to) your use of the Services or your account, for any reason, or no reason, in our discretion, including your breach of these Terms. TXN has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

What permissions do I give TXN?

All information you submit into the Services, including, for example, your responses to survey questions, the banking and other financial information that you permit the Services to programmatically retrieve from banks and other institutions, and any feedback, suggestions, improvements, or enhancements you may provide to us (in an email, in forums, or otherwise) are your “User Submissions.” You grant TXN a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferrable, and sublicenseable right to use and exercise all rights in User Submissions but only in a manner that is consistent with our Privacy Policy. You promise that you have all rights necessary to provide us with your User Submissions in the manner in which you submit them.

The permission you grant to use User Submissions will continue even after you or we discontinue your use of the Services. This means that if you permit your bank statements and other financial information to be programmatically retrieved by the Services, then all such information may for all time after retrieval be used by us in any manner consistent with our Privacy Policy.

The permissions you grant us above allow us to sell data submitted by you after it has been anonymized and aggregated, and to do so without compensation to you other than the rewards that we may explicitly offer you. This sale of data is an important part of our business.

You permit us to contact you with news, information, and offers related to the Services, for example, surveys and requests to connect additional bank accounts.

Will TXN ever change the Services?

We may suspend or discontinue any part of the Services, and we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, which may happen without notice to you.

How do I opt-out of the Services?

If you do not want to receive requests to participate in surveys or receive information about other TXN opportunities, then unsubscribe by sending an email message to unsubscribe@txn.com.

If you want to stop using the Services completely, then opt-out of the Services by sending an email message to opt-out@txn.com. After you opt-out of the Services, TXN will not retrieve new information from your bank and other financial institutions.

Please refer to the permissions above and to our Privacy Policy to understand how we continue to use your User Submissions after you opt-out.

What else do I need to know?

Infringement Notices. TXN will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, 17 USC 512(c)(2) (DMCA) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and making good-faith attempts to contact the user who posted the content at issue so that he or she may, where appropriate, make a counter-notification. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted by TXN, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to the TXN Copyright Agent at TXN Solutions Inc. 612 Howard St, Suite #300, San Francisco, CA 94105.

Warranty Disclaimer. THE SERVICES ARE PROVIDED BY TXN AND ITS LICENSORS AND SUPPLIERS ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TXN OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $1000, OR (C) ANY MATTER BEYOND THEIR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold TXN, its affiliates, and their officers and employees harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services and (b) your violation of these Terms.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or any Services account, in any way (by operation of law or otherwise) without TXN’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the TXN may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TXN agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TXN, and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.