Alice Terms of Use

Last Updated: 12 Feb 2015

Introduction

This is who we are and some general legal stuff about being bound by the terms below.
The following terms and conditions (the “Agreement”) govern all use of the “Alice” website located at www.ThisIsAlice.com (the “Service”), whether accessed by computer, tablet, or mobile device. The Service is provided to you by This Is Alice, Inc. (“Alice,” “Us,” “We,” or “Our”). The Service is subject to your (“User,” “You,” or “Your”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. Some features provided by Alice may be subject to different or additional terms or conditions (such as purchase or lending agreements). To the extent they conflict with this Agreement, such different or additional terms and conditions will control.
Alice reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. You will be notified of such changes by email, account notification, or a notice posted on the Service. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
You hereby certify to Alice that You are at least 13 years of age. In jurisdictions where 13 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certify that You are otherwise legally permitted to use the Service.

 

Scope

This is what Alice is. (Hint: It’s awesome!)
Research shows that people with more money and better credit pay less – even for basic necessities like food and transportation. We don’t think that’s fair. Alice is creating new financial products and services for people with low incomes or limited credit histories. We’re starting with products that will save our customers money on everyday things, while building credit.

 

Restrictions

This is stuff you shouldn’t do!
You shall not, nor permit anyone else to, directly or indirectly:

  1. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
  2. modify or create derivatives of any part of the Service;
  3. rent, lease, or use the Service for any commercial purpose;
  4. remove or obscure any proprietary notices on the Service;
  5. use the Service for any unlawful purpose;
  6. access any Alice product or service not explicitly permitted by these terms;
  7. send unwanted messages or emails (i.e., “spam”) to Alice’s users;
  8. use domain names or web URLs in Your username without Our prior written consent;
  9. interfere or disrupt the Service in any way; or
  10. access the Service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.

As between the parties, Alice shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

In the event You submit any information to the Service (such as during the registration process), You represent and warrant that You have full right and authority to do so – and that such information is complete and accurate. You are responsible for all activity that occurs on Your Service account (and You must not share Your log-in details with anyone).

 

User Content

To the extent you submit content to Alice you must have the legal right to do so. This section explains what kind of content you can submit and how we can use it.
The Service permits You to submit images, text and other content (“User Content”). Except for the licenses You grant below, User Content submitted by You (“Your Content”) is owned by You. By submitting Your Content, You grant Alice the following rights and licenses:
  • For all Your Content, You hereby grant Alice a license to translate, modify (for technical purposes, for example making sure Your Content is viewable on mobile devices as well as a computer) and reproduce and otherwise act with respect to Your Content, in each case to enable Us to operate the Service, as described in more detail below.
  • If You store Your Content in Your own personal Service account, in a manner that is not viewable by any other user except You, You grant Alice the license above, as well as a license to display, perform, and distribute such content for the purpose of making it accessible to You.
  • If You share Your Content only in a manner that only certain specified users can view (for example, a private message to one or more other users), then You grant Alice the licenses above, as well as a license to display, perform, and distribute such content for the purpose of making it accessible to such other specified users. Also, You grant such other specified users a license to access that content, and to use and exercise all rights in it, as permitted by the functionality of the Service.
  • If You share Your Content publicly via the Service and/or in a manner that more than just You or certain specified users can view, or if You provide Us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), then You grant Alice the licenses above, as well as a license to display, perform, and distribute such content and Feedback for the purpose of making it accessible to all Service users, as well as all other rights necessary to use and exercise all rights in that content and Feedback in connection with the Service and/or otherwise in connection with Our business for any purpose. Also, You grant all other users of the Service a license to access such public content, and to use and exercise all rights in it, as permitted by the functionality of the Service.
You agree that the licenses You grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when You cancel Your Service account, We will stop displaying Your Content (other than Your Content that was made publicly available as described above, which may remain fully available) to other users (if applicable), but You understand and agree that it may not be possible to completely delete that content from Our networks and systems, and that Your Content may remain viewable elsewhere to the extent that they were copied or stored by other users. In addition, Your Content that may be downloaded or saved by other users—such as Your Content that You send in a message to a friend—may be retained by the recipient users to the extent so downloaded.

 

User Content Restrictions

You must not submit any content that is: pornographic (or contains nudity), unlawful, offensive, threatening, racist, libelous, defamatory, obscene or otherwise objectionable or violates any third party’s intellectual property rights, or rights of privacy or publicity.
In connection with Your Content, You affirm, represent, and warrant that (and that You can and will demonstrate to Alice’s full satisfaction upon its request that):

  1. You have all necessary rights, licenses, consents and waivers to grant all of the rights and licenses You grant above,
  2. Your Content does not violate any laws or regulations, and
  3. Your Content does not infringe or otherwise violate any third party rights (including, without limitation, intellectual property rights, and the rights of publicity and privacy).
You are solely responsible for Your Content and the consequences of posting or publishing or sharing. You agree that Alice has no liability with respect to any User Content, including, without limitation, Your Content, and You hereby irrevocably release Alice and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to any and all User Content. Alice reserves the right to decide whether User Content is inappropriate or violates this Agreement. Alice may remove any User Content at any time—in its discretion—with or without notice.

 

General Content

You can use content on Alice only for purposes of using Alice for the purpose for which it is provided.
You agree that the Service contains information and other content specifically provided by Alice or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Alice in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, Alice hereby grants You a limited, revocable, non-sublicensable license to reproduce and display such content (excluding any software code), provided that You retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Alice.

 

Warranty Disclaimer

We disclaim all legal warranties with respect to Alice.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALICE AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS. IN ADDITION, ALICE AND ITS LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY USER CONTENT. YOU ACCESS, DOWNLOAD AND USE USER CONTENT AT YOUR OWN RISK. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Limitation of Liability

Our legal liability is limited in a number of ways.
IN NO EVENT SHALL ALICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT FOR: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE OR ANY OF ALICE’S SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) ANY DAMAGES CAUSED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, OTHER USERS, (V) ANY DAMAGES CAUSED BY MATTERS BEYOND ALICE’S REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), (VI) ANY DAMAGES CAUSED BY ANY USER CONTENT, OR (VII) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Indemnity

You need to protect us in case Your use of Alice or any of the content You submit causes harm.
You shall indemnify and hold harmless Alice and each of its affiliates, partners, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or in connection with (i) Your breach of this Agreement, or (ii) any of Your Content (including, without limitation, with respect to the violation of any third party intellectual property rights, or rights of privacy or publicity). Alice reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Alice in asserting any available defenses.

 

Termination

You can terminate at any time, and so can We, but that doesn’t mean You don’t have to pay Us whatever You owe Us.
If You want to terminate this Agreement, You must cancel Your Service account. You can cancel Your account by emailing hello@thisisalice.com. Alice may terminate or suspend Your access to the Service at any time, with or without cause. Upon termination, You will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and disputes resolutions provisions. You understand and agree that upon such termination You will pay all outstanding fees You owe Us and that We may seek repayment in any number of ways, including through third-party debt collectors.

 

Privacy

We take privacy seriously, so please check out our Privacy Policy!
Alice takes the privacy of its users very seriously. We strongly urge You to review our Privacy Policy. If You have any questions or concerns about how We use Your personal information, the answers should be in the policy. If not, the policy contains Our contact information, so You can reach out to Us with inquiries.

 

Copyright Policy

This is what you should do if you think any content on Alice is violating your intellectual property rights.
Alice takes the protection of intellectual property rights very seriously. If You believe that any content on the Services is infringing any copyright You own or control, please contact us at hello@thisisalice.com.

 

Dispute Resolution

If a dispute ever arises between Us and You (which hopefully will never ever be the case!), here is how it will be dealt with. We prefer arbitration over court, but provide you with an option to opt out of it.
Let’s Try To Work It Out. Ideally, if You have any concerns or complaints against Alice, We would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Alice, You agree to try to resolve the dispute informally by contacting hello@thisisAlice.com. Alice will attempt to resolve the dispute informally (and will contact You via email). If a dispute is not resolved within 15 days of submission, You may bring a formal proceeding.
Arbitration. Any disputes that are not settled informally shall be settled by binding arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement between You and Alice. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in New York, New York using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “General” section below) at any time.
Opt-out of agreement to arbitrate. You can decline this agreement to arbitrate by notifying Alice in writing within 30 days of the date that You first become bound by this Agreement. Your opt-out request must be sent to: This Is Alice, Inc. (ATTN: Arbitration Opt-out), PO Box 150573, Brooklyn NY 11215. You must include Your name and residence address, the email address You use for Your Service account, and a clear statement that You want to opt-out of this arbitration agreement.
No Class Actions. You may only resolve disputes with Alice on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. This paragraph will not apply to the extent prohibited by applicable law.
Going to Court. Subject to the arbitration provision above, You agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in New York, New York. You hereby submit to such jurisdiction and venue.

 

General

These are the rest of our terms. Stuff dealing with how this Agreement should be read, what laws apply, etc.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Alice shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Alice’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Alice’s prior written consent. Alice may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York, as if made within New York between two residents thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.

 

Electronic Fund Transfers (“EFTs”) and Account Balances

By creating an account with This is Alice, Incorporated and initiating bank deposits or withdraws (i.e. EFTs), you agree to the terms of service and privacy policy of our financial software provider, Synapse, and Synapse financial institution partner’s Terms of Service & Privacy Policy (“Synapse TOS”) which are incorporated herein by reference. Terms not defined in this section shall be defined in Synapse TOS.
We have partnered with Synapse, a financial services software company, to offer you pre-tax spending for healthcare, in the form of a Health Savings Account or a Flexible Savings Account. When you sign up for an account with our Platform, you will also be be signing up for a Synapse User Account (as defined in SynapseFI TOS). You authorize us to share your identity and banking information with Synapse to open and support your User Account as further detailed in our Privacy Policy and Synapse’s Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with Synapse TOS when using your User Account. It is your responsibility to read and understand Synapse TOS as it contains terms and conditions relating to your Synapse user account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and binding arbitrations provisions.
When you open a Synapse User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your Synapse User Account. Deposits into your User Account are held at Synapse’s financial institution partners as detailed in Synapse TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSE MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.
All EFT transactions are performed by and deposits are held by Synapse financial institution partner. This is Alice, Incorporated and Synapse only transmit transaction instructions to Synapse financial institution partner. This is Alice, Incorporated will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your Synapse User Account ad detailed below.

Transactions History and Disputes

All questions regarding EFT transactions or your Synapse User Account must be directed to support@thisisalice.com or 347.308.6063 and not to Synapse or its financial institution partners. This is Alice, Incorporated is responsible for resolving issues and errors relating to transactions and account balances. If you wish to make a financial service complaint against This is Alice, Incorporated, you may email issues@synapsefi.com.