In general, you can visit www.brightmoney.co without telling us who you are or revealing any information about yourself. However, when you use the App or our Services, register for an account with us, or add a Linked Account, we will collect personal information from you, such as your name, email address, mobile phone number, banking and credit card information, age, gender, location, address, date of birth, social security number, citizenship information, occupation status, and income source.
The personal information we collect may include the type of device in use, operating system, the device identifier, user's IP address, mobile network information, and standard web log information, such as your browser type, traffic to and from our App, the pages you accessed on our App, and other available information. We may also collect information about your use of our App.
If you are dissatisfied with any aspect of the services you have received from Bright Capital Inc, you can send a complaint to firstname.lastname@example.org. We will review the complaint and provide you with a response in writing.
Your use of the App is subject to the additional disclaimers and notices that may appear throughout the App. Neither Bright Money nor its representatives are engaged in rendering legal services, financial advice, or investment advice through the Services or the App.
Neither our Services nor the material on the App should be regarded as legal services, financial advice, investment advice, or an offer to sell, or a solicitation of an offer to buy, any securities of Bright Money or its affiliates.
Bright Money and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on the App. While we strive to keep the information on the App accurate, complete and up-to-date, Bright Money and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or the Services on the App.
Our Services, including the App, provide software tools and information to assist you in managing your finances and debt. We grant you access to the App during the term of this Agreement solely to receive the Services. You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from the Services or the App. You agree to provide true, accurate, and complete user information at all times, and to update such information upon our request. You will not access or attempt to access password protected, secure or non-public areas of the Services or the App, without our prior written permission. You will comply with all privacy laws.
The Services and the App are licensed (not sold) to end users. Subject to this Agreement, we grant to you a personal, non-exclusive, non-transferable, limited, and revocable license to access the Services and the App for your own personal use and not for any commercial or business purpose (“Your License”).
All materials on the Services and the App (as well as the organization and layout of the Services and the App) are owned and copyrighted, licensed by, or used with permission that is granted to Bright Money. No reproduction, distribution, or transmission of the copyrighted materials in the Services and the App are permitted without the prior written permission of Bright Money.
If you use the Services or the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your access device (such as your mobile device or computer), and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Services or the App is terminated, you will (i) stop using the Services and the App and any information obtained from the Services and the App, and (ii) destroy all copies of your account information, password and any information obtained from the Services or the App.
If you become aware of any unauthorized use of your account with us, you agree to notify us immediately at the email address: email@example.com.
The Services allow you to track and organize your credit card debt. The Services currently are provided to you by Bright Money without charge. Bright Money also offers paid subscriptions ("Premium Subscriptions") that allow you to access additional features in the App.
In order to enroll for the Services, you will need to sign up for an account with Bright Money on the App. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity, including, if requested, your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Bright Money cannot verify your identity, we can refuse to allow you to use the Services and the App.
Once you have established an account with us, you may link accounts or information as described below, and we will receive Account Information from the Data Aggregators (as defined below). We will analyze this Account Information and provide you a summary of our analysis so that can you develop a plan to make one or more payments on your credit card debt.
Bright Money is not a lender, advisor, broker, credit repair company, or credit reporting agency. Our Services are not sponsored or endorsed by any third party.
Bright Money does not guarantee that the Services or any of its features will always be free, and reserves the right, in its sole discretion, to change at any time the pricing and availability of the Services or any feature of the Services.
The Services are currently provided to you by Bright Money without charge. Bright Money also offers Premium Subscriptions for a fee. Premium Subscriptions allow you to unlock features and reporting unavailable through the basic Services ("Premium Features"). Details regarding Premium Subscriptions and Premium Features are available in the App, and are subject to change from time to time as set forth in this Agreement. Premium Subscriptions are available, at your choice, on a monthly or annual term, and pricing may differ based on your choice. Bright Money may change its pricing from time to time, and pricing updates will take effect at the beginning of your next term (i.e., the following month or the following year, depending upon the term you choose).
If you purchase a Premium Subscription, it will automatically renew for another term of the same length unless you cancel it before the current term runs out. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term, and the App will be downgraded to the free version (if any) available at that time. If no free version of the App is available on the effective date of your termination of your Premium Subscription, termination of your Premium Subscription will also terminate your access to the Services.
We are not obligated to review Account Information for any purpose, including accuracy, legality, or non-infringement. You agree that we and our Data Aggregator shall be entitled to rely on the foregoing authorization granted by you. If you wish to revoke the foregoing authorization for any Linked Account, you must unlink the account from the Services and, if no other Linked Account is provided by you, you may not be able to receive the Services.
You represent and warrant you are a legal owner of the Linked Account, or that you are authorized to provide us and our Data Aggregator with all Account Information and have the right to grant the permissions in this Agreement with respect to the Linked Account, and that Data Aggregator's exercise of its rights in this Agreement will not violate any applicable laws or third party rights.
You understand and agree that, in connection with our Services, you authorize us to send on your behalf information about you to one or more Data Aggregators and to obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian, and Equifax.
You understand that it is your responsibility to maintain sufficient funds in your Evolve Bank deposit account to fund and effect any payment instructions you may provide through the Service. Where transfers to and from your Evolve Bank deposit account result in overdrafts to your Evolve Bank deposit account, you acknowledge that you will be responsible for the overdraft and agree to restore your Evolve Bank deposit account to a positive balance and pay any associated fees and charges promptly. You understand that your failure to do so may result the suspension or termination of your use of or access to the Services.
You understand that it is your responsibility to review transactions in your Evolve Bank deposit account promptly.Transaction details will be available through the App, and through Evolve Bank directly. You understand that the availability of your transaction details through the App constitutes a "statement of account" for purposes of applicable law, and agree that you will report any unauthorized, incorrect, erroneous or altered transactions to Evolve Bank and us within ten days of such transaction details being reported in or available to you through the App. If you fail to report any unauthorized, incorrect, erroneous or altered transactions to Evolve Bank and us timely and in accordance with the preceding sentence for any reason, you will be deemed to accept the correctness and authenticity of the transaction and may be precluded from asserting any claim arising out of or relating to such transaction against Evolve Bank or us.
We may, from time-to-time and subject to this Agreement, make a third party's products and services available to you through the Services (the "Products"). The Services may provide Product listings, descriptions, and images of goods or services or related coupons or discounts, as well as references and links to such Product. Products may be made available for any purpose, including general information purposes. We do not control or endorse, nor are we responsible for, any Product, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of any Product, or any intellectual property rights in any Product. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Product. We have no obligation to monitor Products, and we may block or disable access to any Products through the Services at any time. In addition, the availability of any Products through the Services does not imply our endorsement of, or our affiliation with, any provider of such Product, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF ANY PRODUCT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH PRODUCT (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH PRODUCTS).
You agree that you will not disclose Confidential Information to any person and you will not use or permit the use of any Confidential Information except as necessary in connection with the Services and except as required by court order. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and ordinary care. "Confidential Information" means all information or material which: (i) is obtained from password protected portions of the App or (ii) which is (a) marked "Confidential," "Restricted,” or other similar marking, (b) known by the parties to be considered confidential, or (c) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
As a condition of your use of the Services or the App, you warrant to Bright Money that you will not use the Services or the App for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Services and the App automatically ends.
You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on the Services or the App, or accessed through the Services or the App. You may not republish Bright Money content or other content from the Services or the App, on another website or app or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the Services or the App. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access the App is virus free.
You must be an individual of at least 18 years of age and reside in the United States, on a United States military base, or in a United States territory in order to use the Service or the App. The Services and the App are controlled or operated (or both) from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. The Services and the App may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services or the App is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Services or the App’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose. Your right to access and use the Services and the App is personal to you and is not transferable by you to any other person or entity.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, THE SERVICES, AND THE FEATURES AND FUNCTIONS OFFERED VIA THE APP IS AT YOUR SOLE RISK. THE SERVICES AND THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIGHT MONEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP ARE ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEVICE, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING, DOWNLOADING OR OTHERWISE OBTAINING OF ANY SUCH MATERIAL.
Your access and use of the Services and the App may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or the App or other actions that Bright Money, in its sole discretion, may elect to take. In no event will Bright Money be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Without limiting the generality of the foregoing, you acknowledge and agree (i) our analysis of your Account Information may be incorrect, whether due to inaccurate information or otherwise, and is no substitute for your own independent judgment of whether, when or the degree to which you should pay any obligations you may owe; and (ii) your obligation to make payments timely is yours and not that of Bright Money. Bright Money's sole responsibility in connection with any payment instructions you provide through the App is to make commercially reasonable efforts to transmit those instructions to Evolve Bank in a reasonably prompt manner.The duty to make any such payment is yours and not Bright Money's, and Bright Money shall have no liability (to you or to any third party) for your failure to make any payment timely, regardless of whether you provide a payment instruction through the App or the Services.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for Bright Money to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services, or are-transmittal of any payment instruction.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIGHT MONEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR THE APP; (ii) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES OR THE APP AT ANY TIME OR FROM ANY LOCATION; (iii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR ON THE APP; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (vi) ANY OTHER MATTER RELATING TO SERVICES OR THE APP. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED $1,000.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF WARRANTIES OR LIABILITY MAY NOT APPLY TO YOU.
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of the Services or the App, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
We may choose to offer the opportunity for you to contribute your ideas, comments, questions, and other communications to or from the App (the "User Content") in message boards, chat rooms, email and other features of the App ("User Areas") that may be offered from time to time and may be operated by Bright Money or by a third party.
We may provide email discussion lists and interactive forums for the convenience of Bright Money, staff and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. Bright Money does not exert editorial control over information or materials posted by third parties in these areas or in materials that are emailed by third parties using email discussion lists. Bright Money is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all email discussion lists and interactive forums.
We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code or programming device affecting your software, hardware, data, or property.
You are solely responsibility for the content of any emails that you post to the lists or content that you post in interactive forums and you agree to indemnify and hold Bright Money, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys' fees) due to or arising out of your use of the list service or interactive forum or any information or materials provided on such list service or interactive forum.
You will not (nor cause any third party to) use the App to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:
transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
advertising or commercial content;
interfering with or disrupting the Services or the App;
disrupting the activities or enjoyment of the Services or the App for other users; or
collecting, or storing personal data about other users.
You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.
You acknowledge that User Content is not endorsed by Bright Money and such User Content should not be considered to have been reviewed, screened, or approved by Bright Money. You should exercise discretion before relying on information contained in User Content.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Services or the App, and remove any User Content from a User Area, at any time and for any or no reason. Bright Money will not be liable to you or any third party for any termination of your access to the App or deletion of any User Content on the Services or the App.
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Services or the App, or communicating with us through the internet or other electronic and wireless services. The Service and the App may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.
We are committed to making the Services and the App accessible to our customers and the public, including individuals with disabilities. Please direct accessibility-related inquiries to our Americans with Disabilities Act (”ADA”) coordinator by email at firstname.lastname@example.org to learn more about our accessibility support services. We use reasonable efforts to comply with WCAG 2.0 standards.
When you provide your mobile phone number, we may ask for your consent to receive text messages relating to our Services at that number, in accordance with applicable law. You may withdraw your consent by contacting us or by replying with "STOP" to any text message we send you. Please note that if you withdraw your consent to receive text messages from us, you may not be able to use some or all of our Services. Your mobile carrier's standard text message and data charges may apply to text messages you receive from us, and you are responsible for any fees charged by your mobile carrier if we contact you."
We may make improvements or changes in the information, services, products, and other materials through the Services or on the App, or terminate the Services and/or the App at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Services or the App will be deemed your acceptance of the modified Agreement.
This Agreement will continue to apply until terminated by either you or us. If you desire to terminate this Agreement and delete your account, contact us at email@example.com Your account will be closed and your ability to log in deactivated immediately. To remove Bright Money from your mobile devices, delete the App. However, deleting the App will not delete your Bright Money account, it will only delete the data from the device. Therefore, in order to close your account for the Services, follow the instructions above for deleting your account with us. We may terminate this Agreement and your access to the Services and the App at any time, for any reason or no reason, upon notice to you, to the e-mail address provided by you as part of your enrollment for your account with us. You acknowledge and agree that Bright Money may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Bright Money shall not be liable to you or any third party for any termination of your access to the Services or the App.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Services or the App will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply California law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Bright Money retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bright Money retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained in this Agreement. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
The App is intended to and directed to residents of the United States and all advertising claims contained on the App are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement, the Services or the App will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Failure by Bright Money to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Bright Money and other logos, product, and service names are trademarks and service marks owned by or licensed to Bright Money or its affiliates (the "Marks"). Without the prior written permission of Bright Money, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2019 Bright Money. All rights reserved
If you believe that any material contained on the App infringes your copyright or other intellectual property rights, you should notify Bright Money of your copyright infringement claim in accordance with the following procedure. Bright Money will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the App's Designated Agent who is:
By mail: DMCA Copyright Agent
c/o Bright Money
795 Folsom Street
By email: firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Emails sent to email@example.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Bright Money and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.