Updated: August 17, 2023

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF BOOST MENTORING TECHNOLOGIES, INC.(“BOOST”) (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY BOOST. THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE.  BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICE, TECHNOLOGY, PLATFORM AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (THE “SERVICE”), USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BOOST, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY (WHETHER OR NOT SUCH ENTITY IS FORMALLY INCORPORATED) YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICE.

BOOST IS NOT AN EXCHANGE, FUNDING PORTAL, CUSTODIAN, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, OR ADVISER IN THE UNITED STATES OR ELSEWHERE.  NEITHER BOOST NOR OUR SERVICE, INCLUDING PERSONALIZED INSIGHTS, GIVE, OFFER OR RENDER FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE.  BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL.

IF YOU SUBSCRIBE TO THE SERVICE FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT BOOSTS THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 7.2 (AUTOMATIC RENEWAL) BELOW.

PLEASE BE AWARE THAT SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND BOOSTAMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 14 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

PLEASE BE AWARE THAT SECTION 3.4 (BOOST COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATION.

Your use of, and participation in, any given supplemental Service may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

1. DESCRIPTION OF THE SERVICE. The Service is a money management solution, which allows users to input and access certain information and content, including data, text or other materials(collectively, “Financial Data”), related to personal and business tax and personal finances. Users will be able to provide Financial Data by connecting their financial account(s) (“Financial Account”) or by manually inputting information into the Service. The Service provides accounting tools to help users better understand cashflow aggregation, reserves and taxes allocation, and recommendation insights based on the user’s financial transactions. The Service provides Personalized Insights (as defined below), categorization of transactions (e.g., monthly expenses, business finances), graphs, and charts to allow users to visualize and better understand their financial goals and how to reach such goals.

1.1 Personalized Insights. Through the Service and depending on their Subscription, users can receive personalized insights and/or recommendations via SMS texting, push notifications, and/or email (the “Personalized Insights”). You acknowledge and agree by agreeing to receive Personalized Insights, we may be able to view your Financial Data and any such information provided to the Service, including but not limited to for purposes of providing Personalized Insights to you.

2. ACCOUNTS.

2.1 Account Creation. In order to use certain features of the Service, you must register for an account on the Service (“Account”). You represent and warrant that: (a) all registration information you submit in connection with your registration is truthful and accurate; and (b) you will maintain the accuracy of such information.

2.2 Your Financial Data.  When you connect your Financial Account(s), you represent and warrant that (a) you have the authority to connect the Financial Account; and (b) you have the authority to provide or otherwise make available such Financial Data to Boost and permit Boost to use the Financial Data as contemplated by this Agreement.

2.3 Account Responsibilities. You are responsible for all activities that occur under your Account. You agree to immediately notify Boost of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. Boost will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not share your Account or password with anyone.

2.4 No Subsequent Registration.  If your registration(s) with, or ability to access, the Service or any other Boost community, is discontinued by Boost due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Service or any Boost community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for any fees related to those Service to which your access has been terminated.  In the event that you violate the immediately preceding sentence, Boost reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

3. ACCESS TO THE SERVICE.

3.1 Access and Use. Subject to your compliance with the Agreement, Boost grants you a limited, non-exclusive, revocable, limited, nontransferable, non-assignable, non-sublicensable, and “as is” right to access and use the Service as made available and in the manner intended by the normal function of the Service solely for your personal and/or internal company use. You acknowledge and agree that nothing set forth herein shall be construed as a sale of any ownership interest in or to the Service or any intellectual property rights associated therewith.