Financial Tools Terms and Conditions

These terms and conditions (the "Agreement") are a legal agreement between (i) you individually if you are agreeing to it in your own capacity, or if you are authorized to acquire these services on behalf of your company or organization, between the entity for whose benefit you act (hereinafter referred to as "you", "your" or "user"), (ii) your financial institution and (iii) MX Technologies, Inc. ("MX"), your financial institution’s third-party service provider. MX is a Delaware corporation, with its principal place of business at 3401 N. Thanksgiving Way, Lehi, UT 84046, and includes its affiliates and service providers. Your financial institution is providing you the ability to use MX digital money management tools and services that involve accessing third-party account information (the "MX Services"). 

By indicating your acceptance as set forth below, and/or by downloading, installing, activating, or using the MX Services, you accept all the terms and conditions of this Agreement and the MX Privacy Policy available at https://www.mx.com/privacy-policy/ which is incorporated by reference into this Agreement. The Agreement constitutes the complete and exclusive understanding and agreement between you, MX and your financial institution relating to the subject matter hereof and replaces all previous terms and conditions or similar agreements or documents entered into by the parties, whether oral or written.

If you are under the age of eighteen (18) years of age or are not at least the age of majority or otherwise incapable of binding yourself to a legal contract in the jurisdiction from which you enter into this agreement, you MUST have your legal guardian (e.g., parent) or someone with authorized power of attorney review this Agreement and consent on your behalf or you should not proceed any further. Notwithstanding the foregoing, MX has not designed the MX Services with the intention that such be used by minors, nor does it market the MX Services for use by minors.

YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND THAT YOUR USE OF THE MX SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USETHE MX SERVICES.

  1. Provide Accurate Information. You represent and agree that all information you provide to us in connection with the MX Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date, and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the MX Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the MX Services, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
  2. Content You Provide. Your use of the MX Services is your authorization for your financial institution or its service providers, as your agent, to access third-party sites which you designate in order to retrieve information. You are licensing to your financial institution and its service providers any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the MX Services. You authorize us or our service providers to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the MX Services or that we or our service providers retrieve on your behalf for purposes of providing the MX Services, to offer products and services, and for other permissible business. Except as otherwise provided herein, we or our service providers may store, use, change, or display such information or create new content using such information.
  3. Power of Attorney. You grant financial institution and its service providers a limited power of attorney as provided below to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations, agency, and the power of attorney granted by you or through your account. For all purposes hereof, you hereby grant your financial institution and its service providers a limited power of attorney, and you hereby appoint them as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, in any and all capacities, to access third-party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You understand and agree that the MX Services are not sponsored or endorsed by any third-party site. 
    YOU ACKNOWLEDGE AND AGREE THAT WHEN YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, THEY ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES.
  4. Third Party Accounts. With respect to any third-party sites we may enable you to access through the MX Services or with respect to any non- financial institution accounts you include in the MX Services, you agree to the following: 

    5. a. You are responsible for all fees charged by the third party in connection with any non- financial institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non- financial institution account, you agree to direct these to the account provider. 
    b. Any links to third-party sites that we may provide are for your convenience only, and your financial institution and its service providers do not sponsor or endorse those sites. Any third-party services, which you may be able to access through the MX Services, are services of the listed institutions. We nor our service providers have responsibility for any transactions and inquiries you initiate at third-party sites. The third-party sites you select are solely responsible for their services to you. We nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties. 

    5. Limitations of Services. When using the MX Services, you may incur technical or other difficulties. We nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the MX Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the MX Services at any time without prior notice. 

    6. Acceptance of User Agreement and Changes. Your use of the MX Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our website by providing a link to the revised Agreement. Your continued use will indicate your acceptance of the revised Agreement. The licenses, user obligations, and authorizations described herein are ongoing. 

    7. Aggregated Data. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the MX Services, may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking.  Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support.  Your personally identifiable information will not be shared with or sold to third parties.  

    8. Ownership. You agree that your financial institution and its service providers, as applicable, retain all ownership and proprietary rights in the MX Services, associated content, technology, mobile applications and websites. 

    9. User Conduct. You agree not to use the MX Services or the content or information delivered through the MX Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the MX Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for your financial institution or its service provider or cause your financial institution to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the MX Services in such a manner as to gain unauthorized entry or access to computer systems. 

    10. Indemnification. You agree to defend, indemnify and hold harmless your financial institution, its third-party service providers and their officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the MX Services, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. 

    11. Disclaimer. The MX Services are not intended to provide legal, tax or financial advice. The MX Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither your financial institutions nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice, including financial, is required, the services of a competent professional person should be sought. Your financial institution and its third-party providers specifically disclaim any liability, loss, or risk which is incurred as a consequence, directly or indirectly, of the use and application of any of the content on this site. Further, your financial institution and its third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the MX Services or any materials or information accessible through it. Past performance does not guarantee future results. Your financial institution and its third-party providers do not warrant that the MX Services comply with the requirements of the FINRA or those of any other organization anywhere in the world. 

    12. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE MX SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE MX SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE MX SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MX SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE MX SERVICES OR TECHNOLOGY WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MX SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR FINANCIAL INSTITUTION OR ITS SERVICE PROVIDERS THROUGH OR FROM THE MX SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

    13. LIMITATION OF LIABILITY. YOU AGREE THAT YOUR FINANCIAL INSTITUTION AND ITS THIRD PARTY SERVICE PROVIDERS WILL 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 LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE MX SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MX SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE MX SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBLITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE MX SERVICES. 

    14. WAIVER OF JURY TRIAL AND CLASS ACTION. You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the MX Services or these terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE. 

    15. Export Restrictions. You acknowledge that the MX Services and any software underlying such MX Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or MX Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the MX Services may include technical data subject to export and re-export restrictions imposed by U.S. law. 

    16. Other Terms. You may not assign Agreement. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.