Terms of Service

1. Introduction

These Terms of Use ("Terms") are between you and Reach AI Inc and its subsidiaries ("Reach," "we," "us," and "our"). Reach AI Inc is a fintech company incorporated in Delaware, United States, under registration number 6915360, with its principal office located at [Insert U.S. Address]. Reach provides the services described below (collectively, the "Services") through the website www.letsgetreach.com (the "Site") and associated applications ("Applications").

Your use of the Services is subject to these Terms. By accessing or using the Site or any Service, you agree to be bound by these Terms. You should print or save a copy of these Terms for future reference. Use of your personal information submitted to us as part of the provision of the Services is governed by our Privacy Policy and Cookies Policy, which are incorporated as part of these Terms by reference.

As part of the Services, we may offer you access to products and services offered by us or others. These products and services may be subject to other agreements or authorizations. In the event of a conflict between these Terms and other agreements or authorizations concerning products or services offered through the Platform, such other agreements or authorizations shall prevail.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION IN SECTION 19, WHICH INCLUDES A CLASS ACTION WAIVER. IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 19.8 BELOW.

2. Acceptance of Terms

By accessing or using the Site or any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or the Services.

3. Changes to the Services and Terms

We may update our Terms of Service to reflect changes in our services, practices, or to comply with new legal requirements.

Notification Method:

WhatsApp Communication: Since our service is currently hosted exclusively on WhatsApp, we will notify all users of significant changes to the Terms of Service via WhatsApp messages. This direct approach ensures that you receive the update promptly within the platform you use to interact with our services.

Access to Updated Terms:

Website Availability: The updated Terms of Service will be available on our website at www.letsgetreach.com/terms-of-service.

WhatsApp Profile Description: You can also access the updated Terms in the description section of our WhatsApp profile.

Ease of Access: We make the updated Terms easily accessible so you can review the changes at your convenience.

User Rights Regarding Updates:

Right to Object: If you do not agree with the updated Terms of Service, you have the right to object to the changes.

How to Object: You can object by emailing us at support@letsgetreach.com within 30 days of receiving the notification. Please include your concerns or the specific parts of the Terms you are objecting to so we can address them appropriately.

Acceptance of Changes: If you do not object within the 30-day period, it is considered that you have accepted the new Terms. Continued use of our services after this period signifies your acceptance.

Impact of Objection:

Service Continuity: Objecting to the updated Terms of Service may affect our ability to provide certain services to you. We will work with you to address your concerns, but some functionalities that rely on the updated terms may no longer be available.

Data Handling: We will continue to handle your data in accordance with the last accepted version of the Terms of Service until the issue is resolved.

Transparency and Communication:

Open Dialogue: We encourage you to reach out if you have any questions or concerns about the updates. Our goal is to maintain transparency and build trust with our users.

Support Contact: For any inquiries, please contact us at support@letsgetreach.com.

Key Points to Remember:

Prompt Notification: You will be notified directly via WhatsApp, ensuring timely awareness of any changes.

Easy Access: The updated Terms are readily available on our website and WhatsApp profile for your review.

Your Control: You have the right to accept or object to the changes, giving you control over your personal data and how it's used.

Action Required: To object, you must contact us within 30 days; otherwise, the new Terms will automatically apply to you.

Commitment to Transparency: We are dedicated to keeping you informed and respecting your choices regarding your personal information.

4. Registering for the Services

4.1 Registration

To use the Services, you must first register to set up a Reach account with us by completing the account registration form available on the Site or Applications. You only need to register once. Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any registration request without giving a reason. If we approve your registration, you will receive a notification from us.

4.2 Eligibility

To be eligible to use the Services and set up a Reach account, you must be:

A legal resident of the United States.

Of legal age to form a binding contract (18 years or older).

Not prohibited by law from using any of the Services.

Please note that additional eligibility criteria may apply to certain Services offered through the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By registering, you confirm to us that you meet all of the minimum eligibility criteria.

4.3 Accuracy of Information

You agree to provide us with accurate, complete, and up-to-date contact information, which may include your email address and mobile telephone number. You are responsible for the information you provide to us and keeping such information up to date. You must promptly update your Reach account in the event of any changes to the information you have provided.

4.4 Verification of Information

You authorize Reach, directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide. This may include:

Screening you against third-party databases or other sources.

Requesting reports from service providers.

Asking you to provide a form of government identification (e.g., driver's license or passport) to check your name, place and date of birth, address, nationality, and/or other information which we deem necessary under applicable laws.

Requiring you to take steps to confirm ownership of your email address.

Reach reserves the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify any of this information.

5. Your Use of the Services

You may only use the Site and the Services for your own personal, non-commercial use, and not on behalf of, or for, any third party. Any use of the Site or the Services in violation of law is strictly prohibited. Some Services may not be available in all U.S. states, and we reserve the right to limit the availability of the Site and the Services at any time.

6. Security

You must take all reasonable precautions to keep your Reach account username and personalized security credentials confidential and secure at all times and use them only to access and use your Reach account and not for any other purpose. You must contact us immediately if you discover or suspect any unauthorized use of your Reach account or any error in the operation of your username and/or personalized security credentials. If you discover or suspect any unauthorized use of a payment or financial account linked to your Reach account, you should immediately notify the provider of that account. We may, from time to time, with or without prior notice, temporarily suspend the operation or access to any aspect of the Services if we believe there has been unauthorized access to your Reach account or we suspect it is being used for illicit or improper purposes.

7. Overview of the Services

7.1 Reach Personal Financial Management Services

Reach offers a suite of services and features enabling you to gain insight into your spending data and trends, help you budget and save. Reach provides smart budgeting and optimal savings systems based on users' banking data track records and dynamic analysis of users' financial behavior. These services include:

Budget Management

Savings Goals

Personalized Financial Insights

Important Note: Although Reach is helping users avoid overdraft fees and optimize their financial journey, Reach is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your linked account. Even though Reach is designed to help you optimize your financial decisions, the decision-making of spending or not is exclusively on you, the user.

8. Third-Party Account Information and User Consent

To use the Services, you may direct Reach to retrieve your account transaction history, balance information, and other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions ("Third-Party Account Information").

Explicit Consent for Accessing Bank Information

Use of Third-Party Open Banking Platforms: We partner with trusted third-party services, such as Plaid and Salt Edge, to securely connect with your bank accounts.

Consent Process:

Authorization Required: Before accessing any of your account information, we obtain your explicit consent.

Secure Interface: You are directed to a secure interface managed by Plaid or Salt Edge.

Information Disclosure: You are informed about the specific data to be accessed:

Account Details: Account numbers, balances, account types, and institution names.

Regular Payments: Standing orders, direct debits, scheduled payments.

Transaction History: Full banking transaction history including dates, amounts, and merchant names.

Active Agreement: You grant consent by following the prompts and securely entering your banking credentials.

GDPR Consent for Data Sharing:

By completing the consent process, you give your explicit consent under GDPR and other applicable laws for Plaid, Salt Edge, and other necessary third-party services to share your banking information and future updates with Reach. This consent allows us to provide you with personalized financial advice.

Consent for Data Processing and Use

Purpose of Data Collection:

To provide and improve our services.

To offer personalized financial recommendations.

Legal Basis for Processing:

Explicit Consent: Your consent during the account linking process.

Contractual Necessity: Processing is necessary to deliver the services you request.

Compliance with Legal Obligations: Adhering to applicable laws and regulations.

User Rights:

Right to Withdraw Consent: You can withdraw your consent at any time by contacting us at support@letsgetreach.com.

Impact of Withdrawal: Withdrawing consent may affect our ability to provide certain services, and you may receive less value from Reach.

Consent Regarding WhatsApp Communications

Service Platform: Our service is currently hosted exclusively on WhatsApp.

WhatsApp Privacy:

Meta's Responsibility: Privacy matters related to WhatsApp messages are governed by Meta's policies.

Data Use: We use WhatsApp solely for communication purposes and do not share your messages with third parties, except as necessary.

User Agreement:

By communicating with us via WhatsApp, you consent to WhatsApp's data practices as outlined in their Privacy Policy.

Consent for Policy Updates

Notification of Changes:

We will notify you of significant changes to our Terms of Service via WhatsApp messages.

Access to Updated Terms:

The updated Terms will be available on our website and in our WhatsApp profile description.

Right to Object:

You have 30 days to object to the updated Terms by emailing us at support@letsgetreach.com.

Acceptance of Changes: Not objecting within this period implies your acceptance of the new terms.

Consent for Automated Decision-Making

AI Model Usage:

Our AI may use automated processes to provide recommendations.

User Rights:

You have the right to request human intervention if you are affected by an automated decision.

General Data Protection Rights

Access and Correction:

You can access and correct your personal information at any time.

Deletion and Portability:

You can request deletion of your data or receive it in a structured, commonly used format.

Restriction and Objection:

You can limit or object to the processing of your data. However, this may compromise your experience with Reach.

9. Prohibited Activities

In connection with your use of our Site, Services, or in the course of your interactions with Reach, other Reach users, or third parties, you must not:

Violate any law, statute, ordinance, or regulation.

Infringe Reach's or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.

Provide false, inaccurate, or misleading information.

Scrape content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site.

Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.

Create links to the Site from any other site without our prior written consent, although you may link from a site that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your site, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked site does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or which infringes on the intellectual property rights or other rights of any third party.

Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services.

Facilitate any viruses, trojan horses, malware, worms, or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information, or the Services.

Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers.

Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services, or other users' use of any of the Services.

Harass or threaten our employees, agents, or other users.

You must only use the Services and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

10. Effect of Breach

If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in termination, warning, suspension, legal action, updating inaccurate information, refusal to provide Services in the future, disclosure to law enforcement as reasonably necessary, or any other action we deem appropriate in accordance with applicable laws.

You are responsible for any liability incurred by Reach or any third party caused by or arising out of your breach of these Terms.

11. Suspension and Termination

11.1 Reach's Suspension and Termination Rights

Reach may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Applications, Site, or the Services at any time, with or without cause, at Reach's absolute discretion and without notice.

11.2 Effect of Termination

Upon termination of these Terms, all rights granted to you under these Terms will immediately cease except for those surviving termination, Reach will delete personally identifiable information upon request subject to our Privacy Policy and applicable laws, we will retain data and information required by law, and you must promptly discontinue all use of the relevant Service(s).

11.3 Your Termination Rights

You may terminate your Reach account at any time by emailing us at support@letsgetreach.com.

12. Intellectual Property Rights

All intellectual property rights in any content of the Services are owned by us or our licensors, as applicable. The Content is protected by United States and international intellectual property laws, and Reach reserves all rights, title, and interest in and to the Content. You may not copy, reproduce, imitate, modify, publish, or use the Content without our prior written consent.

13. Disclaimer of Warranties

We do not guarantee the continuous, uninterrupted, or error-free operability of the Services. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REACH PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES.

14. Communications to be Provided in Electronic Form

By choosing to use the Applications and the Services, you consent to receive disclosures, notices, agreements, statements, and other communications electronically.

14.1 Communications in Writing

Electronic Communications shall be considered "in writing" and have the same meaning and effect as if provided in paper form.

14.2 Hardware, Software, and Operating System Minimum Requirements

You will need a WhatsApp-compatible mobile device, a valid email address, and sufficient storage space or printing capability to retain Communications.

14.3 Withdrawing Consent

You may withdraw your consent to receive Communications electronically by contacting us at support@letsgetreach.com.

14.4 Updating Records

You can update your user information in the Applications or by emailing us at support@letsgetreach.com.

15. External Links

The Site may include links to external sites. We are not responsible for the content of these sites or anything provided by them.

16. No Legal, Tax, or Financial Advice; Alerts

REACH DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APPLICATIONS, SITE, OR SERVICES. Reach encourages you to consider consulting an accountant or other financial advisor aware of your individual circumstances before implementing any financial strategy or making any financial decision.

17. Limitation of Liability

THE REACH PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES. IN NO EVENT WILL THE REACH PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED USD $1,000.

18. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Reach Parties from and against claims, losses, expenses, demands, or liabilities arising out of or relating to your access to or use of the Applications, Site, or Services, your violation of these Terms, your violation of any third-party right, or disputes between you and any third party.

19. Dispute Resolution by Binding Arbitration

19.1 Agreement to Arbitrate

You and Reach agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

19.2 Informal Dispute Resolution

Before initiating arbitration, you and Reach agree to first attempt to negotiate an informal resolution of any Dispute by emailing support@letsgetreach.com.

19.3 Arbitration Procedures

Any arbitration will be conducted by the American Arbitration Association under its rules and procedures, including the AAA's Consumer Arbitration Rules as applicable.

19.4 Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

19.5 No Class Actions

YOU AND REACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19.6 Severability of Arbitration Provision

If any portion of Section 19 is found unenforceable or unlawful, the unenforceable provision shall be severed and the remainder shall continue to apply.

19.7 Judicial Forum for Disputes

If this Arbitration Agreement is found not to apply, judicial proceedings will be brought in the federal or state courts of Wilmington, Delaware.

19.8 Opt-Out Procedure

You may opt out of this Arbitration Agreement by notifying Reach in writing within 60 days of the date you first became subject to this arbitration agreement. Send your opt-out notice to support@letsgetreach.com.

19.9 Amendment

Future amendments to this Arbitration Agreement will not apply to claims filed in a legal proceeding against Reach before the amendment's effective date.

20. Governing Law

These Terms and any Dispute will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware.

21. Third-Party Beneficiary

Our third-party service providers are third-party beneficiaries of applicable provisions of these Terms.

22. Severability

Except as otherwise set forth in Section 19, if any provision of these Terms is invalid, the remaining provisions shall remain in full force and effect.

23. Survival

Sections 11.2, 12, 13, 17, 18, 19, 20, 22, 24, and any other provision that by its terms survives shall survive termination.

24. General

These Terms constitute the entire understanding and agreement between you and Reach related to the Site and Services. All rights not expressly granted herein are reserved.

25. Contacting Us and Complaints

Please submit any questions you have about these Terms, or any complaint or concern in relation to any Service, by email to support@letsgetreach.com.