Terms of Service

Subfinancing websites ("Websites"), mobile applications ("Apps"), and related services — including Subfinancing.com and Sika (collectively, the "Service") — are operated by Subfinancing, a registered trade name of BIY LLC ("Subfinancing," "we," or "us"). Your access to and use of the Service is subject to these Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions, including any future modifications. Subfinancing may amend, update, or change these Terms and Conditions at any time, and will provide notice of such changes on our Websites for at least seven (7) days prior to their effective date. If you do not agree to abide by these Terms and Conditions, you are not authorized to use or access the Service.

The Service provided by Subfinancing enables users to access a range of software products designed to improve financial literacy and personal finance management. Subfinancing reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, with or without notice.

You are solely responsible for your use of the Service and for any activities that occur under your account. To foster a positive, safe, and constructive environment, you agree to adhere to our Community Guidelines and refrain from engaging in any behavior that is abusive, harmful, or otherwise detrimental to other users or to us.

Certain aspects of the Service may be subject to additional terms and conditions ("Additional Terms"), which will be provided to you at the time of use. By accessing those portions of the Service, you agree to be bound by the applicable Additional Terms in addition to these Terms and Conditions.

In order to use certain parts of the Service, you may be required to register for an account. By registering, you agree to:

You represent and warrant that your access to and use of the Service complies with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further warrant that any content you submit, post, or otherwise make available through the Service ("User Content") is your own or that you have all necessary rights and permissions to provide such content and grant us the rights set forth herein. You also represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions; (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

When you submit any ratings, reviews, data, text, images, audio clips, videos, or other materials ("Content") via the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with the Service and Subfinancing's business. This license includes the right to sublicense the Content, and you acknowledge that it cannot be revoked once your Content has been submitted.

You agree not to upload or share any Content that is defamatory, abusive, obscene, or otherwise in violation of any law or the rights of third parties. We reserve the right to remove any Content that we deem inappropriate or in breach of these Terms and Conditions.

You agree to defend, indemnify, and hold harmless Subfinancing and its officers, directors, employees, agents, contractors, suppliers, licensors, affiliates, successors and assigns from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from or related to your access or use of the Service, any violation of these Terms and Conditions, any false representation made to us, your breach of any of these Terms and Conditions, or any claim that any content we provide to you is inaccurate, inappropriate, or defective in any way whatsoever.

Subject to these Terms and Conditions, Subfinancing grants you a limited, non-transferable, non-exclusive license to download, install, and use our Apps on an authorized mobile or interactive device that you own or control solely for your personal, non-commercial use. You shall not decompile, reverse engineer, or otherwise attempt to derive the source code of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. All intellectual property rights in the Apps and their components remain with Subfinancing or its licensors.

The following terms apply if you are using the Apps from the Apple App Store: You acknowledge and agree that these Terms and Conditions are solely between you and Subfinancing, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. Apple has no obligation to furnish maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. You and Subfinancing acknowledge that Apple is not responsible for addressing any product liability claims, regulatory claims, or intellectual property infringement claims relating to the Apps.

The Service may offer in-app purchases, including access to premium features or virtual goods ("Virtual Items").

All monetary transactions made through the Service are processed by third-party payment processors. Your use of these services is subject to their respective terms of service and privacy policies, and Subfinancing is not responsible for any issues or failures arising from such third-party services.

All payments are nonrefundable, except as expressly provided or at Subfinancing's sole discretion. The grant of a refund or credit in one instance does not obligate Subfinancing to provide a refund or credit in the future. If you cancel a periodic subscription to a paid service, you will continue to have access to that service until the end of your current billing cycle.

The Service may contain links to third-party websites or resources that are not under Subfinancing's control. Subfinancing does not endorse and is not responsible for the content, practices, or policies of any third-party sites. Your use of any third-party websites is at your own risk, and Subfinancing will not be responsible or liable for any damage or loss arising from such use.

THE SERVICE, INCLUDING ALL CONTENT, IMAGES, AND AUDIO FILES THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY SUBFINANCING ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SUBFINANCING DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUBFINANCING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBFINANCING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, EVEN IF SUBFINANCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBFINANCING'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUBFINANCING FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT.

You understand and agree that we have set our prices and entered into these Terms and Conditions in reliance upon the limitations of liability set forth herein, which allocate risk between us and form the basis of a bargain between the parties.

Subfinancing may terminate or suspend your access to the Service at any time, with or without notice, for any reason, including if you breach these Terms and Conditions. Upon termination, all rights granted to you will immediately cease. The provisions of Sections 5, 6, 7, 8, 9, 16, 17, and any other sections that by their nature are intended to survive termination shall survive any termination.

All content provided through the Service, including designs, graphics, text, information, software, images, audio, video, and other files (collectively, "Service Content"), are the exclusive property of Subfinancing or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. By using the Service, you hereby assign to Subfinancing any and all rights, title, and interest, including any intellectual property rights, in the Materials generated from your use of the Service.

"Subfinancing" and "Sika" and all related logos, service marks, and graphics used in conjunction with the Service are trademarks or service marks of Subfinancing or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Subfinancing name, product names, or any third-party trademarks, service marks, graphics, or logos.

Your use of the Service is also governed by our Privacy Policy, which can be found at subfinancing.com/privacy. By using the Service, you consent to the terms of the Privacy Policy.

Subfinancing may offer promotional codes ("Promotion Codes") that can be redeemed for discounts, free trials, or access to premium features. By redeeming a Promotion Code, you agree to any additional terms associated with that code. Promotion Codes have no cash value and may not be combined with other offers unless expressly permitted.

If you are a copyright owner and believe that any material available through the Service infringes upon your copyrights, please provide a written notice to Subfinancing's designated agent with the following information:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, excluding any conflict of laws provisions, regardless of your country of origin or where you access the Service.

Any disputes arising out of or relating to these Terms and Conditions or your use of the Service shall be resolved exclusively in the state or federal courts located in Harris County, Texas. By using the Service, you consent to the personal jurisdiction of state and federal courts sitting in Harris County, Texas, and waive any objections based on venue.

Any dispute or claim relating to these Terms and Conditions or the Service, seeking monetary relief, shall be resolved through binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its applicable rules. Prior to arbitration, you must submit a Notice of Claim to Subfinancing. The parties agree to attempt in good faith to settle any dispute through informal negotiations before proceeding to arbitration.

If you do not wish to participate in arbitration, you may opt out by sending an email to legal@subfinancing.com within thirty (30) days of your first use of the Service. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction.

This agreement is drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

For users accessing the Service from outside the United States, please note that your use of the Service is subject to local laws and regulations in addition to these Terms and Conditions. By using the Service, you agree to comply with all applicable local laws.

These Terms and Conditions constitute the entire agreement between you and Subfinancing regarding your use of the Service, superseding any prior agreements. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect. Subfinancing's failure to enforce any right or provision in these Terms and Conditions shall not be deemed a waiver of such right or provision. Subfinancing may assign its rights or obligations under these Terms and Conditions without notice to you.