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28 29 </head> 30 <body id="terms" class="year2026 month09 day24 week39 Thursday ofh has-tertiary-nav"> 31 32 <!-- Checkbox to show menu --> 33<input type="checkbox" id="menu-toggle" /> 34<div class="sidepane sidepane--guest production"> 35 <div class="sidepane__logo"> 36 <a href="/signout?clean=true"> 37 <h1 class="">Expensify</h1> 38 </a> 39</div> 40 41<div class="sidepane__nav"> 42 <ul role="navigation"> 43 <li> 44 <a href="/signin"> 45 <span class="expensicons expensicons-switch"></span>Sign In 46 </a> 47 </li> 48 <li> 49 <a href="/signup"> 50 <span class="expensicons expensicons-user-add"></span>Sign Up 51 </a> 52 </li> 53 </ul> 54</div> 55 </div> 56 57<!-- Menu icon for smaller screen sizes --> 58 <label for="menu-toggle" class="menu-icon"> 59 <span></span> 60</label> 61 62 <!-- App content overlay (only visible when sidepane is expanded) --> 63<label for="menu-toggle" class="sidepane-overlay"></label> 64 <div class="app-content-wrapper"> 65 <div id="sideNav_wrapper"> 66 <div id="sideNav"> 67 <div class="tertiary-nav"> 68 <ul role="navigation"> 69 <li class="nav-group has-current"> 70 <button class="nav-group__toggle" aria-expanded="false">Platform Terms</button> 71 <ul class="nav-group__items"> 72 <li><a href="/terms" class="current" aria-current="page">Terms of Service</a></li> 73 <li><a href="/privacy" >Privacy Policy</a></li> 74 </ul> 75 </li> 76 <li class="nav-group"> 77 <button class="nav-group__toggle" aria-expanded="false">Product Terms</button> 78 <ul class="nav-group__items"> 79 <li><a href="/travelterms" >Travel Terms</a></li> 80 <li><a href="/karmaprogramterms" >Karma Program Terms</a></li> 81 <li><a href="/payrollterms" >Payroll Terms</a></li> 82 <li><a href="/expensify-payments-wallet-terms-of-service" >Expensify Payments - Expensify Wallet Terms</a></li> 83 <li><a href="/bancorp-bank-wallet-terms-of-service" >The Bancorp Bank, N.A. - Expensify Wallet Terms</a></li> 84 </ul> 85 </li> 86 <li class="nav-group"> 87 <button class="nav-group__toggle" aria-expanded="false">US Card Agreements</button> 88 <ul class="nav-group__items"> 89 <li><a href="/commercialcardprogramterms" >Expensify Visa® Commercial Card Program Terms</a></li> 90 <li><a href="/commercialcardagreement" >Expensify Visa® Commercial Card Agreement</a></li> 91 <li><a href="/corporatecardprogramterms" >Corporate Card Program Terms</a></li> 92 <li><a href="/expensifycardagreement" >Card Agreement</a></li> 93 </ul> 94 </li> 95 <li class="nav-group"> 96 <button class="nav-group__toggle" aria-expanded="false">UK and EU Card Agreements</button> 97 <ul class="nav-group__items"> 98 <li><a href="/eeacardagreement" >Expensify EEA Card Agreement</a></li> 99 <li><a href="/ukcardagreement" >Expensify UK Card Agreement</a></li> 100 <li><a href="/ukeeacommercialcardprogramterms" >Expensify Visa® Commercial Card Program Terms (UK/EEA)</a></li> 101 <li><a href="/tplprivacy" >TPL Privacy Policy</a></li> 102 <li><a href="/tpmlprivacy" >TPML Privacy Policy</a></li> 103 </ul> 104 </li> 105 <li class="nav-group"> 106 <button class="nav-group__toggle" aria-expanded="false">Additional Terms</button> 107 <ul class="nav-group__items"> 108 <li><a href="/paymentsentities" >Payments Entities</a></li> 109 <li><a href="/achterms" >ACH Terms</a></li> 110 <li><a href="/esignagreement" >Agreement to Receive Electronic Communications</a></li> 111 </ul> 112 </li> 113 </ul> 114 </div> 115 </div> 116 </div> 117 <div class="app-content"> 118 <div id="content_wrapper" role="main"> 119 <div class="page-header"> 120 <h1>Terms & Conditions</h1> 121 </div> 122 <div id="terms-header"> 123 <h2>Terms of Service</h2> 124 <p class="last-updated">Last updated: September 10, 2026</p> 125 </div> 126 127<div> 128 <p> 129 Welcome to Expensify! We provide expense management software, invoicing, bill processing, 130 applications and other financial tools and services. 131 </p> 132 <p> 133 These offerings are provided by Expensify, Inc. ("<strong>Expensify</strong>", 134 "<strong>we</strong>", "<strong>us</strong>", or "<strong>our</strong>", which include our 135 group and affiliated companies) through an application you download to your mobile device 136 (the "<strong>Application</strong>") and at 137 <a href="https://www.expensify.com/">www.expensify.com</a> or<a 138 target="_blank" 139 rel="noopener noreferrer" 140 href="https://use.expensify.com/" 141 > 142 use.expensify.com</a 143 > 144 or 145 <a target="_blank" rel="noopener noreferrer" href="https://new.expensify.com" 146 >new.expensify.com</a 147 > 148 (collectively, the "<strong>Site</strong>" and, together with any related software, tools 149 and services provided in connection with the Application or Site, the "<strong 150 >Expensify Service</strong 151 >"). 152 </p> 153 <p> 154 The following terms and conditions, along with Expensify's 155 <a href="/privacy"> Privacy Policy</a> (collectively, the "<strong>Terms of Service</strong 156 >"), govern your access to and use of the Expensify Service and all Site Content and 157 constitute a binding legal agreement between you and Expensify. These Terms of Service 158 explicitly incorporate herein by reference the following separate program terms, which may 159 apply to your account if you opt in to, are enrolled in, or otherwise use such programs 160 (collectively, the "<strong>Program Terms</strong>"): 161 </p> 162 <ul class="styled marginLeft30"> 163 <li> 164 <p> 165 The Expensify Visa® Commercial Card, issued by The Bancorp Bank, N.A.: 166 <a href="/commercialcardprogramterms"
167 >Expensify Visa® Commercial Card Program Terms</a 168 > 169 and 170 <a href="/commercialcardagreement">Expensify Visa® Commercial Card Agreement</a> 171 (See back of your card for the applicable issuer). 172 </p> 173 </li> 174 <li> 175 <p> 176 The Expensify Card, issued by Sutton Bank: 177 <a href="/corporatecardprogramterms">Corporate Card Program Terms</a> and the<a 178 href="/expensifycardagreement" 179 > 180 Card Agreement</a 181 > 182 (See back of your card for the applicable issuer). 183 </p> 184 </li> 185 <li> 186 <p><a href="/travelterms">Travel Terms</a></p> 187 </li> 188 <li> 189 <p><a href="/karmaprogramterms">Karma Program Terms</a></p> 190 </li> 191 <li> 192 <p><a href="/achterms">ACH Terms</a></p> 193 </li> 194 <li> 195 <p><a href="/payrollterms">Payroll Terms</a></p> 196 </li> 197 <li> 198 <p> 199 <a href="/expensify-payments-wallet-terms-of-service" 200 >Expensify Payments - Expensify Wallet Terms</a 201 > 202 or 203 <a href="/bancorp-bank-wallet-terms-of-service" 204 >The Bancorp Bank, N.A. - Expensify Wallet Terms</a 205 >, depending on your state of residence 206 </p> 207 </li> 208 </ul> 209 <p> 210 Please read these Terms of Service carefully as they provide important information to you. A 211 few important highlights of these Terms of Service include: 212 </p> 213 <ul class="styled marginLeft30"> 214 <li> 215 <p> 216 <strong>Limited Liabilities.</strong> You understand that we offer no warranties, 217 and our liabilities are limited (See Section 8). 218 </p> 219 </li> 220 <li> 221 <p> 222 <strong>Arbitration and Class Action Waiver.</strong> You agree to resolve any 223 disputes by individual arbitration and to waive the right to participate in any kind 224 of class action (See Section 9). 225 </p> 226 </li> 227 <li> 228 <p> 229 <strong>Communication About New Features and Products.</strong> If you provide us 230 with your email address or phone number (or activate your Account using a referred 231 email address), you agree to receive, as applicable, emails, chats, calls and text 232 messages from us with information relating to your Account, new and existing 233 features, product updates and improvements, Expensify and industry news and events, 234 community updates and communications connecting you with other Members and 235 volunteers. (See Section 10). 236 </p> 237 </li> 238 <li> 239 <p> 240 <strong>Modification.</strong> You understand that we may change these Terms of 241 Service or any portion of the Expensify Service at any time. Your continued use of 242 the Expensify Service constitutes your acceptance of any modified Terms of Service 243 (See Section 11). 244 </p> 245 </li> 246 </ul> 247 <p> 248 By accessing or using the Expensify Service in any way, including browsing the Site, 249 registering for an Expensify Account, downloading the Application or any Application 250 upgrades, using the Application on your mobile device, or by entering into a statement of 251 work with Expensify (a "<strong>Statement of Work</strong>"), you are indicating that you 252 have read, understand and agree to be bound by these Terms of Service. If you do not agree 253 to these Terms of Service, then you have no right to access or use the Expensify Service or 254 Site Content. If you agree to the Terms of Service and do not agree to any Program Terms, do 255 not use the corresponding Program. If you accept or agree to these Terms of Service on 256 behalf of a company or other legal entity, you represent and warrant that you have the 257 authority to bind that company or other legal entity to these Terms of Service and, in such 258 event, "<strong>you</strong>" and "<strong>your</strong>" will refer and apply to that 259 company or other legal entity. 260 </p> 261 <p> 262 Supplemental Terms for Certain Services. Certain additional services offered as part of the 263 Expensify Service may require you to enter into a separate agreement and/or be subject to 264 additional terms. In the event of any conflict between these Terms of Service and the
265 additional terms, these Terms of Service will control. Certain payment services are provided 266 by our affiliates or third-party services providers, for details by product and location, 267 please see the <a href="/paymentsentities">Additional Terms</a>. 268 </p> 269 <h3>1. Using the Expensify Service.</h3> 270 <h4>1.1 Who Can Use the Expensify Service?</h4> 271 <p> 272 By accessing or using the Expensify Service, you represent and warrant to Expensify that: 273 (i) you are of legal age to form a binding contract, or, if you are a minor, you have your 274 parent's permission to use the Expensify Service and your parent or guardian has read and 275 agrees to these Terms of Service on your behalf; (ii) all registration information you 276 submit is accurate, current and complete; (iii) you will maintain the accuracy and 277 completeness of such information; and (iv) if you are accepting these Terms of Service on 278 behalf of a company or other legal entity as a Corporate Administrator (as defined below), 279 you have the authority to bind that company or legal entity to these Terms of Service. The
279se 280 Terms of Service are void where prohibited by law, and the right to access the Expensify 281 Service is revoked in such jurisdictions. If you do not meet all of these requirements, you 282 must not access or use the Expensify Service. 283 </p> 284 <h4>1.2 Individual Account Registration</h4> 285 <p> 286 In order to access certain parts of the Expensify Service, you must register to create an 287 account ("<strong>Account</strong>") and become a Member ("<strong>Member</strong>"). When 288 registering with Expensify as an individual you agree to: (a) provide true, accurate, 289 current and complete information about yourself as prompted by the Expensify Service's 290 registration form (such information being the "<strong>Registration Data</strong>") and (b) 291 maintain and promptly update the Registration Data to keep it true, accurate, current and 292 complete. If you provide any information that is untrue, inaccurate, not current, or 293 incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not 294 current, or incomplete, we may suspend or terminate your Account and refuse any and all 295 current or future use of the Expensify Service (or any portion thereof). 296 </p> 297 <p> 298 If you connect with a Workspace (as defined below), you hereby understand and agree that the 299 Corporate Member that manages such Workspace has access and a right to the Member Data 300 related to transactions associated with the Workspace (including any Personal Data, as 301 defined in the <a href="/privacy">Privacy Policy</a>) for its internal bookkeeping purposes 302 and payroll purposes, if subscribed to the Payroll Service. A Corporate Member will maintain 303 the following information at a minimum, when you connect with a Workspace: full name, email, 304 phone number, and expense data. You are required to provide credit card information in your 305 Registration Data to access a Workspace and certain other paid features; however, the 306 Corporate Member will not receive or review your payment information provided through the 307 Expensify Service. Any Corporate Member who utilizes the Payroll Service will maintain the 308 information set forth in the Payroll Terms. Please contact the Corporate Member directly for 309 more information about what Personal Data the Corporate Member maintains. Further, in 310 certain circumstances where the Corporate Member has 311 <a 312 target="_blank" 313 rel="noopener noreferrer" 314 href="https://help.expensify.com/articles/expensify-classic/domains/Claim-And-Verify-A-Domain" 315 >Domain Control</a 316 >, the Corporate Member may have authorization and access to administer certain advanced 317 security settings, including the ability to delete your Account (unless you provide an 318 alternative login not under the Corporate Member's 319 <a 320 target="_blank" 321 rel="noopener noreferrer" 322 href="https://help.expensify.com/articles/expensify-classic/domains/Claim-And-Verify-A-Domain" 323 >Domain Control</a 324 >), control certain settings, and control how you use the Expensify Service. We will notify 325 you if a Corporate Member enables 326 <a 327 target="_blank" 328 rel="noopener noreferrer" 329 href="https://help.expensify.com/articles/expensify-classic/domains/Claim-And-Verify-A-Domain" 330 >Domain Control</a 331 > 332 and has a right to view or make changes to the settings in your Account. Where a Corporate 333 Member has also subscribed to Expensify's Payroll Service, the Corporate Member may have 334 access to additional Personal Data as set forth in the Payroll Terms and Privacy Policy. 335 </p> 336 <p> 337 You may not authorize any third party to access or use the Expensify Service or any payment 338 cards managed through your Account in connection with the Corporate Card Program (a 339 "<strong>Card</strong>") on your behalf. You are responsible for maintaining the
340 confidentiality of your user ID and password and/or other sign-on mechanism and keeping the 341 Card secure and are fully responsible for all activities that occur under your user ID or 342 password and/or other sign-on mechanism. You agree to immediately notify Expensify of any 343 unauthorized use of your user ID or password and/or other sign-on mechanism or Card, or any 344 other breach of security, and will (if allowed by the Expensify Service) immediately stop 345 using your Card where you know or believe Cards have been compromised or stolen or may be 346 misused. Expensify cannot and will not be liable for any loss or damage arising from any 347 unauthorized use of your Account or Card. 348 </p> 349 <h4>1.4 Workspaces</h4> 350 <p> 351 In order to create an Account on behalf of a company or other legal entity, rather than an 352 individual (a "<strong>Corporate Member</strong>"), you must register to create an Account 353 as an administrator or policy holder for the Corporate Member (a "<strong 354 >Corporate Administrator</strong 355 >"). When registering on behalf of a Corporate Member, you agree to: (a) provide true, 356 accurate, current and complete Registration Data about yourself and the Corporate Member, 357 and (b) maintain and promptly update the Registration Data to keep it true, accurate, 358 current and complete. If you provide any information that is untrue, inaccurate, not current 359 or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, 360 not current or incomplete, we may suspend or terminate the Corporate Member's Account and 361 associated Member Accounts and refuse any and all current or future use of the Expensify 362 Service (or any portion thereof) by Corporate Member and related Members. . Corporate 363 Administrators may appoint other Members as Corporate Administrators on behalf of Corporate 364 Members provided that each Corporate Member shall only have one Corporate Administrator 365 responsible for payments and billing on the Application (the "<strong 366 >Primary Corporate Administrator</strong 367 >"). Any Corporate Administrator using the Expensify Service via<a 368 target="_blank" 369 rel="noopener noreferrer" 370 href="https://new.expensify.com" 371 > 372 new.expensify.com</a 373 >, may update the Corporate Member Account to include access to additional services. Any 374 such update would trigger a notification to the Primary Corporate Administrator of such 375 change and obligation of the Corporate Member to pay any additional applicable fees as set 376 forth on the Expensify Services. 377 </p> 378 <p> 379 A Corporate Member's Account may host and administer one or more workspaces incorporating 380 corporate policies, chat features, and intracompany payment features that individual Members 381 can connect with to facilitate transactions on the Expensify Service (a 382 "<strong>Workspace</strong>"). The Corporate Member acknowledges that individual Members 383 retain ultimate administrative control over their individual Accounts and the Member Data 384 and Member-Generated Content within them, except to the extent a Corporate Member has 385 <a 386 href="https://help.expensify.com/articles/expensify-classic/domains/Claim-And-Verify-A-Domain" 387 >Domain Control</a 388 > 389 over Accounts. 390 </p> 391 <p> 392 You may not allow any third party (other than authorized agents of the Corporate Member) to 393 access or use the Expensify Service or the Cards on Corporate Member's behalf. The Corporate 394 Member is responsible for (i) all Member Data and Member-Generated Content posted and 395 activity that occurs under its Account; (ii) maintaining the security of its Account login 396 credentials; and (iii) promptly notifying us upon becoming aware of any unauthorized use of, 397 or access to, the Expensify Service through its Account. 398 </p> 399 <p> 400 If the Corporate Member is a party to a Statement of Work with Expensify, these Terms of 401 Service shall begin on the effective date of the Statement of Work and, unless terminated as 402 otherwise provided in the Statement of Work, shall continue through the term set forth in 403 the Statement of Work (the "<strong>SOW Term</strong>") and will automatically renew for a 404 successive one (1) year term following the end of each SOW Term, unless either party 405 notifies the other, not less than ninety (90) days prior to the end of the then current SOW 406 Term, of its intention not to renew. 407 </p> 408 <p> 409 Either party to a Statement of Work may, by written notice, request any changes, additions,
410 deletions, or modifications to any Statement of Work. No changes to a Statement of Work will 411 be effective until a written amendment has been signed by both parties. If any such change 412 affects the amount due or the time of performance thereunder, the parties shall negotiate in 413 good faith a mutually acceptable appropriate adjustment. In the event of conflict or 414 inconsistency between these Terms of Service and those of any Statement of Work, the 415 Statement of Work shall control. 416 </p> 417 <h4>1.5 Linked Financial Accounts</h4> 418 <p> 419 In order to access certain features of the Expensify Service (such as the<a 420 href="/corporatecardprogramterms" 421 > 422 Corporate Card Program</a 423 >,<a href="/conciergeterms"> </a><a href="/travelterms">Travel</a>, Expensify Invoicing,<a 424 href="/karmaprogramterms" 425 > 426 Karma Program</a 427 >,<a href="/achterms"> Expensify's ACH features</a>, or 428 <a href="/payrollterms">Payroll Service</a>), a Member or a Corporate Member may need to 429 connect its Account or Workspace (as applicable) with (i) one or more accounts that are held 430 with a financial institution, and/or (ii) an account with other third-party payment 431 providers (including a debit card, credit card, checking account or other permitted payment 432 method), each of which are linked to or authorized for use through the Member's or Corporate 433 Member's Account (each, a "Linked Financial Account"). You acknowledge and agree that you 434 have the authority to access and connect a Linked Financial Account to the Expensify 435 Service, and to authorize the initiation of payments, including the initiation of ACH debit 436 or credit entries or necessary adjustments or reversals or check payments, in accordance 437 with any payment instructions provided in connection with your use of the Expensify Service. 438 </p> 439 <p> 440 Further, to participate in such features, as a Member or a Corporate Administrator, you may 441 be required to provide certain information (including Personal Data as described in our 442 <a href="/privacy">Privacy Policy</a>), which may include the Member or Corporate Member's 443 full name, email, phone number, business information (such as registered business name and 444 state of incorporation for the Corporate Member, the business address, employer 445 identification number, ownership details, actual or anticipated revenue, the nature of the 446 business, and details from Linked Financial Accounts and other business information we may 447 request from time to time), Financial Data (both current and historical), and the name, 448 contact information, and date of birth of individual Members or beneficial owners, the 449 social security number of beneficial owners/controlling officers (requesting users), and 450 documentary information used to verify the business and Personal Data. "<strong 451 >Financial Data</strong 452 >" means a bank balance, transaction data, and account information accessible to Expensify 453 through Linked Financial Accounts or Third-Party Service Providers (as defined in the 454 <a href="/corporatecardprogramterms">Corporate Card Program Terms</a>, as applicable). 455 </p> 456 <p> 457 In order to connect a Linked Financial Account which is in the UK to the Expensify Service, 458 we are an agent of Plaid Financial Ltd., an authorized payment institution regulated by the 459 Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference 460 Number: 804718). Plaid provides you with regulated account information services through 461 Expensify as its agent. You acknowledge and authorize us to analyze information from your 462 Linked Financial Account. 463 </p> 464 <h4>1.6 Bill Pay and Invoicing</h4> 465 <p> 466 In order to access Expensify's bill payment and invoice payment features on the Expensify 467 Service (collectively, "<strong>Expensify Invoicing</strong>"), so you can make payments to
468 third party merchants ("<strong>Merchants</strong>") or request and receive payments from 469 third party clients ("<strong>Clients</strong>"), we will require a Member or a Corporate 470 Member, as the case may be, to connect with a Linked Financial Account. 471 </p> 472 <p> 473 When you provide information about your Merchants and Clients to the Expensify Service, you 474 agree to provide correct and current information, and you represent and warrant that you 475 have obtained all necessary authorizations and consents from the Merchant or Client to share 476 such information. You are solely responsible for verifying the accuracy of all such 477 information. Expensify will have no liability for losses or damages resulting from the 478 accuracy or inaccuracy of the Merchant or Client information. 479 </p> 480 <p> 481 By agreeing to these Terms of Service and using the check printing feature of Expensify 482 Invoicing, you authorize Expensify or its third-party provider to send checks drawn on your 483 bank account identified in your Account. The accuracy of all the bank account details, 484 account and routing numbers and the address of the Merchant or Client is solely your 485 responsibility. You will be responsible for notifying your financial institution of any 486 voided or cancelled checks, ensuring the bank account associated with Expensify Invoicing is 487 funded, and will be responsible for any fees related to the voiding or cancelling of checks 488 sent by Expensify or its third-party providers on your behalf. 489 </p> 490 <p> 491 By using Expensify Invoicing to request or receive payments from Clients, you agree that (1) 492 Expensify Payments LLC accepts such funds or payment instructions from such Clients as your 493 authorized agent pursuant to these Terms of Service, (2) you will hold out Expensify 494 Payments LLC as accepting payments on your behalf, (3) as soon as Client pays Expensify 495 Payments LLC, Clientâs payment obligation to you is fully satisfied in the amount of the 496 payment just as if Client had paid you directly, and (4) in the unlikely event that 497 Expensify Payments LLC fails to remit such funds to you, you may only seek such funds from 498 Expensify Payments LLC and not from Client. 499 </p> 500 <p> 501 Expensify reserves the right, in our reasonable discretion and without any liability to any 502 Members, Corporate Members, or other third parties, to (i) limit or refuse to make, process 503 or issue any payment initiated or requested through Expensify Invoicing, and (ii) impose 504 limits on the amount of money sent through Expensify Invoicing, on a per transaction or a 505 cumulative basis, and to change those limits at any time. In each case, Expensify will use 506 commercially reasonable efforts to provide notice to the affected Member, but it will not be 507 required to do so. To the extent permitted by law, you grant Expensify the right to apply or 508 set off any money or credit balance in which you have an interest and which is in 509 Expensify's possession, custody or control, in satisfaction of any amounts or liabilities 510 that you owe to Expensify. You acknowledge and agree that you will not use Expensify 511 Invoicing for payment of child support, alimony, taxes or other court-directed or government 512 payments, fines or penalties. 513 </p> 514 <p> 515 Payment processing services for Members or Corporate Members, as the case may be, on the 516 Expensify platform are provided by Expensify Payments LLC, subject to the special provision 517 below for Corporate Members utilizing Expensify Invoicing with a primary business address in 518 New York (<strong>âNew York Expensify Invoicing Membersâ</strong>). 519 </p> 520 <p> 521 For New York Expensify Invoicing Members: (a) The Bancorp Bank, N.A. 522 (<strong>âBankâ</strong>) holds and controls, as custodian for the exclusive benefit of each 523 New York Expensify Invoicing Member, funds maintained by such New York Expensify Invoicing 524 Member at Bank in connection with Expensify Invoicing; (b) Expensify Payments LLC acts as 525 Bankâs service provider, and a Third Party Sender pursuant to the ACH Terms; and (c) 526 Expensify Payments LLC does not have independent authority to withdraw, transfer or 527 otherwise use any funds held for the benefit of New York Expensify Invoicing Members by 528 Bank. 529 </p> 530 <p> 531 As a condition of Expensify Service enabling payment processing services, you agree to 532 provide Expensify accurate and complete information about you and your business, and, to the 533 extent you are a New York Expensify Invoicing Member, you authorize Expensify to share that 534 information and transaction information with Bank related to your use of Expensify 535 Invoicing. 536 </p> 537 <h4>1.7 Personal Payments</h4> 538 <p> 539 The Expensify Service, via<a 540 target="_blank" 541 rel="noopener noreferrer" 542 href="https://new.expensify.com" 543 > 544 new.expensify.com</a 545 >, allows Members to track informal debts, expenses, and bills, by allowing Members to post 546 debts and payments and notes about who they owe, who owes them and why. You agree that this 547 service is provided as-is and on an as-available basis. You agree (1) that these debts are 548 not legally binding, and represent informal information sharing, (2) that Expensify cannot 549 guarantee the accuracy of information entered by Members or payment from any Members or 550 non-Members for such debts, and (3) any payments made based on the amounts in the personal 551 payments feature on or through third-party platforms, websites or services that are not
552 owned or controlled by Expensify shall be subject to the terms of such third-party 553 platforms, websites, or services. You expressly relieve Expensify from any and all liability 554 arising from (1) any transactions occurring or not occurring via the personal payments 555 feature and (2) your use of any third-party platforms, websites, or services to process any 556 transactions posted in the personal payments feature. 557 </p> 558 <h4>1.8 Third Party Payment Services</h4> 559 <p> 560 Some users will have access to other payment functions of other companies through links on 561 the Site or Application. These links or API integrations will initiate a payment or request 562 by pre-populating some information (such as email address, phone number, amount or notes) as 563 part of payments completed on a third party payment system. You agree to abide by the terms 564 of service of any payment service linked to by Expensify, and you agree that Expensify is in 565 no way responsible or liable for transactions and service provided by a third party linked 566 to or from the Expensify Service. 567 </p> 568 <h4>1.9 Fees and Payment</h4> 569 <p> 570 By establishing an Expensify Account, you agree to the term, pricing, payment, and billing 571 policies set forth (a) herein, (b) on the Site (including our 572 <a href="/pricing">pricing page</a>), (c) in the Application, and/or (d) if applicable, in a 573 separately executed Statement of Work. The use of various offerings within the Expensify 574 Service may be subject to additional terms as set forth on the Site or Application (such 575 additional terms being incorporated herein by reference), including but not limited to 576 expense reporting, SmartScan, certain functionalities of invoices and bill processing, 577 payroll services, Travel Services, functionality within Workspaces, and other services 578 described on the Expensify Service. You acknowledge and agree that you may not access all 579 features of the Expensify Service without providing valid credit card information and 580 agreeing to pay any applicable fees. All fees paid for the Expensify Service are 581 non-refundable and non-transferable except as expressly provided in these Terms of Service 582 or Statement of Work. All fees and applicable taxes, if any, are payable in the currencies 583 specified on our <a href="/pricing">pricing page</a>. You are solely responsible for the 584 payment of, and shall pay when due, all applicable sales and use taxes and similar fees now 585 in force, enacted or imposed in the future on the delivery of Expensify Service and/or any 586 related transactions (except for taxes assessed on Expensify's net income or personal 587 property). If for any reason Expensify pays any such taxes, duties or excises, you will 588 reimburse Expensify for such taxes, duties or excises, other than taxes on Expensify's net 589 income. Expensify reserves the right to change the prices for any service package with 590 fifteen days' notice to you prior to the next billing cycle, unless otherwise set forth in a 591 Statement of Work. 592 </p> 593 <h4>1.10 Term and Termination</h4> 594 <p> 595 The term of your Expensify Service package is as set forth on the Site and/or Application 596 and in your billing account details. If your selected Expensify Service package requires a 597 recurring subscription fee, your Expensify Service package will automatically renew, unless 598 you change your billing settings to month-to-month, we terminate it, or you notify us by 599 email (<a href="mailto:[email protected]">[email protected]</a>) of your 600 decision to terminate your current Expensify Service package prior to the end of the term. 601 Expensify shall notify you of an upcoming renewal. You must cancel any automatically 602 renewing Expensify Service package before it renews in order to avoid billing of 603 subscription fees for the next renewal term to your credit card; provided, that you are 604 responsible at the time of cancellation for paying in full all subscription fees accrued up 605 to the date of your cancellation. All fees and charges are nonrefundable, and there are no 606 refunds or credits for partially-used periods. If your Expensify Service package is for a 607 term of 12 months or longer, your subscription is deemed to have begun during the month in 608 which you were first billed by Expensify for the Expensify Service package (or, in the event 609 that a Corporate Member connects additional individual Members to its Workspace or otherwise 610 connects individual Members to its Expensify Service package after beginning its 611 subscription, from the month in which you were first billed for those additional individual 612 Members). If you have executed a Statement of Work, the SOW Term and termination provisions 613 shall be as set forth in such Statement of Work. 614 </p> 615 <p> 616 If you breach any of these Terms of Service, the 617 <a href="/commercialcardprogramterms">Expensify Visa® Commercial Card Program Terms</a> , 618 the <a href="/commercialcardagreement">Expensify Visa® Commercial Card Agreement</a>, the 619 <a href="/corporatecardprogramterms">Corporate Card Program Terms</a>, the 620 <a href="/expensifycardagreement">Card Agreement</a>, or the 621 <a href="/payrollterms">Payroll Terms</a>, or violate the rules of an Issuer or Card Network 622 (as defined in the Expensify Visa® Commercial Card Program Terms, or Corporate Card Program 623 Terms), Expensify will have the right to suspend, disable or terminate your Account or Cards 624 or terminate these Terms of Service, at its sole discretion and without prior notice to you. 625 Expensify reserves the right to revoke your access to and use of the Expensify Service or to 626 terminate any Statement of Work at any time, with or without cause. In the event Expensify 627 terminates these Terms of Service for your breach, you will remain liable for any and all 628 amounts due hereunder and you authorize Expensify to charge any payment method on record to 629 pay for such outstanding amounts. 630 </p> 631 <p> 632 If you are party to a Statement of Work, you may terminate your obligations under these 633 Terms of Service (a "<strong>Termination for Cause</strong>") in the event Expensify fails 634 to perform or observe any material term or condition under these Terms of Service and fails 635 to cure such breach within thirty (30) days after receipt of written notice of such breach. 636 </p> 637 <p> 638 Furthermore, while Expensify strives to support a multitude of business and organization 639 types, in certain unique situations, if Expensify cannot support Member's participation in 640 the Payroll Service, Expensify may immediately terminate the Payroll Service upon written 641 notice to Member. 642 </p> 643 <h4>1.11 Privacy</h4> 644 <p> 645 See Expensify's<a href="https://www.expensify.com/privacy"> Privacy Policy</a> for 646 information and notices concerning Expensify's collection and use of your personal 647 information. 648 </p> 649 <h3>2. Special Offerings on the Expensify Service.</h3> 650 <p> 651 <strong>Corporate Card Program.</strong> As part of the Expensify Service, individual 652 Members may elect to receive a Card (which may require approval of a Corporate Member if 653 such Card is connected to a Workspace), along with other related programs provided by 654 Expensify from time to time (the "<strong>Corporate Card Program</strong>"). If you 655 participate in the Corporate Card Program as an individual Member or a Corporate Member, you 656 are subject to the 657 <a href="/commercialcardprogramterms">Expensify Visa® Commercial Card Program Terms</a>, 658 <a href="/commercialcardagreement">Expensify Visa® Commercial Card Agreement</a>, 659 <a href="/corporatecardprogramterms">Corporate Card Program Terms</a> and the<a 660 href="/expensifycardagreement" 661 > 662 Card Agreement</a 663 >. 664 </p> 665 <p> 666 <strong>Concierge.</strong> Expensify operates a virtual personal assistant known as 667 Concierge that helps with support, customer questions, and other services via email or the
668 chat feature in a Member's Account, as described in more detail on the Expensify Service 669 ("<strong>Virtual Assistant Services</strong>"). 670 </p> 671 <p> 672 Concierge may utilize data models trained by machine learning ("<strong>Concierge AI</strong 673 >") as well as third party providers of Virtual Assistant Services, including but not 674 limited to, OpenAI, L.L.C (collectively, "<strong>Suppliers</strong>"). You may provide 675 content to Concierge to be processed by Concierge AI ("<strong>Input</strong>"), and receive 676 output generated and returned by Concierge AI based on the Input 677 ("<strong>Output</strong>"). When you use Concierge AI, Input is your Member-Generated 678 Content. You are solely responsible for the development, content, operation, maintenance, 679 and use of your Member-Generated Content. You will ensure that your Input and use of 680 Concierge AI and use of Output will not (i) violate any applicable law; (ii) violate these 681 Concierge Terms, the Expensify Terms, or our Privacy Policy, or (iii) infringe, violate, or 682 misappropriate any of our rights or the rights of any third party. You acknowledge that due 683 to the nature of machine learning and the technology powering Concierge AI features, Output 684 may not be unique, accurate, or complete, and Concierge AI may generate the same or similar 685 Output for other Members, to Expensify, or a third party. 686 </p> 687 <p> 688 If you use Concierge to book any Virtual Assistant Services, you are authorizing Concierge 689 to act as your agent in any such Virtual Assistant Services performed on your behalf and at 690 your behest. Any cancellation or changes to your access of Concierge may incur fees and such 691 fees will be your responsibility alone, except as otherwise set forth herein. 692 </p> 693 <p> 694 If you choose to use Concierge, you may not use it in a manner that violates any 695 <a target="_blank" rel="noopener noreferrer" href="https://openai.com/policies" 696 >OpenAI Policy</a 697 >. 698 </p> 699 <p> 700 <strong>Travel.</strong> Expensify provides access to a travel platform that allows Members 701 and Corporate Members to book reservations and other services as described on the Site. The 702 Travel Platform is provided by Spotnana Technology, Inc. ("<strong>Spotnana</strong>") and 703 is subject to the 704 <a target="_blank" rel="noopener noreferrer" href="http://www.spotnana.com/terms" 705 >Spotnana Terms of Service</a 706 > 707 (the "<strong>Spotnana Terms</strong>"), which are incorporated herein and into the 708 <a href="/travelterms">Travel Terms</a>. You agree to be bound by the Spotnana Terms (in 709 addition to the Travel Terms), as the same may be modified from time to time. As a condition 710 of the Expensify Service enabling Travel Services and the Travel Platform through Spotnana, 711 you agree to provide accurate and complete information about you and your business, and you 712 authorize the Expensify Service to share such information and transaction information 713 related to your use of the Travel Services and Travel Platform provided by Spotnana. Pricing 714 for use of the Travel Services is available in the Travel Terms and on the Travel Platform 715 at the point of sale. The Spotnana Terms do not apply to any other section of these Terms of 716 Service. In the event of a conflict between these Terms of Service and the Spotana Terms, 717 these Terms of Service shall control except to the extent applicable to acts or omissions of 718 Members and Corporate Members with respect to Travel Services. 719 </p> 720 <p> 721 <strong>Karma Program.</strong> As part of the Expensify Service, we provide a charitable 722 offset program and feedback loop for (i) a Corporate Members whose Corporate Administrators 723 choose to participate in the Corporate Karma Program and all of the Members under such 724 Workspace and (ii) Members who choose to participate via the Personal Karma Program 725 (collectively, the Personal Karma Program and Corporate Karma Program are referred to as the 726 "Karma Program," and the participants listed in (i) through (ii) above, the "Karma 727 Participants"). If you are a Karma Participant in the Karma Program, then you are subject to 728 the<a href="/karmaprogramterms"> Karma Program Terms</a>, and you acknowledge and agree that 729 your name and chosen login credentials (e-mail address or phone number, depending on your 730 chosen registration method) may be shared with volunteers in the Karma Program and other 731 Members who are part of the Karma Program. As part of the Karma Program, you agree to 732 receive emails, texts and/or chats regarding the Karma Program from Expensify, Karma Program 733 volunteers and other participants in the Karma Program. You also agree to re
733ceive 734 instructions on how to use other Expensify functions to provide alternate forums for 735 communications regarding the Karma Program. 736 </p> 737 <p> 738 <strong>Lounge(s).</strong> As part of the Expensify Service, individual Members may choose 739 to visit the Expensify Lounge, when and where available, where Members can access community 740 workspaces and free Wifi (defined below) along with complimentary drinks and snacks 741 available to Members and their guests. If you choose to visit the Expensify Lounge as an 742 individual Member, you must abide by the following rules: 743 </p> 744 <ul class="styled marginLeft30"> 745 <li> 746 <p> 747 You must be at least 21 years of age or be accompanied by an adult who is at least 748 21, and be able to provide a valid government-issued photo ID (such as a driver's 749 license, passport or military ID). 750 </p> 751 </li> 752 <li> 753 <p>You may bring up to one (1) guest with you to the Expensify Lounge for any visit.</p> 754 </li> 755 <li> 756 <p>Food and alcoholic beverages may not be brought into Lounge locations.</p> 757 </li> 758 <li> 759 <p> 760 Food and beverage is provided for consumption and use in the Lounge and may not be 761 removed. Alcoholic beverages will not be served to anyone under 21 years old or to 762 anyone obviously intoxicated as determined in the server's sole discretion. 763 </p> 764 </li> 765 <li> 766 <p> 767 Expensify reserves the right to modify pricing, benefits, services, hours, Lounge 768 locations at any time with or without written notice to its Members. 769 </p> 770 </li> 771 <li> 772 <p> 773 Expensify considers an individual Member's or their guest's use of the Expensify 774 Lounge as an acceptance of these rules and with respect to any guest, an acceptance 775 of these Terms of Service. 776 </p> 777 </li> 778 <li> 779 <p> 780 <span style="text-decoration: underline">Free Wifi Terms and Conditions</span>. By 781 using our Internet service (the "<strong>Wifi</strong>"), you hereby expressly 782 acknowledge and agree to the following: 783 </p> 784 <ul class="styled marginLeft30"> 785 <li> 786 <p> 787 <strong 788 >Expensify may revise these terms and conditions at any time. It is your 789 responsibility to review them for any changes each time you access the 790 Wifi. We reserve the right at all times to withdraw the Wifi, change the 791 specifications or manner of use of the Wifi, to change access codes, 792 usernames, passwords and/or other sign-on mechanisms, or other security 793 information necessary to access the Wifi.</strong 794 > 795 </p> 796 </li> 797 <li> 798 <p> 799 By using our Internet service (the "<strong>Wifi</strong>"), you hereby 800 expressly acknowledge and agree that there are significant security, 801 privacy, and confidentiality risks inherent in accessing or transmitting 802 information through the Internet, whether the connection is facilitated 803 through wired or wireless technology. Security issues include, without 804 limitation, interception of transmissions, loss of data, and the 805 introduction or viruses and other programs that can corrupt or damage your 806 computer. Accordingly, you agree that Expensify is NOT liable for any 807 interception or transmissions, computer worms or viruses, loss of data, file 808 corruption, hacking or damage to your computer or other devices that result 809 from the transmission or download of information or materials through the 810 Wifi provided. Expensify reserves the right to monitor and collect 811 information while you are connected to the Wifi in order to provide the Wifi 812 and ensure its quality. Nevertheless, we do not guarantee the Wifi or 813 specific rates of speed. We also have no control over information obtained 814 through the Internet and cannot be held responsible for its content or 815 accuracy. 816 </p> 817 </li> 818 <li> 819 <p> 820 We are not liable for any damage, undesired resource usage, or detrimental 821 effects that may occur to your device and/or software while your device is 822 attached to the Wifi. You are responsible for any actions taken from your 823 device, whether intentional or unintentional, that damage or otherwise 824 affect other devices or users of the Wifi. You hereby release Expensify from 825 liability for any loss, damage, security infringement, or injury which you 826 may sustain as a result of being allowed access to the Wifi. You agree to be 827 solely responsible for any such loss, infringement, damage, or injury. 828 </p> 829 </li> 830 <li> 831 <p> 832 The Wifi may only be used for lawful purposes and in a manner which we 833 believe to be consistent with the rights of other users. If abnormal, 834 illegal, or unauthorized behavior is detected, including heavy consumption 835 of bandwidth, Expensify reserves the right to permanently disconnect the 836 offending device from the wireless network. 837 </p> 838 </li> 839 <li> 840 <p> 841 The Wifi shall not be used in a manner which would violate any law or 842 infringe any copyright, trademark, trade secret, right of publicity, privacy 843 right, or any other right of any person or entity. The Wifi shall not be 844 used for the purpose of accessing, transmitting, or storing material which 845 is considered obscene, libelous or defamatory. Illegal acts may subject you 846 to prosecution by local, state, federal, or international authorities. We 847 may bring legal action to enjoin violations of these terms and conditions 848 and/or to collect damages, if any, caused by violations. 849 </p> 850 </li> 851 <li> 852 <p> 853 You will run appropriate anti-virus software to remove such damaging 854 software from your computer. 855 </p> 856 </li> 857 <li> 858 <p> 859 You will use the Wifi only as permitted by applicable local, state, federal, 860 and international laws. You will refrain from any actions that we consider 861 to be negligent or malicious. 862 </p> 863 </li> 864 </ul> 865 </li> 866 </ul> 867 <p> 868 <strong>ACH Terms.</strong> Corporate Members in the United States may link a business bank 869 account to initiate reimbursement payments or otherwise participate in Expensify Invoicing 870 or other payment-related services via the Automated Clearing House (ACH) Network. For more 871 information and to review the Agreement for ACH Services, visit Expensify's<a 872 href="/achterms" 873 > 874 ACH Terms</a 875 >. 876 </p> 877 <p> 878 <strong>Payroll Terms.</strong> Corporate Members in certain states can elect to enroll in 879 Expensify's Payroll Service as part of their standard monthly subscription. As part of this 880 service, Expensify will act as the Corporate Member's payroll provider. Members whose 881 Corporate Member enrolls in Expensify's Payroll Service give Expensify permission to obtain, 882 verify, and record information that identifies the individual who creates an Account, is the 883 intended user of an Account, or accesses the Payroll Service. Expensify may ask for Member's 884 name, address, date of birth, social security number, and other information that will allow 885 Expensify to identify Member. Expensify may also ask to see Member's driver's license or 886 other identifying documents. Member consents to and authorizes Expensify to obtain credit 887 reports about Member's business, and to report adverse credit information about Member's 888 business to others, including but not limited to the Internal Revenue Service and any 889 applicable state taxing authorities. Expensify may, at its discretion, decline to offer the 890 Payroll Service for any reason, including in the event that the Payroll Service enrollment 891 process is not satisfactorily completed, Expensify is unable to verify satisfactory credit 892 of Member's business, and/or for other lawful business reasons. 893 </p> 894 <p> 895 For more information on the Payroll Service and to review the Payroll Terms, visit 896 <a href="/payrollterms">Expensify's Payroll Terms</a>. 897 </p> 898 <h4>2.1 Referral Program</h4> 899 <p> 900 Expensify offers a referral program for its Corporate Members and individual Members who pay 901 for an Expensify membership (each, an "<strong>Eligible Member</strong>" and such program 902 the "<strong>Referral Program</strong>"), as set forth below and in more detail on the 903 <a 904 target="_blank" 905 rel="noopener noreferrer" 906 href="https://help.expensify.com/articles/expensify-classic/expensify-partner-program/Referral-Program" 907 >Referral Program Page</a 908 >. To be eligible for a Referral Fee (as defined on the Referral Program Page), an Eligible 909 Member must abide by the following terms and conditions: 910 </p> 911 <ul data-rte-list="default" style="margin-left: 40px"> 912 <li> 913 <p> 914 Referral Fee Payment. Expensify shall pay to an Eligible Member a Referral Fee for 915 each Successful Referral (as defined on the Referral Program Page). Any valid, 916 earned Referral Fee shall be paid to Eligible Member within a reasonable time via 917 wire, check, or other means as determined by Expensify in its sole discretion. With 918 appropriate documentation, Referral Fees may be adju
918sted for any refunds, returns, 919 or payment failures, with right of setoff by Expensify against other Referral Fees 920 owed by Expensify to Eligible Member. 921 </p> 922 </li> 923 <li> 924 <p> 925 Fee Restrictions. For the avoidance of doubt, to earn the Referral Fee, the new 926 Member must comply with the terms and conditions set forth on the Referral Program 927 Page. Additionally, to the extent a referral from an Eligible Member has had an 928 Account with Expensify within the six (6) months prior to opening a new Paid Member 929 Account, then Eligible Member shall not be entitled to any Referral Fee hereunder. 930 Notwithstanding anything to the contrary contained herein, Expensify shall not be 931 required to enter into any agreements with the parties referred by an Eligible 932 Member. 933 </p> 934 </li> 935 <li> 936 <p> 937 Taxes. Each party shall be responsible for and pay any and all applicable federal, 938 state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar 939 assessments (including without limitation, sales taxes, use taxes, and value added 940 taxes) resulting from its own activities related to referrals. 941 </p> 942 </li> 943 <li> 944 <p> 945 Expensify reserves the right to modify the Referral Fee, any fee restrictions, and 946 the Referral Program at any time with or without written notice. 947 </p> 948 </li> 949 <li> 950 <p> 951 If you choose to use our referral service to tell a friend about Expensify, or if, 952 as a Corporate Administrator, you refer an employee or other authorized service 953 provider to connect with your Workspace (each such individual, a "<strong 954 >Referred Party</strong 955 >"), you must seek consent of the Referred Party so that Expensify may use their 956 name and email address to contact them about the Expensify Service. By providing us 957 with the Referred Party's name and email address, you warrant that the Referred 958 Party consents to such contact. If you were referred by a friend or a Corporate 959 Administrator, and you activate an Account, you hereby agree that Expensify may use 960 such Personal Data as if you had directly provided it to Expensify, which such 961 Personal Data will be governed by the <a href="/privacy">Privacy Policy</a>. 962 </p> 963 </li> 964 </ul> 965 <h4>2.2 Expensify.org</h4> 966 <p> 967 Expensify.org is a California nonprofit public benefit corporation that provides a platform 968 for individuals and entities to donate funds to various charitable initiatives and be 969 reimbursed for expenses related to volunteer activities, along with other related services. 970 Please visit Expensify.org to review the 971 <a target="_blank" rel="noopener noreferrer" href="https://expensify.org/terms" 972 >Terms of Service</a 973 >. 974 </p> 975 <h4>2.3 Links to Third-Party Websites</h4> 976 <p> 977 The Expensify Service may now or in the future contain links to third-party websites, 978 advertisers, services, or resources that are not owned or c
978ontrolled by Expensify. You 979 acknowledge and agree that Expensify has no control over and is not responsible or liable 980 for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, 981 products, privacy policies, practices, or services on or available from such websites or 982 resources. Links to such websites or resources do not imply any endorsement by Expensify of 983 such websites or resources or the Content, products, practices, privacy policies, or 984 services available from such websites or resources. You acknowledge sole responsibility for 985 and assume all risk arising from your use of any such websites or resources or the Content, 986 products, or services on or available from such websites or resources. Additionally, your 987 dealings with or participation in promotions of any third parties, including payment and 988 delivery of goods, and any other terms (such as warranties) are solely between you and such 989 third parties. You agree that Expensify shall not be responsible for any loss or damage of 990 any sort relating to your dealings with such third parties. We encourage you to be aware of 991 when you leave the Expensify Service or Site, and to read the terms and conditions and 992 privacy policy of any third-party website or service that you visit. You expressly relieve 993 Expensify from any and all liability arising from your use of any third-party website or 994 services or third-party Content. 995 </p> 996 <h3>3. Your Content.</h3> 997 <h4>3.1 Content Generally</h4> 998 <p> 999 "<strong>Content</strong>" shall mean any text, graphics, photos, music, software, audio, 1000 video, information, or other materials. Content shall be "<strong>Expensify Content</strong 1001 >" if Expensify makes such Content available through the Site or Expensify Service, 1002 including any Content licensed to Expensify from a third party, but excluding 1003 Member-Generated Content (as defined below). "<strong>Site Content</strong>" shall refer to 1004 all Expensify Content and Member-Generated Content. 1005 </p> 1006 <h4>3.2 Member Data</h4> 1007 <p> 1008 Subject to the section below labeled "<strong>Member Data Shared with Workspaces</strong>", 1009 each individual Member shall retain all right, title and interest in and to (a) all Content 1010 transmitted by or on behalf of an individual Member to Expensify, Issuers, Card Networks, or 1011 Third-Party Service Providers (as defined in the<a href="/corporatecardprogramterms"> 1012 Corporate Card Program Terms</a 1013 > 1014 or<a href="/payrollterms"> Payroll Terms</a>, as and if applicable), in connection with its 1015 use of the Expensify Service and (b) reports and other materials generated by the Expensify 1016 Service following such transmission (collectively, "<strong>Member Data</strong>"), 1017 provided, however, that Member hereby grants to Expensify a worldwide, royalty-free, 1018 non-exclusive license to use (i) data generated as a result of Member's use of the Expensify 1019 Service solely for purposes of: (x) maintaining and improving the Expensify Service and (y) 1020 providing Member with access to and information about customized features, new 1021 functionality, partner integrations, special product offers and promotions, newsletters, 1022 personal interest pieces, interests for the Expensify community, events, elections, and 1023 campaigns, and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of 1024 the Expensify Service compiled by Expensify solely for marketing purposes, research 1025 purposes, or data analysis. Notwithstanding the foregoing, if you connect with a Workspace 1026 or otherwise submit an expense report or payroll information to a Corporate Member or any 1027 other Member, that Corporate Member or other Member also has right and title to the Member 1028 Data necessary for their internal bookkeeping or payroll purposes, subject to the license to 1029 Expensify set forth above. 1030 </p> 1031 <h4>3.3 Member Data Shared with Workspaces</h4> 1032 <p> 1033 Notwithstanding the foregoing, if you connect with a Workspace or otherwise submit an 1034 expense report or payroll information to a Corporate Member or any other Member, that 1035 Corporate Member or other Member also has right to use, access, store, and copy the Member 1036 Data necessary for their internal bookkeeping purposes, subject to the license to Expensify 1037 set forth above in the section below labeled "Member Data." 1038 </p> 1039 <h4>3.4 Corporate Member Art</h4> 1040 <p> 1041 Corporate Member shall retain all right, title and interest in and to all of Corporate 1042 Member's logos, promotional graphics and related marketing designs (collectively, the 1043 "<strong>Corporate Member Art</strong>"), provided, however, that Corporate Member hereby 1044 grants to Expensify a worldwide, royalty-free, non-exclusive license to use the Corporate 1045 Member Art, as well as Corporate Member's corporate and/or trade name, for purposes of 1046 fulfilling its obligations hereunder and marketing Expensify's products and services to 1047 third parties, subject to Corporate Member's right in each instance to approve the manner
1048 and form of such use (which approval shall be in writing and shall not be unreasonably 1049 withheld or delayed). 1050 </p> 1051 <h4>3.5 Member-Generated Content</h4> 1052 <p> 1053 As part of the Expensify Service, Expensify may allow a Member to post, upload, publish, 1054 submit or transmit Content to Expensify, to other Members, or to non-Members, via the 1055 Expensify blog, social features, direct messaging, group messaging, e-mail or chat features 1056 (hereafter collectively referred to as "<strong>Expensify Chat</strong>"), or at various 1057 other publicly available locations on the Expensify Service ("Member-Generated Content"). 1058 These public forums may be hosted by Expensify or by one of our third-party service 1059 providers on our behalf. You expressly acknowledge and agree that we may share your 1060 Member-Generated Content with third party services, including but not limited to OpenAI, 1061 L.L.C. ("<strong>OpenAI</strong>") and Spotnana, and that we expressly disclaim any and all 1062 liability in connection therewith. You agree in posting Member-Generated Content to follow 1063 certain rules, including the Acceptable Use Policy and Content Standards, and understand and 1064 agree that if you do not follow the Acceptable Use Policy and Content Standards, your 1065 Member-Generated Content may be flagged and handled in accordance with our Enforcement 1066 Policy (the Acceptable Use Policy and Content Standards and Enforcement Policy are set forth 1067 in Sections 6 and 7 below). You are responsible for all Member-Generated Content you submit, 1068 upload, send via SMS or other messaging tool, post or store through these areas of the 1069 Expensify Service. You grant Expensify, our affiliates and service providers, and each of 1070 their and our respective licensees, successors, and assigns a non-exclusive, transferable, 1071 sub-licensable, royalty-free, and worldwide, license to use, distribute, modify, run, copy, 1072 publicly perform or display, translate, and create derivative works and authorize Expensify 1073 to enforce any unauthorized use or reproduction of any Member-Generated Content provided 1074 through your use of the Expensify Service. Archive your Member-Generated Content frequently. 1075 You are responsible for any lost or unrecoverable Member-Generated Content. You must provide 1076 all required and appropriate warnings, information and disclosures. Expensify is not 1077 responsible for the Content or data you submit through the Expensify Service. When you 1078 provide Member-Generated Content for use with AI Functions, you may receive responses 1079 generated and returned by the AI Functions ("<strong>AI Content</strong>"). You authorize 1080 Expensify and its third-party providers to process your Member-Generated Content to provide 1081 you with AI Content. You agree that Expensify may use subprocessors to conduct the AI 1082 Functions that will generate AI Content to you. 1083 </p> 1084 <p> 1085 "<strong>AI Functions</strong>" is defined as features and capabilities offered as part of 1086 the Services that utilize artificial intelligence, machine learning or similar technologies 1087 developed by third-party providers. Such third party providers exclusively own all right, 1088 title, and interest in and to the AI Functions, including all associated intellectual 1089 property rights. 1090 </p> 1091 <p> 1092 You represent and warrant that: (i) you own or control all rights in and to the 1093 Member-Generated Content that you post and have the right to grant the license granted above 1094 to us and our affiliates and service providers, and each of their and our respective 1095 licensees, successors, and assigns; (ii) all of your Member-Generated Content does and will 1096 comply with these Terms of Service. 1097 </p> 1098 <h3>4. Expensify Content.</h3> 1099 <h4>4.1 License Granted by Expensify</h4> 1100 <p> 1101 Subject to your compliance with these Terms of Service, Expensify grants you a limited 1102 non-exclusive, non-transferable license to download and install a copy of the Application on 1103 your mobile device and run such copy of the Application solely for your own personal or 1104 business use. Furthermore, with respect to an Application accessed through or downloaded 1105 from any app store or distribution platform (like the Apple App Store or Google Play) (an 1106 "<strong>App Store Sourced Application</strong>"), you will only use the App Store Sourced 1107 Application as permitted by any usage rules set forth in the in the applicable app store's 1108 terms of use. Expensify reserves all rights in the Application not expressly granted to you 1109 by these Terms of Service. See also the section herein titled "Accessing and Downloading the 1110 Application from App Provider." 1111 </p> 1112 <h4>4.2 Confidentiality</h4> 1113 <p> 1114 The term "<strong>Confidential Information</strong>" shall mean any and all of Expensify's 1115 trade secrets, confidential and proprietary information and all other information and data 1116 of Expensify that is not generally known to the public or other third parties who could 1117 derive value, economic or otherwise, from its use or disclosure. Confidential Information 1118 shall be deemed to include technical, financial, strategic and other proprietary and 1119 confidential information relating to Expensify's business, operations and properties, 1120 including information about Expensify's users or partners, or other business information 1121 disclosed directly or indirectly in writing, orally or by drawings or observation. You 1122 acknowledge that Confidential Information is a valuable, special and unique asset of 1123 Expensify and agree that you will not disclose, transfer, use (or seek to induce others to 1124 disclose, transfer or use) any Confidential Information for any purpose other than 1125 disclosure to your authorized employees and agents who are bound to maintain the 1126 confidentiality of Confidential Information. You shall promptly notify Expensify in writing 1127 of any circumstances which may constitute unauthorized disclosure, transfer, or use of 1128 Confidential Information. You shall use best efforts to protect Confidential Information 1129 from unauthorized disclosure, transfer or use. You shall return all originals and any copies 1130 of any and all materials containing Confidential Information to Expensify upon termination 1131 of this Agreement for any reason whatsoever. 1132 </p> 1133 <h4>4.3 Ownership</h4> 1134 <p> 1135 Expensify shall own and retain all right, title, and interest in and to the Expensify 1136 Service (except for any licensed content and software components included therein). Member 1137 agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, 1138 copy (including capturing screenshots), alter, modify, or create derivative works of the 1139 Expensify Service or otherwise use the Expensify Service in any way that violates the use 1140 restrictions contained in these Terms of Service. Expensify does not grant to Member any 1141 license, express or implied, to the intellectual property of Expensify or its licensors. 1142 Member further acknowledges and agrees that any information regarding the design, "<strong 1143 >look and feel</strong 1144 >", specifications, components, functionality or operation and payment terms and pricing (if 1145 applicable) of the Expensify Service is considered Confidential Information of Expensify. 1146 </p> 1147 <h4>4.4 Expensify Logos and Designs</h4> 1148 <p> 1149 Expensify's graphics, logos, designs, page headers, button icons, scripts and service names 1150 are registered trademarks, trademarks or trade dress of Expensify in the U.S. and/or other 1151 countries. Expensify's trademarks and trade dress may not be used, including as part of 1152 trademarks and/or as part of domain names, in connection with any product or service in any 1153 manner that is likely to cause confusion and may not be copied, imitated, or used, in whole 1154 or in part, without Expensify's prior written permission. 1155 </p> 1156 <h3>5. Digital Mililennium Copyright Act Notices</h3> 1157 <p> 1158 If you believe that your copyrighted work has been copied in a way that constitutes 1159 copyright infringement and is accessible through the Expensify Service, please notify 1160 Expensify's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 1161 (DMCA). For your complaint to be valid under the DMCA, you must provide the following 1162 information in writing: 1163 </p> 1164 <ol class="styled marginLeft30"> 1165 <li> 1166 <p> 1167 An electronic or physical signature of a person authorized to act on behalf of the 1168 copyright owner; 1169 </p> 1170 </li> 1171 <li> 1172 <p>Identification of the copyrighted work that you claim is being infringed;</p> 1173 </li> 1174 <li> 1175 <p> 1176 Identification of the material that is claimed to be infringing and where it is 1177 located on the Services; 1178 </p> 1179 </li> 1180 <li> 1181 <p> 1182 Information reasonably sufficient to permit Expensify to contact you, such as your 1183 address, telephone number, and email address; 1184 </p> 1185 </li> 1186 <li> 1187 <p> 1188 A statement that you have a good faith belief that use of the material in the manner 1189 complained of is not authorized by the copyright owner, its agent, or law; and 1190 </p> 1191 </li> 1192 <li> 1193 <p> 1194 A statement, made under penalty of perjury, that the above information is accurate, 1195 and that you are the copyright owner or are authorized to act on behalf of the 1196 owner. 1197 </p> 1198 </li> 1199 </ol> 1200 <p> 1201 Expensify's Designated Copyright Agent to receive notifications of claimed infringement can 1202 be reached as follows: 1203 </p> 1204 <p class="marginLeft30"> 1205 Attention: Copyright Agent <br />Expensify, Inc. <br />401 SW 5th Ave <br />Portland, OR 1206 97204 <br /><a href="mailto:[email protected]">[email protected]</a> 1207 </p> 1208 <p> 1209 For clarity, only DMCA notices should go to the Expensify, Inc. Designated Copyright Agent. 1210 Any other feedback, comments, requests for technical support or other communications should 1211 be directed to Expensify via 1212 <a href="mailto:[email protected]">[email protected]</a>. 1213 </p> 1214 <h3>6. Acceptable Use Policy and Content Standards;
1214 Enforcement Policy.</h3> 1215 <p>As part of your use of the Expensify Service, you agree not to do any of the following:</p> 1216 <ol class="styled marginLeft30"> 1217 <li> 1218 <p> 1219 Post, upload, publish, submit or transmit any Member Data or Member-Generated 1220 Content that: (i) infringes, misappropriates or violates a third party's patent, 1221 copyright, trademark, trade secret, moral rights or other intellectual property 1222 rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct 1223 that would violate, any applicable law or regulation or would give rise to civil 1224 liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, 1225 obscene, pornographic, indecent, abusive, hateful, inflammatory, vulgar, offensive 1226 or otherwise objectionable; (v) promotes sexually explicit or pornographic material, 1227 or discrimination, bigotry, racism, hatred, harassment or harm against any 1228 individual or group including but not limited to race, sex, religion, nationality, 1229 disability, sexual orientation, or age; (vi) is violent or threatening or promotes 1230 violence or actions that are threatening to any person or entity; (vii) promotes 1231 illegal or harmful activities or substances or advocates, promotes or assists any 1232 unlawful act; (viii) causes annoyance, inconvenience, or needless anxiety or is 1233 likely to upset, embarrass, alarm, or annoy any other person; (ix) is likely to 1234 deceive any person, or impersonate any person, or misrepresent your identity or 1235 affiliation with any person or organization; (v) involves commercial activities or 1236 sales, such as contests, sweepstakes, and other sales promotions, barter, marketing, 1237 or advertising; (vi) gives the impression that it emanates from or is endorsed by us 1238 or any other person or entity, if this is not the case; or (vii) is, in Expensify's 1239 sole discretion, objectionable or exposes Members to harm or liability; 1240 </p> 1241 </li> 1242 <li> 1243 <p> 1244 Use, display, screenshot, copy, upload, transmit, mirror or frame the Expensify 1245 Service, or any individual element within the Expensify Service, Expensify's name, 1246 any Expensify trademark, logo or other proprietary information, or the layout and 1247 design of any page or form contained on a page, without Expensify's express written 1248 consent; 1249 </p> 1250 </li> 1251 <li> 1252 <p> 1253 Access, tamper with, or use non-public areas of the Expensify Service, Expensify's 1254 computer systems, or the technical delivery systems of Expensify's providers, or 1255 otherwise attempt to do any of the foregoing; 1256 </p> 1257 </li> 1258 <li> 1259 <p> 1260 Attempt to probe, scan, or test the vulnerability of any Expensify system or network 1261 or breach any security or authentication measures; 1262 </p> 1263 </li> 1264 <li> 1265 <p> 1266 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such 1267 as of privacy and publicity) of any other use of the Expensify Service or staff 1268 member of Expensify; 1269 </p> 1270 </li> 1271 <li> 1272 <p> 1273 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any 1274 technological measure implemented by Expensify or any of Expensify's providers or 1275 any other third party (including another user) to protect the Expensify Service or 1276 Site Content; 1277 </p> 1278 </li> 1279 <li> 1280 <p> 1281 Attempt to access or search the Expensify Service or Site Content or download Site 1282 Content from the Expensify Service through the use of any engine, software, tool, 1283 agent, device or mechanism (including spiders, robots, crawlers, data mining tools
1284 or the like) other than the software and/or search agents provided by Expensify or 1285 other generally available third party web browsers; 1286 </p> 1287 </li> 1288 <li> 1289 <p> 1290 Send any unsolicited or unauthorized advertising, promotional materials, email, SMS, 1291 junk mail or junk messages, spam, chain letters or other form of solicitation 1292 (including sending invitations to use the Expensify Service, marketing texts, or any 1293 texts to the mobile or other phone numbers of people you do not know, with whom you 1294 do not have an existing business relationship, or from whom you have not received 1295 consent to such contact)(standard text messaging and/or data rates from your 1296 wireless service provider may apply); 1297 </p> 1298 </li> 1299 <li> 1300 <p> 1301 Use or disclose any Confidential Information of Expensify, except as otherwise 1302 explicitly set forth herein; 1303 </p> 1304 </li> 1305 <li> 1306 <p> 1307 Use any meta tags or other hidden text or metadata utilizing an Expensify trademark, 1308 logo URL or product name without Expensify's express written consent; 1309 </p> 1310 </li> 1311 <li> 1312 <p> 1313 Use the Expensify Service or Site Content for any commercial purpose or the benefit 1314 of any third party or in any manner not permitted by these Terms of Service; 1315 </p> 1316 </li> 1317 <li> 1318 <p> 1319 Forge any TCP/IP packet header or any part of the header information in any email or 1320 newsgroup posting, or in any way use the Expensify Service or Site Content to send 1321 altered, deceptive or false source-identifying information; 1322 </p> 1323 </li> 1324 <li> 1325 <p> 1326 Attempt to decipher, decompile, disassemble or reverse engineer any of the software 1327 used to provide the Expensify Service or Site Content; 1328 </p> 1329 </li> 1330 <li> 1331 <p> 1332 Interfere with, or attempt to interfere with, the access of any user, host or 1333 network, including, without limitation, sending a virus, Trojan horses, worms, logic 1334 bombs, overloading, flooding, spamming, or mail-bombing the Expensify Service or 1335 otherwise introduce other material that is malicious or technologically harmful; 1336 </p> 1337 </li> 1338 <li> 1339 <p> 1340 Collect or store any personally identifiable information from the Expensify Service 1341 from other users of the Expensify Service without their express written permission 1342 or as otherwise provided for in these Terms of Service; 1343 </p> 1344 </li> 1345 <li> 1346 <p>Impersonate or misrepresent your affiliation with any person or entity;</p> 1347 </li> 1348 <li> 1349 <p>Violate any applicable law or regulation</p> 1350 </li> 1351 <li> 1352 <p> 1353 Violate the Telephone Consumer Protection Act and its do-not-call list provisions; 1354 </p> 1355 </li> 1356 <li> 1357 <p> 1358 If you are affiliated with a Corporate Member, use the Expensify Service or Site 1359 Content in violation of such Corporate Member's data retention or legal hold 1360 policies; 1361 </p> 1362 </li> 1363 <li> 1364 <p> 1365 Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of 1366 the Site, or which, as determined by us, may harm Expensify or Members, or expose 1367 them to liability; 1368 </p> 1369 </li> 1370 <li> 1371 <p> 1372 Violate any applicable law, rule, or regulation, or the National Automated Clearing 1373 House Association Operating Rules, as they may be amended from time to time (as 1374 amended, the "<strong>NACHA Rules</strong>"); or 1375 </p> 1376 </li> 1377 <li> 1378 <p>Encourage or enable any other individual or entity to do any of the foregoing.</p> 1379 </li> 1380 </ol> 1381 <p> 1382 Expensify will have the right to investigate and prosecute violations of any of the above to 1383 the fullest extent of the law. Expensify may involve and cooperate with law enforcement 1384 authorities and other third parties as appropriate in prosecuting or taking other related 1385 legal actions regarding Members or other users who violate these Terms of Service or violate 1386 laws including intellectual property rights or violations of privacy rights. You acknowledge 1387 that Expensify has no obligation to monitor your access to or use of the Expensify Service, 1388 or to review, edit, or delete any Member Data or Member-Generated Content, but it has the 1389 right to do so for the purpose of operating the Expensify Service, to ensure your compliance 1390 with these Terms of Service, or to comply with applicable law or the order or requirement of 1391 a court, administrative agency or other governmental body. Accordingly, we assume no 1392 liability for any action or inaction regarding transmissions, communications, or content 1393 provided by any user or third party. We have no liability or responsibility to anyone for 1394 performance or nonperformance of the activities described
1394in this section. You further 1395 acknowledge and agree that if Expensify determines in its sole discretion that your use of 1396 the Expensify Service is in violation of these Terms of Service, Expensify may terminate 1397 your use of the Expensify Service or restrict your access (temporarily or permanently) to 1398 certain features of the Expensify Service. If you print, copy, modify, download, screenshot, 1399 post or otherwise use or provide any other person with access to any part of the Expensify 1400 Service in breach of the Terms of Service, you must, at our option, return, takedown or 1401 destroy any copies, uploads, screenshots, posts, or other disclosures of the materials you 1402 have made. Any use of the Expensify Service not expressly permitted by these Terms of 1403 Service is a breach of these Terms of Service and may violate copyright, trademark, and 1404 other laws. 1405 </p> 1406 <h3>7. Enforcement Policy</h3> 1407 <p> 1408 If Expensify determines that you have violated our Acceptable Use Policy and Content 1409 Standards, Expensify may, among other remedies, flag your Member Content, restrict your 1410 access, or terminate you as a Member. We use a combination of technology (including 1411 technology provided by OpenAI), notifications from other Members, and human review teams to 1412 detect and review potentially violating Member Content. 1413 </p> 1414 <p> 1415 If an Expensify Member identifies potentially violating Member Content to Expensify (each 1416 identification, a "<strong>Flag</strong>", and each such Member, a 1417 "<strong>Reporter</strong>"), you agree and acknowledge that the process set forth in our 1418 <a 1419 target="_blank" 1420 rel="noopener noreferrer" 1421 href="https://help.expensify.com/Hidden/Expensify-Lounge" 1422 >Community Guidelines</a 1423 > 1424 will be followed. 1425 </p> 1426 <p> 1427 Members will receive confirmation if their Flag was successful, and, for those decisions 1428 that require review, Expensify will inform them of the enforcement decision (whether their 1429 Flag was upheld or rejected). Reporters will remain anonymous in all cases except for 1430 Expensify Chats that are direct messages and receive a Flag, where anonymity would be 1431 impossible. Members whose content receives a Flag will also be notified of the decision once 1432 it is made. 1433 </p> 1434 <h3>8. Liability Matters and Indemnification.</h3> 1435 <p> 1436 PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF EXPENSIFY TO YOU. YOUR 1437 USE OF THE EXPENSIFY SERVICE IS AT YOUR OWN RISK. 1438 </p> 1439 <h4>8.1 Disclaimers</h4> 1440 <p> 1441 THE EXPENSIFY SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, 1442 EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPENSIFY EXPLICITLY DISCLAIMS 1443 ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AN
1443D 1444 ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXPENSIFY MAKES NO 1445 WARRANTY THAT THE EXPENSIFY SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE 1446 AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPENSIFY MAKES NO WARRANTY 1447 REGARDING THE QUALITY OF ANY PRODUCTS, EXPENSIFY SERVICE OR SITE CONTENT PURCHASED OR 1448 OBTAINED THROUGH THE EXPENSIFY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, 1449 COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE EXPENSIFY SERVICE. EXPENSIFY 1450 DOES NOT WARRANT THE RESULTS OF USE OF THE EXPENSIFY SERVICE, AND USERS OF THE EXPENSIFY 1451 SERVICE ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. USERS OF THE EXPENSIFY 1452 SERVICE SHOULD NOTE THAT IN USING THE EXPENSIFY SERVICE, SENSITIVE INFORMATION WILL TRAVEL 1453 THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE NOT UNDER EXPENSIFY'S CONTROL (SUCH AS 1454 THIRD-PARTY SERVERS AND THE INTERNET). EXPENSIFY MAKES NO WARRANTY WITH RESPECT TO THE 1455 SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES. 1456 </p> 1457 <p> 1458 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPENSIFY OR THROUGH THE 1459 EXPENSIFY SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 1460 </p> 1461 <p> 1462 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS 1463 OF THE EXPENSIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A 1464 RESULT OF YOUR USE OF THE EXPENSIFY SERVICE. YOU UNDERSTAND THAT EXCEPT AS OTHERWISE 1465 PROVIDED IN THESE TERMS OF SERVICE, EXPENSIFY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND 1466 OF ANY USERS OF THE EXPENSIFY SERVICE, NOR DOES EXPENSIFY MAKE ANY ATTEMPT TO VERIFY THE 1467 STATEMENTS OF USERS OF THE EXPENSIFY SERVICE. EXPENSIFY MAKES NO REPRESENTATIONS OR 1468 WARRANTIES AS TO THE CONDUCT OF USERS OF THE EXPENSIFY SERVICE OR THEIR COMPATIBILITY WITH 1469 ANY CURRENT OR FUTURE USERS OF THE EXPENSIFY SERVICE. YOU AGREE TO TAKE REASONABLE 1470 PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE EXPENSIFY SERVICE 1471 AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE 1472 EXPENSIFY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. 1473 </p> 1474 <p> 1475 SMS NOTIFICATIONS OFFERED THROUGH THE EXPENSIFY SERVICE AND NEW.EXPENSIFY.COM ARE OFFERED ON 1476 AN "AS-IS" BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO 1477 WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY YOUR WIRELESS 1478 CARRIER. EXPENSIFY WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY 1479 MOBILE MESSAGES CONNECTED WITH THE SMS NOTIFICATION PROGRAM. DELIVERY OF SMS MESSAGES IS 1480 SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND 1481 IS OUTSIDE OF OUR CONTROL. STANDARD TEXT MESSAGING AND/OR DATA RATES FROM YOUR WIRELESS 1482 PROVIDER MAY APPLY. 1483 </p> 1484 <p> 1485 EXPENSIFY DOES NOT MAKE ANY WARRANTY REGARDING THE RESULTS OBTAINABLE FROM USING AI 1486 FUNCTIONS OR THE ACCURACY OR SUITABILITY FOR YOUR NEEDS OF ANY INFORMATION (INCLUDING, BUT 1487 NOT LIMITED TO, MATERIALS, CONTENT, DESIGNS, OR OTHER DATA) OBTAINED THROUGH AI FUNCTIONS. 1488 YOU UNDERSTAND AND AGREE THAT ANY SUCH INFORMATION OBTAINED THROUGH USING AI FUNCTIONS IS AT 1489 YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN AI OUTPUT WITHOUT INDEPENDENT 1490 FACT-CHECKING. DO NOT RELY ON INFORMATION, CONTENT, MATERIALS, OR DESIGNS IN AI OUTPUT 1491 WITHOUT INDEPENDENT REVIEW FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. NO SUCH 1492 INFORMATION, SUGGESTIONS, OR OUTPUT, OBTAINED BY YOU FROM EXPENSIFY OR THROUGH AI FUNCTIONS 1493 SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 1494 </p> 1495 <h4>8.2 Third Party Disputes.</h4> 1496 <p> 1497 Expensify is not affiliated with any other Member, Corporate Member, Merchant, Client, 1498 third-party service provider affiliated with your Linked Financial Account, or other 1499 third-party service, and any dispute you have with any such third party arising from your 1500 use of the Expensify Service, including, without limitation, your employer or your service 1501 provider, is directly between you and such third party, and you irrevocably release 1502 Expensify (and our directors, officers, subsidiaries, affiliates, agents and employees) from 1503 any and all claims, demands and damages (actual and consequential) of every kind and nature, 1504 known and unknown, arising out of or in any way connected with such disputes. Expensify will 1505 not, and will not attempt, to reverse or otherwise recover any payment or transaction that 1506 is subject to a bona fide dispute. 1507 </p> 1508 <h4>8.3 Indemnity</h4> 1509 <p> 1510 You agree to defend, indemnify, and hold Expensify, its officers, directors, employees and 1511 agents, harmless from and against any claims, liabilities, damages, losses, and expenses, 1512 including, without limitation, reasonable legal and accounting fees, arising out of or in 1513 any way connected with your access to or use of the Expensify Service, or your violation of 1514 these Terms of Service, including without limitation any breach of any representations or 1515 warranties herein, any infringement by you of Expensify's intellectual property rights, your 1516 violation of the NACHA Rules, any claim by a third party that the Member Data or Corporate 1517 Member Art infringes such third party's intellectual property rights, any claim or liability 1518 resulting from your failure to notify us of a change in the information you have provided,
1519 including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 1520 227, et seq., or similar state or federal laws, and any regulations promulgated thereunder 1521 resulting from us attempting to contact you at the mobile telephone number you provided. 1522 </p> 1523 <p> 1524 Expensify will defend, indemnify and hold you (and in the case of a Corporate Member, your 1525 directors, officers, employees and affiliates) harmless from and against any and all costs, 1526 liabilities, losses and expenses (including but not limited to reasonable attorneys' fees), 1527 resulting from any claim, suit, action or proceeding alleging that the Expensify Service or 1528 any portion thereof infringes any patent, copyright or other intellectual property, 1529 proprietary, or other right of any third party. 1530 </p> 1531 <h4>8.4 Limitation of Liability</h4> 1532 <p> 1533 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK 1534 ARISING OUT OF YOUR ACCESS TO AND USE OF THE EXPENSIFY SERVICE AND SITE CONTENT REMAINS WITH 1535 YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, 1536 INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER 1537 EXPENSIFY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 1538 EXPENSIFY SERVICE OR SITE CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR 1539 CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, EXPENSIFY 1540 SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS 1541 OR EXPENSIFY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS 1542 ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF EXPENSIFY SERVICE OR FROM THE USE OF OR 1543 INABILITY TO USE THE EXPENSIFY SERVICE OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, 1544 INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE EXPENSIFY SERVICE OR OTHER PERSONS WITH 1545 WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE, WHETHER 1546 BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER 1547 LEGAL THEORY, AND WHETHER OR NOT EXPENSIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH 1548 DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL 1549 PURPOSE. 1550 </p> 1551 <p> 1552 EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EXPENSIFY'S 1553 AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE 1554 USE OF OR INABILITY TO USE THE EXPENSIFY SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE 1555 PAID TO EXPENSIFY FOR USE OF THE EXPENSIFY SERVICE OR SITE CONTENT. THE LIMITATIONS OF 1556 DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 1557 EXPENSIFY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY 1558 FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 1559 </p> 1560 <h3>9. Dispute Resolution.</h3> 1561 <p> 1562 <strong 1563 >PLEASE READ THIS SECTION CAREFULLY â IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU 1564 AND EXPENSIFY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED 1565 EXCEPTION, REQUIRE YOU AND EXPENSIFY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND 1566 FINAL ARBITRATION ON AN INDIVIDUAL BASIS.</strong 1567 > 1568 </p> 1569 <p> 1570 You agree that, in the event any dispute or claim arises out of or relating to your use of 1571 the Site, the Terms of Service, or the Expensify Service, you will contact us at 1572 <a href="mailto:[email protected]">[email protected]</a> and you and Expensify 1573 will attempt in good faith to negotiate a written resolution of the matter directly. You 1574 agree that if the matter remains unresolved for 30 days after notification (via certified 1575 mail or personal delivery), such matter will be deemed a "<strong>Dispute</strong>" as 1576 defined below. Except for the right to seek injunctive or other equitable relief described 1577 under the "<strong>Binding Arbitration</strong>" section below, should you file any 1578 arbitration claims, or any administrative or legal actions without first having attempted to 1579 resolve the matter by mediation, then you agree that you will not be entitled to recover 1580 attorneys' fees, even if you may have been entitled to them otherwise. 1581 </p> 1582 <h4>9.1 Binding Arbitration</h4> 1583 <p> 1584 You and Expensify agree that any dispute, claim or controversy arising out of or relating to 1585 the Site, the Terms of Service or your use of the Expensify Service including the 1586 determination of the scope or applicability of this agreement to arbitration (collectively 1587 "<strong>Disputes</strong>") will be settled by binding arbitration, except that each party 1588 retains the right to seek injunctive or other equitable relief in a court of competent 1589 jurisdiction, including but not limited to prevent the actual or threatened infringement, 1590 misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, 1591 or other intellectual property rights or other provisional relief as specified in the 1592 Expensify Corporate Card Program Terms or ACH Terms if you opt into, are enrolled in, or 1593 otherwise use these programs. This means that you and Expensify both agree to waive the 1594 right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against 1595 Expensify in "<strong>small claims</strong>" court, instead of by arbitration, but only if 1596 the claim is eligible under the rules of the small claims court and is brought in an 1597 individual, non-class, and non-representative basis, and only for so long as it remains in 1598 the small claims court and in an individual, non-class, and non-representative basis. 1599 </p> 1600 <h4>9.2 Class Action Waiver</h4> 1601 <p> 1602 You and Expensify agree that any proceedings to resolve Disputes will be conducted on an 1603 individual basis and not in a class, consolidated, or representative action. This means that 1604 you and Expensify both agree to waive the right to participate as a plaintiff as a class 1605 member in any class action proceeding. Further, unless you and Expensify agree otherwise in 1606 writing, the arbitrator in any Dispute may not consolidate more than one person's claims and 1607 may not preside over any form of class action proceeding. 1608 </p> 1609 <h4>9.3 Arbitration Administration and Rules</h4> 1610 <p> 1611 <strong 1612 >Any dispute, claim or controversy arising out of or relating to these Terms of Service 1613 or the breach, termination, enforcement, interpretation or validity thereof, including 1614 the determination of the scope or applicability of these Terms of Service to arbitrate, 1615 shall be determined by arbitration in San Francisco, California before one arbitrator. 1616 The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration 1617 Rules and Procedures. Judgment on the Award and other orders for interim relief may be 1618 entered in any court having jurisdiction. This clause shall not preclude parties from 1619 seeking provisional remedies in aid of arbitration from a court of appropriate 1620 jurisdiction, except as modified by this "Dispute Resolution' section. (Please see the<a 1621 target="_blank" 1622 rel="noopener noreferrer" 1623 href="https://www.jamsadr.com/rules-streamlined-arbitration/" 1624 > 1625 JAMS Streamlined Rules and Procedures</a 1626 > 1627 or call JAMS at 1-800-352-5267).</strong 1628 > 1629 </p> 1630 <h4>9.4 Arbitration Process</h4> 1631 <p> 1632 A party who desires to initiate the arbitration must provide the other party with a written 1633 Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a 1634 retired judge or an attorney licensed to practice law in the state of California and will be 1635 selected by the parties from JAMS's roster of arbitrators with relevant experience. If the 1636 parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for 1637 Arbitration, then JAMS will appoint the arbitrator in accordance with JAMS Rules. 1638 </p> 1639 <h4>9.5 Arbitration Location and Procedure</h4> 1640 <p> 1641 Unless you and Expensify agree otherwise, the seat of the arbitration shall be in San 1642 Francisco, California. If your claim does not exceed USD$10,000, then the arbitration will 1643 be conducted solely on the basis of documents you and Expensify submit to the arbitrator, 1644 unless you request a hearing and the arbitrator then determines that a hearing is necessary. 1645 If your claim exceeds USD$10,000, your right to a hearing will be determined by JAMS Rules. 1646 Subject to JAMS Rules, the arbitrator will have the discretion to direct a reasonable 1647 exchange of information by the parties, consistent with the expedited nature of the 1648 arbitration. Hearings may be conducted by telephone or video conference, if requested and 1649 agreed to by the parties. 1650 </p> 1651 <h4>9.6 Arbitrator's Decision and Governing Law</h4> 1652 <p> 1653 These Terms of Service and the rights of the parties hereunder shall be governed by and 1654 construed in accordance with the laws of the State of California, exclusive of conflict or 1655 choice of law rules. 1656 </p> 1657 <p> 1658 The parties acknowledge that these Terms of Service evidence a transaction involving 1659 interstate commerce. Notwithstanding the provision in the preceding paragraph with respect 1660 to applicable substantive law, any arbitration conducted pursuant to the terms of these 1661 Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16) and 1662 applicable statutes of limitations, and shall honor claims of privilege recognized by law. 1663 The arbitrator will render an award within the timeframe specified in the JAMS Rules. 1664 Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any 1665 award of damages by an arbitrator must be consistent with the "<strong 1666 >Disclaimers and Limitations of Liability</strong 1667 >" section above. The arbitrator may award declaratory or injunctive relief in favor of the 1668 claimant only to the extent necessary to provide relief warranted by the claimant's 1669 individual claim. 1670 </p> 1671 <h4>9.7 Fees</h4> 1672 <p> 1673 Each party's responsibility to pay the arbitration filing, administrative and arbitrator 1674 fees will depend on the circumstances of the arbitration and are set forth in the JAMS 1675 Rules. 1676 </p> 1677 <h3>10. Communications.</h3> 1678 <h4>10.1 Communication with Expensify</h4> 1679 <p> 1680 You verify that any contact information provided to Expensify, including, but not limited 1681 to, your e-mail address, mobile phone number and mailing address (if required) is true and 1682 accurate. By providing us with your email address, you agree to re
1682ceive notices 1683 electronically, to that email address. You further verify that you are the telephone 1684 subscriber and/or that you own any telephone numbers that you provide to Expensify. You 1685 acknowledge that by voluntarily providing your telephone numbers to Expensify, you expressly 1686 agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, 1687 chat messages, pre-recorded voice messages and/or autodialed calls (including text messages) 1688 by or on behalf of Expensify relating to this Agreement, any transaction with Expensify, 1689 matters related to your Account, and promotions from Expensify. These communications may be 1690 made by or on behalf of Expensify, even if your phone number is registered on any state or 1691 federal Do Not Call list. You acknowledge that you may incur a charge for these texts or 1692 calls by your telephone carrier and that Expensify will not be responsible for these 1693 charges. Expensify will use your primary login credentials (email address and/or mobile 1694 phone number, depending on your chosen registration method) to send you operational 1695 communications concerning your Account, updates concerning new and existing features on the 1696 Expensify Service, notifications about product updates and improvements, company and 1697 industry news and events, updates from our community, regarding and administering programs 1698 that you or the Corporate Member have enrolled in, and communications connecting you with 1699 other Members and volunteers of Expensify.org, if applicable. 1700 </p> 1701 <h4>10.2 SMS Notifications</h4> 1702 <ol class="styled marginLeft30"> 1703 <li> 1704 <p> 1705 Members can opt in to receive notifications from Expensify via SMS by adding their 1706 phone number as their primary login. 1707 </p> 1708 </li> 1709 <li> 1710 <p> 1711 The Expensify Service, via<a 1712 target="_blank" 1713 rel="noopener noreferrer" 1714 href="https://new.expensify.com" 1715 > 1716 new.expensify.com</a 1717 >, also offers a mobile messaging program that allows Members to send an SMS to a 1718 non-Member via new.expensify.com. Non-Members will have the ability to respond to an 1719 SMS directly from their mobile devices. Expensify will create a closed account for 1720 such recipients who receive an SMS from a Member solely to allow the Non-Member to 1721 communicate with the Member. Standard text messaging and/or data rates from your 1722 wireless service provider may apply. 1723 </p> 1724 </li> 1725 <li> 1726 <p> 1727 Members and Non-Members can cancel the SMS service at any time. Just text "STOP" to 1728 the short code. After you send the SMS message "STOP" to us, we will send you an SMS 1729 message to confirm that you have been unsubscribed. After this, you will no longer 1730 receive SMS messages from us or that number. If you want to join again, sign up as 1731 you did the first time and we will start sending SMS messages to you again. 1732 </p> 1733 </li> 1734 <li> 1735 <p> 1736 If you are experiencing issues with the messaging program you can reply with the 1737 keyword HELP for more assistance, or you can get help directly by emailing 1738 <a href="mailto:[email protected]">[email protected]</a>. 1739 </p> 1740 </li> 1741 <li> 1742 <p>Carriers are not liable for delayed or undelivered messages.</p> 1743 </li> 1744 <li> 1745 <p> 1746 As always, message and data rates may apply for any messages sent to you from us, 1747 Members or Non-Members, and to us, Members or Non-Members from you. Messaging 1748 frequency from us can be adjusted in your Expensify account under Contact 1749 Preferences. If you have any questions about your text plan or data plan, it is best 1750 to contact your wireless provider. 1751 </p> 1752 </li> 1753 <li> 1754 <p> 1755 If you have any questions regarding privacy, please read our privacy policy at<a 1756 href="/privacy" 1757 >https://www.expensify.com/privacy</a 1758 > 1759 </p> 1760 </li> 1761 </ol> 1762 <h4>10.3 Recording of Telephone Calls and Screen Contents</h4> 1763 <p> 1764 You understand and agree that Expensify may, in its sole discretion, itself or using a 1765 third-party service, monitor and record telephone calls between you and its employees, 1766 contractors or agents, as well as the contents of your device screen during such telephone 1767 calls for purposes of quality control and for Expensify's own protection. In the case of the 1768 bank account validation process, Expensify, via Aircall, will always re
1768cord telephone calls 1769 to your bank for bank verification for purposes of training, quality control, fraud 1770 prevention, and for Expensify's own protection. If you do not consent to the monitoring and 1771 recording of telephone calls by Expensify, your only remedy is not to engage with Expensify 1772 by means of a telephone call. If you do not consent to the monitoring and recording of the 1773 contents of your device screen by Expensify, you may decline to share your screen with 1774 Expensify when your consent is requested in the Expensify Service. 1775 </p> 1776 <h4>10.4 Feedback</h4> 1777 <p> 1778 We welcome and encourage you to provide feedback, comments, and suggestions for improvements 1779 to the Expensify Service ("<strong>Feedback</strong>"). You may submit Feedback by emailing 1780 us at <a href="mailto:[email protected]">[email protected]</a>or through the 1781 "Help" section of the Expensify Service. You acknowledge and agree that all Feedback will be 1782 the sole and exclusive property of Expensify and you hereby irrevocably assign to Expensify 1783 and agree to irrevocably assign to Expensify all of your right, title, and interest in and 1784 to all Feedback, including without limitation all worldwide patent rights, copyright rights, 1785 trade secret rights, and other proprietary or intellectual property rights therein. At 1786 Expensify's request and expense, you will execute documents and take such further acts as 1787 Expensify may reasonably request to assist Expensify to acquire, perfect, and maintain its 1788 intellectual property rights and other legal protections for the Feedback. 1789 </p> 1790 <h3>11. General Provisions.</h3> 1791 <h4>11.1 Modification</h4> 1792 <p> 1793 Expensify reserves the right, at its sole discretion, to modify, discontinue or terminate 1794 the Expensify Service or to modify these Terms of Service, at any time and without prior 1795 notice. If we modify these Terms of Service, we will post the modification on the Site or 1796 provide you with notice of the modification. We will also update the "<strong 1797 >Last Updated Date</strong 1798 >" at the top of these Terms of Service or on the Site or Application. By continuing to 1799 access or use the Expensify Service after we have posted a modification on the Site or 1800 Application or have provided you with notice of a modification, you are indicating that you 1801 agree to be bound by the modified Terms of Service. If the modified Terms of Service are not 1802 acceptable to you, your only recourse is to cease using the Expensify Service. 1803 </p> 1804 <h4>11.2 Controlling Law and Jurisdiction</h4> 1805 <p> 1806 This Agreement will be interpreted in accordance with the laws of the State of California 1807 and the United States of America, without regard to their conflict-of-law provisions. You 1808 and we agree to submit to the personal jurisdiction of a federal or state court located in 1809 San Francisco, California for any actions for which the arbitration provision, as set forth 1810 in Section 9, does not apply. 1811 </p> 1812 <h4>11.3 Export Control</h4> 1813 <p> 1814 You may not use, export, re-export, import, or transfer the Application except as authorized 1815 by United States law, the laws of the jurisdiction in which you obtained the Application, 1816 and any other applicable laws. In particular, but without limitation, the Application may 1817 not be exported or re-exported to, or otherwise used in connection with: (a) any country or 1818 territory subject to comprehensive U.S. sanctions (currently, Cuba, Iran, Syria, North 1819 Korea, and the Crimea region of Ukraine); or (b) parties owned or controlled directly or 1820 indirectly by a person or persons that are (i) the target of U.S. sanctions or restrictive 1821 export controls maintained by the U.S. Department of Treasury's Office of Foreign Asset 1822 Control ("<strong>OFAC</strong>"), the U.S. Department of Commerce, or the U.S. Department 1823 of State (collectively, "<strong>Sanctions</strong>"), including parties on the Specially 1824 Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied 1825 Person's List or Entity List; or (ii) operating, organized, or resident in any United States 1826 embargoed country (collectively, a "Prohibited Person"). By using the Application, you 1827 represent and warrant that (i) you are not located in a country or territory that is subject 1828 to comprehensive U.S. sanctions, or that has been designated by the U.S. Government as a 1829 "<strong>terrorist supporting</strong>" country and (ii) you are not a Prohibited Person. 1830 You also will not use the Application for any purpose prohibited by U.S. law, including the 1831 development, design, manufacture or production of missiles, nuclear, chemical or biological 1832 weapons.
1833 </p> 1834 <h4>11.4 Accessing and Downloading the Application from App Provider</h4> 1835 <p> 1836 The following applies to any Application accessed through or downloaded from any app store 1837 or distribution platform (like the Apple App Store or Google Play) where the App may now or 1838 in the future be made available (each an "<strong>App Provider</strong>"). You acknowledge 1839 and agree that: 1840 </p> 1841 <ol class="styled marginLeft30"> 1842 <li> 1843 <p> 1844 These Terms of Service are concluded between you and Expensify only, and not the App 1845 Provider. Expensify, not the App Provider, is solely responsible for the App Store 1846 Sourced Application and content thereof. 1847 </p> 1848 </li> 1849 <li> 1850 <p> 1851 The App Provider has no obligation whatsoever to furnish any maintenance and support 1852 services with respect to the App Store Sourced Application. 1853 </p> 1854 </li> 1855 <li> 1856 <p> 1857 In the event of any failure of the App Store Sourced Application to conform to any 1858 applicable warranty, you may notify the App Provider, and the App Provider will 1859 refund the purchase price for the App Store Sourced Application to you and to the 1860 maximum extent permitted by applicable law, the App Provider will have no other 1861 warranty obligation whatsoever with respect to the App Store Sourced Application. As 1862 between Expensify and the App Provider, any other claims, losses, liabilities, 1863 damages, costs or expenses attributable to any failure to conform to any warranty 1864 will be the sole responsibility of Expensify. 1865 </p> 1866 </li> 1867 <li> 1868 <p> 1869 As between Expensify and the App Provider, the App Provider is not responsible for 1870 addressing any claims you have or any claims of any third party relating to the App 1871 Store Sourced Application or your possession and use of the App Store Sourced 1872 Application, including, but not limited to: (i) product liability claims; (ii) any 1873 claim that the App Store Sourced Application fails to conform to any applicable 1874 legal or regulatory requirement; and (iii) claims arising under consumer protection 1875 or similar legislation. 1876 </p> 1877 </li> 1878 <li> 1879 <p> 1880 In the event of any third party claim that the App Store Sourced Application or your 1881 possession and use of that App Store Sourced Application infringes that third 1882 party's intellectual property rights, as between Expensify and the App Provider, 1883 Expensify, not the App Provider, will be solely responsible for the investigation, 1884 defense, settlement and discharge of any such intellectual property infringement 1885 claim to the extent required by these Terms of Service. 1886 </p> 1887 </li> 1888 <li> 1889 <p> 1890 The App Provider, and the App Provider's subsidiaries, are third party beneficiaries 1891 of these Terms of Service as related to your license of the App Store Sourced 1892 Application, and that, upon your acceptance of the terms and conditions of these 1893 Terms of Service, the App Provider will have the right (and will be deemed to have 1894 accepted the right) to enforce these Terms of Service as related to your license of 1895 the App Store Sourced Application against you as a third party beneficiary thereof. 1896 </p> 1897 </li> 1898 <li> 1899 <p> 1900 Without limiting any other terms of these Terms of Service, you must comply with all 1901 applicable third party terms of agreement when using the App Store Sourced 1902 Application. 1903 </p> 1904 </li> 1905 </ol> 1906 <h4>11.5 Entire Agreement</h4> 1907 <p> 1908 These Terms of Service constitute the entire and exclusive understanding and agreement 1909 between Expensify and you regarding the Expensify Service and Site Content, and these Terms 1910 of Service, along with any additional terms referenced herein, including any Statement of 1911 Work, if applicable, supersede and replace any and all prior oral or written understandings 1912 or agreements between Expensify and you regarding the Expensify Service. 1913 </p> 1914 <h4>11.6 Assignment</h4> 1915 <p> 1916 You may not assign or transfer these Terms of Service, by operation of law or otherwise, 1917 without Expensify's prior written consent. Any attempt by you to assign or transfer these 1918 Terms of Service, without such consent, will be null and of no effect. Expensify may assign 1919 or transfer these Terms of Service, at its sole discretion, without restriction. Subject to 1920 the foregoing, these Terms of Service will bind and inure to the benefit of the parties, 1921 their successors and permitted assigns. 1922 </p> 1923 <h4>11.7 Notices</h4> 1924 <p> 1925 Any notices or other communications permitted or required hereunder, including those 1926 regarding modifications to these Terms of Service, will be in
1926writing and given: by 1927 Expensify (i) via email (in each case to the address that you provide) or (ii) by posting to 1928 the Application or Site. For notices made by email, the date of receipt will be deemed the 1929 date on which such notice is transmitted. 1930 </p> 1931 <h4>11.8 Survival</h4> 1932 <p> 1933 In the event that your Account is terminated by you or by Expensify for any reason, any 1934 licenses granted herein shall terminate, but your obligations described herein under the 1935 Sections titled "<strong>Fees and Payment,</strong>" "<strong>Intellectual Property,</strong 1936 >" "<strong>Confidentiality,</strong>" "<strong>Disclaimers,</strong>" 1937 "<strong>Indemnity,</strong>" and "<strong>Limitation of Liability,</strong>" as set forth 1938 herein, as well as any obligations of yours set forth in the<a href="/privacy"> 1939 Privacy Policy</a 1940 > 1941 shall survive any termination or expiration of your use of the Expensify Service or any 1942 agreement, including a Statement of Work, between you and Expensify, and you will not be 1943 entitled to receive any refunds for any prepaid amounts in the event of any early 1944 termination. 1945 </p> 1946 <h4>11.9 General</h4> 1947 <p> 1948 The failure of Expensify to enforce any right or provision of these Terms of Service will 1949 not constitute a waiver of future enforcement of that right or provision. The waiver of any 1950 such right or provision will be effective only if in writing and signed by a duly authorized 1951 representative of Expensify. Except as expressly set forth in these Terms of Service, the 1952 exercise by either party of any of its remedies under these Terms of Service will be without 1953 prejudice to its other remedies under these Terms of Service or otherwise. If for any reason 1954 a court of competent jurisdiction finds any provision of these Terms of Service invalid or 1955 unenforceable, that provision will be enforced to the maximum extent permissible and the 1956 other provisions of these Terms of Service will remain in full force and effect. 1957 </p> 1958 <h4>11.10 Contacting Expensify</h4> 1959 <p> 1960 If you have any questions about these Terms of Service, please contact Expensify at 1961 <a href="mailto:[email protected]">[email protected]</a> or 401 SW 5th Ave., 1962 Portland, OR 97204. You acknowledge and agree that when contacting Expensify, whether by 1963 email, chat, or otherwise, you will not include any personally identifiable information, 1964 other than name and/or contact information, as necessary, in your communications, and that 1965 if such information is included in your communications with Expensify, Expensify will have 1966 no legal obligation or liability with regard to such information. 1967 </p> 1968</div> 1969 1970 <div class="page-footer"> 1971 <div class="page-footer__wrapper"> 1972 <div class="columns"> 1973 <div class="column"> 1974 <h3>Features</h3> 1975 <ul> 1976 <li> 1977 <a href="https://use.expensify.com/expense-management" alt="Expense Management" target="_blank" 1978 rel="noopener noreferrer">Expense Management</a> 1979 </li> 1980 <li> 1981 <a href="https://use.expensify.com/spend-management" alt="Spend Management" target="_blank" 1982 rel="noopener noreferrer">Spend Management</a> 1983 </li> 1984 <li> 1985 <a href="https://use.expensify.com/expense-reports" alt="Expense Reports" target="_blank" 1986 rel="noopener noreferrer">Expense Reports</a> 1987 </li> 1988 <li> 1989 <a href="https://use.expensify.com/company-credit-card" alt="Company Credit Card" 1990 target="_blank" rel="noopener noreferrer">Company Credit Card</a> 1991 </li> 1992 <li> 1993 <a href="https://use.expensify.com/receipt-scanning-app" alt="Receipt Scanning App" 1994 target="_blank" rel="noopener noreferrer">Receipt Scanning App</a> 1995 </li> 1996 <li> 1997 <a href="https://use.expensify.com/bills" alt="Bill Pay" target="_blank" 1998 rel="noopener noreferrer">Bill Pay</a> 1999 </li> 2000 <li> 2001 <a href="https://use.expensify.com/invoices" alt="Invoicing" target="_blank" 2002 rel="noopener noreferrer">Invoicing</a> 2003 </li> 2004 <li> 2005 <a href="https://use.expensify.com/payroll" alt="Payroll" target="_blank" 2006 rel="noopener noreferrer">Payroll</a> 2007 </li> 2008 <li> 2009 <a href="https://use.expensify.com/travel" alt="Travel" target="_blank" 2010 rel="noopener noreferrer">Travel</a> 2011 </li> 2012 </ul> 2013 </div> 2014 <div class="column"> 2015 <h3>Resources</h3> 2016 <ul> 2017 <li> 2018 <a href="https://use.expensify.com/accountants" alt="ExpensifyApproved!" target="_blank" 2019 rel="noopener noreferrer">ExpensifyApproved!</a> 2020 </li> 2021 2022 <li> 2023 <a href="https://use.expensify.com/press-kit" alt="Press Kit" target="_blank" 2024 rel="noopener noreferrer">Press Kit</a> 2025 </li> 2026 <li> 2027 <a href="https://use.expensify.com/support" alt="Support" target="_blank" 2028 rel="noopener noreferrer">Support</a> 2029 </li> 2030 <li> 2031 <a href="https://help.expensify.com/" alt="ExpensifyHelp" target="_blank" 2032 rel="noopener noreferrer">ExpensifyHelp</a> 2033 </li> 2034 <li> 2035 <a href="/terms" alt="Terms">Terms of Service</a> 2036 </li> 2037 <li> 2038 <a href="/privacy" alt="Privacy">Privacy</a> 2039 </li> 2040 </ul> 2041 </div> 2042 <div class="column"> 2043 <h3>Learn more</h3> 2044 <ul> 2045 <li> 2046 <a href="https://we.are.expensify.com/how-we-got-here" alt="About Expensify" target="_blank" 2047 rel="noopener noreferrer">About Expensify</a> 2048 </li> 2049 <li> 2050 <a href="https://blog.expensify.com/" alt="Blog" target="_blank" 2051 rel="noopener noreferrer">Blog</a> 2052 </li> 2053 <li> 2054 <a href="https://we.are.expensify.com/" alt="Jobs" target="_blank" 2055 rel="noopener noreferrer">Jobs</a> 2056 </li> 2057 <li> 2058 <a href="https://www.expensify.org" alt="Expensify.org" target="_blank" 2059 rel="noopener noreferrer">Expensify.org</a> 2060 </li> 2061 <li> 2062 <a href="https://ir.expensify.com" alt="Investor Relations" target="_blank" 2063 rel="noopener noreferrer">Investor Relations</a> 2064 </li> 2065 </ul> 2066 2067 <div class="page-footer__social-icons"> 2068 <a href="https://we.are.expensify.com/podcast" title="Podcast" 2069 class="social-media-link expensicons expensicons-podcast" target="_blank" 2070 rel="noopener noreferrer"></a> 2071 <a href="https://www.twitter.com/expensify" title="Twitter" 2072 class="social-media-link expensicons expensicons-twitter" target="_blank" 2073 rel="noopener noreferrer"></a> 2074 <a href="http://www.instagram.com/expensify" title="Instagram" 2075 class="social-media-link expensicons expensicons-instagram" target="_blank" 2076 rel="noopener noreferrer"></a> 2077 <a href="https://www.facebook.com/expensify" title="Facebook" 2078 class="social-media-link expensicons expensicons-facebook" target="_blank" 2079 rel="noopener noreferrer"></a> 2080 <a href="http://www.linkedin.com/company/expensify" title="LinkedIn" 2081 class="social-media-link expensicons expensicons-linkedin" target="_blank" 2082 rel="noopener noreferrer"></a> 2083 </div> 2084 </div> 2085 <div class="column"> 2086 <h3>Get Started</h3> 2087 <ul> 2088 <li> 2089 <a href="/signup" alt="Create a new account"> 2090 Create a new account</a> 2091 </li> 2092 2093 <li> 2094 <a href="/signin" alt="Log in">Log in</a> 2095 </li> 2096 </ul> 2097 <p class="page-footer__fine-print"> 2098 ©2008-2026 Expensify, Inc. 2099 </p> 2100 <p class="page-footer__fine-print">Money transmission services are provided by our partners, 2101 which includes Expensify Payments LLC (NMLS ID: 2017010), 2102 pursuant to its <a href="https://use.expensify.com/licenses" target="_blank" rel="noreferrer noopener">licenses</a>, 2103 as well as other third parties. See the <a href="/paymentsentities">Terms of Service</a> for a complete list of providers. 2104 </p> 2105 </div> 2106 </div> 2107 2108 <div class="page-footer__logo"> 2109 <img src=https://d2k5nsl2zxldvw.cloudfront.net/images/homepage/expensify-footer-logo-green.svg alt="Expensify" /> 2110 </div> 2111 </div> 2112</div> 2113 </div> 2114 </div> 2115 </div> 2116 2117 <div id="dialog_overlay"></div> 2118 <div id="reports_popup_user_menu" class="reports_popup right_align hidden"> 2119 <div class="reports_popup_inner_tb">
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