End User License Agreement and Terms of Service
Last updated: May 16, 2026
This End User License Agreement and Terms of Service (this "Agreement") is a legally binding agreement between you ("you" or "User") and (i) Ovation Ventures, Inc., a Delaware corporation with offices at 180 Grand Avenue, Suite 1530, Oakland, California 94612 ("Application Provider" or "Ovation"), and (ii) Consumer Credit Counseling Service of San Francisco, a California non-profit corporation doing business as "Balance," with offices at 1655 Grant Street, Suite 1300, Concord, California 94520 ("Service Provider" or "Balance") (Ovation and Balance, each individually a "Provider" and, collectively, the "Providers"), governing your access to and use of the BeBalanced mobile application (the "Application") and the financial wellness services delivered through and in connection with the Application (the "Services").
BY DOWNLOADING, INSTALLING, REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE APPLICATION OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APPLICATION OR THE SERVICES.
This Agreement is effective as of the earlier of the date you first install the Application, register for an Account, or otherwise access or use the Application or the Services. If you are accepting this Agreement on behalf of another individual or entity, you represent and warrant that you have the authority to bind such individual or entity to this Agreement, in which case "you" and "your" refer to such individual or entity.
NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER: Section 19 of this Agreement contains a binding arbitration provision and a waiver of class actions and jury trials. Please read it carefully, as it affects your legal rights.
1. ALLOCATION OF RESPONSIBILITIES BETWEEN PROVIDERS
1.1 Roles. This Agreement establishes a layered service delivery model. The Application Provider licenses and operates the Application as a technology platform. The Service Provider provides the substantive financial wellness, education, coaching, counseling, and content services that are delivered to you through the Application. Each Provider's responsibilities under this Agreement are limited to its respective role as set forth in this Section 1 and elsewhere in this Agreement.
1.2 Application Provider Responsibilities. The Application Provider is responsible solely for: (a) licensing the Application software to you on the terms set forth in Section 2; (b) the development, hosting, and technical operation of the Application; (c) the development, hosting, and technical operation of the artificial intelligence systems, models, and infrastructure underlying the Bravo AI feature, as further described in Sections 1.5 and 8; (d) third-level technical support relating to bugs, defects, or malfunctions in the Application software (provided that all front-line user support is provided by the Service Provider); and (e) the obligations expressly imposed on the Application Provider by Section 3 (Apple-Specific Terms) of this Agreement. The Application Provider does not provide, and is not responsible for, the substantive Services.
1.3 Service Provider Responsibilities. The Service Provider is responsible for: (a) all financial counseling, coaching, educational content, financial wellness programs, and other services made available to you through the Application; (b) all content displayed in or distributed through the Application that is authored, curated, selected, branded, or sponsored by the Service Provider, including BalanceTrack modules, financial education materials, articles, videos, and offers (collectively, "Service Provider Content"); (c) all interactions between you and any financial coach, counselor, or other human representative; (d) front-line user and customer support, including questions about your Account, the Services, billing (other than App Store-level billing), and content; and (e) compliance by the Services with all applicable laws and regulations governing the provision of financial counseling, financial education, and related services.
1.4 No Joint and Several Liability. Except where expressly required by Section 3 (Apple-Specific Terms) or by applicable law, the obligations and liabilities of the Application Provider and the Service Provider under this Agreement are several and not joint. Neither Provider is liable for the acts, omissions, breaches, or obligations of the other Provider. Without limiting the generality of the foregoing, the Application Provider shall not be liable for any act, omission, or failure of the Service Provider in connection with the Services, the Service Provider Content, or the Service Provider's interactions with you, and the Service Provider shall not be liable for any defect in or failure of the Application software. Allocation of responsibilities and liabilities in respect of the Bravo AI feature is addressed in Section 1.5.
1.5 Bravo AI; Integrated Service Delivery. The Bravo AI feature is developed, owned, and operated by the Application Provider and made available as part of the Services offered through the Application, as more fully described in Section 8. The Service Provider may, from time to time and at its discretion, provide content, themes, or input that the Application Provider may incorporate into the configuration of Bravo AI for use within the Services. Neither Provider warrants the accuracy, reliability, completeness, or fitness for any purpose of any Bravo AI output. No provision of this Agreement is intended to create joint and several liability between the Providers in respect of Bravo AI outputs or otherwise, except where expressly required by Section 3 (Apple-Specific Terms) or by applicable law.
1.6 Primary Contact. The Service Provider is your primary point of contact for all matters relating to the Application and the Services. All inquiries, complaints, support requests, and notices should in the first instance be directed to the Service Provider using the contact information set forth in Section 24.
2. LICENSE GRANT
2.1 License. Subject to your continuous compliance with this Agreement, the Application Provider hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the Application on a mobile device that you own or control and to access and use the Application solely for your personal, non-commercial use, and otherwise in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions (the "Usage Rules"), including any applicable Family Sharing provisions.
2.2 Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved to the Application Provider, the Service Provider, and their respective licensors. No license or right is granted by implication, estoppel, or otherwise.
2.3 Restrictions. You shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Application or the Services, except as expressly permitted by this Agreement; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or the Services, in whole or in part, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or the Services to any third party; (d) remove, delete, alter, or obscure any trademark, copyright, or other proprietary notice from the Application or the Services; (e) use the Application or the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (f) bypass or breach any security device or protection used by the Application or the Services; (g) input, upload, transmit, or otherwise provide to the Application or the Services any information or materials that are unlawful, harmful, or that contain or activate any virus, worm, time bomb, Trojan horse, ransomware, or other malicious code; (h) interfere with, disrupt, or impair the integrity or performance of the Application or the Services; (i) access or use the Application or the Services for purposes of competitive analysis or for the development or operation of a competing product or service; or (j) use the Application or the Services in any manner inconsistent with the Usage Rules.
3. APPLE-SPECIFIC TERMS APPLICABLE TO APPLICATIONS LICENSED FROM THE APP STORE
The following provisions apply to your use of the Application to the extent the Application is licensed to you for use on an Apple-branded product running iOS, iPadOS, watchOS, tvOS, or macOS (such product, an "Apple Device") and obtained through the Apple App Store. The provisions of this Section 3 supplement, and in the event of any conflict, prevail over, the other provisions of this Agreement, but solely with respect to your use of the Application on an Apple Device.
3.1 Acknowledgment. You acknowledge that this Agreement is concluded between you and the Providers, and not with Apple Inc. ("Apple"). As between Apple and the Providers, the Application Provider, and not Apple, is solely responsible for the Application and the content thereof, subject in all cases to the allocation of responsibilities between the Providers as set forth in Section 1. You further acknowledge that this Agreement does not provide any usage rules for the Application that conflict with the Usage Rules.
3.2 Scope of License. The license granted to you for the Application is as set forth in Section 2.1 and is limited to a non-transferable license to use the Application on any Apple Device that you own or control and as permitted by the Usage Rules.
3.3 Maintenance and Support. You and the Application Provider acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. As between the Providers, the Service Provider shall provide all front-line maintenance and support services relating to your use of the Application and the Services, and the Application Provider shall be responsible only for third-level technical support relating to defects, bugs, or malfunctions in the Application software.
3.4 Warranty. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU (IF ANY). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION. AS BETWEEN THE APPLICATION PROVIDER AND APPLE, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE SOLE RESPONSIBILITY OF THE APPLICATION PROVIDER, SUBJECT TO AND AS LIMITED BY THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 16 AND 17 OF THIS AGREEMENT.
3.5 Product Claims. You acknowledge that, as between Apple and the Application Provider, the Application Provider, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks (if applicable). Nothing in this Section 3.5 limits, or shall be construed to limit, the Service Provider's responsibility for the Services and the Service Provider Content, including any claim arising from or relating to the Services or Service Provider Content (which claims shall be the sole responsibility of the Service Provider as between the Providers, and which the Service Provider shall handle in accordance with the allocation of responsibilities set forth in Section 1).
3.6 Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, the Application Provider, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, in each case to the extent attributable to the Application itself and not to the Service Provider Content or other materials provided by or on behalf of the Service Provider.
3.7 Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
3.8 Developer Name and Address. The Application Provider's name and address for purposes of any technical questions with respect to the Application are: Ovation Ventures, Inc., 180 Grand Avenue, Suite 1530, Oakland, California 94612, United States.Notwithstanding the foregoing, for all matters relating to the Services, the Service Provider Content, your Account, your subscription, financial counseling, content, or any non-technical matter, you should contact the Service Provider as set forth in Section 24, who shall be your primary point of contact.
3.9 Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Application. By way of example, if you have a VoIP application, then you must not be in violation of your wireless data service agreement when using the Application.
3.10 Third Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. For the avoidance of doubt, Apple's third-party beneficiary rights apply solely to the enforcement of this Agreement against you, and Apple shall have no liability whatsoever to any party in connection with the Application or the Services.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account. To access the full functionality of the Application and the Services, you must register and create an account (an "Account") with the Service Provider. As part of registration you will be required to provide certain information, which may include your name, address, telephone number, email address, and date of birth. You agree to provide accurate, current, and complete information as prompted by the registration process and to maintain and promptly update such information to keep it accurate, current, and complete. You are solely responsible for all activities occurring under your Account, whether or not authorized by you, and for maintaining the confidentiality of your login credentials. You must promptly notify the Service Provider of any suspected unauthorized use of your Account or any other breach of security.
4.2 Eligibility. You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction of residence, if higher), and that you have the legal capacity to enter into this Agreement.
4.3 One Account; No Transfer. Your Account is personal to you and may not be assigned or transferred to any other person, except as expressly permitted in writing by the Service Provider.
4.4 Communications and Consent. By providing a mobile telephone number and using the Application, you affirmatively consent to receive calls, push notifications, and recurring text messages (including via autodialer or prerecorded voice) from or on behalf of the Service Provider, in order to (i) provide and improve the Services, (ii) facilitate your use of the Application, and (iii) provide you with information and reminders regarding your registration, updates, service outages, and alterations. Standard message and data rates may apply. You may opt out of text messages by modifying your Account settings, texting "STOP" in response to any text, or by calling the Service Provider at (888) 456-2227.
5. SUBSCRIPTION TERMS
5.1 Subscriptions. Certain features of the Application and the Services are made available on a subscription basis (each, a "Subscription"). The Application offers the following Subscription plans (each with the price displayed in the Application at the point of purchase, exclusive of any applicable taxes):
Monthly Plan: a recurring monthly Subscription billed at the rate displayed in the Application's in-app purchase flow at the time of purchase.
Annual Plan: a recurring annual Subscription billed at the rate displayed in the Application's in-app purchase flow at the time of purchase.
5.2 Auto-Renewal; Cancellation. Subscriptions are auto-renewable. Payment will be charged to your Apple ID account at confirmation of purchase. Your Subscription will automatically renew for successive periods of the same duration at the then-applicable standard rate unless auto-renewal is turned off at least twenty-four (24) hours before the end of the then-current period. Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current period. You can manage and cancel your Subscriptions by going to your App Store account settings after purchase. Cancellation will take effect at the end of the then-current Subscription period.
5.3 No Refunds. Except as expressly required by applicable law (or by Apple as the seller of record for the Application), all Subscription fees are non-refundable. Cancelling a Subscription will not entitle you to a refund or credit for any portion of the Subscription period. Without limiting the foregoing, you acknowledge and agree that no refund, credit, or other compensation will be provided to you in the event that the Application is discontinued, decommissioned, suspended, or otherwise made unavailable for any reason, whether by either Provider, by the applicable App Store, or otherwise.
5.4 Free Trials and Promotional Offers. The Application may from time to time offer free trials or promotional pricing. Unless otherwise stated, free trials automatically convert to a paid Subscription at the end of the trial period at the then-applicable standard rate. To avoid being charged, you must turn off auto-renewal at least twenty-four (24) hours before the end of the trial period.
5.5 Changes to Pricing or Subscription Plans. The Application Provider and the Service Provider reserve the right to change Subscription prices and plans at any time, provided that any such change shall not take effect until your next renewal period, and you will be notified in accordance with Apple's then-current requirements before any price increase takes effect on your Subscription.
5.6 Tiered Pricing and Subscription Status Transitions. The Application may make available Subscriptions at different price tiers depending on whether you are eligible for promotional or partner-sponsored pricing (a "Discounted Subscription") or are subscribing at the standard rate (a "Retail Subscription"). The price tier applicable to your Subscription at the time of purchase will be displayed in the Application at the point of purchase. You acknowledge and agree that: (a) your eligibility for a Discounted Subscription may be subject to verification by the Service Provider or its applicable partner, and may change over time; (b) if you become eligible for a Discounted Subscription after subscribing at the Retail Subscription rate, no refunds, credits, or pro-rata adjustments will be made for the then-current paid Subscription period, and the Discounted Subscription rate will apply only beginning with your next renewal period; (c) if you are subscribed at a Discounted Subscription rate and the basis for your eligibility ceases (for example, if a sponsoring partner exits the applicable program or if your affiliation with such partner ends), your Subscription will continue at the Discounted Subscription rate through the remainder of the then-current paid Subscription period and will, beginning with your next renewal period, automatically renew at the Retail Subscription rate then in effect unless you cancel your Subscription before such renewal; and (d) all transitions between price tiers will be administered in accordance with the rules and capabilities of the applicable App Store or in-app purchase processor, and neither Provider shall be obligated to provide functionality or accommodations beyond what such App Store or processor permits or supports.
6. THE SERVICES
6.1 General. The Service Provider is a national non-profit empowering individuals and families to take control of their financial lives. Through the Application and otherwise, the Service Provider makes available educational content, financial counseling and coaching programs, and other financial literacy resources. The Services include, among other things, features to help you organize and manage important documents and information (including financial, insurance, and estate documentation) in one place; to capture documents and information through scanning, photography, or upload; to link banking and investment accounts through account aggregation; and to access educational and coaching resources.
6.2 Not Financial, Legal, or Tax Advice. While the Service Provider may offer information, suggestions, and recommendations to aid in your financial decision-making, the Services do not constitute financial, estate, investment, legal, or tax advice. Neither Provider is a law firm, an attorney, a financial planner, a tax advisor, or a fiduciary, and no attorney-client, advisory, or fiduciary relationship is created between you and either Provider. You are solely responsible for all financial, tax, investment, legal, and similar decisions you make, including any decisions made on the basis of information or recommendations provided through the Services. You waive all claims against the Providers for any loss or damage that may occur because of any such decisions.
6.3 Counseling and Coaching. To the extent the Services include access to financial coaches, counselors, or similar personnel, all such personnel are employees, contractors, or agents of the Service Provider (and not the Application Provider). The Service Provider is solely responsible for the qualifications, conduct, and advice of such personnel and for all interactions between you and such personnel.
7. ACCOUNT AGGREGATION AND THIRD-PARTY ACCOUNTS
7.1 Linking Third-Party Accounts. The Application enables you, at your option, to link your Account with online accounts you may have with third-party service providers, including financial institutions, brokerages, and insurance companies (each, a "Third-Party Account") by either (a) providing your Third-Party Account login credentials through the Application or (b) authorizing the Application Provider (or a third-party aggregator engaged by the Application Provider, including Plaid Inc.) to access your Third-Party Account through application programming interfaces or other lawful means. Your prior acceptance of any terms of service or privacy disclosures presented on a Balance-branded or provided website, microsite, or other channel (whether before or after your installation of the Application) does not constitute consent to account aggregation through the Application. You will be required to grant separate, affirmative consent at the time you elect to link any Third-Party Account through the Application, and such consent will be subject to the then-current disclosures of the third-party aggregator (including Plaid) and applicable law.
7.2 Your Representations. You represent and warrant that you are entitled to disclose your Third-Party Account credentials and/or to grant access to your Third-Party Account for the purposes contemplated by this Agreement, without violating any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating either Provider to pay any fees or to be subject to any usage limitations.
7.3 Third-Party Account Content. By granting access to any Third-Party Account, you authorize the Application Provider and its third-party aggregator(s) to access, retrieve, store, and use the information made available through your Third-Party Account (the "Account Aggregation Data") in order to provide the Application and the Services to you, including in accordance with the Privacy Policy. You acknowledge that your relationship with the providers of your Third-Party Accounts is governed exclusively by your agreements with such third parties, and that neither Provider has any responsibility or liability for the acts, omissions, content, accuracy, availability, or terms of any such Third-Party Account or third-party provider.
7.4 Aggregator. The Application uses Plaid Inc. (or a substitute aggregator selected by the Application Provider from time to time) to facilitate account aggregation. Your use of Plaid is subject to Plaid's end user privacy policy, available at https://plaid.com/legal/.
8. BRAVO AI
8.1 Nature of Bravo AI. The Application includes an artificial intelligence-powered feature branded "Bravo AI" that generates informational responses to your queries based on inputs you provide. Bravo AI is provided for informational and educational purposes only. Bravo AI is an automated system. It is not a human financial planner, investment advisor, tax professional, attorney, fiduciary, or other licensed advisor. Nothing generated by Bravo AI constitutes personalized financial, legal, tax, or investment advice, a recommendation to engage in any specific transaction, or a professional audit of your finances.
8.2 Operation and Availability. The Bravo AI feature is developed, owned, and operated by the Application Provider and made available to you as part of the Services offered through the Application. The Service Provider may, from time to time and at its discretion, provide content, themes, or input that the Application Provider may incorporate into the configuration of Bravo AI for use within the Services. The provision of such content, themes, or input by the Service Provider does not constitute development, configuration, or operation of Bravo AI by the Service Provider. Neither Provider warrants the accuracy, reliability, completeness, suitability, or fitness for any particular purpose of any Bravo AI output, and any reliance you place on a Bravo AI output is at your sole risk.
8.3 Hallucinations and Inaccuracies. Artificial intelligence is a rapidly evolving technology. Bravo AI may generate output that is incorrect, incomplete, outdated, misleading, or otherwise unreliable, including output that sounds plausible but is factually inaccurate regarding interest rates, tax laws, financial products, account balances, or other matters (collectively, "Hallucinations"). To the maximum extent permitted by applicable law, neither Provider shall be liable for any Hallucination or other inaccurate, incomplete, or misleading output generated by Bravo AI, or for any action you or any third party takes in reliance on such output.
8.4 No Reliance; Verification Required. You agree that you will not rely solely on Bravo AI for any financial, legal, tax, investment, planning, or other material decision. You are responsible for independently verifying any Bravo AI output against official documents and, where appropriate, by consulting a qualified human professional. Any action you take in reliance on a Bravo AI output is taken at your sole risk and on your sole judgment.
8.5 Financial Projections and Simulations. If Bravo AI provides forecasts, projections, scenarios, or simulations regarding your future financial position (such as retirement savings growth, debt payoff timelines, or investment returns), you acknowledge that: (a) such figures are hypothetical illustrations only, based on mathematical models and assumptions (such as constant interest rates or specific market returns) that may not reflect actual future market conditions; (b) projections are not guarantees of future performance, and actual results will vary depending on tax laws, market volatility, inflation, behavioral factors, and your individual financial situation; and (c) Bravo AI outputs reflect point-in-time analyses based solely on the information available at the moment of the query. Bravo AI does not monitor your accounts or circumstances on an ongoing basis to update projections as your circumstances change.
8.6 User Inputs. You are responsible for the content (prompts, questions, and data) you submit to Bravo AI. You agree not to submit any sensitive personally identifiable information (including, without limitation, full Social Security Numbers, government identification numbers, unencrypted account passwords, or full payment card numbers) to the Bravo AI chat interface. You acknowledge that your interactions with Bravo AI may be used by the Providers, on an anonymized basis and subject to the Privacy Policy, to train, tune, evaluate, and improve the underlying models, prompts, and the Services.
8.7 Third-Party AI Providers. Bravo AI may utilize one or more third-party large language models, machine learning application programming interfaces, or similar services to generate responses. By using Bravo AI, you acknowledge that your inputs may be processed by such third-party providers solely for the purpose of generating a response, in accordance with the Privacy Policy and the third-party providers' respective terms.
9. USER GENERATED CONTENT
9.1 Definition. "User Generated Content" means any content, information, and materials (whether textual, audio, visual, or otherwise) that you provide, submit, upload, publish, or make available through the Application or the Services, including any documents you upload, photographs you take, messages you send, and information you enter.
9.2 Ownership; License. You retain all right, title, and interest in and to your User Generated Content. You hereby grant to each Provider a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, store, modify, display, transmit, and create derivative works of your User Generated Content solely for the purposes of (i) operating, maintaining, and improving the Application and the Services; (ii) providing you with access to the Application and the Services; and (iii) creating non-identifiable, anonymized, aggregated data for research, analytics, and product improvement purposes, in each case subject to the Privacy Policy.
9.3 Your Responsibility. You are solely responsible for your User Generated Content. Each Provider acts merely as a passive conduit for your online distribution and storage of User Generated Content. You acknowledge and agree that neither Provider is involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Neither Provider is obligated to monitor, review, or remove User Generated Content, but each Provider reserves the right to limit or remove User Generated Content at its sole discretion.
9.4 Representations and Warranties. You represent and warrant that your User Generated Content: (a) will not be false, inaccurate, incomplete, or misleading; (b) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity, personality, or privacy; (c) will not violate any law, statute, ordinance, or regulation; (d) will not be defamatory, libelous, unlawfully threatening, harassing, obscene, pornographic, or harmful to minors; (e) will not contain any virus, Trojan horse, worm, time bomb, cancelbot, or other malicious code; (f) will not represent you as being employed by, affiliated with, or an agent of either Provider; and (g) will not create liability for either Provider or cause either Provider to lose the services of its internet service providers or other suppliers.
10. PROHIBITED CONDUCT
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Application or the Services in any medium except as expressly permitted; (b) using any automated system (including any robot, spider, scraper, or offline reader) to access the Application or the Services; (c) transmitting spam, chain letters, or other unsolicited communications; (d) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Application or the Services; (e) violating any law or regulation; (f) uploading invalid data, viruses, worms, or other software agents; (g) infringing any intellectual property rights; (h) impersonating any person or misrepresenting your affiliation with a person or entity; (i) harassing, threatening, intimidating, or violating the legal rights of any other user or any staff member of either Provider; (j) interfering with the performance, security, or proper functioning of the Application or the Services; (k) attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Application or the Services; (l) bypassing security features; (m) accessing unauthorized Accounts or collecting personal information about others; or (n) encouraging or enabling any other individual to do any of the foregoing.
11. APPLICATION UPDATES AND CHANGES
11.1 Automatic Updates. By installing the Application, you consent to the installation of updates, upgrades, and patches that may be released by the Application Provider through the App Store or the Services. The Application (including any update or upgrade) may (a) cause your Apple Device to communicate automatically with the Application Provider's servers in order to deliver Application functionality and to record usage metrics; (b) affect Application-related preferences or data stored on your Apple Device; and (c) collect personal information as set out in the Privacy Policy. You may uninstall the Application at any time.
11.2 Changes to the Application or the Services. Each Provider reserves the right, at any time and from time to time, to modify, suspend, or discontinue, temporarily or permanently, all or any portion of the Application or the Services, with or without notice. Neither Provider will be liable to you or any third party for any modification, suspension, or discontinuance of all or any portion of the Application or the Services.
12. INTELLECTUAL PROPERTY
12.1 Application Provider IP. As between you and the Providers, the Application, including all software, code, designs, user interfaces, technology, and related documentation (collectively, the "Application IP"), and all intellectual property rights therein, are owned exclusively by the Application Provider and its licensors. Except for the limited license granted in Section 2.1, no right, title, or interest in or to the Application IP is granted to you.
12.2 Bravo AI IP. Without limiting the generality of Section 12.1, all artificial intelligence systems, models, model weights, prompts, prompt templates, orchestration logic, training pipelines, fine-tuning data and outputs, retrieval-augmented generation components, software, and related technology underlying or supporting the Bravo AI feature, including any modifications, improvements, or derivative works thereof (collectively, the "Bravo AI Technology"), constitute Application IP owned exclusively by the Application Provider and its licensors. For the avoidance of doubt, no content, theme, configuration input, feedback, or other material provided by the Service Provider, by you, or by any other person in connection with the Bravo AI feature shall be deemed to vest in the Service Provider, in you, or in any other person any right, title, or interest in or to the Bravo AI Technology.
12.3 Service Provider IP. As between you and the Providers, the Service Provider Content, including all educational materials, articles, videos, BalanceTrack modules, financial coaching content, branding, trademarks (including the "Balance," "BalanceTrack," and "BeBalanced" marks), and related documentation (collectively, the "Service Provider IP"), and all intellectual property rights therein, are owned exclusively by the Service Provider and its licensors. Trademarks, service marks, logos, and trade names of credit union partners or other third parties displayed in or through the Application are the property of their respective owners and are used with such owners' permission.
12.4 Trademarks. "Ovation" and "Bravo AI" are trademarks of the Application Provider. "Balance," "BalanceTrack," "BeBalanced," and the Balance logo are trademarks of the Service Provider. All other trademarks, service marks, logos, and trade names appearing on or through the Application or the Services are the property of their respective owners. You may not use any such marks without the express prior written consent of the applicable owner.
12.5 Feedback. If you provide either Provider with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Application or the Services ("Feedback"), you grant to the receiving Provider a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, and exploit the Feedback for any purpose, without compensation or attribution to you.
13. COPYRIGHT COMPLAINTS
Each Provider respects the intellectual property of others and expects users to do the same. If you believe in good faith that any materials on or accessible through the Application or the Services infringe your copyright, please send a written notice including: (a) a description of the copyrighted work claimed to have been infringed; (b) a description of where the material is located; (c) your address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) an electronic or physical signature. Such notices should be sent to the Service Provider's Copyright Agent at Balance, 1655 Grant Street, Suite 1300, Concord, California 94520.
14. PRIVACY
Your privacy is important to the Providers. The Providers' collection, use, storage, and disclosure of personal information in connection with the Application and the Services are governed by the Service Provider's Privacy Policy, which is incorporated by reference into this Agreement. By using the Application or the Services, you acknowledge that you have read and understood the Privacy Policy. To the extent of any conflict between this Agreement and the Privacy Policy with respect to the handling of personal information, the Privacy Policy shall control.
15. THIRD-PARTY LINKS AND MATERIALS
15.1 The Application and the Services may contain links to third-party websites, applications, services, or content (collectively, "Third-Party Materials"). Third-Party Materials are provided for your convenience only. Neither Provider controls, endorses, or assumes any responsibility for any Third-Party Materials, including their availability, accuracy, content, products, services, or terms. Your access to and use of Third-Party Materials is at your own risk and is governed by the terms and policies applicable to such Third-Party Materials. The Providers may receive compensation or referral fees from affiliate partners whose products or services appear in the Application; the Application and the Services do not necessarily review or include all available products.
15.2 The Application may, from time to time, include a curated marketplace or directory of third-party products and services (a "Marketplace") that may be of interest to users seeking financial wellness, financial planning, estate planning, tax, insurance, or other related services. The Providers may apply selection criteria or quality reviews to the providers included in the Marketplace; however, you acknowledge and agree that: (a) no such selection, curation, vetting, or review by either Provider constitutes an endorsement, recommendation, certification, warranty, or guarantee of any kind with respect to any Marketplace provider, its products, services, pricing, qualifications, performance, regulatory compliance, financial condition, or suitability for any particular purpose; (b) your engagement of, and any contractual relationship with, any Marketplace provider is solely between you and that provider, is governed exclusively by that provider's terms and policies, and is at your own risk; (c) neither Provider has any obligation, and shall have no liability, with respect to the acts, omissions, products, services, content, pricing, or compliance of any Marketplace provider; and (d) one or both of the Providers may receive referral fees, commissions, revenue share, or other compensation from Marketplace providers in connection with users' engagement of their services. Such compensation does not increase the price you pay to any Marketplace provider, and is disclosed here in lieu of separate disclosure for each Marketplace offering.
16. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY REQUIRED BY SECTION 3.4 (WHICH APPLIES SOLELY AS BETWEEN YOU AND APPLE), THE APPLICATION AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, NEITHER PROVIDER MAKES ANY WARRANTY OR REPRESENTATION (A) THAT THE APPLICATION OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (B) REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR FITNESS OF ANY CONTENT, INCLUDING BRAVO AI OUTPUTS, FINANCIAL PROJECTIONS, RECOMMENDATIONS, OR ACCOUNT AGGREGATION DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PROVIDER, NOR ANY OF THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, OR THE SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE — FOR ANY (A) LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES; OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH PROVIDER (SEPARATELY, AND NOT JOINTLY) TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APPLICATION, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO THE APPLICABLE PROVIDER (OR, IN THE CASE OF THE APPLICATION PROVIDER, TO APPLE IN RESPECT OF THE APPLICATION) DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (II) ONE HUNDRED U.S. DOLLARS ($100).
NEITHER PROVIDER IS LIABLE FOR THE ACTS, OMISSIONS, BREACHES, OR OBLIGATIONS OF THE OTHER PROVIDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE APPLICATION PROVIDER SHALL HAVE NO LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES, THE SERVICE PROVIDER CONTENT, FINANCIAL COUNSELING, COACHING, CONTENT, OR THE SERVICE PROVIDER'S INTERACTIONS WITH YOU; AND THE SERVICE PROVIDER SHALL HAVE NO LIABILITY FOR ANY CLAIM ARISING SOLELY FROM A DEFECT IN THE APPLICATION SOFTWARE. LIABILITY FOR THE BRAVO AI FEATURE IS ALLOCATED AS SET FORTH IN SECTIONS 1.5 AND 8 AND IS, IN ALL EVENTS, SUBJECT TO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION 17 AND SECTION 16.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless each Provider and its affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns (each, an "Indemnified Party") from and against any and all claims, actions, proceedings, losses, damages, liabilities, judgments, awards, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of or inability to use the Application or the Services; (b) your breach or alleged breach of this Agreement; (c) your violation of any law or the rights of any third party; (d) your User Generated Content; or (e) any inputs you provide to Bravo AI. Each Indemnified Party reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with such Indemnified Party in asserting any available defenses. You will not settle any claim without the prior written consent of the applicable Indemnified Party.
19. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND THE PROVIDERS CAN BRING CLAIMS AGAINST EACH OTHER. EXCEPT AS LIMITED BELOW, IT REQUIRES YOU AND EACH PROVIDER TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
19.1 Informal Resolution. Before initiating any arbitration or other formal proceeding, you agree to first contact the Service Provider using the contact information set forth in Section 24 and attempt in good faith to negotiate a resolution of the dispute. If the matter remains unresolved for thirty (30) days after such notice, either party may proceed to arbitration as set forth below.
19.2 Binding Arbitration. You and each Provider agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Application, or the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You and each Provider waive the right to a trial by jury. Notwithstanding the foregoing, you may bring an individual claim against either Provider in small claims court if the claim qualifies.
19.3 Class Action Waiver. You and each Provider agree that any proceedings to resolve Disputes will be conducted on an individual basis and not as a class, consolidated, or representative action. You and each Provider waive the right to participate as a plaintiff or class member in any class, collective, consolidated, or representative action. Unless you and the applicable Provider agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.
19.4 Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single arbitrator who is either a retired judge or an attorney licensed to practice law in the State of California. If the parties are unable to agree on an arbitrator within seven (7) days of delivery of a Demand for Arbitration, the AAA will appoint the arbitrator in accordance with the AAA Rules.
19.5 Location and Procedure. Unless you and the applicable Provider agree otherwise, the seat of arbitration shall be San Francisco, California. If your claim does not exceed USD $10,000, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing and the arbitrator determines a hearing is necessary. If your claim exceeds USD $10,000, your right to a hearing will be determined by the AAA Rules. Hearings may be conducted by telephone or video conference if requested and agreed by the parties.
19.6 Governing Law. The arbitrator shall apply California law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and applicable statutes of limitations, and shall honor claims of privilege recognized by law. Any award shall be consistent with the limitations of liability set forth in this Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Judgment on any award may be entered in any court of competent jurisdiction.
19.7 Fees. Each party's responsibility to pay AAA filing, administrative, and arbitrator fees will be governed by the AAA Rules.
19.8 Opt-Out. You may opt out of this Section 19 as to both Providers by sending written notice of your decision to opt out to the Providers at the address set forth in Section 24 within thirty (30) days of first accepting this Agreement. Your notice must include your name, address, the email address you used to register for your Account, and a clear statement that you do not wish to resolve disputes through arbitration.
20. TERMINATION
20.1 Termination by You. You may terminate this Agreement at any time by ceasing all use of the Application and the Services, cancelling any active Subscription through your App Store account settings, and deleting your Account through the Application or by contacting the Service Provider.
20.2 Termination by the Providers. Either Provider may suspend or terminate your access to the Application or the Services at any time, with or without notice, for any reason, including if a Provider believes you have violated this Agreement or applicable law, or if continued provision of the Application or the Services to you would expose either Provider to legal, regulatory, or commercial risk.
20.3 Effect of Termination. Upon termination, all rights granted to you under this Agreement will immediately terminate, and you must cease all use of the Application and the Services. Sections that by their nature should survive termination (including Sections 1.5, 9.2, 12, 16, 17, 18, 19, 22, and 24) shall survive.
21. CHANGES TO THIS AGREEMENT
The Providers reserve the right to modify this Agreement from time to time. Material changes will be communicated to you through the Application, by email, or by other reasonable means. Unless otherwise required by applicable law, the modified Agreement will become effective upon posting or upon the date specified in the notice. Your continued use of the Application or the Services after the effective date of the modified Agreement constitutes your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using the Application and the Services.
22. GOVERNING LAW
This Agreement and any Dispute will be governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 19, the exclusive jurisdiction and venue for any judicial proceeding permitted under this Agreement shall lie in the state and federal courts located in San Francisco County, California, and each party irrevocably submits to such jurisdiction.
23. GENERAL PROVISIONS
23.1 Entire Agreement. This Agreement, together with the Privacy Policy and any other documents expressly incorporated herein by reference, constitutes the entire agreement between you and the Providers with respect to the Application and the Services and supersedes all prior or contemporaneous communications, representations, and agreements, whether oral or written.
23.2 Severability; Savings Clause for Apple-Required Provisions. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, or, if it cannot be so modified, severed from this Agreement, and the remaining provisions shall continue in full force and effect. Notwithstanding the foregoing, if any provision of Section 3 (Apple-Specific Terms) is held to be invalid or unenforceable as against the Application Provider, then the corresponding obligation shall be deemed to be allocated to the Service Provider to the extent permitted by applicable law and consistent with the allocation of responsibilities set forth in Section 1.
23.3 No Waiver. No failure or delay by either Provider in exercising any right under this Agreement will constitute a waiver of that right.
23.4 Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of each Provider. Each Provider may assign or transfer this Agreement, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
23.5 Relationship of Parties. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and either Provider, or between the Providers. The Providers are independent parties, each acting on its own behalf in accordance with this Agreement.
23.6 No Third-Party Beneficiaries. Except as expressly set forth in Section 3.10 (Apple), this Agreement is for the sole benefit of you and the Providers and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
23.7 Force Majeure. Neither Provider will be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, embargoes, governmental action, internet or telecommunications failures, labor stoppages, fire, flood, earthquake, or pandemic.
23.8 Notices to You; Electronic Communications. You consent to receive all notices, disclosures, and other communications from the Providers electronically, including by email to the address associated with your Account or by posting in the Application. You agree that electronic communications satisfy any legal requirement that such communications be in writing.
23.9 Export Compliance. You shall not export, re-export, or transfer the Application or any underlying technology, directly or indirectly, in violation of applicable export control or sanctions laws of the United States or any other jurisdiction.
23.10 Headings. Headings used in this Agreement are for convenience only and shall not affect its interpretation.
24. CONTACT INFORMATION
24.1 Primary Contact (All Service, Account, and Support Matters). For all questions, complaints, or requests relating to your Account, the Services, the Service Provider Content, financial coaching or counseling, billing inquiries, content, or any other non-technical matter, please contact the Service Provider:
Consumer Credit Counseling Service of San Francisco (dba Balance)
1655 Grant Street, Suite 1300, Concord, California 94520
Telephone: (888) 456-2227
Email: support@bebalanced.org
24.2 Application Provider Contact (Technical Matters Relating to the Application Software Only). For technical issues, bugs, or defects in the Application software itself, please contact:
Ovation Ventures, Inc.
180 Grand Avenue, Suite 1530, Oakland, California 94612
24.3 Apple. For any payment, refund, or App Store account-related inquiries, please use the support functions provided through your Apple ID account settings.
ACKNOWLEDGMENT
BY INSTALLING, ACCESSING, OR USING THE APPLICATION OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AND TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 19, AND THE LIMITATION OF LIABILITY PROVISIONS IN SECTION 17.