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TERMS OF SERVICE
Last updated: June 16, 2023
EXPENSIFY TERMS OF SERVICE
Welcome to Expensify! We provide expense management software, invoicing, bill
processing, applications and other financial tools and services.
These offerings are provided by Expensify, Inc. (“Expensify”, “we”, “us”, or
“our” which include our group and affiliated companies) through an application
you download to your mobile device (the “Application”) and at www.expensify.com
or www.use.expensify.com or new.expensify.com (the “Site” and, together with any
related software, tools and services provided in connection with the Application
or Site, the “Expensify Service”).
The following terms and conditions, along with Expensify’s Privacy Policy
(collectively, the “Terms of Service”), govern your access to and use of the
Expensify Service and all Site Content and constitute a binding legal agreement
between you and Expensify. These Terms of Service explicitly incorporate herein
by reference the following separate program terms, which may apply to your
account if you opt in to, are enrolled in, or otherwise use such programs
(collectively, the “Program Terms”):
* Corporate Card Program Terms and the Card Agreement
* Concierge Terms
* Karma Program Terms
* ACH Terms
* Payroll Terms
Please read these Terms of Service carefully as they provide important
information to you. A few important highlights of these Terms of Service
include:
* Limited Liabilities. You understand that we offer no warranties, and our
liabilities are limited (See Section 7).
* Arbitration and Class Action Waiver. You agree to resolve any disputes by
individual arbitration and to waive the right to participate in any kind of
class action (See Section 8).
* Communication About New Features and Products. If you provide us with your
email address or phone number (or activate your Account using a referred
email address), you agree to receive, as applicable, emails, chats, calls and
text messages from us with information relating to your Account, new and
existing features, product updates and improvements, company and industry
news and events, community updates and communications connecting you with
other Members and volunteers. (See Section 9).
* Modification. You understand that we may change these Terms of Service or any
portion of the Expensify Service at any time. Your continued use of the
Expensify Service constitutes your acceptance of any modified Terms of
Service (See Section 10).
By accessing or using the Expensify Service in any way, including browsing the
Site, registering for an Expensify Account, downloading the Application or any
Application upgrades, using the Application on your mobile device, or by
entering into a statement of work with Expensify (a “Statement of Work”), you
are indicating that you have read, understand and agree to be bound by these
Terms of Service. If you do not agree to these Terms of Service, then you have
no right to access or use the Expensify Service or Site Content. If you agree to
the Terms of Service and do not agree to any Program Terms, do not use the
corresponding Program. If you accept or agree to these Terms of Service on
behalf of a company or other legal entity, you represent and warrant that you
have the authority to bind that company or other legal entity to these Terms of
Service and, in such event, “you” and “your” will refer and apply to that
company or other legal entity.
1. Using the Expensify Service.
Who Can Use the Expensify Service?
By accessing or using the Expensify Service, you represent and warrant to
Expensify that: (i) you are of legal age to form a binding contract, or, if you
are a minor, you have your parent’s permission to use the Expensify Service and
your parent or guardian has read and agrees to these Terms of Service on your
behalf; (ii) all registration information you submit is accurate, current and
complete; (iii) you will maintain the accuracy and completeness of such
information; and (iv) if you are accepting these Terms of Service on behalf of a
company or other legal entity as a Corporate Administrator (as defined below),
you have the authority to bind that company or legal entity to these Terms of
Service. These Terms of Service are void where prohibited by law, and the right
to access the Expensify Service is revoked in such jurisdictions. If you do not
meet all of these requirements, you must not access or use the Expensify
Service.
Individual Account Registration
In order to access certain parts of the Expensify Service, you must register to
create an account (“Account”) and become a Member (“Member”). When registering
with Expensify as an individual you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Expensify
Service’s registration form (such information being the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we may suspend or
terminate your Account and refuse any and all current or future use of the
Expensify Service (or any portion thereof).
If you connect with a Corporate Policy (as defined below), you hereby understand
and agree that the Corporate Member has access and a right to the Member Data
related to transactions associated with the Corporate Policy (including any
Personal Data, as defined in the Privacy Policy) for its internal bookkeeping
purposes and payroll purposes if subscribed to the Payroll Service. A Corporate
Member will maintain the following information at a minimum, when you connect
with a Corporate Policy: full name, email, phone number, and expense data. Any
Corporate Member who utilizes the Payroll Service will maintain the information
set forth in the Payroll Terms. Please contact the Corporate Member directly
for more information about what Personal Data the Corporate Member maintains.
Further, in certain circumstances where the Corporate Member has Domain Control,
the Corporate Member may have authorization and access to administer certain
advanced security settings, including the ability to delete your account (unless
you provide an alternative login not under the Corporate Member’s Domain
Control), control certain settings, and control how you use the Expensify
Service. We will notify you if a Corporate Member enables Domain Control and has
a right to view or make changes to the settings in your account. Where a
Corporate Member has also subscribed to Expensify’s Payroll Service, the
Corporate Member may have access to additional Personal Data as set forth in the
Payroll Terms and Privacy Policy.
You may not authorize any third party to access or use the Expensify Service or
any payment cards managed through your Account in connection with the Corporate
Card Program (a “Card”) on your behalf. You are responsible for maintaining the
confidentiality of your user ID and password and/or other sign-on mechanism and
keeping the Card secure and are fully responsible for all activities that occur
under your user ID or password and/or other sign-on mechanism. You agree to
immediately notify Expensify of any unauthorized use of your user ID or password
and/or other sign-on mechanism or Card, or any other breach of security, and
will (if allowed by the Expensify Service) immediately stop using your Card
where you know or believe Cards have been compromised or stolen or may be
misused. Expensify cannot and will not be liable for any loss or damage arising
from any unauthorized use of your Account or Card.
Corporate Policies
In order to create an Account on behalf of a company or other legal entity,
rather than an individual (a “Corporate Member”), you must register to create an
Account as an administrator or policy holder for the Corporate Member (a
“Corporate Administrator”). When registering on behalf of a Corporate Member,
you agree to: (a) provide true, accurate, current and complete Registration Data
about yourself and the Corporate Member, and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, we may suspend or terminate the Corporate Member’s
Account and associated Member Accounts and refuse any and all current or future
use of the Expensify Service (or any portion thereof) by Corporate Member and
related Members.
A Corporate Member’s Account may host and administer one or more corporate
policies that individual Members can connect with to facilitate transactions on
the Expensify Service (a “Corporate Policy”). The Corporate Member acknowledges
that individual Members retain ultimate administrative control over their
individual Accounts and the Member Data and Member-Generated Content within
them, except to the extent a Corporate Member has Domain Control over accounts.
You may not allow any third party (other than authorized agents of the Corporate
Member) to access or use the Expensify Service or the Cards on Corporate
Member’s behalf. The Corporate Member is responsible for (i) all Member Data and
Member-Generated Content posted and activity that occurs under its Account; (ii)
maintaining the security of its Account login credentials; and (iii) promptly
notifying us upon becoming aware of any unauthorized use of, or access to, the
Expensify Service through its Account.
If the Corporate Member is a party to a Statement of Work with Expensify, these
Terms of Service shall begin on the effective date of the Statement of Work and,
unless terminated as otherwise provided in the Statement of Work, shall continue
through the term set forth in the Statement of Work (the “SOW Term”) and will
automatically renew for a successive one (1) year term following the end of each
SOW Term, unless either party notifies the other, not less than ninety (90) days
prior to the end of the then current SOW Term, of its intention not to renew.
Either party to a Statement of Work may, by written notice, request any changes,
additions, deletions, or modifications to any Statement of Work. No changes to a
Statement of Work will be effective until a written amendment has been signed by
both parties. If any such change affects the amount due or the time of
performance thereunder, the parties shall negotiate in good faith a mutually
acceptable appropriate adjustment. In the event of conflict or inconsistency
between these Terms of Service and those of any Statement of Work, the Statement
of Work shall control.
Linked Financial Accounts
In order to access certain features of the Expensify Service (such as the
Corporate Card Program, Concierge, Expensify Invoicing, Karma Program,
Expensify’s ACH features, or Payroll Service), a Member or a Corporate Member
may need to connect its Account or Corporate Policy (as applicable) with (i) one
or more accounts that are held with a financial institution, and/or (ii) an
account with other third-party payment providers (including a debit card, credit
card, checking account or other permitted payment method), each of which are
linked to or authorized for use through the Member’s or Corporate Member’s
Account (each, a “Linked Financial Account”). You acknowledge and agree that you
have the authority to access and connect a Linked Financial Account to the
Expensify Service, and to authorize the initiation of payments, including the
initiation of ACH debit or credit entries or necessary adjustments or reversals
or check payments, in accordance with any payment instructions provided in
connection with your use of the Expensify Service.
Further, to participate in such features, as a Member or a Corporate
Administrator, you may be required to provide certain information (including
Personal Data as described in our Privacy Policy), which may include the
Member’s full name, email, phone number, business information (such as
registered business name and state of incorporation for the Corporate Member,
the business address, employer identification number, ownership details, actual
or anticipated revenue, the nature of the business, and details from Linked
Financial Accounts and other business information we may request from time to
time), Financial Data (both current and historical), and the name, contact
information, and date of birth of individual Members or beneficial owners, the
social security number of beneficial owners/controlling officers (requesting
users), and documentary information used to verify the business and Personal
Data. “Financial Data“ means a bank balance, transaction data, and account
information accessible to Expensify through Linked Financial Accounts or
Third-Party Service Providers (as defined in the Corporate Card Program Terms,
as applicable).
Bill Pay and Invoicing
In order to access Expensify’s bill payment and invoice payment features on the
Expensify Service (collectively, “Expensify Invoicing”), so you can make
payments to third party merchants (“Merchants”) or request and receive payments
from third party clients (“Clients”), we will require a Member or a Corporate
Member, as the case may be, to connect with a Linked Financial Account.
When you provide information about your Merchants and Clients to the Expensify
Service, you agree to provide correct and current information, and you represent
and warrant that you have obtained all necessary authorizations and consents
from the Merchant or Client to share such information. You are solely
responsible for verifying the accuracy of all such information. Expensify will
have no liability for losses or damages resulting from the accuracy or
inaccuracy of the Merchant or Client information.
By agreeing to these Terms of Service and using the check printing feature of
Expensify Invoicing, you authorize Expensify or its third-party provider to send
checks drawn on your bank account identified in your Account. The accuracy of
all the bank account details, account and routing numbers and the address of the
Merchant or Client is solely your responsibility. You will be responsible for
notifying your financial institution of any voided or cancelled checks, ensuring
the bank account associated with Expensify Invoicing is funded, and will be
responsible for any fees related to the voiding or cancelling of checks sent by
Expensify or its third-party providers on your behalf.
Expensify reserves the right, in our reasonable discretion and without any
liability to any Members, Corporate Members, or other third parties, to (i)
limit or refuse to make, process or issue any payment initiated or requested
through Expensify Invoicing, and (ii) impose limits on the amount of money sent
through Expensify Invoicing, on a per transaction or a cumulative basis, and to
change those limits at any time. In each case, Expensify will use commercially
reasonable efforts to provide notice to the affected Member, but it will not be
required to do so. To the extent permitted by law, you grant Expensify the right
to apply or set off any money or credit balance in which you have an interest
and which is in Expensify’s possession, custody or control, in satisfaction of
any amounts or liabilities that you owe to Expensify. You acknowledge and agree
that you will not use Expensify Invoicing for payment of child support, alimony,
taxes or other court-directed or government payments, fines or penalties.
Payment processing services for Members or Corporate Members, as the case may
be, on the Expensify Platform are provided by Stripe and are subject to the
Stripe Connected Account Agreement, which includes the Stripe Terms of Service
(collectively, the “Stripe Services Agreement”). You agree to be bound by the
Stripe Services Agreement, as the same may be modified by Stripe from time to
time. As a condition of the Expensify Service enabling payment processing
services through Stripe, you agree to provide Expensify Service accurate and
complete information about you and your business, and you authorize Expensify
Service to share it and transaction information related to your use of the
payment processing services provided by Stripe.
Personal Payments
The Expensify Service, via new.expensify.com, allows Members to track informal
debts, expenses, and bills, by allowing Members to post debts and payments and
notes about who they owe, who owes them and why. You agree that this service is
provided as-is and on an as-available basis. You agree (1) that these debts are
not legally binding, and represent informal information sharing, (2) that
Expensify cannot guarantee the accuracy of information entered by Members or
payment from any Members or non-Members for such debts, and (3) any payments
made based on the amounts in the personal payments feature on or through
third-party platforms, websites or services that are not owned or controlled by
Expensify shall be subject to the terms of such third-party platforms, websites,
or services. You expressly relieve Expensify from any and all liability arising
from (1) any transactions occurring or not occurring via the personal payments
feature and (2) your use of any third-party platforms, websites, or services to
process any transactions posted in the personal payments feature.
Third Party Payment Services
Some users will have access to other payment functions of other companies
through links on the Site or Application. These links or API integrations will
initiate a payment or request by pre-populating some information (such as email
address, phone number, amount or notes) as part of payments completed on a third
party payment system. You agree to abide by the terms of service of any payment
service linked to by Expensify, and you agree that Expensify is in no way
responsible or liable for transactions and service provided by a third party
linked to or from the Expensify Service.
Fees and Payment
By establishing an Expensify Account, you agree to the term, pricing, payment,
and billing policies set forth (a) herein, (b) on the Site (including our
pricing page), and/or (c) if applicable, in a separately executed Statement of
Work. The use of various offerings within the Expensify Service may be subject
to additional terms as set forth on the Site (such additional terms being
incorporated herein by reference), including but not limited to expense
reporting, SmartScan, certain functionalities of invoices and bill processing,
payroll services, and other services described on the Expensify Service. All
fees paid for the Expensify Service are non-refundable and non-transferable
except as expressly provided in these Terms of Service or Statement of Work. All
fees and applicable taxes, if any, are payable in United States dollars, Pound
Sterling, New Zealand Dollar, or Australian Dollar, as applicable. You are
solely responsible for the payment of, and shall pay when due, all applicable
sales and use taxes and similar fees now in force, enacted or imposed in the
future on the delivery of Expensify Service and/or any related transactions
(except for taxes assessed on Expensify’s net income or personal property). If
for any reason Expensify pays any such taxes, duties or excises, you will
reimburse Expensify for such taxes, duties or excises, other than taxes on
Expensify’s net income. Expensify reserves the right to change the prices for
any service package with fifteen days’ notice to you prior to the next billing
cycle, unless otherwise set forth in a Statement of Work.
Term and Termination
The term of your Expensify Service package is as set forth on the Site and in
your billing account details. If your selected Expensify Service package
requires a recurring subscription fee, your Expensify Service package will
automatically renew, unless you change your billing settings to month-to-month,
we terminate it, or you notify us by email (concierge@expensify.com) of your
decision to terminate your current Expensify Service package at the end of the
term. You must cancel any automatically renewing Expensify Service package
before it renews in order to avoid billing of subscription fees for the next
renewal term to your credit card; provided, that you are responsible at the time
of cancellation for paying in full all subscription fees accrued up to the date
of your cancellation. All fees and charges are nonrefundable, and there are no
refunds or credits for partially-used periods. If your Expensify Service package
is for a term of 12 months or longer, your subscription is deemed to have begun
during the month in which you were first billed by Expensify for the Expensify
Service package (or, in the event that a Corporate Member connects additional
individual Members to its Corporate Policy or otherwise connects individual
Members to its Expensify Service package after beginning its subscription, from
the month in which you were first billed for those additional individual
Members). If you have executed a Statement of Work, the SOW Term and termination
provisions shall be as set forth in such Statement of Work.
If you breach any of these Terms of Service, the Corporate Card Program Terms
the Card Agreement, or the Payroll Terms, or violate the rules of an Issuer or
Card Network (as defined in the Corporate Card Program Terms), Expensify will
have the right to suspend, disable or terminate your Account or Cards or
terminate these Terms of Service, at its sole discretion and without prior
notice to you. Expensify reserves the right to revoke your access to and use of
the Expensify Service or to terminate any Statement of Work at any time, with or
without cause. In the event Expensify terminates these Terms of Service for your
breach, you will remain liable for any and all amounts due hereunder.
If you are party to a Statement of Work, you may terminate your obligations
under these Terms of Service (a “Termination for Cause”) in the event Expensify
fails to perform or observe any material term or condition under these Terms of
Service and fails to cure such breach within thirty (30) days after receipt of
written notice of such breach.
Furthermore, while Expensify strives to support a multitude of business and
organization types, in certain unique situations, if Expensify cannot support
Member’s participation in the Payroll Service, Expensify may immediately
terminate the Payroll Service upon written notice to Member.
Privacy
See Expensify’s Privacy Policy for information and notices concerning
Expensify’s collection and use of your personal information.
2. Special Offerings on the Expensify Service.
Corporate Card Program. As part of the Expensify Service, individual Members may
elect to receive a Card (which may require approval of a Corporate Member if
such Card is connected to a Corporate Policy), along with other related programs
provided by Expensify from time to time (the “Corporate Card Program”). If you
participate in the Corporate Card Program as an individual Member or a Corporate
Member, you are subject to the Corporate Card Program Terms and the Card
Agreement.
Concierge. Expensify operates a virtual personal assistant known as Concierge
that helps with support, customer questions, reservations and other services as
described on the Site. Concierge may utilize data models trained by machine
learning (“Concierge AI”). If you participate in the Corporate Card Program and
you choose to benefit from certain of Concierge’s advanced features such as its
reservation system, you are subject to the Concierge Terms.
Karma Program. As part of the Expensify Service, we provide a charitable offset
program and feedback loop for (i) all participants in the Corporate Card
Program, who automatically receive Karma Points with each purchase on the Card,
(ii) Corporate Members whose Corporate Administrators choose to participate in
the Corporate Karma Program and all of the Members under such Corporate Policy,
and (iii) Members who choose to participate via the Personal Karma Program
(collectively, the Personal Karma Program and Corporate Karma Program
are referred to as the “Karma Program,” and the participants listed in (i)
through (iii) above, the “Karma Participants”). If you are a Karma Participant
in the Karma Program, then you are subject to the Karma Program Terms, and you
acknowledge and agree that your name and chosen login credentials (e-mail
address or phone number, depending on your chosen registration method) may be
shared with volunteers in the Karma Program and other Members who are part of
the Karma Program. As part of the Karma Program, you agree to receive emails,
texts and/or chats regarding the Karma Program from Expensify, Karma Program
volunteers and other participants in the Karma Program. You also agree to
receive instructions on how to use other Expensify functions to provide
alternate forums for communications regarding the Karma Program.
Lounge(s). As part of the Expensify Service, individual Members may choose to
visit the Expensify Lounge in its San Francisco office, where they can access
community workspaces and free Wifi (defined below) along with complimentary
drinks and snacks available to Members and their guests. If you choose to visit
the Expensify Lounge as an individual Member, you must abide by the following
rules:
* You must be at least 21 years of age or be accompanied by an adult who is at
least 21, and be able to provide a valid government-issued photo ID (such as
a driver’s license, passport or military ID).
* You may bring up to one (1) guest with you to the Expensify Lounge for any
visit.
* The Expensify Lounge will be open from 8am to 6pm (local time) Monday through
Friday.
* Food and alcoholic beverages may not be brought into Lounge locations.
* Food and beverage is provided for consumption and use in the Lounge and may
not be removed. Alcoholic beverages will not be served to anyone under 21
years old or to anyone obviously intoxicated.
* Expensify reserves the right to modify pricing, benefits, services, hours,
Lounge locations at any time with or without written notice to its Members.
* Expensify considers an individual Member’s or their guest’s use of the
Expensify Lounge as an acceptance of these rules and with respect to any
guest, an acceptance of these Terms of Service.
* Free Wifi Terms and Conditions. By using our Internet service (the “Wifi”),
you hereby expressly acknowledge and agree to the following:
* Expensify may revise these terms and conditions at any time. It is your
responsibility to review them for any changes each time you access the
Wifi. We reserve the right at all times to withdraw the Wifi, change the
specifications or manner of use of the Wifi, to change access codes,
usernames, passwords and/or other sign-on mechanisms, or other security
information necessary to access the Wifi.
* By using our Internet service (the “Wifi”), you hereby expressly
acknowledge and agree that there are significant security, privacy, and
confidentiality risks inherent in accessing or transmitting information
through the Internet, whether the connection is facilitated through wired
or wireless technology. Security issues include, without limitation,
interception of transmissions, loss of data, and the introduction or
viruses and other programs that can corrupt or damage your computer.
Accordingly, you agree that Expensify is NOT liable for any interception or
transmissions, computer worms or viruses, loss of data, file corruption,
hacking or damage to your computer or other devices that result from the
transmission or download of information or materials through the Wifi
provided. Expensify reserves the right to monitor and collect information
while you are connected to the Wifi in order to provide the Wifi and ensure
its quality. Nevertheless, we do not guarantee the Wifi or specific rates
of speed. We also have no control over information obtained through the
Internet and cannot be held responsible for its content or accuracy.
* We are not liable for any damage, undesired resource usage, or detrimental
effects that may occur to your device and/or software while your device is
attached to the Wifi. You are responsible for any actions taken from your
device, whether intentional or unintentional, that damage or otherwise
affect other devices or users of the Wifi. You hereby release Expensify
from liability for any loss, damage, security infringement, or injury which
you may sustain as a result of being allowed access to the Wifi. You agree
to be solely responsible for any such loss, infringement, damage, or
injury.
* The Wifi may only be used for lawful purposes and in a manner which we
believe to be consistent with the rights of other users. If abnormal,
illegal, or unauthorized behavior is detected, including heavy consumption
of bandwidth, Expensify reserves the right to permanently disconnect the
offending device from the wireless network.
* The Wifi shall not be used in a manner which would violate any law or
infringe any copyright, trademark, trade secret, right of publicity,
privacy right, or any other right of any person or entity. The Wifi shall
not be used for the purpose of accessing, transmitting, or storing material
which is considered obscene, libelous or defamatory. Illegal acts may
subject you to prosecution by local, state, federal, or international
authorities. We may bring legal action to enjoin violations of these terms
and conditions and/or to collect damages, if any, caused by violations.
* You will run appropriate anti-virus software to remove such damaging
software from your computer.
* You will use the Wifi only as permitted by applicable local, state,
federal, and international laws. You will refrain from any actions that we
consider to be negligent or malicious.
ACH Terms. Corporate Members in the United States may link a business bank
account to initiate reimbursement payments or otherwise participate in Expensify
Invoicing or other payment-related services via the Automated Clearing House
(ACH) Network. For more information and to review the Agreement for ACH
Services, visit Expensify’s ACH Terms.
Payroll Terms. Corporate Members in certain states can elect to enroll in
Expensify’s Payroll Service as part of their standard monthly subscription. As
part of this service, Expensify will act as the Corporate Member’s payroll
provider. Members whose Corporate Member enrolls in Expensify’s Payroll Service
give Expensify permission to obtain, verify, and record information that
identifies the individual who creates an Account, is the intended user of an
Account, or accesses the Payroll Service. Expensify may ask for Member’s name,
address, date of birth, social security number, and other information that will
allow Expensify to identify Member. Expensify may also ask to see Member’s
driver’s license or other identifying documents. Member consents to and
authorizes Expensify to obtain credit reports about Member’s business, and to
report adverse credit information about Member’s business to others, including
but not limited to the Internal Revenue Service and any applicable state taxing
authorities. Expensify may, at its discretion, decline to offer the Payroll
Service for any reason, including in the event that the Payroll Service
enrollment process is not satisfactorily completed, Expensify is unable to
verify satisfactory credit of Member’s business, and/or for other lawful
business reasons.
For more information on the Payroll Service and to review the Payroll Terms,
visit Expensify’s Payroll Terms.
Referral Program
Expensify offers a referral program for its Corporate Members and individual
Members who pay for an Expensify membership (each, an “Eligible Member” and such
program the “Referral Program”), as set forth below and in more detail on the
Referral Program Page. To be eligible for a Referral Fee (as defined on the
Referral Program Page), an Eligible Member must abide by the following terms and
conditions:
* Referral Fee Payment. Expensify shall pay to an Eligible Member a Referral
Fee for each Successful Referral (as defined on the Referral Program Page).
Any valid, earned Referral Fee shall be paid to Eligible Member within a
reasonable time via wire, check, or other means as determined by Expensify in
its sole discretion. With appropriate documentation, Referral Fees may be
adjusted for any refunds, returns, or payment failures, with right of setoff
by Expensify against other Referral Fees owed by Expensify to Eligible
Member.
* Fee Restrictions. For the avoidance of doubt, to earn the Referral Fee, the
new Member must comply with the terms and conditions set forth on the
Referral Program Page. Additionally, to the extent a referral from an
Eligible Member has had an Account with Expensify within the six (6) months
prior to opening a new Paid Member Account, then Eligible Member shall not be
entitled to any Referral Fee hereunder. Notwithstanding anything to the
contrary contained herein, Expensify shall not be required to enter into any
agreements with the parties referred by an Eligible Member.
* Taxes. Each party shall be responsible for and pay any and all applicable
federal, state, local, and foreign taxes, duties, tariffs, levies,
withholdings, and similar assessments (including without limitation, sales
taxes, use taxes, and value added taxes) resulting from its own activities
related to referrals.
* Expensify reserves the right to modify the Referral Fee, any fee
restrictions, and the Referral Program at any time with or without written
notice.
* If you choose to use our referral service to tell a friend about Expensify,
or if, as a Corporate Administrator, you refer an employee or other
authorized service provider to connect with your Corporate Policy (each such
individual, a “Referred Party”), you must seek consent of the Referred Party
so that Expensify may use their name and email address to contact them about
the Expensify Service. By providing us with the Referred Party’s name and
email address, you warrant that the Referred Party consents to such contact.
If you were referred by a friend or a Corporate Administrator, and you
activate an Account, you hereby agree that Expensify may use such Personal
Data as if you had directly provided it to Expensify, which such Personal
Data will be governed by the Privacy Policy.
Expensify.org. Expensify.org is a California nonprofit public benefit
corporation that provides a platform for individuals and entities to donate
funds to various charitable initiatives and be reimbursed for expenses related
to volunteer activities, along with other related services. Please visit
Expensify.org to review the Expensify.org Terms of Service.
Supplemental Terms for Certain Services. Certain additional services offered as
part of the Expensify Service may require you to enter into a separate agreement
and/or be subject to additional terms. In the event of any conflict between
these Terms of Service and the additional terms, these Terms of Service will
control.
Links to Third-Party Websites
The Expensify Service may now or in the future contain links to third-party
websites, advertisers, services, or resources that are not owned or controlled
by Expensify. You acknowledge and agree that Expensify has no control over and
is not responsible or liable for: (i) the availability or accuracy of such
websites or resources; or (ii) the Content, products, privacy policies,
practices, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by Expensify of such
websites or resources or the Content, products, practices, privacy policies, or
services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such
websites or resources or the Content, products, or services on or available from
such websites or resources. Additionally, your dealings with or participation in
promotions of any third parties, including payment and delivery of goods, and
any other terms (such as warranties) are solely between you and such third
parties. You agree that Expensify shall not be responsible for any loss or
damage of any sort relating to your dealings with such third parties. We
encourage you to be aware of when you leave the Expensify Service or Site, and
to read the terms and conditions and privacy policy of any third-party website
or service that you visit. You expressly relieve Expensify from any and all
liability arising from your use of any third-party website or services or
third-party Content.
3. Your Content.
Content Generally
“Content” shall mean any text, graphics, photos, music, software, audio, video,
information, or other materials. Content shall be “Expensify Content” if
Expensify makes such Content available through the Site or Expensify Service,
including any Content licensed to Expensify from a third party, but excluding
Member-Generated Content (as defined below). “Site Content” shall refer to all
Expensify Content and Member-Generated Content.
Member Data
Subject to the section below labeled “Member Data Shared with Corporate
Policies”, each individual Member shall retain all right, title and interest in
and to (a) all Content transmitted by or on behalf of an individual Member to
Expensify, Issuers, Card Networks, or Third-Party Service Providers (as defined
in the Corporate Card Program Terms or Payroll Terms, as and if applicable), in
connection with its use of the Expensify Service and (b) reports and other
materials generated by the Expensify Service following such transmission
(collectively, “Member Data”), provided, however, that Member hereby grants to
Expensify a worldwide, royalty-free, non-exclusive license to use (i) data
generated as a result of Member’s use of the Expensify Service solely for
purposes of: (x) maintaining and improving the Expensify Service and (y)
providing Member with access to and information about customized features, new
functionality, partner integrations, special product offers and promotions,
newsletters, personal interest pieces, interests for the Expensify community,
events, elections, and campaigns, and (ii) non-identifiable, anonymous,
aggregated data regarding Member’s use of the Expensify Service compiled by
Expensify solely for marketing purposes, research purposes, or data analysis.
Notwithstanding the foregoing, if you connect with a Corporate Policy or
otherwise submit an expense report or payroll information to a Corporate Member
or any other Member, that Corporate Member or other Member also has right and
title to the Member Data necessary for their internal bookkeeping or payroll
purposes, subject to the license to Expensify set forth above.
Member Data Shared with Corporate Policies
Notwithstanding the foregoing, if you connect with a Corporate Policy or
otherwise submit an expense report or payroll information to a Corporate Member
or any other Member, that Corporate Member or other Member also has right and
title to the Member Data necessary for their internal bookkeeping purposes,
subject to the license to Expensify set forth above in the section below labeled
“Member Data.”
Corporate Member Art
Corporate Member shall retain all right, title and interest in and to all of
Corporate Member’s logos, promotional graphics and related marketing designs
(collectively, the “Corporate Member Art”), provided, however, that Corporate
Member hereby grants to Expensify a worldwide, royalty-free, non-exclusive
license to use the Corporate Member Art, as well as Corporate Member’s corporate
and/or trade name, for purposes of fulfilling its obligations hereunder and
marketing Expensify’s products and services to third parties, subject to
Corporate Member’s right in each instance to approve the manner and form of such
use (which approval shall be in writing and shall not be unreasonably withheld
or delayed).
Member-Generated Content
As part of the Expensify Service, Expensify may allow a Member to post, upload,
publish, submit or transmit Content to Expensify or to other Members via the
Expensify blog, social features, direct messaging, group messaging, e-mail or
chat features (hereafter collectively referred to as “Expensify Chat”), or at
various other publicly available locations on the Expensify Service
(“Member-Generated Content”). These public forums may be hosted by Expensify or
by one of our third-party service providers on our behalf. You expressly
acknowledge and agree that we may share your Member-Generated Content with third
party services, including but not limited to OpenAI, L.L.C. (“OpenAI”), and that
we expressly disclaim any and all liability in connection therewith. You agree
in posting Member-Generated Content to follow certain rules, including the
Acceptable Use Policy and Content Standards, and understand and agree that if
you do not follow the Acceptable Use Policy and Content Standards, your
Member-Generated Content may be flagged and handled in accordance with our
Enforcement Policy (the Acceptable Use Policy and Content Standards and
Enforcement Policy are set forth in Section 6 below). You are responsible for
all Member-Generated Content you submit, upload, post or store through these
areas of the Expensify Service. You grant Expensify, our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns a non-exclusive, transferable, sub-licensable, royalty-free, and
worldwide, license to use, distribute, modify, run, copy, publicly perform or
display, translate, and create derivative works and authorize Expensify to
enforce any unauthorized use or reproduction of any Member-Generated Content
provided through your use of the Expensify Service. Archive your
Member-Generated Content frequently. You are responsible for any lost or
unrecoverable Member-Generated Content. You must provide all required and
appropriate warnings, information and disclosures. Expensify is not responsible
for the Content or data you submit through the Expensify Service.
You represent and warrant that: (i) you own or control all rights in and to the
Member-Generated Content that you post and have the right to grant the license
granted above to us and our affiliates and service providers, and each of their
and our respective licensees, successors, and assigns; (ii) all of your
Member-Generated Content does and will comply with these Terms of Service.
4. Expensify Content.
License Granted by Expensify
Subject to your compliance with these Terms of Service, Expensify grants you a
limited non-exclusive, non-transferable license to download and install a copy
of the Application on your mobile device and run such copy of the Application
solely for your own personal or business use. Furthermore, with respect to an
Application accessed through or downloaded from any app store or distribution
platform (like the Apple App Store or Google Play) (an “App Store Sourced
Application”), you will only use the App Store Sourced Application as permitted
by any usage rules set forth in the in the applicable app store’s terms of use.
Expensify reserves all rights in the Application not expressly granted to you by
these Terms of Service. See also the section herein titled “Accessing and
Downloading the Application from App Provider.”
Confidentiality
The term “Confidential Information” shall mean any and all of Expensify’s trade
secrets, confidential and proprietary information and all other information and
data of Expensify that is not generally known to the public or other third
parties who could derive value, economic or otherwise, from its use or
disclosure. Confidential Information shall be deemed to include technical,
financial, strategic and other proprietary and confidential information relating
to Expensify’s business, operations and properties, including information about
Expensify’s users or partners, or other business information disclosed directly
or indirectly in writing, orally or by drawings or observation. You acknowledge
that Confidential Information is a valuable, special and unique asset of
Expensify and agree that you will not disclose, transfer, use (or seek to induce
others to disclose, transfer or use) any Confidential Information for any
purpose other than disclosure to your authorized employees and agents who are
bound to maintain the confidentiality of Confidential Information. You shall
promptly notify Expensify in writing of any circumstances which may constitute
unauthorized disclosure, transfer, or use of Confidential Information. You shall
use best efforts to protect Confidential Information from unauthorized
disclosure, transfer or use. You shall return all originals and any copies of
any and all materials containing Confidential Information to Expensify upon
termination of this Agreement for any reason whatsoever.
Ownership
Expensify shall own and retain all right, title, and interest in and to the
Expensify Service (except for any licensed content and software components
included therein). Member agrees not to reverse engineer, decompile, distribute,
license, sell, transfer, disassemble, copy (including capturing
screenshots), alter, modify, or create derivative works of the Expensify Service
or otherwise use the Expensify Service in any way that violates the use
restrictions contained in these Terms of Service. Expensify does not grant to
Member any license, express or implied, to the intellectual property of
Expensify or its licensors. Member further acknowledges and agrees that any
information regarding the design, “look and feel”, specifications, components,
functionality or operation and payment terms and pricing (if applicable) of the
Expensify Service is considered Confidential Information of Expensify.
Expensify Logos and Designs
Expensify’s graphics, logos, designs, page headers, button icons, scripts and
service names are registered trademarks, trademarks or trade dress of Expensify
in the U.S. and/or other countries. Expensify’s trademarks and trade dress may
not be used, including as part of trademarks and/or as part of domain names, in
connection with any product or service in any manner that is likely to cause
confusion and may not be copied, imitated, or used, in whole or in part, without
Expensify’s prior written permission.
5. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible through the Expensify
Service, please notify Expensify’s copyright agent, as set forth in the Digital
Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under
the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf
of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it
is located on the Services;
4. Information reasonably sufficient to permit Expensify to contact you, such
as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or law; and
6. A statement, made under penalty of perjury, that the above information is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the owner.
Expensify’s Designated Copyright Agent to receive notifications of claimed
infringement can be reached as follows:
Attention: Copyright Agent
Expensify, Inc.
401 SW 5th Ave
Portland, OR 97204
legal@expensify.com
For clarity, only DMCA notices should go to the Expensify, Inc. Designated
Copyright Agent. Any other feedback, comments, requests for technical support or
other communications should be directed to Expensify
via concierge@expensify.com.
6. Acceptable Use Policy and Content Standards; Enforcement Policy.
As part of your use of the Expensify Service, you agree not to do any of the
following:
1. Post, upload, publish, submit or transmit any Member Data or
Member-Generated Content that: (i) infringes, misappropriates or violates a
third party’s patent, copyright, trademark, trade secret, moral rights or
other intellectual property rights, or rights of publicity or privacy; (ii)
violates, or encourages any conduct that would violate, any applicable law
or regulation or would give rise to civil liability; (iii) is fraudulent,
false, misleading or deceptive; (iv) is defamatory, obscene, pornographic,
indecent, abusive, hateful, inflammatory, vulgar, offensive or otherwise
objectionable; (v) promotes sexually explicit or pornographic material, or
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group including but not limited to race, sex, religion,
nationality, disability, sexual orientation, or age; (vi) is violent or
threatening or promotes violence or actions that are threatening to any
person or entity; (vii) promotes illegal or harmful activities or
substances or advocates, promotes or assists any unlawful act; (viii)
causes annoyance, inconvenience, or needless anxiety or is likely to upset,
embarrass, alarm, or annoy any other person; (ix) is likely to deceive any
person, or impersonate any person, or misrepresent your identity or
affiliation with any person or organization; (v) involves commercial
activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising; (vi) gives the impression that it
emanates from or is endorsed by us or any other person or entity, if this
is not the case; or (vii) is, in Expensify’s sole discretion, objectionable
or exposes Members to harm or liability;
2. Use, display, screenshot, copy, upload, transmit, mirror or frame the
Expensify Service, or any individual element within the Expensify Service,
Expensify’s name, any Expensify trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a
page, without Expensify’s express written consent;
3. Access, tamper with, or use non-public areas of the Expensify Service,
Expensify’s computer systems, or the technical delivery systems of
Expensify’s providers, or otherwise attempt to do any of the foregoing;
4. Attempt to probe, scan, or test the vulnerability of any Expensify system
or network or breach any security or authentication measures;
5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as of privacy and publicity) of any other use of the Expensify
Service or staff member of Expensify;
6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Expensify or any of
Expensify’s providers or any other third party (including another user) to
protect the Expensify Service or Site Content;
7. Attempt to access or search the Expensify Service or Site Content or
download Site Content from the Expensify Service through the use of any
engine, software, tool, agent, device or mechanism (including spiders,
robots, crawlers, data mining tools or the like) other than the software
and/or search agents provided by Expensify or other generally available
third party web browsers;
8. Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail or junk messages, spam, chain letters or other form of
solicitation (including sending invitations to use the Expensify Service to
the mobile numbers of people you do not know or from whom you have not
received consent to such contact);
9. Use or disclose any Confidential Information of Expensify, except as
otherwise explicitly set forth herein;
10. Use any meta tags or other hidden text or metadata utilizing an Expensify
trademark, logo URL or product name without Expensify’s express written
consent;
11. Use the Expensify Service or Site Content for any commercial purpose or the
benefit of any third party or in any manner not permitted by these Terms of
Service;
12. Forge any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or in any way use the Expensify Service or Site
Content to send altered, deceptive or false source-identifying
information;
13. Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Expensify Service or Site Content;
14. Interfere with, or attempt to interfere with, the access of any user, host
or network, including, without limitation, sending a virus, Trojan horses,
worms, logic bombs, overloading, flooding, spamming, or mail-bombing the
Expensify Service or otherwise introduce other material that is malicious
or technologically harmful;
15. Collect or store any personally identifiable information from the Expensify
Service from other users of the Expensify Service without their express
written permission or as otherwise provided for in these Terms of Service;
16. Impersonate or misrepresent your affiliation with any person or entity;
17. Violate any applicable law or regulation;
18. If you are affiliated with a Corporate Member, use the Expensify Service or
Site Content in violation of such Corporate Member’s data retention or
legal hold policies;
19. Engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Site, or which, as determined by us, may harm Expensify or
Members, or expose them to liability;
20. Violate any applicable law, rule, or regulation, or the National Automated
Clearing House Association Operating Rules, as they may be amended from
time to time (as amended, the “NACHA Rules”); or
21. Encourage or enable any other individual or entity to do any of the
foregoing.
Expensify will have the right to investigate and prosecute violations of any of
the above to the fullest extent of the law. Expensify may involve and cooperate
with law enforcement authorities and other third parties as appropriate in
prosecuting or taking other related legal actions regarding Members or other
users who violate these Terms of Service or violate laws including intellectual
property rights or violations of privacy rights. You acknowledge that Expensify
has no obligation to monitor your access to or use of the Expensify Service, or
to review, edit, or delete any Member Data or Member-Generated Content, but it
has the right to do so for the purpose of operating the Expensify Service, to
ensure your compliance with these Terms of Service, or to comply with applicable
law or the order or requirement of a court, administrative agency or other
governmental body. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications, or content provided by any
user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section. You
further acknowledge and agree that if Expensify determines in its sole
discretion that your use of the Expensify Service is in violation of these Terms
of Service, Expensify may terminate your use of the Expensify Service or
restrict your access (temporarily or permanently) to certain features of the
Expensify Service. If you print, copy, modify, download, screenshot, post or
otherwise use or provide any other person with access to any part of the
Expensify Service in breach of the Terms of Service, you must, at our option,
return, takedown or destroy any copies, uploads, screenshots, posts, or other
disclosures of the materials you have made. Any use of the Expensify Service not
expressly permitted by these Terms of Service is a breach of these Terms of
Service and may violate copyright, trademark, and other laws.
7. Enforcement Policy
If Expensify determines that you have violated our Acceptable Use Policy and
Content Standards, Expensify may, among other remedies, flag your Member
Content, restrict your access, or terminate you as a Member. We use a
combination of technology (including technology provided by OpenAI),
notifications from other Members, and human review teams to detect and review
potentially violating Member Content.
If an Expensify Member identifies potentially violating Member Content to
Expensify (each identification, a “Flag”, and each such Member, a “Reporter”),
you agree and acknowledge that the process set forth in our Community Guidelines
will be followed.
Members will receive confirmation if their Flag was successful, and, for those
decisions that require review, Expensify will inform them of the enforcement
decision (whether their Flag was upheld or rejected). Reporters will remain
anonymous in all cases except for Expensify Chats that are direct messages and
receive a Flag, where anonymity would be impossible. Members whose content
receives a Flag will also be notified of the decision once it is made.
7. Liability Matters and Indemnification.
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF EXPENSIFY
TO YOU. YOUR USE OF THE EXPENSIFY SERVICE IS AT YOUR OWN RISK.
Disclaimers
THE EXPENSIFY SERVICE AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPENSIFY
EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING
OR USAGE OF TRADE. EXPENSIFY MAKES NO WARRANTY THAT THE EXPENSIFY SERVICE OR
SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. EXPENSIFY MAKES NO WARRANTY REGARDING THE QUALITY
OF ANY PRODUCTS, EXPENSIFY SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH
THE EXPENSIFY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE EXPENSIFY SERVICE. EXPENSIFY
DOES NOT WARRANT THE RESULTS OF USE OF THE EXPENSIFY SERVICE, AND USERS OF THE
EXPENSIFY SERVICE ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. USERS
OF THE EXPENSIFY SERVICE SHOULD NOTE THAT IN USING THE EXPENSIFY SERVICE,
SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE
NOT UNDER EXPENSIFY’S CONTROL (SUCH AS THIRD-PARTY SERVERS AND THE INTERNET).
EXPENSIFY MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY
INFRASTRUCTURES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPENSIFY OR
THROUGH THE EXPENSIFY SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE EXPENSIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE. YOU
UNDERSTAND THAT EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE,
EXPENSIFY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE
EXPENSIFY SERVICE, NOR DOES EXPENSIFY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS
OF USERS OF THE EXPENSIFY SERVICE. EXPENSIFY MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OF THE EXPENSIFY SERVICE OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE EXPENSIFY SERVICE. YOU
AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE EXPENSIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE,
PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Third Party Disputes.
Expensify is not affiliated with any other Member, Corporate Member, Merchant,
Client, third-party service provider affiliated with your Linked Financial
Account, or other third-party service, and any dispute you have with any such
third party arising from your use of the Expensify Service, including, without
limitation, your employer, is directly between you and such third party, and you
irrevocably release Expensify (and our directors, officers, subsidiaries,
affiliates, agents and employees) from any and all claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. Expensify will not, and will
not attempt, to reverse or otherwise recover any payment or transaction that is
subject to a bona fide dispute.
Indemnity
You agree to defend, indemnify, and hold Expensify, its officers, directors,
employees and agents, harmless from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal
and accounting fees, arising out of or in any way connected with your access to
or use of the Expensify Service, or your violation of these Terms of Service,
including without limitation any breach of any representations or warranties
herein, any infringement by you of Expensify’s intellectual property rights,
your violation of the NACHA Rules, and any claim by a third party that the
Member Data or Corporate Member Art infringes such third party’s intellectual
property rights.
Expensify will defend, indemnify and hold you (and in the case of a Corporate
Member, your directors, officers, employees and affiliates) harmless from and
against any and all costs, liabilities, losses and expenses (including but not
limited to reasonable attorneys’ fees), resulting from any claim, suit, action
or proceeding alleging that the Expensify Service or any portion thereof
infringes any patent, copyright or other intellectual property, proprietary, or
other right of any third party.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EXPENSIFY SERVICE AND
SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH
HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER EXPENSIFY OR ANY OTHER PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EXPENSIFY SERVICE OR
SITE CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, EXPENSIFY
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE PRODUCTS OR EXPENSIFY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR
BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OF EXPENSIFY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR
SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER
USERS OF THE EXPENSIFY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT EXPENSIFY HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL
EXPENSIFY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE EXPENSIFY SERVICE OR SITE
CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EXPENSIFY FOR USE OF THE EXPENSIFY
SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPENSIFY AND YOU. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
8. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS
HOW YOU AND EXPENSIFY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL,
WITH LIMITED EXCEPTION, REQUIRE YOU AND EXPENSIFY TO SUBMIT CLAIMS AGAINST EACH
OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
You agree that, in the event any dispute or claim arises out of or relating to
your use of the Site, the Terms of Service, or the Expensify Service, you will
contact us at concierge@expensify.com and you and Expensify will attempt in good
faith to negotiate a written resolution of the matter directly. You agree that
if the matter remains unresolved for 30 days after notification (via certified
mail or personal delivery), such matter will be deemed a “Dispute” as defined
below. Except for the right to seek injunctive or other equitable relief
described under the “Binding Arbitration” section below, should you file any
arbitration claims, or any administrative or legal actions without first having
attempted to resolve the matter by mediation, then you agree that you will not
be entitled to recover attorneys’ fees, even if you may have been entitled to
them otherwise.
Binding Arbitration
You and Expensify agree that any dispute, claim or controversy arising out of or
relating to the Site, the Terms of Service or your use of the Expensify Service
including the determination of the scope or applicability of this agreement to
arbitration (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, including but not limited to
prevent the actual or threatened infringement, misappropriation, or violation of
a party’s copyrights, trademarks, trade secrets, patents, or other intellectual
property rights or other provisional relief as specified in the Expensify
Corporate Card Program Terms or ACH Terms if you opt into, are enrolled in, or
otherwise use these programs. This means that you and Expensify both agree to
waive the right to a trial by jury. Notwithstanding the foregoing, you may bring
a claim against Expensify in “small claims” court, instead of by arbitration,
but only if the claim is eligible under the rules of the small claims court and
is brought in an individual, non-class, and non-representative basis, and only
for so long as it remains in the small claims court and in an individual,
non-class, and non-representative basis.
Class Action Waiver
You and Expensify agree that any proceedings to resolve Disputes will be
conducted on an individual basis and not in a class, consolidated, or
representative action. This means that you and Expensify both agree to waive the
right to participate as a plaintiff as a class member in any class action
proceeding. Further, unless you and Expensify agree otherwise in writing, the
arbitrator in any Dispute may not consolidate more than one person’s claims and
may not preside over any form of class action proceeding.
Arbitration Administration and Rules
Any dispute, claim or controversy arising out of or relating to these Terms of
Service or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of these
Terms of Service to arbitrate, shall be determined by arbitration in San
Francisco, California before one arbitrator. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. Judgment on the Award and other orders for interim relief may be
entered in any court having jurisdiction. This clause shall not preclude parties
from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction, except as modified by this “Dispute Resolution’
section. (Please see the JAMS Streamlined Rules and Procedures or call JAMS at
1-800-352-5267).
Arbitration Process
A party who desires to initiate the arbitration must provide the other party
with a written Demand for Arbitration as specified in the JAMS Rules. The
arbitrator will be either a retired judge or an attorney licensed to practice
law in the state of California and will be selected by the parties from JAMS’s
roster of arbitrators with relevant experience. If the parties are unable to
agree upon an arbitrator within 7 days of delivery of the Demand for
Arbitration, then JAMS will appoint the arbitrator in accordance with JAMS
Rules.
Arbitration Location and Procedure
Unless you and Expensify agree otherwise, the seat of the arbitration shall be
in San Francisco, California. If your claim does not exceed USD$10,000, then the
arbitration will be conducted solely on the basis of documents you and Expensify
submit to the arbitrator, unless you request a hearing and the arbitrator then
determines that a hearing is necessary. If your claim exceeds USD$10,000, your
right to a hearing will be determined by JAMS Rules. Subject to JAMS Rules, the
arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the
arbitration. Hearings may be conducted by telephone or video conference, if
requested and agreed to by the parties.
Arbitrator’s Decision and Governing Law
These Terms of Service and the rights of the parties hereunder shall be governed
by and construed in accordance with the laws of the State of California,
exclusive of conflict or choice of law rules.
The parties acknowledge that these Terms of Service evidence a transaction
involving interstate commerce. Notwithstanding the provision in the preceding
paragraph with respect to applicable substantive law, any arbitration conducted
pursuant to the terms of these Terms of Service shall be governed by the Federal
Arbitration Act (9 U.S.C., Secs. 1-16) and applicable statutes of limitations,
and shall honor claims of privilege recognized by law. The arbitrator will
render an award within the timeframe specified in the JAMS Rules. Judgment on
the arbitration may be entered in any court having jurisdiction thereof. Any
award of damages by an arbitrator must be consistent with the “Disclaimers and
Limitations of Liability” section above. The arbitrator may award declaratory or
injunctive relief in favor of the claimant only to the extent necessary to
provide relief warranted by the claimant’s individual claim.
Fees
Each party’s responsibility to pay the arbitration filing, administrative and
arbitrator fees will depend on the circumstances of the arbitration and are set
forth in the JAMS Rules.
9. Communications.
Communication with Expensify
You verify that any contact information provided to Expensify, including, but
not limited to, your e-mail address, mobile phone number and mailing address (if
required) is true and accurate. By providing us with your email address, you
agree to receive notices electronically, to that email address. You further
verify that you are the telephone subscriber and/or that you own any telephone
numbers that you provide to Expensify. You acknowledge that by voluntarily
providing your telephone numbers to Expensify, you expressly agree to be
contacted at the telephone numbers you provide. You consent to receive e-mails,
chat messages, pre-recorded voice messages and/or autodialed calls (including
text messages) by or on behalf of Expensify relating to this Agreement, any
transaction with Expensify, matters related to your Account, and promotions from
Expensify. These communications may be made by or on behalf of Expensify, even
if your phone number is registered on any state or federal Do Not Call list. You
acknowledge that you may incur a charge for these texts or calls by your
telephone carrier and that Expensify will not be responsible for these charges.
Expensify will use your primary login credentials (email address and/or mobile
phone number, depending on your chosen registration method) to send you
operational communications concerning your Account, updates concerning new and
existing features on the Expensify Service, notifications about product updates
and improvements, company and industry news and events, updates from our
community, regarding and administering programs that you or the Corporate Member
have enrolled in, and communications connecting you with other Members and
volunteers of Expensify.org, if applicable.
SMS Notifications
1. Members can opt in to receive notifications from Expensify via SMS by adding
their phone number as their primary login.
2. You can cancel the SMS service at any time. Just text "STOP" to the short
code. After you send the SMS message "STOP" to us, we will send you an SMS
message to confirm that you have been unsubscribed. After this, you will no
longer receive SMS messages from us. If you want to join again, sign up as
you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with
the keyword HELP for more assistance, or you can get help directly by
emailing concierge@expensify.com.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you
from us and to us from you. Messaging frequency can be adjusted in your
Expensify account under Contact Preferences. If you have any questions
about your text plan or data plan, it is best to contact your wireless
provider.
6. If you have any questions regarding privacy, please read our privacy policy
at https://use.expensify.com/privacy
Recording of Telephone Calls and Screen Contents
You understand and agree that Expensify may, in its sole discretion, itself or
using a third-party service, monitor and record telephone calls between you and
its employees, contractors or agents, as well as the contents of your device
screen during such telephone calls for purposes of quality control and for
Expensify’s own protection. In the case of the bank account validation process,
Expensify, via Aircall, will always record telephone calls to your bank for bank
verification for purposes of training, quality control, fraud prevention, and
for Expensify’s own protection. If you do not consent to the monitoring and
recording of telephone calls by Expensify, your only remedy is not to engage
with Expensify by means of a telephone call. If you do not consent to the
monitoring and recording of the contents of your device screen by Expensify, you
may decline to share your screen with Expensify when your consent is requested
in the Expensify Service.
Feedback
We welcome and encourage you to provide feedback, comments, and suggestions for
improvements to the Expensify Service (“Feedback”). You may submit Feedback by
emailing us at concierge@expensify.com or through the “Help” section of the
Expensify Service. You acknowledge and agree that all Feedback will be the sole
and exclusive property of Expensify and you hereby irrevocably assign to
Expensify and agree to irrevocably assign to Expensify all of your right, title,
and interest in and to all Feedback, including without limitation all worldwide
patent rights, copyright rights, trade secret rights, and other proprietary or
intellectual property rights therein. At Expensify’s request and expense, you
will execute documents and take such further acts as Expensify may reasonably
request to assist Expensify to acquire, perfect, and maintain its intellectual
property rights and other legal protections for the Feedback.
10. General Provisions.
Modification
Expensify reserves the right, at its sole discretion, to modify, discontinue or
terminate the Expensify Service or to modify these Terms of Service, at any time
and without prior notice. If we modify these Terms of Service, we will post the
modification on the Site or provide you with notice of the modification. We will
also update the “Last Updated Date” at the top of these Terms of Service or on
the Site or Application. By continuing to access or use the Expensify Service
after we have posted a modification on the Site or Application or have provided
you with notice of a modification, you are indicating that you agree to be bound
by the modified Terms of Service. If the modified Terms of Service are not
acceptable to you, your only recourse is to cease using the Expensify Service.
Controlling Law and Jurisdiction
This Agreement will be interpreted in accordance with the laws of the State of
California and the United States of America, without regard to their
conflict-of-law provisions. You and we agree to submit to the personal
jurisdiction of a federal or state court located in San Francisco, California
for any actions for which the arbitration provision, as set forth in Section 8,
does not apply.
Export Control
You may not use, export, re-export, import, or transfer the Application except
as authorized by United States law, the laws of the jurisdiction in which you
obtained the Application, and any other applicable laws. In particular, but
without limitation, the Application may not be exported or re-exported to, or
otherwise used in connection with: (a) any country or territory subject to
comprehensive U.S. sanctions (currently, Cuba, Iran, Syria, North Korea, and the
Crimea region of Ukraine); or (b) parties owned or controlled directly or
indirectly by a person or persons that are (i) the target of U.S. sanctions or
restrictive export controls maintained by the U.S. Department of Treasury’s
Office of Foreign Asset Control (“OFAC”), the U.S. Department of Commerce, or
the U.S. Department of State (collectively, “Sanctions”), including parties on
the Specially Designated Nationals and Blocked Persons List or the U.S.
Department of Commerce’s Denied Person’s List or Entity List; or (ii) operating,
organized, or resident in any United States embargoed country (collectively, a
“Prohibited Person”). By using the Application, you represent and warrant that
(i) you are not located in a country or territory that is subject to
comprehensive U.S. sanctions, or that has been designated by the U.S. Government
as a “terrorist supporting” country and (ii) you are not a Prohibited Person.
You also will not use the Application for any purpose prohibited by U.S. law,
including the development, design, manufacture or production of missiles,
nuclear, chemical or biological weapons.
Accessing and Downloading the Application from App Provider
The following applies to any Application accessed through or downloaded from any
app store or distribution platform (like the Apple App Store or Google Play)
where the App may now or in the future be made available (each an “App
Provider”). You acknowledge and agree that:
1. These Terms of Service are concluded between you and Expensify only, and not
the App Provider. Expensify, not the App Provider, is solely responsible for
the App Store Sourced Application and content thereof.
2. The App Provider has no obligation whatsoever to furnish any maintenance and
support services with respect to the App Store Sourced Application.
3. In the event of any failure of the App Store Sourced Application to conform
to any applicable warranty, you may notify the App Provider, and the App
Provider will refund the purchase price for the App Store Sourced
Application to you and to the maximum extent permitted by applicable law,
the App Provider will have no other warranty obligation whatsoever with
respect to the App Store Sourced Application. As between Expensify and the
App Provider, any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be the
sole responsibility of Expensify.
4. As between Expensify and the App Provider, the App Provider is not
responsible for addressing any claims you have or any claims of any third
party relating to the App Store Sourced Application or your possession and
use of the App Store Sourced Application, including, but not limited to: (i)
product liability claims; (ii) any claim that the App Store Sourced
Application fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation.
5. In the event of any third party claim that the App Store Sourced Application
or your possession and use of that App Store Sourced Application infringes
that third party’s intellectual property rights, as between Expensify and
the App Provider, Expensify, not the App Provider, will be solely
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent required by
these Terms of Service.
6. The App Provider, and the App Provider’s subsidiaries, are third party
beneficiaries of these Terms of Service as related to your license of the
App Store Sourced Application, and that, upon your acceptance of the terms
and conditions of these Terms of Service, the App Provider will have the
right (and will be deemed to have accepted the right) to enforce these Terms
of Service as related to your license of the App Store Sourced Application
against you as a third party beneficiary thereof.
7. Without limiting any other terms of these Terms of Service, you must comply
with all applicable third party terms of agreement when using the App Store
Sourced Application.
Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and
agreement between Expensify and you regarding the Expensify Service and Site
Content, and these Terms of Service, along with any additional terms referenced
herein, including any Statement of Work, if applicable, supersede and replace
any and all prior oral or written understandings or agreements between Expensify
and you regarding the Expensify Service.
Assignment
You may not assign or transfer these Terms of Service, by operation of law or
otherwise, without Expensify’s prior written consent. Any attempt by you to
assign or transfer these Terms of Service, without such consent, will be null
and of no effect. Expensify may assign or transfer these Terms of Service, at
its sole discretion, without restriction. Subject to the foregoing, these Terms
of Service will bind and inure to the benefit of the parties, their successors
and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including
those regarding modifications to these Terms of Service, will be in writing and
given: by Expensify (i) via email (in each case to the address that you provide)
or (ii) by posting to the Application or Site. For notices made by email, the
date of receipt will be deemed the date on which such notice is transmitted.
Survival
In the event that your Account is terminated by you or by Expensify for any
reason, any licenses granted herein shall terminate, but your obligations
described herein under the Sections titled “Fees and Payment,” “Intellectual
Property,” “Confidentiality,” “Disclaimers,” “Indemnity,” and “Limitation of
Liability,” as set forth herein, as well as any obligations of yours set forth
in the Privacy Policy shall survive any termination or expiration of your use of
the Expensify Service or any agreement, including a Statement of Work, between
you and Expensify, and you will not be entitled to receive any refunds for any
prepaid amounts in the event of any early termination.
General
The failure of Expensify to enforce any right or provision of these Terms of
Service will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of Expensify. Except
as expressly set forth in these Terms of Service, the exercise by either party
of any of its remedies under these Terms of Service will be without prejudice to
its other remedies under these Terms of Service or otherwise. If for any reason
a court of competent jurisdiction finds any provision of these Terms of Service
invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms of Service will remain in
full force and effect.
Contacting Expensify
If you have any questions about these Terms of Service, please contact Expensify
at concierge@expensify.com or 401 SW 5th Ave., Portland, OR 97204. You
acknowledge and agree that when contacting Expensify, whether by email, chat, or
otherwise, you will not include any personally identifiable information, other
than name and/or contact information, as necessary, in your communications, and
that if such information is included in your communications with Expensify,
Expensify will have no legal obligation or liability with regard to such
information.
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