Terms of Service
Date Last Revised: December 1, 2020
- Summary of changes:
- Telephone communications and call recording
- Device operating environment
- Dispute Resolution
- Mint Live third party payment processing and data use
I. GENERAL TERMS.
These Terms of Service (“Agreement”) set forth the terms and conditions that apply to your access and use of the Mint website, mobile app, content, products, and related services (collectively the “Mint Service(s)” or “Services”) offered by Intuit Inc. (together with its parents, subsidiaries, representatives, affiliates, officers, and directors, “Intuit” or “we” or “us”). As used in this Agreement, the term "Site" includes all Mint Services websites, pages that are associated with or within each website and all devices, applications or services that Intuit operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and the Intuit Privacy Statement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
- Accepting the Terms
- Privacy and Use of Your Personal Information
- Description of the Services
- Account Information from Third
- Intuit Offers and Third-Party Links
- Your Registration Information
- Your Use of the Service
- Use With Your Mobile Device
- Online and Mobile Alerts
- Rights You Grant to Us
- Intuit’s Intellectual Property Rights
- Access and Interference
- Rules for Posting
- Social Media Sites
- Disclaimer of Representations
- Financial Information is not Financial Planning, Broker or Tax Advice
- Limitations on Intuit’s Liability
- Your Indemnification of Intuit
- Ending your relationship with Intuit
- Governing Law and Forum
- Credit Score Services
- Mint Live Services
- App Store
1. Accepting the Terms
By accessing or using the Mint Services information, tools, features, software and/or functionality, including content, updates, and any new releases, you agree to be bound by this Agreement, whether you access or use the Services as a visitor (which means that you simply browse the Services without registering or creating an account), or a customer (which means that you have created or registered for an account with us). If you wish to become a customer or want to make use of the Services, you must read and confirm your acceptance of this Agreement.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Intuit.
Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and Use of Your Personal Information
You can view the Intuit Privacy Statement here and on the Site for the Services. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit’s Privacy Statement, as part of the Services. You give Intuit permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Intuit services. For example, this means that Intuit may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Intuit may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
By providing a telephone number in connection with the Services, you verify that you are the current subscriber or owner of that number. In addition, you expressly agree that Intuit and its affiliates may contact you by telephone or text message (including through the use of artificial voices, prerecorded voice messages, and/or autodialed calls and text messages) to the telephone number you provide or to any number provided to us on your behalf, for various purposes including verifying your identity, providing you with important notices regarding your account or use of the Services, fulfilling yours requests, or letting you know about promotions or Intuit services we think we may be of interest to you. Your consent to receive automated calls and texts is completely voluntary, and you may opt out any time. You acknowledge that if you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You do not have to agree to receive promotional calls or texts as a condition of purchasing any goods or services.
You understand and agree, for any text messages sent to you in connection with the Services, that: (a) message frequency may vary, (b) message and data rates may apply, and Intuit is not responsible for these charges, (c) you may reply HELP for information, (d) you can reply STOP to opt out at any time (though if you do, you agree to receive a single message confirming your opt-out), and (e) neither Intuit nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages. To opt out of automated voice calls, you must provide us with written notice revoking your consent by contacting us as described in our Privacy Statement, and including your full name, mailing address, account number, and the specific phone number(s) you wish to opt out of such calls.
You also acknowledge and agree that your telephone calls to or from Intuit or its affiliates may be monitored and recorded. You must notify us immediately of any breach of security or unauthorized use of your telephone. Although we will not be liable for losses caused by any unauthorized use of your telephone, you may be liable for our losses due to such unauthorized use.
California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Intuit shall be considered a Business and/or Third Party, as applicable. Where Intuit acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Intuit is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Intuit to (i) share any and all Personal Information you provided with any Intuit company, including Intuit Inc. and any parent, subsidiary, affiliate, or related company of Intuit Inc. (collectively, the “Intuit Family Companies”), and (ii) use any such Personal Information in connection with any and all Intuit Family Companies’ internal operations and functions, including, but not limited to, improving such Intuit Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Intuit Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
3. Description of the Services
The Mint Service is a personal finance information management service that allows you to consolidate and track your financial information. The Mint Service is provided to you by Intuit without charge (it is free) and is meant to provide you with your information to allow you to organize and manage your finances.
The Mint Service also includes your one-bureau credit summary, credit score and monitoring alerts (“Credit Score Services”) which is described below.
The Services may also present you information relating to third party products or services (“Intuit Offers”) that you may be interested in as well as provide you general tips, recommendations and educational material.
4. Account Information from Third Party Sites
Users may direct Intuit to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Intuit works with one or more online service providers to access this Account Information. Intuit does not review the Account Information for accuracy, legality or non-infringement. Intuit is not responsible for the Account Information or products and services offered by or on third-party sites.
Intuit cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, and personalization settings, or from device operating environment malfunctions or other service interruptions. Intuit cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
5. Intuit Offers and Third-Party Links
The Services may include sponsored links from advertisers. The Services may display Intuit Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular Intuit Offer is sponsored or otherwise provided by a third party.
In connection with Intuit Offers, the Services will provide links to other websites belonging to Intuit advertisers and other third parties. Intuit Offers are provided to you as a convenience. Intuit does not endorse, warrant or guarantee the products or services available through the Intuit Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. Intuit is not an agent or broker or otherwise responsible for the activities or policies of those websites. Intuit does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the Intuit Offers are provided by the third parties, and any offer is subject to the third parties’ review of your information. Intuit may receive compensation from third parties which may impact the placement and availability of the Intuit Offers.
6. Your Registration Information and Electronic Communications
In order to allow you to use the Services, you will need to sign up for an account with Intuit. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report if you choose to take advantage of those product offerings, or verifying information you provide against third party databases or through other sources, including your mobile device and/or device operating environment. If you do not provide this information or Intuit cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to provide us with your complete, accurate contact information, or promptly update us in the event you change your information or ownership of your telephone number or other information changes. If we discover that any information provided in connection with your account is false or inaccurate, we may suspend or terminate your account at any time. If you use the Mint Live Services, you understand and agree that a Mint Financial Expert may make certain changes to your account or your information as described below. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Intuit immediately at the email address - email@example.com.
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.
7. Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Intuit to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of device operating environment or other equipment, periodic updating, maintenance or repair of the Services or other actions that Intuit, in its sole discretion, may elect to take. In no event will Intuit be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime or use of a rooted or jailbroken mobile device.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, will be for Intuit to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Intuit may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Intuit is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Intuit may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
8. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; (iii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION FROM THE USE OF ROOTKIT MOBILE DEVICE OR YOUR DEVICE OPERATING ENVIRONMENT; AND (iv) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
9. Online and Mobile Alerts
Intuit may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Intuit may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Intuit may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Intuit will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
10. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Intuit through the Services, you are licensing that content to Intuit for the purpose of providing the Services. Intuit may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Intuit for use for this purpose, without any obligation by Intuit to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Intuit to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Intuit will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Intuit to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Intuit a limited power of attorney, and appoint Intuit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN INTUIT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, INTUIT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Intuit is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
11. Intuit’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Intuit or its software or content suppliers. Intuit grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
12. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Intuit’s express written consent, which may be withheld in Intuit’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, such as rootkits, keyloggers, bots or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain unauthorized access to any portion of the Services.
13. Rules for Posting
As part of the Services, Intuit may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Intuit or by one of our third party service providers on Intuit’s behalf. You agree in posting content to follow certain rules.
- You are responsible for all content you submit, upload, post or store through the Services.
- You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Intuit a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
- You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b)post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c)post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
- You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Intuit does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.
14. Social media sites
Intuit may provide experiences on social media and other platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users of those sites. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the terms of service and privacy policies of those platforms. Please refer to those platforms to better understand your rights and obligations with regard to such content.
15. Disclaimer of Representations and Warranties
THE SITES, SERVICES AND ADD-ON SERVICES (COLLECTIVELY “SERVICES”), INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER INTUIT OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INTUIT OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR ROOT KITS OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DEVICE OPERATING ENVIRONMENT, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.
16. Financial Information is not Financial Planning, Broker or Tax Advice
THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX OR INVESTMENT/RETIREMENT PLANNING ADVICE OR INTENDED TO SERVE AS TAX PREPARATION SERVICES. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other certified financial advisers who are fully aware of your individual circumstances.
17. Limitations on Intuit’s Liability
INTUIT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, INCLUDING ADD-ON SERVICES, DEVICE OPERATING ENVIRONMENT, THE SITES OR THIS AGREEMENT, EVEN IF INTUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INTUIT’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
18. Your Indemnification of Intuit
You shall defend, indemnify and hold harmless Intuit and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including reasonable attorneys’ fees), whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services, including add-on Services and/or device operating environment.
19. Ending your relationship with Mint.com
This Agreement will continue to apply until terminated by either you or Intuit (or any Intuit affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services and close your account, login to One Intuit Account Manager and following instructions under the respective data and privacy settings (FAQ).
Please note that if you wish to remove Mint from your mobile devices, then you may delete the Mobile App, however that will only delete your Mint data from the device. If you want to delete your Mint account, follow the instructions in the preceding paragraph.
Intuit may at any time, terminate its legal agreement with you and access to the Services:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Intuit in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
- for any reason and at any time with or without notice to you; or
- immediately upon notice to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Intuit may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Intuit will not be liable to you or any third party for any termination of your access to the Services.
Intuit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services, including add-on Services with or without notice. Intuit reserves the right to change the Services, including fees as may be applicable, in our sole discretion and from time to time. In such event, if you are a paid user to add-on subscription Services, Intuit will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Intuit will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Intuit may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
21. Governing Law and Forum for Disputes
California state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues related to scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 21 shall survive expiration, termination or rescission of this Agreement.
22. Allegations of Copyright and Trademark Infringements; Notification
Intuit respects the intellectual property rights of others and Intuit asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to Intuit’s Designated Agent, whose contact information is as follows:
Attention: DMCA Designated Agent
2700 Coast Avenue
Mountain View, CA 94043
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Intuit may be shared with third parties, including the person who provided Intuit with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Intuit’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Intuit’s Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
23. Credit Score Services.
These additional terms and conditions apply for Credit Score Services and will prevail over any conflict or inconsistency with the Agreement above.
Intuit may provide you with: a free credit score, report summary and monitoring alerts (collectively, the “Credit Score Services”). The Credit Score Services may provide you with information about your credit profile including your credit report summary, credit score, monitoring or alert services and interactive tools where available. Credit Score Services will be provided via our website, including via mobile applications, where available. Credit Score Services will be provided through our third party processing agent, TransUnion, or other designated processing agent (“Processing Agent”) for users in the United States only.
- Free Credit Score Services. The Free Credit Score Services is a free version of the Services available to individuals. The Free Credit Score Services may include the following:
- Single-bureau credit score with periodic updates and tracking as described on the website. The credit score provided to you is a VantageScore based on TransUnion® data. The credit score may be accompanied by potential key factors affecting your credit score, credit score comparison to national norms and simulators/credit score calculator to understand how specific actions might affect your credit scores.
- Suggestions, tips and educational materials and information about other products and services that might be of interest to you.
- Additional Credit Products. Additional credit products may be made available to you and may include products from third parties such as TransUnion. Please review the specific features, terms and conditions and associated fees before you purchase.
- Intuit does not guarantee that you will receive your free credit report information. You must satisfy our eligibility requirements. You may obtain your own report without using our Services. You have the right to a free credit report from AnnualCreditReport.com or (877) 322-8228, the ONLY authorized source under Federal law.
- Authorization for Credit Score Services. You must be at least 18 years of age to use these Credit Score Services, and you must be the subject of the credit report that you are seeking. You hereby authorize Intuit to do all of the following in connection with providing you the Credit Score Services: (i) verify your identity and share with our Processing Agent certain non-public personal information about You, including Your Social Security Number; (ii) request and obtain your consumer credit report, including your score and historical data, from our Processing Agent throughout the term in which we provide you the Credit Score Services; such request constitutes "written instructions" in accordance with the Fair Credit Reporting Act (“FCRA”); and (iii) use and retain your credit information, along with the other information you have given us access to under the Agreement, to provide the Services and use it with other Intuit services that include substantially similar functionalities as these Credit Score Services. You agree that Intuit may use and analyze your information to: (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; (c) provide you services; and (d) serve you targeted ads, educational material, and other communications based on your information. Intuit may send you information via email, text or online display or other means of delivery in Intuit's reasonable sole discretion. We may also aggregate and evaluate your information to do statistical analysis to provide historical or comparative information and to improve Intuit products and services. We will obtain your prior consent if we use your identifying information for any other purpose not expressly permitted under this Agreement or Intuit's Privacy Statement. Please refer to Intuit’s Privacy Statement for more information.
- Restrictions. You agree to provide true, accurate and current information. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. You agree not to do any of the following: (i) violate any applicable local, state, national or international law, or any regulations having the force of law; (ii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (iii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Credit Score Services.
- Term, Cancellation and Refund Policy. Intuit may terminate the Credit Score Services for any reason at any time. If you purchase other credit products via our website, please review any additional terms where applicable.
- Customer Support. Customer support will vary depending on the Services. Please refer to the Services website for information. For questions regarding your credit score or credit report, please contact the Processing Agent directly at 1-844-846-6245. YOU UNDERSTAND AND AGREE THAT THE SERVICES DO NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES. YOU MUST CONTACT THE CONSUMER REPORTING AGENCIES DIRECTLY IF YOU SUSPECT ANY FRAUD ACTIVITY.
- Intuit Is Not a Credit Repair Company, Credit Reporting Agency, Broker Or Advisor
- You acknowledge that Intuit is not a credit repair company or similarly regulated organization under applicable laws, and does not provide credit repair services. Where available, information provided via the Services is for your educational and reference purpose only and is provided at no additional charge unless otherwise specified here in relation to specific offerings. The Services are intended to provide you with general information and are not intended to provide legal, tax or financial advice. We do not provide any services to repair or improve your credit profile or credit score, nor do we provide any representation that the information we provide will actually repair or improve your profile. Consult the services of a competent licensed professional when you need any type of this assistance.
- You acknowledge that Intuit is not a "consumer reporting agency" as that term is defined in the Fair Credit Reporting Act as amended.
- Product Notices
- The credit score is intended for your own educational use. It is also commercially available to third parties along with numerous other credit scores and models in the marketplace. Please keep in mind third parties are likely to use a different score when evaluating your creditworthiness. Third parties will take into consideration items other than your credit score or information found in your credit file, such as your income.
- Results from credit score calculator or simulator are provided for educational purposes only and are intended to show the impact that certain hypothetical actions could have on your credit score, assuming all other variables remain constant. The results are not a guarantee. Your actual score calculation may vary as information in your credit profile may change.
24. Mint Live Services.
These additional terms and conditions apply to use of the Mint Live Services and will prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined in this section have the meanings provided in the General Terms.
- Mint Live Services. The Mint Live Services are an add-on subscription service offering that enables access to a certified financial planner, certified public accountant or certified enrolled agent (“Mint Financial Expert””) for users in the United States only. The Mint Live Services include educational information on budgeting, debt management, credit report and credit scores, savings and possible tax implications. The Mint Live Services do not include any financial, legal, investment or retirement planning, insurance, employee benefits, brokering, credit repair, or debt management advice/services or tax preparation services, and Mint Financial Experts do not act as your fiduciary. An account to the Services and Internet access is required to use the Mint Live Services.
- Pricing. The Mint Live Services are offered on a payment or subscription basis, payments will be billed in US dollars (plus any applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information. When you purchase a subscription through a mobile app store, mobile app store terms and conditions will also apply.
- Payment; Third-Party Processing; Renewal. You must pay with a valid credit card or debit card. By entering your payment information and submitting your subscription, you authorize Intuit and/or any third-party payment processor to charge the subscription amount to your selected payment method. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer. Intuit is not responsible if your card issuer declined to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. It is also possible that your card issuer may charge you an online handling fee or processing fee. Intuit is not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. Intuit may also change its payment processor without notice to you. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account or use Mint Live Services. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption, we may participate in programs supported by your card provider (e.g., updater service, recurring billing programs, etc.) to try to update payment information, and you authorize us to continue billing your account with updated information that we obtain. Intuit will automatically renew your Mint Live Services subscription at the then-current rates unless you cancel them as described below.
- Support. You understand and agree:
- Service Levels. Service levels and availability will vary based on demand and capacity and are subject to change without notice. Intuit reserves the right to limit the number of sessions and length of each Mint Live session.
- Communication. You may be required to provide various contact information, mobile phone number, email address, etc. based on the means we communicate with you. Standard message rates from your provider apply.
- Appointments. You are required to schedule an appointment for each session. Intuit reserves the right to cancel a session at its sole discretion. You may cancel your live session at any time and may reschedule, however, Intuit may not be able to accommodate multiple rescheduling.
- Third Party Technology. Intuit may use third party technology to establish a screen share connection to provide the Services.
- Live Sessions. Mint Financial Experts will have access during the session to a password-protected dashboard displaying a snapshot of data available in your Mint account, which may include account names, account numbers and account amounts, credit score, and other credit information.
- Mint Financial Expert review is limited to the data presented in the dashboard.
- You understand and agree that if there is incorrect or incomplete data reflected in your Mint account, information provided to you in connection with the Mint Live Services may not be accurate or complete.
- Mint Financial Experts will not endorse or recommend any specific product or service offers.
- You understand and agree that by using the Mint Live Services, you are authorizing Mint Financial Experts to make certain changes to your account and/or account information as appropriate, depending on your discussions and how you use the Mint Live Services.
- Cancellation. You may cancel at any time. When you cancel Mint Live Services, all future subscription charges will be discontinued. Your cancellation will become effective at the end of the billing period. You will not receive a prorated refund; your access and subscription benefits will continue for the remainder of the billing period. Intuit reserves the right to cancel or suspend the Mint Live Services at any time, at its sole discretion.
- Intuit will not be liable for any penalty, interest or other liability that results from inaccurate, or incomplete, or outdated information you supply. Intuit will not be liable in any way if the Mint Live Services cannot be performed completely or accurately because of anything not reasonably within our control, including inaccurate or incomplete information you provide to us.
- At Intuit, we place the highest importance on respecting and protecting the privacy of our users. Our most important asset is our relationship with you. We want you to feel comfortable and confident when using Mint Live Services. You can view the Intuit Privacy Statement here.
- When you use Mint Live Services, you consent to the session being recorded (including screen captures and/or recordings of any sessions conducted by telephone) for quality assurance, training, and security purposes.
25. App Store.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) the Agreement is between you and Intuit only, and not Apple, and (ii) Intuit, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Intuit 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 Intuit.
- You and Intuit acknowledge that, as between Intuit and Apple, Apple 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.
- You and Intuit acknowledge that, 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 Intuit and Apple, Intuit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You and Intuit acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you.