1. Introduction
Welcome to Commander Finance, LLC (“Commander,” “we,” “us,” or “our”). We provide a personal finance and budgeting application (the “App”) that enables you to:- Categorize and track financial transactions
- Create and monitor personal budgets and financial goals
- Analyze spending patterns and financial trends
- Connect and aggregate financial account information from multiple institutions
2. Definitions
- “App”: The Commander Finance application and related services, including (but not limited to) public websites, web and mobile applications, and documentation websites.
- “Aggregated Data”: Data that has been combined across multiple users and summarized so that no individual user’s information is distinguishable.
- “Beta”: The pre-release version of the App, which may have limited or broken features and is provided to the User for testing purposes.
- “Commander,” “we,” “us,” or “our”: Commander Finance, LLC, the provider of the App.
- “De-Identified Data”: Data that has been processed so that it cannot reasonably be used to identify, relate to, describe, or be linked to any individual user.
- “Service”: Features and functionalities provided by the App.
- “Terms of Service” or “ToS”: These Terms of Service, including any updates or modifications.
- “User” or “you”: Any individual or entity accessing or using the App.
3. User Account
To use the App, you must create an account with accurate and complete information. You are responsible for:- Keeping your account credentials confidential.
- Ensuring all data you provide (for example, financial transactions or budgets) is accurate.
- Notifying us immediately at [email protected] of any unauthorized account use.
4. Use of the Service
You may use the App only for lawful personal financial management. You agree not to:- Violate any applicable laws or regulations.
- Attempt unauthorized access to the App or its systems.
- Transmit malicious code or disrupt the App.
- Use the App to misrepresent your identity or finances.
- Use the App in violation of any export control laws or economic sanctions programs of the United States or any other applicable jurisdiction.
5. Intellectual Property
The App and its content (for example, text, logos, software) are owned by Commander or its licensors and protected by intellectual property laws. You may not copy, modify, or distribute this content without our written consent. You grant us a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use content you provide, such as transaction names and memos, solely to operate and provide the App to you. This license continues for the duration of your use of the App and for a reasonable period thereafter solely for backup, archival, and legal compliance purposes. You retain ownership of all content you provide. You further acknowledge and agree that Commander may create De-Identified Data and Aggregated Data (as defined in Section 2) derived from content you and other users provide, and that Commander may use such De-Identified and Aggregated Data for the purposes described in our Privacy Policy, including product improvement, research, publications, and marketing. De-Identified and Aggregated Data does not identify you and is not subject to the license limitations above. For details on our de-identification standards and the specific uses and limitations of this data, see the “How We Use De-Identified and Aggregated Data” section of our Privacy Policy.6. Third-Party Services
The App integrates with third-party services listed in our List of Subprocessors, such as Plaid for banking data and Stripe for payments. We are not responsible for these services’ performance, security, or availability. Your use of them is governed by their respective terms and policies. We reserve the right to add, change, or discontinue any third-party service integration at our discretion. We will notify you of significant changes that may affect your use of the App.7. Fees and Payment
7.1. Subscription Plans
Access to certain features of the App requires a paid subscription. Details of available plans, including pricing and features, are presented at signup, on our website, and within the App.7.2. Billing and Auto-Renewal
Subscriptions are billed on a recurring basis (monthly or annually, depending on the plan you select) through our payment processor, Stripe. Your subscription will automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date. By subscribing, you authorize Commander to charge your designated payment method for each recurring billing period. We will provide you with clear notice of the auto-renewal terms, including the renewal price and billing frequency, at the time of your initial subscription and before any price changes take effect.7.3. Cancellation
You may cancel your subscription at any time through the App’s account settings. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of the period you have already paid for. No partial or prorated refunds will be issued for unused portions of a billing period.7.4. Refunds
All fees are non-refundable except where required by applicable law. If you believe you are entitled to a refund under applicable law, please contact us at [email protected].7.5. Price Changes
We may adjust subscription fees from time to time. We will provide you with at least 30 days’ advance written notice of any price increase before it takes effect. If you do not agree to the new pricing, you may cancel your subscription before the new rate applies. Continued use of the App after the price change takes effect constitutes acceptance of the new pricing.7.6. Free Trials
For a free trial that does not require payment information, you may use the App for the trial duration without charge. At the end of the trial, your access to paid features will be suspended until you choose to subscribe. For a free trial that requires payment information, we will clearly disclose the trial duration and any charges that will apply once the trial period ends. If you do not cancel before the trial expires, your subscription will automatically convert to a paid subscription at the stated rate.8. Termination
8.1. Termination by You
You may terminate your account at any time via the App’s account settings or by contacting us at [email protected]. Upon termination, your right to use the App ends at the conclusion of any paid billing period.8.2. Termination by Commander
We may suspend or terminate your access to the App under the following circumstances:- For Cause. If you materially violate these Terms, engage in fraudulent or harmful conduct, or use the App in a manner that threatens the security or integrity of the App or its users, we may suspend or terminate your access immediately upon notice.
- For Minor Violations. For non-material or curable violations, we will provide you with 30 days’ written notice and an opportunity to correct the issue before termination.
- Beta Discontinuation. During the Beta period (see Section 9.1), we may discontinue, substantially modify, or suspend the App with 15 days’ advance notice when reasonably practicable. In the event of discontinuation during Beta, we will provide a prorated refund of any prepaid fees for the unused portion of your subscription.
8.3. Effect of Termination
Upon termination, your right to use the App ceases. Your data will be retained and deleted in accordance with our Privacy Policy. Sections 5 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law and Dispute Resolution), and 19 (Miscellaneous) survive termination.9. Limitation of Liability
9.1. Beta Version Disclaimer
The App is currently in Beta, which means it may have limited or broken features. By using the Beta version, you acknowledge that it is a pre-release version and may not function as intended. We do not guarantee the availability, reliability, or performance of the Beta version. You understand that the Beta version is provided for testing purposes and may be subject to change or discontinuation in accordance with Section 8.2 of these Terms. The App will be considered to be in Beta until we announce its official release, the timing of which release is at our sole discretion. During the Beta phase, we may seek and collect feedback to improve the App, but we do not guarantee that all feedback will be implemented.9.2. Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMANDER IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM:- Your use or inability to use the App.
- Unauthorized access to your data.
- Third-party service failures.
- Financial decisions based on App data.
9.3. Cap on Direct Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMANDER’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO COMMANDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).9.4. “As Is” Disclaimer
The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.9.5. Exceptions
The limitations in Sections 9.2 and 9.3 do not apply to: (a) Commander’s gross negligence or willful misconduct; (b) death or personal injury caused by Commander’s negligence; or (c) any liability that cannot be limited or excluded under applicable law.10. Indemnification
You agree to indemnify, defend, and hold harmless Commander, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the App; (b) your violation of these Terms; or (c) your infringement of any third-party rights. This indemnification obligation does not apply to claims arising from Commander’s gross negligence or willful misconduct, or to the extent that a claim arises solely from Commander’s own actions unrelated to your use of the App.11. Governing Law and Dispute Resolution
11.1. Governing Law
These Terms are governed by the laws of the State of Indiana and the United States of America, without regard to conflict of law principles.11.2. Informal Resolution
Before initiating any formal dispute resolution proceeding, you and Commander agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the App informally. The party raising the dispute must send written notice to the other party describing the nature of the dispute and the requested relief. The parties will then attempt to negotiate a resolution in good faith for a period of thirty (30) days from the date the notice is received. If the dispute is not resolved within this 30-day period, either party may proceed to arbitration as described below. Notices to Commander should be sent to [email protected]. Notices to you will be sent to the email address associated with your account.11.3. Binding Arbitration
Any dispute that cannot be resolved through the informal process described in Section 11.2 will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Arbitration will be conducted in Indiana or, at your election, by telephone, video conference, or written submissions. The arbitrator shall have the exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.11.4. Arbitration Fees
Commander will pay all AAA filing fees, administration fees, and arbitrator fees for claims where the amount in dispute is 10,000, the AAA’s fee schedule will apply, subject to your right to seek a fee waiver from the AAA. Regardless of the outcome, each party will bear its own attorneys’ fees unless the arbitrator determines that applicable law requires otherwise.11.5. Class Action and Jury Trial Waiver
YOU AND COMMANDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. YOU AND COMMANDER EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP.11.6. Small Claims Court Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court in the State of Indiana for disputes within that court’s jurisdictional limits.11.7. Arbitration Opt-Out
You may opt out of the arbitration and class action waiver provisions of this Section 11 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, all disputes will be resolved in the state or federal courts located in Indiana, and both parties consent to the personal jurisdiction of those courts.11.8. Survival
This Section 11 survives termination of your account and these Terms.12. Modifications to the Terms
12.1. Modifications After General Release
After General Release, we will notify you of material changes to these Terms via email, in-App message, or other written means at least 15 days before the changes take effect. Continued use of the App after changes take effect constitutes acceptance. If you do not agree with the modified Terms, you may terminate your account in accordance with Section 8.1.12.2. Modifications During Beta
As the App is still under active development during the Beta period (see Section 9.1), we reserve the right until General Release to update these Terms at any time of our choosing. If you wish to receive notices for changes to these Terms during this time, you must notify Commander in writing at [email protected] in order to register to receive notices. Your continued use of the App after any such changes constitutes acceptance of the modified Terms. If you do not agree with the modified Terms, you may terminate your account in accordance with Section 8.1.13. International Users
We are headquartered in the United States and process data in jurisdictions that may not provide equivalent data protection to your home country. By using the App, you consent to the transfer of your data to the United States and other jurisdictions where our service providers operate.13.1. Users in the European Economic Area (EEA)
For prospective users in the EEA, please note that at the present time Commander Finance does not offer the App to users in the EEA. If you are located in the EEA, you may not create an account or use the App. We are actively working to ensure compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR), and will notify you when we are ready to offer services in the EEA.13.2. Export Controls and Sanctions
You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations in your use of the App.14. Data Security
We use industry-standard measures, including encryption, to protect your data. However, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security, but we strive to protect your data to the best of our ability.15. Reliance on Information
15.1 No Financial Advice
The App provides tools for managing personal finances but does not offer financial advice, investment recommendations, tax advice, legal guidance, or professional endorsements of any kind. We are not a registered investment advisor, broker-dealer, or financial planner. Any financial decisions you make based on the App’s data are your own responsibility. You should consult with qualified professionals before making significant financial decisions.15.2 Accuracy of Information
The information presented in the App is based on data provided by you and third-party integrations (including but not limited to banking institutions and data aggregators like Plaid). While we strive for accuracy, we do not guarantee that all information is complete, current, or error-free. Third-party data may be subject to delays, interruptions, or inaccuracies beyond our control. You should independently verify any financial information before making decisions.15.3 Information Provided “As-Is”
All information, data, and content provided through the App is offered on an “as-is” and “as-available” basis without warranties of any kind, either express or implied.15.4 Not a Regulated Financial Service
Commander Finance is not a bank, credit union, investment advisor, or other regulated financial institution. The App is a software tool only and does not provide regulated financial services.16. Regulatory Compliance
We comply with applicable consumer protection and data privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, as well as applicable privacy laws in Colorado, Connecticut, Virginia, Texas, and other states with comprehensive privacy legislation. For more information, see our Privacy Policy.17. Age Requirements and Verification
17.1. Minimum Age Requirements
No one under 13 years of age may create an account or use the App. If you are between 13 and 18 years of age or otherwise under the legal age to form a binding contract in your jurisdiction, you may only use the App with the consent of a parent or legal guardian who agrees to these Terms on your behalf. You must be able to provide us with evidence of this consent upon our request. By using the App, you represent that you meet these age requirements and have the necessary consent.17.2. Prohibited Use by Minors
If you are under 13 years of age, you may not create an account, provide any personal information to us, or use the App in any manner. We do not knowingly collect personal information from individuals under 13 years of age.17.3. Parental or Guardian Consent
If we discover that we have collected personal information from someone under 18 years of age without proper parental consent, we will take steps to delete such information as quickly as possible. If you are a parent or guardian and believe your child under 18 has provided us with personal information without your consent, please contact us immediately at [email protected].17.4. Age Verification Process
We reserve the right to request proof of age or other verification information at any time. If you cannot provide adequate verification when requested, we may suspend or terminate your account.17.5. Compliance with Child Protection Laws
We comply with applicable child protection laws, including the Children’s Online Privacy Protection Act (COPPA) in the United States and similar laws in other jurisdictions where we operate.18. Accessibility Commitment
18.1. Accessibility Standards
Commander is committed to ensuring that our App is accessible to all users, including those with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and applicable accessibility laws and regulations.18.2. Ongoing Accessibility Efforts
We continuously work to improve the accessibility of our App through:- Regular accessibility testing
- Implementation of assistive technology compatibility
- User interface design that supports keyboard navigation
- Proper color contrast and text sizing options
- Alternative text for images and visual content
- Clear and consistent navigation structures
18.3. Accessibility Features
Our App includes various accessibility features designed to improve usability for individuals with disabilities, including but not limited to:- Screen reader compatibility
- Keyboard navigation support
- Adjustable text size settings
- Alternative input methods where applicable
18.4. Feedback and Support
If you encounter accessibility barriers while using our App or need assistance accessing any content or functionality, please contact us at:Commander Finance, LLC 1606 Headway Circle Suite 9239 Austin, TX 78754 [email protected]When reporting accessibility issues, please provide:
- A description of the specific accessibility barrier
- The device and assistive technology you are using
- Your contact information for follow-up
18.5. Response Commitment
We will acknowledge receipt of accessibility feedback within 3 business days and will work diligently to address reported issues. While we cannot guarantee immediate resolution of all accessibility concerns, we are committed to making reasonable efforts to improve accessibility in a timely manner.18.6. Third-Party Content and Services
While we strive to ensure our App meets accessibility standards, we cannot guarantee the accessibility of third-party content, services, or websites that may be linked to or integrated with our App. We encourage third-party providers to maintain accessible services and will work with them when possible to address accessibility concerns.18.7. Accommodation Requests
If you require specific accommodations to use our App that are not currently available, please contact us using the information provided above. We will evaluate accommodation requests on a case-by-case basis and make reasonable efforts to provide alternative access methods where feasible.19. Miscellaneous
19.1. Entire Agreement
These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and Commander regarding the use of the App. This supersedes all prior agreements, understandings, or representations, whether written or oral.19.2. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.19.3. Waiver
The failure of Commander to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Commander.19.4. Assignment
You may not assign, transfer, or delegate any rights or obligations under these Terms without our prior written consent. Commander reserves the right to assign, transfer, or delegate these Terms or any rights or obligations hereunder without restriction.19.5. Force Majeure
Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, health emergencies such as pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.20. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms of Service or the App, please contact us at:Commander Finance, LLC 1606 Headway Circle Suite 9239 Austin, TX 78754 [email protected]We will make every effort to respond to your inquiries as promptly as possible.