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Terms of use

Last updated May 2023

The following terms of use (“Terms”) set forth a legally binding agreement between you and Squash Cards, LLC. and its successors, affiliates, and assignees (collectively, “Squash,” “we,” or “us”) and govern your use of and access to squash.cards, any software that we provide for installation and use on a mobile device (each, a “Mobile Application”), and other applications or services to which these Terms are posted (each individually a “Site” and collectively, the “Sites”) and the information, features, content, text, images, data, software, products and services that we make available on or through the Sites (collectively, with the Sites, the “Service”) whether as a guest or a registered user.

By using the Service or by clicking accept or agree to these Terms when this option is presented to you, you represent that you are 18 years of age or older and agree to be legally bound by the Terms without limitation or qualification. As described in more detail below, these Terms may be revised and updated by us from time to time without notice to you. Your continued use of the Service is your acceptance of the revised and updated Terms.

If you do not agree to be bound by these Terms, you should not access or use the Service.

In some instances, both these Terms and separate terms and conditions will apply, including without limitation, terms and conditions for our referral or rewards programs (collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

1. Your Right to Use the Sites and Service

In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Service. Your use of the Service must be for your own non-commercial personal use and in compliance with these Terms and all applicable law. We are not responsible if you use the Service in any manner that violates applicable law.

You agree not to authorize any other person or entity to use your username(s), access code(s), or password(s) to access the Service. You are responsible for the security of these credentials. You are responsible for your own communications, including the transmission, uploading or posting of information to the Sites or Mobile Application and are responsible for the consequences of such communications.

You agree not to use the Sites or the Service for any of the following expressly prohibited purposes:

  • Copying, modifying, disassembling, decompiling, reverse engineering, reproducing, publishing, transmitting, participating in the transfer of, selling, creating derivative works from, or in any way exploiting any Mobile Application or any content found on the Sites, in whole or in part, without the express written permission of Squash;
  • Posting, communicating or transmitting any material that misappropriates, infringes or violates any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Posting or transmitting to any Site or Mobile Application any unlawful, libelous, obscene, threatening, defamatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Deleting any copyright or other proprietary rights notices from the Site or Mobile Application; or
  • Attempting to disable, remove, or interfere in any way with the Service’s or Squash’s network security or attempting to use the Service to gain unauthorized access to any other computer system.

You also represent and warrant, with regards to your use of the Sites and Service, that you are not located in a country under, sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website.

2. Description Of The Services

The Services are personal finance services that allow you manage your credit card payments. The Services are provided to you by Squash for a fee of $5 per month, and are meant to provide you with functionality to manage your credit card payments.

3. Changes or Termination

We may add to or terminate all, or any part(s), of the Service or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Sites or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Sites or Service. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Sites or Service. Except as otherwise expressly stated by us, your access and use of the Sites or Service are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

4. Privacy

In order to access and use the Service, you will be required to register for an account with Squash and provide specific information. All information you provide to register for an account or otherwise through the Sites or Mobile Application must be truthful, and you may not use any aliases or other means to mask your true identity. Information we collect is subject to our Privacy Policy.

5. Proprietary Rights

The Sites, Mobile Application, and the content on them, including but not limited to all images, icons, text, videos, drawings/designs, music, software, logos, and expressions and ideas, are protected by U.S. and international copyright, trade secret, trademark and other intellectual property laws and corresponding treaty provisions.

Nothing in these Terms shall be deemed a sale of a Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).

The registered and unregistered service marks, logos, trade names, and trademarks (“Service Marks”) used on the Sites and Mobile Application are owned by us except for certain trademarks, service marks, and names (“TP Marks”) that are the property of third parties. Other than as specified in these Terms, you are not granted any license or right to use, in any way, any Service Mark or TP Mark, including but not limited to use in hyperlinks, advertising, or publicity, without our express written consent.

6. Third Party Content and Links

The Service may contain links or connections to third-party websites or services that are not owned or operated by us. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. If you choose to access any such third-party websites or services, you do so at your own risk.

You may not link to our Sites without our express written permission. If you wish to link to our Sites, please contact us using the contact and notification information in these Terms.

7. Using Mobile Applications

You may be able to access or use the Service, or some portions of it, on your mobile device by means of the internet or a Mobile Application we distribute for such purpose.  We do not warrant that any portion of the Service or Mobile Application will be compatible with your mobile device.  We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application for one registered account on mobile devices owned or leased by you, solely for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application, or (iv) use the Mobile Application for any purpose prohibited by these Terms.

We may issue upgraded versions of the Mobile Application and may automatically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device and agree these Terms will apply to all such upgrades.

Standard carrier data charges may apply to your use of the Service on a mobile device.

The following additional terms and conditions apply if you use a Mobile Application on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and Squash only, and not with Apple, Inc. (“Apple”).
  • Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Squash, and not Apple, is solely responsible for the iOS App and the content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
  • You agree that Squash, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and you further agree all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Squash, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as it relates to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply if you use a Mobile Application on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Squash only, and not with Google, Inc. (“Google”).
  • Your use of the Android App must comply with Google’s then-current Play Store terms of service.
  • Google is only a provider of the marketplace where you obtained the Android App. Squash, and not Google, is solely responsible for the Android App and the content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.

8. Your Submissions

By submitting or posting any materials or content on the Sites or otherwise via the Service, you grant Squash a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferrable and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion.

Squash will be entitled to use any content or Feedback submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

When contributing content, you agree you will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.  You further agree that your submissions will not include anything to which you do not have the full right to grant Squash the license specified above or anything libelous or otherwise unlawful, abusive or obscene.

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines:

  • Content to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Obscenities, discriminatory language, or other language not suitable for a public forum;
  • Advertisements, “spam” content, or references to other products, offers, or websites;
  • Email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Unduly critical or spiteful comments of other content posted on the page or its authors;
  • Files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
  • Your Authorization For ACH Debits And Credits Other false or deceptive content, as determined at our sole discretion.

9. Your Authorization For ACH Debits And Credits

By creating a Squash account, you provide your electronic signature to this Agreement and you authorize Squash to electronically debit and credit your Bank Account(s) via the Automated Clearing House (”ACH”) in connection with your use of the the Services and, if applicable, to correct erroneous debits and credits via ACH.

10. Our Monitoring

We reserve the right, but not the obligation, to monitor the Service electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information concerning your or others’ use of the Service (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with applicable laws, regulations, or legal process; (2) respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (3) enforce these Terms, including to investigate potential violations; (4) protect the safety, integrity, rights, or security of our members, our Service or equipment, or any third party; or (5) detect, prevent, or otherwise address fraud, security, or technical issues.

11. Disclaimer of Warranties; Limitation of Liability

THE SITES AND SERVICE, AND ALL MATERIALS AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  WE AIM TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH THE SERVICE; HOWEVER, THERE MAY BE INADVERTENT, FACTUAL, TYPOGRAPHICAL, OR TECHNICAL ERRORS. ALSO, THERE ARE CERTAIN ASPECTS OF WEB USAGE, EMAIL, YOUR COMPUTER, AND YOUR CONNECTION TO THE INTERNET THAT WE CANNOT CONTROL. THEREFORE, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS, ERRORS, OR LOSS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES, THE SERVICE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES, THE SERVICE, OR THE WEB.

MEMBERS AND POTENTIAL MEMBERS ARE INVITED TO CONTACT US OR OUR AGENTS BY NON-INTERNET MEANS FOR IMPORTANT PERSONAL TRANSACTIONS. UNDER NO CIRCUMSTANCES SHALL SQUASH CARDS, LLC., THEIR RESPECTIVE BANK PARTNERS AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, SUCCESSORS OR AGENTS (COLLECTIVELY, “THE SQUASH PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE SITES OR THE SERVICE, OR FROM THE USE OF, OR INABILITY TO USE, THE SITES OR SERVICE BY YOU OR ANY OTHER PERSON; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION DURING REPLY TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS; EVEN IF THE SQUASH PARTIES OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTION, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Communications with Us

Squash communicates by text messages, email, push notifications, and other alerts. To use the Service, you must provide and verify your mobile device number or other text message address to us, and you must expressly consent to receive text messages relating to the Service at that number or address. This is a condition of the Service. Third-party data and message fees may apply.

To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.

Any inquiries should be directed to support@squash.cards