Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Custolio website, applications, and services (collectively, the "Service") as operated by Custolio ("we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN SECTION 21.

1. Description of Service

Custolio is a personal financial portfolio platform that allows you to link external financial accounts, view aggregated balances, track net worth over time, and visualize spending and investment allocations through a customizable dashboard with widgets. The Service is provided for informational purposes only and does not constitute financial, investment, tax, or legal advice. Your personal financial situation is unique, and any information obtained through the Service may not be appropriate for your situation.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using Custolio, you represent and warrant that you meet these requirements. If you are accepting these Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity.

3. Account Registration

You must provide true, accurate, current, and complete information when creating your account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. In order for the Service to function effectively, you must keep your account information up to date. If you become aware of any unauthorized use of your account, you agree to notify us immediately at support@custolio.com.

By providing your email address, you agree to receive all required notices electronically, to that email address or through the Service. It is your responsibility to keep your email address current.

4. Linked Financial Accounts & Data Sync

Custolio uses third-party services (such as Plaid Inc.) to connect to your financial institutions. By linking an account, you authorize Custolio and its service providers to access, retrieve, and display your financial data in read-only mode. You grant Custolio a limited authorization to act as your agent solely for the purpose of retrieving your account information from third-party financial institutions through our data providers.

Custolio does not store your banking login credentials and cannot initiate transactions on your behalf. Your credentials are handled directly by our data providers, and their use of your data is governed by their own terms and privacy policies.

Custolio does not review your account information for accuracy, legality, or non-infringement. We are not responsible for the products and services offered by third-party financial institutions. Information displayed through the Service is only as current as the time shown, which reflects when the data was last retrieved from your institution. Such information may be more up to date when obtained directly from your financial institution. You can refresh your account data at any time through the Service.

Data synchronization depends on third-party financial institutions, third-party data providers, network connectivity, software changes, credential status, and other factors outside Custolio's control. Synchronization may be delayed, interrupted, incomplete, duplicated, miscategorized, or unavailable, and linked accounts may require reauthentication from time to time.

Custolio cannot always foresee or anticipate technical difficulties that may result in failure to obtain data, stale data, or loss of data. You agree that the official books and records of your financial institutions control over information displayed in the Service. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery, failure to sync, or failure to store any user data, communications, or personalization settings, or for losses resulting from your reliance on synced data that is unavailable, delayed, or inaccurate.

5. Privacy & Data

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you acknowledge that you have read the Privacy Policy and consent to the practices described therein.

6. Your Use of the Service

Your right to access and use the Service is personal to you and is not transferable. You are only entitled to access and use the Service for lawful purposes and in accordance with these Terms.

You agree that you will:

• Use the Service only for lawful, personal, and internal purposes.
• Link only financial accounts that you own or are otherwise authorized to access and connect.
• Maintain accurate account information, secure your login credentials, and keep your email address current so you can receive important notices.
• Review your official financial institution records before making financial, tax, investment, or legal decisions.
• Promptly disconnect linked accounts or stop using the Service if you no longer authorize access.

Your access to the Service may be interrupted from time to time for maintenance, updates, or other reasons, including equipment malfunction or actions that Custolio, in its sole discretion, may elect to take. We will make commercially reasonable efforts to minimize downtime, but in no event will Custolio be liable to any party for any loss, cost, or damage resulting from scheduled or unscheduled service interruptions.

Your sole and exclusive remedy for any failure or non-performance of the Service shall be for Custolio to use commercially reasonable efforts to adjust or repair the applicable Service.

7. No Financial Advice

NEITHER CUSTOLIO NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. CUSTOLIO IS NOT YOUR FINANCIAL ADVISOR OR FIDUCIARY, AND CUSTOLIO IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR.

The information presented through Custolio—including portfolio values, allocation breakdowns, net worth calculations, and transaction histories—is provided solely for informational and educational purposes. It should not be relied upon as a basis for making financial decisions. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from a qualified financial advisor who is fully aware of your individual circumstances.

Nothing in the Service constitutes a recommendation, endorsement, solicitation, or offer to buy, sell, hold, or otherwise transact in any security, asset, or financial product. Any actions you take based on information displayed through the Service are taken at your own risk.

8. Accuracy of Information

While we strive to display accurate and up-to-date financial data, Custolio relies on information provided by third-party institutions and data providers. We do not guarantee the accuracy, completeness, or timeliness of any data shown. When displayed through the Service, account information is only as fresh as the time shown, which reflects when the information was last obtained from your financial institutions. Such information may be more current when obtained directly from those institutions.

If a sync fails or if data appears stale, incomplete, duplicated, miscategorized, or delayed, you are responsible for confirming the correct information directly with the relevant financial institution before acting.

Discrepancies between Custolio and your financial institution's records should be resolved by contacting your institution directly.

9. Alerts & Notifications

Custolio may provide automatic or optional alerts and notifications related to your account, linked accounts, or activity within the Service. You understand and agree that any alerts provided through the Service may be delayed or prevented by a variety of factors. Custolio may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of any alert.

Custolio shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; errors in the content of an alert; or any actions taken or not taken by you or any third party in reliance on an alert. Because alerts are not encrypted, they may include information about your accounts. Anyone with access to your email or device may be able to view alert content.

10. Widgets

Custolio offers dashboard widgets that display information regarding your financial status, including but not limited to net worth, portfolio allocation, and recent transactions. Widgets are provided as informational tools only and should not be relied upon to make financial decisions.

You understand and agree that any information provided via widgets may be delayed or affected by a variety of factors and may as a result be inaccurate. Custolio may make commercially reasonable efforts to ensure widgets contain accurate information, but cannot guarantee the timeliness or accuracy of widget content. Custolio shall not be liable for errors in widget content or for any actions taken or not taken by you or any third party in reliance on widget information.

Depending on your configuration, widget information such as account balances may be visible on your device without unlocking the application. Anyone with access to your device may be able to view widget content. You may disable or remove widgets at any time.

11. Rights You Grant to Us

By submitting information, data, or other content to Custolio through the Service, you grant Custolio a limited license to use, store, and process that content for the purpose of providing and improving the Service, in accordance with these Terms and our Privacy Policy. You represent that you are entitled and authorized to provide such content without any obligation by Custolio to pay any fees or be subject to any restrictions.

By using the Service, you expressly authorize Custolio to access your account information maintained by third-party financial institutions on your behalf as your agent, solely for the purpose of retrieving and displaying your financial data within the Service.

12. Mobile Device Use

Use of the Service may be available through a compatible mobile device and requires Internet or network access. 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.

Custolio makes no warranties or representations regarding the availability of telecommunications services from your provider, access to the Service at any time or from any location, any loss, damage, or security intrusion of your telecommunications services, or any disclosure of information to third parties or failure to transmit any data connected with the Service.

13. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Custolio. We do not endorse, warrant, or guarantee the products or services available through any third-party links. If you elect to use or access third-party services, you are subject to their terms and conditions and privacy policies. Custolio is not responsible for the content, privacy practices, or availability of any third-party websites or services.

14. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose.
• Attempt to gain unauthorized access to any part of the Service or its systems.
• Use any robot, spider, scraper, or other automated data gathering tool to access, acquire, copy, or monitor the Service without our express written consent.
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of any software comprising the Service.
• Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features.
• Interfere with or disrupt the integrity or performance of the Service.
• Misrepresent your identity or your Registration or Account Information.

15. Intellectual Property

The contents of the Service, including its "look and feel" (text, graphics, images, logos, and button icons), photographs, editorial content, notices, and software are protected under United States and other applicable copyright, trademark, and other laws. All such content belongs to or is licensed to Custolio.

Custolio grants you a limited, personal, non-transferable, and non-exclusive right to use the Service subject to these Terms. You may download or print a copy of information from the Service for your personal, internal, and non-commercial use only. Any distribution, reproduction, or other use of any content from the Service, in whole or in part, for any other purpose is expressly prohibited without our prior written consent.

16. Disclaimer of Warranties

THE SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND PRODUCTS ASSOCIATED WITH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOLIO AND ITS THIRD-PARTY PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE.

CUSTOLIO EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOLIO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY ACCOUNT DATA, ALERT, CALCULATION, OR DATA SYNC WILL BE AVAILABLE, COMPLETE, CURRENT, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOLIO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, DATA, OR GOODWILL, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CUSTOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, CUSTOLIO WILL NOT BE LIABLE FOR ANY LOSSES, FEES, TAXES, PENALTIES, MISSED OPPORTUNITIES, OR OTHER DAMAGES ARISING FROM OR RELATING TO DATA SYNC FAILURES, REAUTHENTICATION FAILURES, DELAYED OR INACCURATE THIRD-PARTY DATA, MISSED ALERTS, WIDGET ERRORS, SERVICE INTERRUPTIONS, OR DECISIONS YOU MAKE IN RELIANCE ON THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CUSTOLIO'S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF ACTION SHALL BE LIMITED TO THE AMOUNT YOU PAID TO CUSTOLIO, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

18. Indemnification

You agree to defend, indemnify, and hold harmless Custolio and its officers, directors, employees, and agents from and against all claims, suits, proceedings, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your use of the Service; (c) information you provide to the Service; or (d) your violation of any law or the rights of a third party.

19. Termination

You may terminate your relationship with Custolio at any time by deleting your account through the Service. Custolio may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if we believe you have breached these Terms or that your conduct may expose Custolio, our users, or others to legal liability.

Upon termination, your right to use the Service ceases immediately. Custolio may delete your data in accordance with our data retention policies. We shall not be liable to you or any third party for any suspension or termination of your access to the Service.

20. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email, through the Service, or by revising the "Effective date" at the top of these Terms. Your continued use of the Service after any changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

21. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions.

ANY DISPUTE OR CLAIM RELATING TO THE SERVICE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that either party may pursue claims in small claims court if the claims qualify.

Before initiating arbitration, you must send a written notice describing your claim to legal@custolio.com. You must allow sixty (60) days from receipt of notice for both parties to attempt to resolve the dispute before proceeding to arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

CLASS ACTION WAIVER: YOU AND CUSTOLIO EACH AGREE THAT ANY 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 AGREEING TO THESE TERMS, YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, TO LITIGATE ON A CLASS-WIDE BASIS, AND THE RIGHT TO A TRIAL BY JURY.

If any part of this arbitration provision is found to be unenforceable, the remainder shall continue to apply. If the class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void, and disputes shall be resolved in the state or federal courts located in Delaware.

22. Contact

If you have any questions about these Terms, please contact us at:

• Email: legal@custolio.com
• Privacy: Privacy Policy