Last updated: July 17, 2023
THESE TERMS OF USE (THESE “TERMS OF USE”) CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED "BINDING ARBITRATION AND APPLICABLE LAW" BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST HABITUAL MONEY, INC. (”PEACH”) ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST PEACH IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
THESE TERMS OF USE DEFINE THE RELATIONSHIP BETWEEN HABITUAL MONEY, INC. (THE “COMPANY” OR “WE” OR “US”) AND YOU, THE PERSON ACCESSING THE PEACH WEBSITE LOCATED AT JOINPEACH.CO (THE “SITE”) AND/OR DOWNLOADING OUR MOBILE APPLICATION (THE “APPLICATION”) AND/OR REGISTERING FOR OUR SERVICES (“YOU” OR “YOUR”). YOU MAY USE THE SERVICES (DEFINED BELOW) ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT USE THE SITE, THE APPLICATION OR SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS.
We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We may terminate these Terms of Use at any time by suspending or terminating access to the Site, Application and/or Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. Your continued use of the Site, Application or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site and Application by our duly authorized representative.
By using the Site and/or Application, you can use our interactive platform to obtain various financial services (collectively, the “Services”). Our Services allow you to make certain payments based on your purchases to reduce debt, view your financial information in a singular place, obtain rewards based upon your purchases, and other products and services that may be made available to you through our website, mobile applications, and cloud-based solutions. We are always working on new ways to improve our Services. We reserve the right to modify or change our Site, the Application or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, the Application or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site, the Application or any Services. In order to offer our Services to you, we rely on, and incorporate into the Services, third-parties’ products and services (“Third-Party Services”) provided by third-parties (“Third-Party Providers”). For purposes of these Terms, such Third-Party Services are subject to their own terms and conditions which may be presented to you in these Terms, our Privacy Policy, within the Services, or by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you must not use the Services.
You may direct the us to retrieve your information maintained online by third-party financial institutions such as your bank or financial institution (collectively, “Other Account(s)” ). We work with one or more Third-Party Providers under contract to access Other Account information through the login and password information you provide for the Other Accounts.
The Company does not store any user account credentials for Other Accounts. Instead, the Third-Party Providers store those login credentials in a separate database.
In order to make full use of the Service, you will need to link your Peach account with Other Accounts you maintain at third party financial institutions that have records of your financial transaction history (“Financial Account History”).
In order to provide you with the Service, we store your Financial Account History in our databases. Please be aware that any stored Financial Account History may be subject to corruption of data, loss of personalized settings or other interruptions in availability. In addition, any Financial Account History is only as accurate as the information provided to us by our Third-Party Providers, which may not necessarily reflect your Financial Account History as provided to you by your financial institution. Because of this, it is your responsibility to ensure that your Financial Account History, including due dates and amounts due, is accurate. You agree that if your Financial Account History is incorrect or becomes outdated, you will correct it so we can correct the issue.
The Company may use Financial Account History to provide the Service and features to you, including without limitation, determining your eligibility for Third-Party Services, paying balances on liabilities, calculating and recommending payment plans, and responding to your questions. The Company is not responsible for the accuracy of the information provided by Third-Party Providers or maintained by or on third-party sites, or for products or services offered by or on such sites.
By providing us, and our Third-Party Providers with information, data, passwords, usernames, PIN codes or other login information, or other materials or content through the Service, you grant us and our Third-Party Providers the right to use and store such information (including Financial Account History, collectively “Financial Information”) for the purpose of providing the Service to you. By providing access to Financial Information, you agree that the owner of such Financial Information has expressly agreed that, without any particular time limit, and without the payment of any fees, the Company and its Third-Party Providers may use the Financial Information in connection with the Service.
In addition, the Company and its Third-Party Providers may use, modify, display, distribute and create new material using Financial Information to provide the Service to you. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided by or about you, may be used by us or our third party vendors to conduct certain analytical research, performance tracking and benchmarking. We or our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including, helping to improve products and services and assisting in troubleshooting and technical support.