Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the Surplus mobile application and website (collectively, the "Service") operated by Surplus Budget LLC ("Surplus," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service after any changes constitutes acceptance of those changes.

To use certain features of our Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use of your account

Subscription Plans

Surplus offers the following subscription options:

• Monthly Plan: $12.99 per month
• Annual Plan: $79.99 per year
• Free Trial: 14-day free trial for new users

Payment Processing

All payments are processed through Apple In-App Purchases. By subscribing, you agree to Apple's terms of service and payment policies. Surplus does not directly handle payment information.

Billing Cycle

• Subscriptions automatically renew unless canceled before the renewal date
• You can cancel your subscription at any time through your Apple ID account settings
• Cancellation takes effect at the end of the current billing period
• No partial refunds for unused portions of a subscription period

Refunds

All refund requests are handled through Apple's App Store policies. To request a refund, you must contact Apple directly through your purchase history or Apple Support.

Failed Payments

Failed payment handling follows Apple's policies. Apple will attempt to collect payment according to their retry schedule. Access to premium features may be suspended if payment cannot be collected.

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems or software to extract data from the Service
• Create multiple accounts for fraudulent purposes
• Harass, abuse, or harm other users
• Engage in any activity that could damage our reputation
• Use the Service for any illegal or unauthorized purpose

Violation of these acceptable use policies may result in immediate termination of your account without refund.

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Surplus Budget LLC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

Restrictions

You expressly agree not to:

• Reverse engineer, decompile, or disassemble the Service
• Attempt to discover any source code or algorithms
• Modify, adapt, or create derivative works
• Remove any proprietary notices or labels
• Use our trademarks, logos, or branding without permission

Warning: Reverse engineering or attempting to reverse engineer our Service is strictly prohibited and illegal. We will pursue all available legal remedies, including criminal prosecution where applicable, against any person or entity that violates this prohibition.

Feedback

Any feedback, suggestions, or ideas you provide about the Service becomes our property and may be used without compensation or attribution to you.

Your Financial Data

You retain all rights to your financial data. By using the Service, you grant us a limited license to access, process, and display your financial data solely for the purpose of providing the Service to you.

Data Usage

We may use anonymized and aggregated data derived from user information to:

• Improve our Service and develop new features
• Conduct research and analysis
• Generate industry insights and trends
• Enhance our AI categorization systems

This anonymized data cannot be used to identify you personally.

Data Accuracy

While we strive to ensure the accuracy of financial data displayed in the Service, we rely on third-party providers (Plaid, Fincity, Apple) for this information. We are not responsible for any errors or inaccuracies in the data provided by these services or your financial institutions.

Data Export

You may export your data at any time through the Service. We provide data export in standard formats for your convenience and portability.

No Financial Advice

The Service is for informational purposes only. Nothing in the Service constitutes:

• Professional financial advice
• Investment recommendations
• Tax planning or advice
• Legal advice
• Accounting services

AI-Generated Content

The Service may integrate AI services (including ChatGPT) that provide insights based on your financial data. This AI-generated content:

• Is for informational purposes only
• Should not be relied upon as financial advice
• May contain errors or inaccuracies
• Should be verified independently before making financial decisions

Your Responsibility

You are solely responsible for your financial decisions. Always consult with qualified professionals for financial, investment, tax, or legal advice tailored to your specific situation.

By using the Service, you acknowledge that Surplus Budget LLC is not responsible for any financial decisions you make based on information provided through the Service.

Our Service integrates with various third-party services:

Financial Data Providers

• Plaid: Bank account aggregation
• Fincity: Additional bank connections
• Apple: Apple Card, Savings, and Wallet integration

Other Services

• ChatGPT: AI-powered categorization
• Apple CloudKit: Data storage
• Intercom: Customer support

These third-party services have their own terms of service and privacy policies. By using our Service, you agree to comply with the terms of these third-party services. We are not responsible for:

• The availability or accuracy of third-party services
• Any losses or damages resulting from third-party service failures
• Changes to third-party service terms or functionality

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. This includes:

• Adding or removing features
• Changing the user interface
• Modifying subscription plans or pricing
• Updating third-party integrations
• Implementing new technologies or algorithms

We will make reasonable efforts to notify you of significant changes that may affect your use of the Service. However, we are not liable for any modifications, price changes, suspension, or discontinuance of the Service.

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. The Service is provided on a "best effort" basis, and we are not liable for any downtime, data loss, or service interruptions.

Termination by You

You may terminate your account at any time by:

• Canceling your subscription through Apple's App Store
• Requesting account deletion through the app or by contacting support

Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Creating risk or legal exposure for us
• Attempting to harm, disrupt, or abuse the Service or other users
• Non-payment of subscription fees
• Any other reason at our sole discretion

Effects of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• Your data will be deleted according to our Privacy Policy
• No refunds will be provided for any unused subscription period
• All licenses granted to you will immediately terminate

Provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnity, and limitations of liability.

IN NO EVENT SHALL SURPLUS BUDGET LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Financial losses or damages
• Errors in financial calculations or data
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service
• Service interruptions or termination
• Any other matter relating to the Service

THE TOTAL LIABILITY OF SURPLUS BUDGET LLC SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Indemnification

You agree to defend, indemnify, and hold harmless Surplus Budget LLC and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any financial decisions you make based on the Service

Governing Law

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

Arbitration Agreement

You and Surplus agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court.

The arbitration shall be conducted in Charleston, West Virginia, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@surplus-budget.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Surplus may bring a formal proceeding.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Surplus Budget LLC regarding the use of the Service, superseding any prior agreements.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

Notice

We may provide notices to you via email, in-app notifications, or through the Service. You agree that electronic notices have the same legal effect as written notices.

Contact Information

For questions about these Terms, please contact us at: