Oxygen Terms of Service

Oxygen Terms of Service

Updated December 2, 2019

Please review the following terms and conditions very carefully, and also read our Privacy Notice regarding the information that you provide to us. If you do not agree with the following terms and conditions, do not download or install any Oxygen software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.

These Terms and Conditions of Use (“Terms of Use”) apply to any access to, interaction with or use of the World Wide Web sites, mobile applications, and technology platform (collectively, “Oxygen Applications”) that are owned, operated, licensed, and controlled by ReliefClub, Inc. DBA Oxygen (“Oxygen”), together with Oxygen’s associated service to monitor individuals’ banking, lending and related financial transactions in order to provide useful guidance, advice and management tools (Oxygen Applications, and services provided, together with any associated social media channels of Oxygen, collectively, the “Oxygen Services”).

These Terms of Use apply when the individual or entity (“You”, you” or “Your”) is accessing, interacting with, signing up for or using any of the Oxygen Services and is binding as of the first date You access, use, interact with or sign up for any Oxygen Services. If You are using an Oxygen Service that involves the collection and analysis of your financial transaction data, these Terms of Use govern your consent for Oxygen to collect and use such data. Other aspects of the Oxygen Services may be covered by other terms, conditions and agreements with Oxygen. These Terms of Use is subject to modification from time to time as described below. You will be provided notice via e-mail at the e-mail address You provide Oxygen or via in application messaging or push notifications through the mobile phone when modifications are made, and You can review the most current version at any time at: www.getoxygen.com/legal. By accessing and/or using the Oxygen Services or, if applicable, providing access to your financial transactions data, you accept and agree to be bound by, and become a party to, these Terms of Use. If You do not agree to these Terms of Use, or if You are not authorized to enter into or be bound by these Terms of Use (refer to section 1, subsection C for further details), then do not access, interact with, download, use or sign up for any Oxygen Services or provide us with any access to your financial transactions data.

Oxygen reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Oxygen Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Oxygen grants you a personal, nonexclusive, non-transferable, limited privilege to enter and use the Oxygen Applications and access Oxygen Services, including the opportunity to apply for an Oxygen Line of Credit. Oxygen Services are meant only as an aid to assist You in organizing and managing Your finances. All information is provided for educational use only. Oxygen Services are not intended provide any legal, tax or financial advice. You acknowledge that your personal financial circumstances are unique, and that before any information you obtain through Oxygen Services is acted upon, you should obtain the advice of a financial advisor or other financial planning professional who is aware of your personal financial circumstances.

1. OXYGEN SERVICES

A. Oxygen Services

Provided You have agreed to comply with and are bound by these Terms of Use, You may access and use the portions of the Oxygen Services which Oxygen has made accessible to You, subject to and in compliance with these Terms of User and all applicable local, state, and national laws, rules and regulations. Your right to access and use the Oxygen Services is non-exclusive, non-transferable, non-sublicensable, and fully revocable. Use of any Oxygen Services that are subject to special registration, restricted access or payment is further subject to other terms and conditions or agreements specified by Oxygen. You agree to use the Oxygen Services solely for personal, non-commercial purposes.

B. Use of Oxygen Services

You may not use the Oxygen Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Oxygen’s Services; (ii) any other party’s use and enjoyment of Oxygen’s Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Oxygen Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Oxygen Application, including, without limitation, any usage rules set forth in the online application store terms of service.

From time to time, Oxygen may automatically update the version of Oxygen Application installed on the Authorized Device (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Oxygen Application. By installing the Oxygen Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Oxygen Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).

Oxygen reserves the right to temporarily disable or permanently discontinue any and all functionality of the Oxygen Application at any time without notice and with no liability to you.

C. User Applications and Representations

You must be at least 18 years of age or older to sign-up, apply, register for, or install or use the Oxygen Services. If You sign up or register with Oxygen or apply and set up your Oxygen Account, You agree, represent and warrant that all information You provide to Oxygen upon sign up, registration or application and at all other times through the Oxygen Services will be true, accurate, current and complete (which includes use of your real name). If any material information You provide to Oxygen in connection with the Oxygen Services changes, You agree to promptly notify Oxygen about such changes and provide updated information. You are entirely responsible for maintaining the confidentiality of your account information and password. You agree not to (a) use the account, username, or password of another user, or (b) disclose your password to, or share your account with, any third party or allow or authorize any person to use your account or user ID with Oxygen. You agree to notify Oxygen immediately if You suspect any unauthorized use of your account or access to your password or account. You are solely responsible for any and all use of your account.

D. User Conduct

You agree that You are responsible for your own conduct while using the Oxygen Services and for any consequences thereof. You agree to use Oxygen Services only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable laws, regulations, rules, policies or guidelines. By way of example, and not as a limitation, You agree that when using Oxygen Services, You will not: (i) enter, store or transmit any infringing, libelous or otherwise unlawful or tortious information or material or transmit information or material in violation of third party privacy or other rights, in all such cases within, through, to or using the Oxygen Services, (ii) enter, store or transmit viruses, worms or other malicious code within, through, to or using the Oxygen Services, (iii) interfere with or disrupt the integrity or performance of the Oxygen Services, or (iv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Oxygen Services or collect information for any unauthorized purpose. You further agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

2. CONSENT AND LICENSE FOR USERS PROVIDING FINANCIAL DATA

A. Consent to Collect Your Transaction Data

If you are using or participating in any Oxygen Service that involves the collection and/or use of financial Transaction Data, You will provide us with access to upload or collect your financial data from your banking and other financial accounts, including, for example and without limitation, transaction dates, the merchants involved, the transaction types and the amounts, other information, data, passwords, or other content (collectively “Transaction Data”), but excluding your account numbers associated with such Transaction Data.

B. Use of Your Transaction Data

Transaction Data and any other information about or submitted by You, including data collected about your use and activities on or with the Oxygen Services, are subject to Oxygen’s Privacy Policy.

C. License to Your Transaction Data

You grant Oxygen and its Service Providers a license to use Transaction Data for the Oxygen Services and to operate, provide, administer, develop, and improve the Oxygen Services, subject to Oxygen’s Privacy Policy. Oxygen and the Service Provider may use, modify, display, distribute and create new material using the Transaction Data to provide Oxygen Services to you. By submitting the Transaction Data, You automatically agree that the owner of the Transaction Data has expressly agreed that, without any particular time limit, and without the payment of any fees, Oxygen and the Service Providers may use the Transaction Data for the purposes set out above. As between Oxygen and Service Providers, Oxygen owns your Transaction Data. As used herein, Service Provider shall mean those third parties that are under contract to Oxygen to help provide, administer, develop, operate and improve Oxygen Services.

D. Third Party Accounts

By using the Oxygen Services, You authorize Oxygen and its Service Providers to access third party sites designated by you, on your behalf, to retrieve information requested by You, and to register for accounts requested by You. For all purposes hereof, You hereby grant Oxygen and its service providers a limited power of attorney, and You hereby appoint Oxygen and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution for You and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN OXYGEN OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, OXYGEN AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by You. You understand and agree that the Oxygen Services are not endorsed or sponsored by any third party account providers accessible through the Oxygen Services.

E. No Liability for Transaction Data

Under no circumstances will Oxygen be liable in any way for any Transaction Data, including any errors or omissions in any Transaction Data, any modification, loss or deletion of any Transaction Data or any loss or damage of any kind incurred as a result of the use of or reliance upon any Transaction Data or the analysis or summary thereof. You hereby affirm, represent and warrant that You have the necessary right and permissions required (i) to provide Oxygen with and allow Oxygen to access and collect any Transaction Data, and (ii) for Oxygen to use such Transaction Data in accordance with these Terms of Use and the Privacy Policy.

F. Removal and Deletion of Transaction Data

Oxygen reserves the right to remove, delete, block, edit or modify any Transaction Data at any time, subject to applicable regulatory retention requirements, without prior notice and at in its sole discretion for any reason or no reason. Oxygen has no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which Oxygen is subject.

3. INTELLECTUAL PROPERTY

You hereby acknowledge that Oxygen owns all rights, title and interest in and to the Oxygen Applications and to any and all proprietary and confidential information contained therein (“Oxygen Information”). The Oxygen Applications and Oxygen Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, reverse compile or disassemble the Oxygen mobile application or otherwise attempt to derive source code from the Oxygen Applications; (ii) copy, distribute, transfer, sell or license the Oxygen Applications; (iii) transfer the Oxygen mobile application to, or use the Oxygen mobile application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Oxygen mobile application; (v) use the Oxygen Applications to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Oxygen’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Oxygen Applications.

4. LINKS

Oxygen Applications may contain links to web sites controlled or offered by third parties (non-affiliates of Oxygen). Oxygen hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site. By creating a link to a third party web site, Oxygen does not endorse or recommend any products or services offered or information contained at that web site, nor is Citigroup liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Oxygen and the third party website may provide less security than the Oxygen website or mobile application.

5. NO WARRANTY

The information and materials contained in Oxygen Applications, including text, graphics, links or other items are provided “as is”, “as available”. Oxygen does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

6. LIMITATION OF LIABILITY

In no event will Oxygen be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with Oxygen Applications or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Oxygen, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

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