These Terms of Service ("Terms") govern your access to and use of the Midas Budget application, website, and related services (collectively, the "Service"), operated by Phrygian Labs LLC ("Phrygian Labs," "we," "us," or "our"), a Florida limited liability company.
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 SECTION 14 (DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER) CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR ABILITY TO BRING A CLASS ACTION OR JURY TRIAL.
1. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that you are not barred from using the Service under the laws of the United States or your jurisdiction of residence.
The Service is intended for users located in the United States. We make no representation that the Service is appropriate or available for use in other locations.
2. The Service
Midas Budget is a personal finance and budgeting tool that allows you to track income, expenses, accounts, and budgets, and, where you choose to enable it, to connect external financial accounts to import transaction data.
The Service is a software tool, not a financial, investment, tax, legal, or accounting advisory service. We do not provide financial advice. Any information, calculation, projection, categorization, or insight presented by the Service is for informational purposes only and is not a recommendation to take or refrain from taking any financial action.
Phrygian Labs is not a bank, money transmitter, broker-dealer, investment advisor, or financial institution. We do not hold, move, custody, or have access to your funds. Account balances and transaction data displayed in the Service are imported representations of data held by your financial institutions and may be incomplete, delayed, or inaccurate.
Our legal status. Unless we specifically disclose otherwise, you acknowledge and agree that Phrygian Labs is not, and the Service does not make us, any of the following: a financial institution as defined in the Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801 et seq.); a consumer reporting agency, and the Service is not a "consumer report," as those terms are defined in the Fair Credit Reporting Act (15 U.S.C. § 1681a); a creditor, lender, loan servicer, debt collector, or debt-adjustment service; a credit-repair organization or credit counselor; or an investment advisor, broker, or dealer. The Service is a personal-budgeting software tool that imports and displays financial data on a read-only basis. It does not initiate, execute, or facilitate any transaction, transfer, or movement of funds, and it does not extend credit or provide financial advice.
3. Accounts
To use most features you must create an account. You agree to provide accurate information and to keep it current. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly at the contact address in Section 18 if you suspect unauthorized access.
We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms or that your continued use poses a risk to the Service or other users.
4. Connected Financial Accounts and Third-Party Data Providers
If you choose to link an external financial account, you authorize us and our third-party data aggregation provider (our "data provider") to access, retrieve, and store information from that account on your behalf, including account and routing information, balances, and transaction history.
By linking an account, you acknowledge and agree that:
- Your use of the data provider is governed by the data provider's end-user privacy policy, which you should review. The data provider is an independent third party and we do not control its data practices.
- You grant the data provider the right to access and transmit your financial data in accordance with that policy, and you grant us the right to use that data to provide the Service.
- You may revoke this authorization at any time by disconnecting the linked account within the Service and, where applicable, through any self-service portal the data provider offers. Revocation stops future data retrieval but does not delete data already imported, which you can remove separately as described in our Privacy Policy.
- The accuracy, completeness, and timeliness of imported data depend on your financial institution and our data provider. We are not responsible for errors, omissions, or delays in data originating from these sources.
You represent that you are an authorized user of any financial account you link and that you have the right to grant the access described above.
5. Subscriptions and Payments
The Service is offered on a paid subscription basis. Certain features may require an active subscription.
- Fees, billing frequency, the features included, and any free trial terms will be disclosed at the point of purchase.
- Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You authorize us or our payment processor to charge your payment method on a recurring basis until you cancel.
- If you subscribe through a mobile app store (such as the Apple App Store or Google Play), billing, renewals, and cancellations are handled by that store under its terms, and you must manage your subscription through your store account.
- If you subscribe directly through us, payments are processed by a third-party payment processor. We do not store full payment card numbers. Your use of payment processing is subject to the processor's terms.
- Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial billing periods. Subscriptions purchased through an app store are subject to that store's refund policy.
- We may change pricing prospectively with reasonable notice. Changes do not affect the current paid period. Continued use after a price change takes effect constitutes acceptance of the new pricing.
- You may cancel at any time through your account settings or the applicable app store. Cancellation takes effect at the end of the current billing period, and you retain access until then.
- If a free trial is offered, your paid subscription begins automatically at the end of the trial unless you cancel before it ends.
6. License and Acceptable Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.
You agree not to:
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except where this restriction is prohibited by law.
- Access the Service through automated means, scrape it, or impose unreasonable load on our infrastructure.
- Attempt to gain unauthorized access to any part of the Service, other users' data, or our systems.
- Use the Service to violate any law or to infringe the rights of any third party.
- Introduce malware or interfere with the integrity or performance of the Service.
- Resell, sublicense, or commercially exploit the Service without our written permission.
7. Your Content and Data
You retain all rights to the financial data, notes, and other content you input or import into the Service ("Your Content"). You grant us a limited license to host, process, store, transmit, display, and back up Your Content solely to operate and provide the Service to you, and to create de-identified and aggregated data as described in the Privacy Policy.
You are responsible for the accuracy of any data you manually enter. We are not responsible for budgeting outcomes resulting from inaccurate input.
8. Intellectual Property
The Service, including its software, design, text, graphics, logos, the Midas Budget name, and all related marks, is owned by Phrygian Labs and protected by intellectual property laws. Except for the license granted in Section 6, these Terms do not transfer any rights in the Service to you.
9. Feedback
If you submit suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.
10. Third-Party Services and Links
The Service may integrate with or link to third-party services (such as financial data aggregation providers, payment processors, and cloud infrastructure providers). We are not responsible for the content, policies, or practices of third parties. Your use of third-party services is governed by their respective terms.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
- ANY FINANCIAL DATA, CALCULATION, CATEGORIZATION, BALANCE, OR PROJECTION DISPLAYED IS ACCURATE, COMPLETE, OR CURRENT;
- THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR FINANCIAL RESULT.
YOU ACKNOWLEDGE THAT FINANCIAL DECISIONS ARE YOUR SOLE RESPONSIBILITY AND THAT YOU SHOULD VERIFY ANY IMPORTANT INFORMATION DIRECTLY WITH YOUR FINANCIAL INSTITUTION. FUNDS REFLECTED IN THE SERVICE ARE NOT HELD BY US AND ARE NOT FDIC INSURED BY US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHRYGIAN LABS AND ITS MEMBER, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR FINANCIAL LOSS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify and hold harmless Phrygian Labs from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.
14. Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights.
Informal resolution first. Before filing a claim, you agree to contact us at the address in Section 18 and attempt to resolve the dispute informally for at least 60 days.
Binding arbitration. Except for claims that qualify for small claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court. The arbitration will be conducted in Orange County, Florida, or another mutually agreed location, or by video where available.
Class action waiver. YOU AND PHRYGIAN LABS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
Opt-out. You may opt out of this arbitration agreement by sending written notice to the contact address within 30 days of first accepting these Terms.
If any portion of this Section is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, this entire Section will be void.
15. Governing Law
These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law principles. Subject to Section 14, you agree to the exclusive jurisdiction of the state and federal courts located in Orange County, Florida.
16. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time for any reason, including violation of these Terms. Upon termination, your license to use the Service ends. Sections that by their nature should survive (including Sections 7 through 15) survive termination.
17. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new "Last updated" date or notifying you in the Service. Your continued use after the changes take effect constitutes acceptance.
18. Contact
Phrygian Labs LLC Email: support@phrygianlabs.ai Mailing address: 3005 W Lake Mary Blvd, Ste 111 #677, Lake Mary, FL 32746