1. Agreement to terms
These Terms of Service (“Terms”) are a binding agreement between you and Capalty LLC, doing business as MonthlyIQ (“MonthlyIQ,” “we,” “us,” or “our”). By creating an account, checking the acceptance box, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. About MonthlyIQ and Capalty LLC
MonthlyIQ is a product and trade name operated by Capalty LLC, a Florida limited liability company. MonthlyIQ provides personal financial management tools that organize and analyze financial information from accounts you connect.
3. Eligibility
You must be at least 18 years old, a resident of the United States, legally able to enter into contracts, and authorized to access every financial account you connect. You may not use the Service if you are barred from doing so under applicable law.
4. User accounts
You are responsible for maintaining the confidentiality of your login credentials, for all activity under your account, and for promptly notifying us at security@monthlyiq.com of any unauthorized use. You must provide accurate information and keep it current. Household members you invite may view household data according to their role; you are responsible for whom you invite.
5. Connected financial accounts
You may connect financial accounts through Plaid. You represent that you are the owner or an authorized user of each account you connect and that you have the right to share its information with MonthlyIQ.
7. Plaid and third-party services
The Service relies on third parties, including Plaid and financial institutions, that we do not control. Their services are subject to their own terms. We are not responsible for their availability, accuracy, delays, outages, or acts or omissions.
8. Financial information and insights
Expenses, recurring bills, cash-flow figures, projections, categorizations, alerts and AI-generated answers are estimates based on the data available to us. They may be incomplete, delayed or incorrect and are provided for informational purposes only.
9. No professional advice
MonthlyIQ does not provide financial, investment, tax, legal, accounting, credit or debt-counseling advice. Nothing in the Service is a recommendation to take any action. Consult a qualified professional before making financial decisions. You are solely responsible for decisions you make.
10. No banking services
MonthlyIQ is not a bank and does not hold deposits. MonthlyIQ does not initiate payments, transfer funds, or pay bills on your behalf. Accounts you connect remain at your financial institution. MonthlyIQ is not FDIC-insured.
11. No investment services
MonthlyIQ is not a registered investment adviser or broker-dealer and does not buy, sell or hold securities or other assets for you.
12. No credit decisioning
MonthlyIQ is not a consumer reporting agency. Information from the Service may not be used to make eligibility decisions for credit, employment, insurance, housing or any purpose covered by the Fair Credit Reporting Act.
13. User responsibilities
You agree to comply with our Acceptable Use Policy and all applicable laws, to verify important information directly with your financial institutions, and to independently track due dates and balances. Do not rely on MonthlyIQ alerts as your only reminder of payment obligations.
14. Accuracy of information
We do not verify and are not responsible for the accuracy of data provided by financial institutions or Plaid. Transactions may be pending, duplicated, miscategorized or missing.
15. User corrections and classifications
You may correct categorizations, mark transfers, and confirm or dismiss recurring bills. Your corrections generally take priority over automated classifications but may not be applied retroactively in all views.
16. Subscription plans
Certain features require a paid subscription. Plan features and prices are described on our Pricing page and may change with advance notice.
17. Fees
You agree to pay all fees for the plan you select, plus applicable taxes. Payments will be processed by a third-party payment processor. We do not store full payment card numbers.
18. Trials
We may offer a free trial. Unless you cancel before the trial ends, and where you have provided a payment method and agreed to paid terms, your subscription will begin at the then-current price. We will disclose trial length and price before you are charged.
19. Automatic renewal
Paid subscriptions automatically renew for successive periods of the same length at the then-current price until canceled. We will provide renewal and price-change notices as required by law.
20. Cancellation
You may cancel at any time from Plan & billing. Cancellation takes effect at the end of the current billing period and you keep access until then.
21. Refund policy
Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods. We may issue refunds at our discretion. [Final refund policy pending review.]
22. Intellectual property
The Service, including software, design, text, graphics and trademarks, is owned by Capalty LLC or its licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use in accordance with these Terms. You retain ownership of your data.
23. Feedback
If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use them without obligation to you.
24. Service availability and changes
The Service may be interrupted for maintenance, upgrades, outages or events beyond our control. We may modify, suspend or discontinue features at any time. We will give reasonable notice of material adverse changes to paid features where practicable.
25. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, create risk or possible legal exposure for us or others, or if required by law, or if Plaid or a financial institution revokes access. Sections that by their nature should survive termination will survive.
26. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT FINANCIAL DATA, CALCULATIONS, CATEGORIZATIONS, ALERTS OR AI RESPONSES WILL BE ACCURATE, COMPLETE OR TIMELY.
27. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPALTY LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SAVINGS, LATE FEES, OVERDRAFT FEES, INTEREST, PENALTIES, CREDIT IMPACT, OR LOSS OF DATA, ARISING FROM OR RELATED TO: THIRD-PARTY FINANCIAL DATA; FINANCIAL INSTITUTION OR PLAID OUTAGES OR AVAILABILITY; TRANSACTION DELAYS; INCORRECT CLASSIFICATIONS; ESTIMATED OBLIGATIONS OR PROJECTIONS; ALERTS NOT SENT OR RECEIVED; DECISIONS YOU MAKE; OR SERVICE INTERRUPTIONS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the fullest extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law, such as for gross negligence, willful misconduct or fraud where such limitation is prohibited.
28. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Capalty LLC and its members, managers, employees and agents from and against any claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your misuse of the Service; (b) your connection of any financial account you are not authorized to access; (c) your violation of these Terms or the Acceptable Use Policy; (d) your violation of any law; or (e) your violation of any third party’s rights. We may assume the exclusive defense of any matter subject to indemnification, and you will cooperate with our defense.
29. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules, except where the law of your state of residence mandatorily applies to consumer contracts.
30. Dispute resolution
Before filing a claim, you agree to first contact us at support@monthlyiq.com and attempt to resolve the dispute informally for at least 30 days. If not resolved, disputes will be resolved in the state or federal courts with jurisdiction, subject to any rights you have under applicable consumer law.
Final dispute-resolution structure is pending counsel review; any change will be published as a new version of these Terms and will not apply retroactively to claims already filed.
31. Changes to these terms
We may update these Terms. We will post the new version with a new effective date and version number. We will not silently change material terms: for material changes we will notify you and require you to accept the updated Terms before continuing to use the Service. Changes do not apply retroactively to disputes arising before the change.
32. General
These Terms, together with the policies they reference, are the entire agreement between you and us about the Service. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. We are not liable for delays caused by events beyond our reasonable control.
33. Contact us
Capalty LLC, doing business as MonthlyIQ (“MonthlyIQ,” “we,” “us,” or “our”).
- Privacy: privacy@monthlyiq.com
- Support: support@monthlyiq.com
- Security: security@monthlyiq.com
- Mail: 500 S. Australian Ave., Ste 600 #1072, West Palm Beach, FL 33480
MonthlyIQ is a product and trade name operated by Capalty LLC, a Florida limited liability company.
