These Terms of Service (these “Terms”) apply to the cushion.ai website, application (webapp.cushion.ai), and our related social media sites, including our Facebook Messenger bot (collectively, the “Site”) operated by Cushion AI, Inc. (“Us”, “We” or “Our”) and the services available through the Site (the “Service”).
Because our platform operates on the Internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on our website, sending you an in-App message, emailing it to any email address that you have provided us, or sending it as a text message to any mobile phone number that you have provided us. We may also send notices to you by postal mail to any postal address that you have provided us. All notices by any of these methods will be deemed received by you no later than the earlier of when received or posted or 24 hours after sent, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 Business Days after it is mailed.
You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including short message service (“SMS”) messages (including text messages), multimedia messaging service (“MMS”), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing systems or automatic texting systems. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one by text.
You consent to receive SMS messages, calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions relating to you, your account, or our Services. You acknowledge and agree that standard call, message, and data rates apply. Consent to receive SMS messages is not required as a condition of purchase.
To unsubscribe from text messages at any time, reply STOP to any text message you receive from us. If you unsubscribe, you will be unable to access your account. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request and/or providing an alternative to access your account.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CUSHION AI, INC. THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18.6 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
We may update the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Service. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you do not agree to be bound by the updated Terms, then, except as otherwise provided in Section 18.6 “Effect of Changes on Arbitration,” you may not use the Service anymore. Because the Service is evolving over time, We may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
The Service is available to users who are at least 18 years of age. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.
In order for you to use the Service, you must create an account by registering on the Site (“Account”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
In addition, you will need to link your Account with your accounts at third party financial institutions (e.g., banks and credit card companies) (“Financial Institution Accounts”) so we can access the transaction history of your Financial Institution Accounts (“Transaction History”), and as necessary to identify money saving opportunities as described below. You must provide Us access to your Financial Institution Accounts.
CUSHION.AI IS NOT AFFILIATED WITH THE THIRD PARTY FINANCIAL INSTITUTIONS WITH WHICH WE MAY COMMUNICATE. WE DO NOT GUARANTEE THAT OUR SERVICES WILL INTEGRATE WITH EVERY FINANCIAL INSTITUTION. WE WILL ATTEMPT TO NOTIFY YOU AS SOON AS POSSIBLE IF WE ARE UNABLE TO INTEGRATE WITH A FINANCIAL INSTITUTION ACCOUNT.
7.1 Bank and Credit Card Fee Negotiation. The Service allows you to share with Us transactions involving your Financial Institution Accounts, in order for Us to identify money-saving opportunities for you (each an “Opportunity”). If We identify an Opportunity, you agree to use the Service to attempt to: (a) obtain a refund,(b) negotiate a better deal, (c) other services as may be provided from time to time and disclosed to you.
7.2 Authorization. By using the Service, you agree to contest fees, request discounts, and perform other actions with the Institutions you have specified by using the Service. To the extent necessary, you hereby appoint Us as your attorney-in-fact with full authority to act on your behalf in connection with communications with your Institutions in order to provide the Service.
7.3 Notification and Non-Interference.
Once we start the Opportunity, we will contact you via Facebook Messenger via an in-app notification, text message, or email. You should not contact the financial institution affiliated with the Financial Institution Account to attempt to negotiate, reduce, or otherwise challenge the fee once you receive notice from Us that we’ve begun an Opportunity. If you contact the financial institution affiliated with your Financial Institution Account, you may still be charged the Service Fee (described below).
7.4 No Guarantee. We make no representations, guarantees, or promises that the Service will result in a reduction in a fee, refund, or any other benefit. Some fees are non-negotiable and some financial institutions are unwilling to negotiate fees. We do not support all financial institutions.
7.5 Rewards Program. We will reward you with points for taking a variety of actions, including but not limited to: paying for the Service, inviting friends to sign up and pay for the Service, and many more. Once you accumulate enough points and reach a predetermined points threshold, you will have the ability to “cash out” by converting the rewards to a prize, under the following conditions:
8.1 Annual Subscription.
When signing up for the Service, you will be required to select a negotiation package, which is an annual subscription to the Service, and pay for it at that time.
8.2 Facebook Messenger Customers.
If you initially signed up for the Service through Facebook Messenger, you have historically only been charged a fee if the Service results in a Successful Opportunity where you receive a refund, reduction in cost, or some other form of financial benefit due to your use of the Service (“Successful Opportunity”). For each Successful Opportunity, we retain up to 25% of the dollar amount value of each Successful Opportunity. For instance, if a Successful Opportunity results in a $20 refund from one of the Financial Institution Accounts, we will retain $5 and you will receive $15.
The Service will no longer be offered via Facebook Messenger effective April 6, 2020, and the only available Service Fee that applies from then on is the pricing outlined in 8.1
9.2 Ownership. The contents, including information, text, images and graphics and all other material contained on the Site or features and functions made available through the Service (the “Content”) are for your personal informational purposes only. The Content is owned by Cushion AI, Inc. or by Our designers or other third parties who have licensed their rights in Content to Us. You may use the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without Our express prior written consent. You may not use Content in any way not expressly permitted by these Terms of Service and if you do, your right to use the Service will automatically terminate. The Content, the Service and the Site generally, are subject to change or termination without notice. The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on Our Site belong to Us or have been licensed to Us. Nothing contained on Our Site should be construed as granting any license or right to use any Trademark displayed on Our Site. Your use/misuse of the Trademarks displayed on Our Site, except as provided in these Terms of Service, is strictly prohibited.
The Service (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You acknowledge and agree that your use of the Service is at your own risk and is provided “as is,” without warranty of any kind, and we hereby disclaim all representations, conditions, guarantees or warranties, oral or written or of any kind, whether express or implied, and whether by statute, common law, from a course of performance or dealing, trade usage, including but not limited to the implied warranties or conditions of merchantability, satisfactory quality, non-infringement, or fitness for a particular purpose. Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, free of errors or defects, or that errors or defects are capable of being corrected. We do not warrant that all Institutions will accept the Service. We disclaim any liability if the use of the Service violates any terms of service or other agreement that you may have with an Institution.
Any suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide to Us relating to the Service, including the Site, are owned exclusively by Us. You hereby assign such rights to Us and agree to sign any documents necessary to ensure Our ownership is perfected.
We may terminate the Terms and terminate or suspend your Account immediately, without prior notice or liability, and for any or no reason. You may terminate the Terms and your Account at any time through the user interface on the Site. Upon the termination of the Terms, your right to access the Service immediately ceases. However, Sections 1, 6, 7.2, 7.4, 10, 12, 13, 14, 16, 17, and 20 of these Terms will survive such termination.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Cushion AI, Inc. are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Cushion AI, Inc. each waive any objection to jurisdiction and venue in such courts.