(Last revised April 13, 2021)
The following terms of service are terms of a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Bree Inc., its subsidiaries, affiliates, agents and assigns (“Bree”, “we”, “us”, or “our”) which sets forth the terms and conditions for your use of Bree’s website, TryBree.com. By accessing, browsing and/or using TryBree.com or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Bree, and this Agreement governs your use of TryBree.com and the Services.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using TryBree.com or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use TryBree.com or the Services.
To use TryBree.com or the Services and to accept the Agreement, you must be 1) a legal resident of Canada, 2) of legal age to form a binding contract with Bree, 3) not prohibited by law from TryBree.com or the Services.
2. MODIFICATION OF THIS AGREEMENT
Bree reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, TryBree.com. You should check this Agreement on TryBree.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of TryBree.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Bree may terminate, suspend, change, or restrict access to all or any part of TryBree.com or the Services without notice or liability.
4. USER INFORMATION ACCURACY AND UPDATES
To access Bree’s Services, you must create a user account with Bree. This process will include creation of a Login ID and password to access the website and the Services. When you sign up for a user account, you agree to provide accurate, current and complete information—such as your name, mailing address, and email address –as may be prompted by any registration forms available through the website, in connection with the Services or as otherwise requested by Bree for such information (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the Mobile App and Services.
In order to use certain Services, Bree may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use our Services.
Should any of your User Information change, you agree that you will update this information as soon as possible.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at email@example.com.
5. OVERVIEW OF SERVICES
Bree offers a variety of services and features collectively referred to in this Agreement as the “Services.”These Services include:
Personal finance management – A suite of services and features you can subscribe to that can assist you in managing your budget, and avoiding overdraft.
Advance Service – Free advances of funds to help you cover expenses that may cause an overdraft in your bank account to help you avoid overdraft fees.
6. THIRD-PARTY AND BREE BANKING ACCOUNT INFORMATION
To use the Services, you may direct Bree to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). Bree works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Bree products and services that may be of interest to you. By using the Services, you authorize Bree to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the website. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
7. BREE’S BUDGETING TOOL
7.1 Overview of the Bree membership
If you subscribe to be a Bree member, you will have access to our budgeting tool.
With our budgeting tool, we track your income and expenses. Budget will monitor your linked bank account held at a depository institution (a “Linked Account”) and/or Bree Banking Account and let you know about how you spend your money and in what categories
7.2 Subscription Fee
The Bree membership is a $2.99 per month subscription fee (the “Subscription Fee”). We require a connected bank account or debit/credit card (a “Payment Method”) for payment of the Subscription Fee. You will be billed for your first Subscription Fee on a monthly basis. You must either cancel your subscription through the website or notify us by email at firstname.lastname@example.org if you do not want to renew your monthly subscription. If we do not charge you because your Payment Method does not contain sufficient funds, or if our attempt to charge you is declined, Bree reserves the right to terminate your access to the Personal Financial Management Services. Bree also reserves the right to collect unpaid fees from prior months along with the fee due for the current month.
8. THE ADVANCE SERVICE
8.1 Overview of the Advance Service
Bree also offers advances based on your anticipated income (each, an “Advance”) as part of its “Advance Service.”. You may also log into the website and request an Advance at any time. In all cases, you must affirmatively choose to receive an Advance. The amount of each Advance you are eligible for is based on, among other things, whether you have established a direct deposit into your Linked Account or Bree Banking Account and an analysis of your deposits and transaction history. The maximum Advance amount is generally $100 for users. We reserve the right to adjust Advance amounts and our eligibility criteria at any time.
You may also access Advances without subscribing to the Bree membership. To do so, please email email@example.com and state that you would like an Advance without subscribing to the Bree membership.
As noted above, all Advances are free. You may, however, choose to make voluntary payments referred to as ‘Tips’ or ‘Donations’ in appreciation of the Advance Service provided. In no way does a ‘Tip’ or ‘Donation’ alter your eligibility to receive an Advance, your ability to access an Advance or the amount of any Advance you are eligible for.
8.2 Express Fees
You may request that Bree expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can generally receive an Advance within three (3) business days depending on processing times, if you choose to pay the Express Fee, we will use a faster delivery method that will deliver the Advance to you within 8 hours. The amount of the Express Fee is determined by the amount of your Advance:
$15.00 to $20.00: $1.99
$20.01 to $74.99: $3.99
$75.00 to $99.99: $6.99
When you request an Advance and are given the option to expedite disbursement of the Advance, we will disclose the amount of the Express Fee to you before you make your selection. The Express Fee is payable at the time you repay the Advance.
8.3 Advance Repayment
Each Advance is repayable in one installment. We reserve the right to charge your Linked Account, debit card or Bree Banking Account for Advance repayment any time after we see evidence of income (such as a paycheck) deposited into your Linked Account. However, Bree warrants that it has no legal or contractual claim against you based on a failure to repay an Advance, but Bree will not provide you further Advances while any amount remains unpaid under the Advance Service. With respect to a failure to repay an Advance, Bree warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Bree does not waive any rights regarding fraudulent activity, and Bree will pursue instances of fraud.
Although Bree is helping users avoid overdraft fees, Bree is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Account or Bree Banking Account. Bree monitors your balance and will attempt to ensure you have sufficient funds before debiting your account, but Bree makes no warranties that an overdraft will not occur.
Tips, Express Fees and the Subscription Fee are non-refundable.
10. CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Bree membership, you authorize Bree to electronically debit your Payment Method for the $2.99 Subscription Fee once each month. As applicable, you also authorize Bree to electronically debit and credit your Payment Method to correct erroneous debits and credits. You have the right to receive notice of any debit for the Subscription Fee that would vary in amount from a previous Subscription Fee, but you agree that we only need to notify you in advance if a particular debit from your Payment Method would be more than $2.99. (Our policy is that no single debit will exceed $2.99, so we expect not to provide you with advance notice of each ongoing debit from your Payment Method.)
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for electronic fund transfer (“EFT”) and debit card transactions as provided herein and will remain in full force and effect until you notify Bree that you wish to revoke this authorization by emailing firstname.lastname@example.org. You must notify Bree at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your user account. Failure to provide correct and complete information may make it impossible for Bree to stop withdrawal of the preauthorized transaction.
You agree to indemnify and hold Bree harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Bree of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Bree will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to Bree that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Bree harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
11. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
11.1 Communications to Be Provided in Electronic Form
By choosing to use the website or the Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the website from Bree (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
11.2 Communications in Writing
By accepting to this Agreement, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time.
12. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or the website. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Bree and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
13. LIMITATIONS OF USE
You agree to use TryBree.com and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Mobile App or Services, including but not limited to unauthorized entry into Bree’s systems, misuse of passwords, or misuse of any information posted on TryBree.com or through the Services is strictly prohibited. Bree makes no claims concerning whether use of TryBree.com or Services is appropriate outside of Canada. If you access the Mobile App, TryBree.com or the Services from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher TryBree.com or the Services or software making up TryBree.com and Services, 2) navigate or search TryBree.com or Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Bree’s provided interface to access TryBree.com or the Services, 4) use TryBree.com or the Services in a way that could impair, overburden, damage, or disable any portion of TryBree.com or Services, or 5) mirror any material contained on TryBree.com or the Services.
Bree reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Bree also reserves the right to take action to protect Bree, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to TryBree.com or the Services, 3) suspending or terminating your ability to use TryBree.com or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 9.3 Bree will not take action against you for failure to repay an Advance), 5) holding you liable for the amount of Bree’s damages caused by your violation of this Agreement.
Bree may terminate this Agreement at any time without notice, or suspend or terminate your access and use of TryBree.com or the Services at any time, with or without cause, in Bree’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to TryBree.com or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to TryBree.com or the Services.
Bree further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, TryBree.com or Services at any time with or without notice.
15. LIMITATION OF LIABILITY
THE BREE PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF TRYBREE.COM OR THE SERVICES, THE BREE MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH TRYBREE.COM OR THE SERVICES, EVEN IF BREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BREE PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, TryBree.com OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF TRYBREE.COM OR THE SERVICES. IN NO EVENT WILL THE BREE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED CAD $1,000 (ONE THOUSAND CANADIAN DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF TRYBREE.COM OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Bree Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of TryBree.com or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Bree reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Bree.
17. ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account or debit card.
Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account or debit card or your Bree Banking Account. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
17.2 Your Liability.
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers: Tell us at once if you believe your user Login ID or password has been lost or stolen or if your Mobile App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Linked Account(s)
17.3 Business Days.
For purposes of this Section 26, Bree business days are Monday through Friday. Holidays are not included.
17.4 Types of Transfers; Limitations.
You may use the Services to request and receive Advances to your Linked Account or debit card to repay such Advances in the amounts and on the days you request, to pay voluntary tips to Bree, and to pay the monthly Subscription Fee. Any limitations regarding Advance amount, tip amount or Subscription Fee amount will be displayed to you through the Services. Through the Mobile App you may also authorize recurring preauthorized Electronic Fund Transfers from your Linked Account or debit card to pay for the Subscription Fee. See Section 11 for more information about stopping payment of preauthorized Electronic Fund Transfers.
Bree charges no fees to access an Advance. However, you may choose to pay an Express Fee to expedite an Advance
17.6 Confidentiality Related to Electronic Fund Transfers.
We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
Where it is necessary for completing the Electronic Fund Transfers; or,
In order to comply with government agency or court orders; or,
If you give us written permission; or,
17.7 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, email us at email@example.com. If you think your Linked Account statement, receipt, or payment history within the Mobile App are wrong, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
Tell us your name and phone number associated with your user account.
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new user accounts, we may take up to 90 days to investigate your complaint or question. For new user accounts, we may take up to 20 business days to credit your Linked Account or Bree Banking Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Bree does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Bree has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
20. GENERAL PROVISIONS
21. CONTACTING US
If you have questions regarding the Agreement or the practices of Bree, please contact us by e-mail at firstname.lastname@example.org.