Bankroll Wizard Terms of Use and

End User License Agreement

Effective Date: April 25, 2026

  1. This Terms of Use and End User License Agreement (the “Agreement”) is a binding agreement between Jackalope Digital, LLC, a Colorado limited liability company (“Licensor” or “Company”) and the person using the Bankroll Wizard software application (“App”) accessed online using your device (“Licensee” or “you”). This Agreement describes how the App can be used, by whom, and for what purposes, among other rights and obligations (your “License”). You will not be permitted to use the App without first reading and accepting the terms and conditions of this Agreement.

The App is licensed, not sold to you.

Please read these terms carefully as they affect your legal rights and options, including the right to a jury trial, class actions, and the right to sue.

  1. LICENSOR PROVIDES THE APP AND ACCESS TO IT SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CHECKING THE “ACCEPT” BOX ON THE BOTTOM OF THE SCREEN OR BY OTHERWISE CONFIRMING YOUR ACCEPTANCE AS PROVIDED, YOU (A.) ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS; AND (B.) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT.

  1. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE THE APP TO LICENSEE, AND YOU MUST NOT USE THE APP OR DOCUMENTATION.

  1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY APP THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF THE APP.

  1. Digital Distribution Platform Terms. The following terms apply when you use the App obtained from either the Apple, Inc. App Store (“App Store”) or the Alphabet, Inc., Google Play (“Google Play”) services (each an “App Distributor” ) to install the App and access the Services:

  1. The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

  1. We are solely responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in this Agreement, or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; and

  1. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.

  1. You represent and warrant that:

  1. You are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and

  1. You are not listed on any US government list of prohibited or restricted parties.

  1. You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and

  1. You acknowledge and agree that the App Distributors and each their respective subsidiaries are third-party beneficiaries of the terms and conditions in this mobile application license contained in this Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in this Agreement against you as a third-party beneficiary thereof.

  1. App Distributor Terms. We may make the App available through either the App Store or Google Play. By downloading and using the App, you are also agreeing to their respective terms and conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html.

  1. License Grant and Scope. Subject to and conditioned upon Licensee’s strict compliance with all terms and conditions set forth in this Agreement, Licensor hereby grants to you a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use the App solely as set forth in this Agreement and subject to all conditions and limitations set forth in this Section or elsewhere in this Agreement. This License grants you the right to:

  1. Use the App, in accordance with the user agreements, policies, technical manuals and any other materials provided by the Company that describe the installation, operation, use or technical specifications of the App in printed or electronic form (collectively, “Documentation”); and

  1. access, use and run the App as provided in accordance with this Agreement and the Documentation, solely as set forth in the Documentation, and solely for Licensee’s personal, non-commercial purposes.

  1. Use Restrictions. Licensee shall not directly or indirectly:

  1. use (including make any copies of) the App beyond the scope of the License granted under this Agreement;

  1. provide any other person, including any associate, representative, affiliate, or service provider of Licensee, with access to or use of the App;

  1. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or any part thereof;

  1. combine the App or any part thereof with, or incorporate the App or any part thereof in, any other programs;

  1. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

  1. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the App, including any copy thereof;

  1. copy the App, in whole or in part;

  1. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason;

  1. use the App in violation of any law, regulation, rule or policy, including but not limited to harassment, defamation, company or employer handbook, or any other immoral or improper use, in Licensor’s sole discretion;

  1. use the App to transmit any advertising, promotional, “junk”, “chain letters”, or similar, impersonate a Company representative, or engage in any conduct that restricts or inhibits anyone’s use of the App;

  1. use the App in any manner that could disable, overburden, the App or its platform, use a robot, spider or other automatic device, process or means to access the App, introduce malicious or technologically harmful code, attack the App or its platform via a DOS/DDOS, or attempt to gain unauthorized access to the App or its platform; or

  1. use the App for purposes of competitive analysis of the App, the development of a competing software product or service, or any other purpose that is to the Licensor’s commercial disadvantage.

  1. AI Output Disclosure and Disclaimer.

  1. AI Use Disclosure. The App generates content with the assistance of artificial intelligence (“AI”) and  large language models (“LLM”) to transcribe a user’s audio input to provide output related to a user’s inquiry. The App uses Open AI and Anthropic and may use other AI platforms or LLMs to transcribe audio input from a user. The results are not reviewed by a human before being presented to a user. The results may be inaccurate and should not be considered a substitute for professional advice or your own judgment.

  1. Output Disclaimer. For the avoidance of doubt, the App only provides descriptive statistical information and not professional or predictive assessments of any nature.

  1. Responsibility for Use of the App. Licensee is responsible and liable for all uses of the App through access thereto provided by Licensee, directly or indirectly and of any nature whatsoever. Specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for all actions and failures to take required actions with respect to the App, whether such access or use is permitted by or in violation of this Agreement.

  1. Maintenance and Support. Subject to Section VIII.B, the license granted hereunder entitles Licensee to basic software maintenance as described in Section VIII.A.

  1. Maintenance and support services may include provision of such updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”) as Licensor makes generally available free of charge to all licensees of the App. Licensor may develop and provide Updates in its sole discretion, and Licensee agrees that Licensor has no obligation to develop any Updates at all or for particular issues. Licensee further agrees that all Updates will be deemed incorporated into the App and subject to all terms and conditions of this Agreement. All access to the App requires an internet connection, which connection is Licensee’s sole responsibility. Licensor has no obligation to provide Updates via any other media. Maintenance and support services do not include any new version or new release of the App that Licensor may issue as a separate or new product, and Licensor may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.

  1. Licensor has no obligation to provide maintenance and support services, including Updates:

  1. for any except the most current version or release of the App;

  1. for any copy of App for which all previously issued Updates have not been installed;

  1. if Licensee is in breach under this Agreement; or

  1. for any App that has been modified other than by or with the authorization of Licensor, or that is being used with any hardware, software, configuration, or operating system not specified in the Documentation or expressly authorized by Licensor in writing.

  1. Collection and Use of Information.

  1. Licensee acknowledges that Licensor may, directly or indirectly through the services of third parties, collect and store information regarding use of the App and about equipment on which the App is installed or through which it otherwise is accessed and used, through the provision of maintenance and support services.

  1. Licensee agrees that the Licensor may use such information for any purpose related to any use of the App by Licensee or on Licensee’s equipment, including but not limited to:

  1. improving the performance of the App or developing Updates; and

  1. verifying Licensee’s compliance with the terms of this Agreement and enforcing the Licensor’s rights, including all Intellectual Property Rights in and to the App.

  1. Licensee acknowledges that when you download, install, or use the App, the Licensor may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the App.

  1. The App may request access to Licensee’s device’s camera, microphone, and other applications and systems. You may grant or deny such access. If you deny access, some features of the App may not work as expected. Any such inoperability shall not constitute a breach of Licensor’s obligations to provide access to the App, except as otherwise provided herein.

  1. Use of information is also controlled by the Licensor’s Data Collection Policy, located here: https://bankrollwizard.app/privacy.

  1. Intellectual Property Rights.

 

  1. Definition. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

  1. The Company names, logos, and all related names, service names, and slogans are trademarks of Digital Jackalope, LLC, its parents, owner(s), affiliates or licensors. You may not use such names or marks without the prior written consent of the Company. All other trademarks, names, logos, services names, designs, or slogans, if any, on the App are the property of their respective owners.

 

  1. Licensee acknowledges and agrees that access to the App is provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the App under this Agreement, or any other rights thereto, other than to use the same in accordance with the License granted and subject to all terms, conditions, and restrictions under this Agreement. Licensor reserves and shall retain its entire right, title, and interest in and to the App (including Documentation) and all Intellectual Property Rights arising out of or relating to the App, except as expressly granted to the Licensee in this Agreement. Licensee shall safeguard the App from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify Licensor if Licensee becomes aware of any infringement of the Licensor’s Intellectual Property Rights in the App and agrees to fully cooperate with Licensor in any legal action taken by Licensor to enforce its Intellectual Property Rights.

  1. Term and Termination.

  1. This Agreement and the License granted hereunder shall remain in effect until terminated or as provided in a separate subscription agreement (the “Term”).

  1. For any unpaid version of the App, Licensee may terminate this Agreement by ceasing to use the App and destroying all copies of it (or by clearing a device’s cache).

  1. For any paid version of the App, Licensee may terminate this Agreement pursuant to the terms of the subscription agreement or as provided by the platform from which you downloaded the App (Google Play or Apple).

  1. Licensor may terminate this Agreement, effective upon written notice to Licensee, if Licensee breaches this Agreement and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after Licensor provides written notice thereof.

  1. Upon expiration or earlier termination of this Agreement, the License granted hereunder shall also terminate, and Licensee shall cease using and destroy all copies of the App (if any) and Licensee’s access to the App shall end. No expiration or termination shall affect Licensee’s obligation to pay all fees that may have become due before such expiration or termination or entitle Licensee to any refund, in each case except as set forth in this Agreement.

  1. Disclaimers. By using the App, you agree in full to our Disclaimers.

  1. General. The App is for entertainment, informational, and educational purposes only. The App may not be suitable for all persons, businesses, locations or specific situations. We make no guarantees regarding the content presented on the App or your success using it. Your decision to use the App is voluntary, and the Company is not liable to you for any injury, harm, or damages of any kind whatsoever, directly or indirectly, which may result from your use of the App. You agree that you are responsible for all risks, known or unknown, associated with using the App, including but not limited to financial damages, reputational harm, or personal injury.

  1. Technology. Except at otherwise provided in the Agreement, by using the App, you acknowledge and agree that we make no other guarantees or warranties regarding the App’s platform, your ability to access the App where it is provided for downloading, and its condition, including its functionality, the existence of viruses, uninterrupted use and availability. We cannot guarantee that your computer’s monitor or mobile device’s display of any content (color, size, etc.), including information that you upload, will be accurate. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our use of the App, without any notice, and such items may no longer be available.

  1. Errors and Omissions. The Company strives to include the most up-to-date and accurate information on the App and its contents. You acknowledge and agree that information contained on or content provided by the App may include inaccuracies, errors or omissions. The Company expressly excludes any and all liabilities for these inaccuracies, errors or omissions. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

  1. Economic Advice. The App is not a gambling or betting application or tool. It solely provides statistical information. Our App is not to be perceived or relied upon in any way as wagering, economic, business or financial advice. The App does not provide individualized wagering, economic, accounting, financial, or business advice. Any information provided is for a general audience and for informational and educational purposes only. Information provided by the App is not a substitute for your own judgment or professional advice.

  1. Limited Warranties, Exclusive Remedy, and Disclaimer/Warranty Disclaimer.

  1. Licensor warrants that, for the lease period following Licensee’s purchase of access:

  1. the App will substantially contain the functionality described in the Documentation, and when operated in accordance with, the Documentation, will substantially perform in accordance therewith.

  1. The warranties set forth in this Section will not apply and will become null and void if Licensee breaches any provision of this Agreement, or if Licensee or any other person provided access to the App by Licensee, whether or not in violation of this Agreement:

  1. installs or uses the App on or in connection with any hardware or software not specified in the Documentation;

  1. modifies or damages the App, or the media or online servers/platform on which it is provided, including abnormal physical or electrical stress; or

  1. misuses the App, including any use of the App other than as specified in the Documentation.

  1. If, during the Term any aspect of the App covered by the warranty set forth herein fails to perform substantially in accordance with the Documentation, Licensor will, subject to Licensee’s promptly notifying Licensor in writing of such failure, at its sole option, either:

  1. repair or replace the App, provided that Licensee provides Licensor with all information Licensor requests to resolve the reported failure, including sufficient information to enable the Licensor to recreate such failure; or

  1. refund the remaining Term balance of fees paid, if any, for the use of App, subject to Licensee’s ceasing all use of and, uninstall the App.

  1. If Licensor repairs or replaces the App, the warranty will continue to run from the initial date specified on the Invoice, and not from Licensee’s receipt of the repair or replacement. The remedies set forth in this Section are Licensee’s sole remedies and Licensor’s sole liability under this Agreement.

  1. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS AGREEMENT, THE APP IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS, OWNERS, AGENTS, AFFILIATES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED APP WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY SPECIFIC RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

  1. IN NO EVENT WILL LICENSOR OR ITS OWNERS, AGENTS, AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE APP; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. IN NO EVENT WILL LICENSORS OR ITS OWNERS, AGENTS, OR AFFILIATES, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE LICENSOR FOR THE APP IN THE IMMEDIATE SIX (6) MONTHS PRIOR TO AN EVENT RESULTING IN A CLAIM.

  1. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE LICENSEE’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Monitoring and Enforcement.

  1. The Company reserves the right to:

  1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

  1. Terminate or suspend your access to all or part of the App for any reason, including without limitation, any violation of this Agreement.

  1. Without limiting the foregoing, we reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.

  1. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY, INCLUDING ITS OWNERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

  1. We do not undertake to review all information before it is sent to us through the App. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Digital Millennium Copyright Act (DMCA) Notice and Policy.

  1. We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided at the end of this Agreement (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.

  1. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. For full information regarding Notifications, please see: https://www.copyright.gov/512/.

  1. User Generated Content. The App allows users to upload images, provide inputted text, and other user-generated content (“UGC”). If you upload or create UGC, you represent and warrant that all such content belongs to you or you have the rights to use the UGC. You agree that your UGC may be used or modified on the App for the purposes of the Company providing the services you request from us to you, including but not limited to: collecting data inputted by you and processing it. This grant of permission by you is perpetual and irrevocable, and no compensation will be paid to you by the Company for this permission.

  1. Export Regulation. The App may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. The Licensee shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. The Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the United States.

  1. Geographic Restrictions. Licensor is based in the State of Colorado in the United States. Licensor makes no claims that the App is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain states or countries. If you access or use the App outside the United States or in violation of state laws, you do so on your own initiative and are responsible for compliance with local laws.

  1. Electronic and Text Communications.

  1. Logging in to use the App, contacting us, or sending emails to us constitutes electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.

  1. By providing your email address or phone number, you agree to receive communications from us via email, phone call, or text/SMS related to the services you have requested we provide to you. You agree that such communications may occur at any time and at no further obligation to you. You can opt out of receiving messages from us at any time and for no cost, as provided in an email or text message to you.

  1. Miscellaneous.

  1. Governing Law, Jurisdiction, and Venue. This Agreement contains an arbitration provision, below. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any arbitration, legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted in the federal court of the United States of America or the courts of the State of Colorado in each case located in the City of Denver and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such arbitration, legal suit, action, or proceeding. The prevailing party in any dispute is entitled to recover its attorneys’ fees and costs from the other party.

  1. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its parents, members, owners, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of Agreement or your use of the App, including, but not limited to: UGC uploaded to the App, or any use of the App’s content other than as expressly authorized in this Agreement, or your use of any information obtained from the App.

  1. Arbitration.

  1. For all disputes, please first give us an opportunity to resolve the dispute which is done by emailing the following information to support@bankrollwizard.app: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within forty-five (45) days after receiving your notification, then you may pursue your dispute in arbitration.

  1. If the dispute is not resolved as provided above, either party may initiate arbitration proceedings. The American Arbitration Association, https://jaginc.com/, or JAMS, www.jamsadr.com, or a provider as the parties may agree, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator located in the City and County of Denver, State of Colorado. If the parties do not agree, the arbitration provider will be appointed by a neutral third party.

  1. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated, collective, attorney’s general, or representative action or arbitration, and the arbitrator shall only be empowered to hear individual claims.

  1. The parties will agree on a single arbitrator. If the parties do not agree, the provider will give the parties a list of five (5) qualified candidates with experience related to the matter in dispute. The parties will take turns striking candidates until a single arbitrator remains. All issues shall be for the arbitrator to decide, including the scope of this provision. The parties agree that they may arbitrate in person, in the City and County of Denver, State of Colorado, via videoconference, telephone or other remote option for the convenience of the parties.

  1. The parties will share the arbitration filing costs and arbitrator’s hourly fee equally. Each party will otherwise pay their own respective costs and expenses, including but not limited to, witness fees, discovery and document production costs, or attorneys’ fees. The parties may use the provider’s “streamlined” or “expedited” rules and procedures, if the parties both agree and the matter is appropriate, amount in controversy is met, and as otherwise consistent with the provider’s rules.

  1. Because this App and this Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

  1. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

  1. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its share of the arbitrator’s fees, other expenses incurred, costs and reasonable attorney's fees.

  1. The parties agree that to the extent allowable, the terms, outcome, results, settlement and other matters related to any arbitrated dispute shall remain confidential.

  1. This arbitration provision shall survive the termination of this Agreement.

  1. Class Action Waiver.

THE PARTIES EXPRESSLY AND VOLUNTARILY AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Any arbitration or other action under this Agreement will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. Further, unless both you and the Company agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

  1. Limitation on Time to File a Claim.

UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver of Jury Trial.

EACH PARTY VOLUNTARILY AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

  1. Force Majeure. Licensor will not be responsible or liable to Licensee, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or Licensee equipment, loss and destruction of property, or any other circumstances or causes beyond Licensor’s reasonable control.

  1. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: 1. when delivered by hand (with written confirmation of receipt); 2. when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); or 3. on the date received by facsimile or email (with deliberate confirmation of transmission by recipient).

  1. This Agreement, together with the Privacy and Data Collection Policy, and the Documentation constitutes the sole and entire agreement between Licensee and Licensor with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

  1. Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Licensor’s prior written consent, which consent Licensor may give or withhold in its sole discretion. No delegation or other transfer will relieve Licensee of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section is void. Licensor may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without Licensee’s consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

  1. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

  1. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

  1. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. For purposes of this Agreement, 1. the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; 2. the word “or” is not exclusive; and 3. the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: 4. to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof and 5. to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

  1. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

  1. Email notices and DMCA requests may be sent to: support@bankrollwizard.app.

  1. Service of Process may be sent to our registered agent:

Digital Jackalope, LLC

c/o Basecamp Legal PC

3900 E Mexico Ave, Ste 300

Denver, Colorado 80210

USA