WISELY® TERMS AND CONDITIONS OF USE
Last modified: February 27, 2019
THE APPLICATION IS BEING OFFERED AS A PROOF OF CONCEPT. ADP DOES NOT ANTICIPATE APPLICATION FAILURES, BUT CANNOT ENSURE THAT ERRORS WILL NOT BE FOUND OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED.
The Application is owned by ADP, INC. References herein to “we”, “us”, “our” or “ADP” are references to ADP, INC.
Description of the Application. The Application provides personal financial management functionality that, among other things, may allow you to: review and track point of sale, ATM, and direct deposit transactions; transfer funds between primary and secondary debit cards associated with a your account; transfer funds from your account to external financial institutions such as banks or other financial services; deposit checks using mobile devices; and manage financial savings holdings (collectively, along with any additional functionality that the Application may provide in the future, the “Functionality”). The Application may also provide information and/or access to select related additional services and may also provide you general tips, recommendations and educational material.
The Application does not provide financial advice. NEITHER ADP NOR THE APPLICATION IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ADP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Application and Functionality are for informational and noncommercial purposes only and do not replace seeking advice from your accountant or other legal, tax or financial adviser who are fully aware of your individual circumstances. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of the Application before making any decisions based on the Application. ADP shall not be liable for any possible claim for damages arising from any decision you make based on the Functionality made available to you through the Application.
- modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, frame, create derivative works from, transfer, sell, exploit or otherwise use in any other way for commercial purposes in whole or in part any reports, data, information, content, products or services generated by or obtained from the Functionality or Application;
- use the Application or Functionality therein, except for the purposes expressly provided herein, without ADP’s prior written approval;
- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Application;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Application;
- post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Application;
- attempt to gain unauthorized access to any portion of the Application or Functionality provided therein or any other ADP system;
- use the Application in any manner that could damage, disable, overburden, or impair (i) the Application, (ii) the Functionality provided through the Application, or (iii) any systems, networks, servers, or accounts related to the Application, including using devices or software that provide repeated automated access to the Application, other than those made generally available by ADP; or
- use or engage in any activities related to the Application in any manner that violate any laws, regulations, statutes, or ordinances (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or use the Application or Functionality in a manner that is false, misleading or inaccurate.
Registration. To use the Functionality offered via the Application, you may need to create an account with ADP which may include establishing a username and a password that may be subject to separate terms. You may need to provide us with certain personal and other information. ADP may verify your email address before your account can be used. You agree to provide ADP with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy, and you represent that you are a legal owner of all registration and account information and other information necessary to facilitate your use of the Application. You agree to use the Application to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any Functionality via the Application. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, and passwords. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact ADP immediately. ADP will not be liable for any loss or damage arising from your failure to comply with this paragraph.
User Content. You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Application (“User Content“). By submitting, uploading, posting, e-mailing, or transmitting User Content via the Application, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Application. ADP does not control and is not responsible for the User Content uploaded via the Application.
You grant ADP a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in ADP’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. ADP shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of ADP that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
Fees. Although ADP provides the Application free of charge, your use of the Functionality therein or Additional Offerings may be or may become subject to charges or fees. Any fees charged by ADP will be announced separately in connection with the applicable Functionality. Additionally, use of the Application may involve transmission of data through your mobile service provider’s network. Prices listed within the Application do not include possible data transmission, text message, voice or other service provision charges by your mobile service provider. ADP assumes no responsibility for the payment of any charges of your mobile service providers.
Consent to Electronic Communications and Costs. You agree to the use of electronic communications and to transact business electronically, including the submission of what you may consider to be personal financial information, through the Application. You consent to our contacting you using the Applications and communicating using text messages, e-mails, and other electronic technologies at the telephone numbers and e-mail addresses that you provide to us. These communications may relate to the Application or your other relationships with ADP or its affiliates or may consist of promotion and marketing materials. In each case, you consent to such transmission or communication, as the case may be.
Privacy. Your use of the Application and Functionality is governed by the Privacy Notice, which you can access from within your Wisely application account. You agree to the ADP Privacy Statement, and any changes published by ADP. You agree that ADP may use and maintain your data according to the ADP’s Privacy Statement, and you grant ADP a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to collect, store, process, maintain, upload, sync, transmit, share, disclose and use data and information, including but not limited to information or data regarding the characteristics or usage of your mobile device, system and application software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) including to facilitate the Functionality of the Application and other services related to the Application. You give ADP permission to combine your User Data with that of other users of the Functionality and/or other ADP services for either commercial or non-commercial purposes on without any remuneration to You. For example, this means that ADP may use your User Data and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. ADP may access or store User Data in multiple countries, including countries outside of your own country to the extent permitted by applicable law. You acknowledge that the Services may include advertisements. Advertisements may be targeted to the content or information stored on the Application, queries made through the Application, or other information.
WARRANTY DISCLAIMER. THE APPLICATION AND ALL FUNCTIONALITY THEREIN IS PROVIDED BY ADP “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADP AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION OF USE, AND FREEDOM FROM ERRORS, VIRUSES OR ANY OTHER MALICIOUS CODE. ADP AND ITS AFFILIATES FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE APPLICATION, THE FUNCTIONALITY OR ADDITIONAL OFFERINGS WILL MEET YOUR NEEDS. EXCEPT AS PROVIDED BY LAW, ADP DOES NOT HAVE ANY RESPONSIBILITY TO MAINTAIN THE APPLICATION OR FUNCTIONALITY OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
Limitation of Liability. USE OF THE APPLICATION AND FUNCTIONALITY IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD, INSTALLATION OR USE OF THE APPLICATION.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ADP OR ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ADP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND ADP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
In no event shall ADP’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Export. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear, missiles or chemical or biological weapons.
Trademarks or Service Marks. Certain proprietary marks of ADP or third parties may be designated as such from time to time on the Application through use of the TM, SM, or ® symbols. You are not authorized to make any use of such marks, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by ADP or the applicable third party.
Product Claims. You acknowledge that ADP, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact Information: Any questions, complaints or claims with respect to the Application you