Last Updated: May 4, 2025
IMPORTANT LEGAL NOTICE
These Terms of Service constitute a legally binding agreement between you and Pencive LLC. By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use our Service.
Welcome to Pencive. These Terms of Service ("Terms") govern your access to and use of Pencive's website, mobile applications, and services (collectively, the "Service") provided by Pencive LLC ("Pencive," "we," "our," or "us"). Please read these Terms carefully before using our Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, A PROVISION FOR RESOLVING DISPUTES THROUGH ARBITRATION, AND A CLASS ACTION WAIVER.
In these Terms:
2.1 Eligibility. The Service is intended solely for users who are 18 years of age or older and who can form legally binding contracts under applicable law. By using the Service, you represent and warrant that you meet these requirements.
2.2 Account Registration. To use certain features of the Service, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3 Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:
2.4 One Account Per User. You may not create more than one Account per user. Pencive reserves the right to cancel or terminate additional Accounts created by the same user.
3.1 Financial Data Aggregation. Pencive provides a platform for aggregating, organizing, and visualizing financial information from various sources, including Linked Accounts. The Service is designed for personal financial management, tracking, and analysis purposes only.
3.2 Not Financial Advice. THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE. Pencive is not a financial planner, broker, tax advisor, or insurance agent. The Content and Financial Data provided through the Service should not be construed as professional advice. We do not make any guarantees about the accuracy or reliability of any Content or Financial Data available through the Service.
3.3 Third-Party Integration. The Service allows you to connect to financial institutions and other third-party services to import financial information. By using these integrations, you authorize Pencive to access and retrieve your financial information from the designated institutions on your behalf.
3.4 Service Modifications. Pencive reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. You agree that Pencive will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
3.5 Service Availability. We strive to ensure that the Service is available at all times. However, THE SERVICE MAY BE TEMPORARILY UNAVAILABLE DUE TO SCHEDULED MAINTENANCE, SYSTEM UPGRADES, OR OTHER PLANNED OR UNPLANNED DOWNTIME. We do not guarantee uninterrupted access to the Service and shall not be liable for any delays, delivery failures, or other damages resulting from such problems.
3.6 Beta Features. From time to time, we may offer features that are labeled as "Alpha," "Beta," "Preview," "Early Access," or similar designations ("Beta Features"). BETA FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY CONTAIN ERRORS, DEFECTS, BUGS, OR INACCURACIES. You acknowledge that Beta Features may not be fully functional, may be changed or discontinued at any time without notice, and may not operate at the level of performance or compatibility of a final, generally available product. You use Beta Features at your own risk.
4.1 Third-Party Account Authorization. By connecting your financial accounts to the Service, you authorize Pencive to access the Financial Data from these accounts on your behalf. You represent and warrant that you have the right to authorize Pencive to access your Financial Data.
4.2 Credentials. When you link financial accounts to the Service, you may be required to provide credentials (such as usernames and passwords) for these accounts. Pencive may store an encrypted version of these credentials or use a secure third-party service to facilitate access to your Linked Accounts. You acknowledge that Pencive is not responsible for the security practices of the third-party financial institutions you connect to.
4.3 Data Accuracy. While we strive to ensure the accuracy of the Financial Data displayed through the Service, we rely on the information provided by you and your financial institutions. Pencive does not guarantee the accuracy, completeness, or timeliness of any Financial Data displayed through the Service. You are solely responsible for verifying the accuracy of all Financial Data.
4.4 Data Synchronization. The Service periodically synchronizes with your Linked Accounts to update your Financial Data. The frequency and timing of synchronization may vary and is subject to limitations imposed by the third-party financial institutions. Pencive is not responsible for any delays, inaccuracies, or errors in the synchronization process.
5.1 Prohibited Activities. You agree not to engage in any of the following prohibited activities when using the Service:
5.2 Compliance with Financial Institution Terms. Your use of Linked Accounts is also subject to the terms and conditions established by the relevant financial institutions. You are responsible for ensuring that your use of the Service complies with all such terms and conditions.
6.1 Ownership of the Service. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pencive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 License to Use the Service. Subject to your compliance with these Terms, Pencive grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.
6.3 Restrictions. You may not:
6.4 User Content License. By submitting, posting, or displaying Content on or through the Service, you grant Pencive a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. This license is for the purpose of operating, promoting, and improving the Service.
7.1 Privacy Policy. Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you in connection with your use of the Service. By using the Service, you consent to the collection, use, and disclosure of your information as set forth in the Privacy Policy.
7.2 Sensitive Financial Information. Pencive implements appropriate security measures to protect your sensitive financial information. However, you acknowledge that no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.
8.1 Third-Party Services. The Service may integrate with or contain links to third-party websites, services, or resources that are not owned or controlled by Pencive. We do not endorse or assume any responsibility for any such third-party services or content.
8.2 Financial Institution Services. Pencive is not responsible for any services provided by the financial institutions you connect to through the Service. Your relationship with these financial institutions is governed by the terms and conditions you have agreed to with them directly.
8.3 Third-Party Fees. You are responsible for all fees charged by third parties in connection with your use of the Service, including fees charged by financial institutions, internet service providers, and mobile carriers.
9.1 Subscription Services. Certain features of the Service may be available only through a paid subscription. By subscribing to these features, you agree to pay the applicable subscription fees as they become due.
9.2 Billing. We use third-party payment processors to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.
9.3 Subscription Term and Renewal. Subscriptions automatically renew for the same subscription term unless you cancel your subscription before the end of the current subscription period. By subscribing, you authorize us to charge your payment method for the subscription fee at the then-current rate.
9.4 Cancellation and Refunds. You may cancel your subscription at any time through your Account settings or by contacting customer support. If you cancel, your subscription will remain active until the end of the current billing period. Except as required by applicable law, subscription fees are non-refundable.
9.5 Price Changes. We reserve the right to change our subscription fees at any time. If we change the subscription fees, we will provide notice of the change on the Service or by email, at least 30 days before the change takes effect.
10.1 Term. These Terms will remain in full force and effect while you use the Service or maintain an Account.
10.2 Termination by You. You may terminate these Terms at any time by closing your Account and discontinuing use of the Service.
10.3 Termination by Pencive. Pencive reserves the right to terminate or suspend your Account and access to the Service, at our sole discretion, without notice, for any reason, including but not limited to your breach of these Terms.
10.4 Effect of Termination. Upon termination:
10.5 Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.1 AS-IS Basis. THE SERVICE AND ALL CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
11.2 No Guarantees. PENCIVE DOES NOT WARRANT THAT:
11.3 Financial Information Disclaimer. ANY INFORMATION ABOUT FINANCIAL INSTITUTIONS OR THEIR PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. PENCIVE DOES NOT ENDORSE OR RECOMMEND ANY FINANCIAL INSTITUTIONS OR THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE THAT PENCIVE IS NOT A FINANCIAL ADVISOR, BROKER, OR TAX ADVISOR, AND THAT THE SERVICE IS NOT INTENDED TO PROVIDE FINANCIAL, INVESTMENT, LEGAL, OR TAX ADVICE.
12.1 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENCIVE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE, EVEN IF PENCIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENCIVE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE OF THE SERVICE, EXCEED THE AMOUNTS YOU HAVE PAID TO PENCIVE FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PENCIVE, AS APPLICABLE.
12.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PENCIVE AND YOU.
12.4 Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Pencive, its affiliates, officers, directors, employees, consultants, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:
Pencive reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pencive in asserting any available defenses.
14.1 Governing Law. These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions. For any disputes not subject to arbitration, you and Pencive agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.
14.2 Agreement to Arbitrate. YOU AND PENCIVE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL BE DETERMINED BY BINDING ARBITRATION. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE GIVING UP THEIR RIGHT TO LITIGATE DISPUTES IN COURT BEFORE A JUDGE OR JURY.
14.3 Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration will be conducted by a single neutral arbitrator selected in accordance with the AAA Rules. The arbitration will be conducted in the English language and will occur in Delaware or at another mutually agreed location. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.4 Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pencive will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
14.5 Exceptions to Arbitration. Nothing in these Terms will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
14.6 Class Action Waiver. ANY CLAIMS BROUGHT BY YOU OR PENCIVE MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S LIMITATIONS AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST PROCEED IN COURT AND BE SEVERED FROM ANY ARBITRATION.
14.7 30-Day Opt-out Period. You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to legal@pencive.com within 30 days after first accepting these Terms. Your notice must include your name and address, the email address you used to set up your account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of these Terms will continue to apply to you.
15.1 Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices and agreements published by Pencive, constitute the entire agreement between you and Pencive concerning the Service.
15.2 No Waiver. The failure of Pencive to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
15.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect the parties' intention or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
15.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Pencive's prior written consent. Pencive may freely assign or transfer these Terms without restriction.
15.5 Notices. Any notices or other communications provided by Pencive under these Terms will be given by posting to the Service or by email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
15.6 Export Control. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws.
15.7 Force Majeure. Pencive will not be liable for any failure or delay in the performance of its obligations under these Terms that is due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, hurricanes, earthquakes, or other natural disasters, strikes or labor shortages, internet or telecommunication failures or service interruptions, epidemics, pandemics, or other similar events. In the event of such a force majeure event, Pencive may suspend or terminate any or all of its obligations under these Terms.
15.8 No Agency. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Pencive in any respect whatsoever.
15.9 Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
15.10 Copyright Complaints and DMCA Policy. If you believe that any material available on or through the Service infringes upon any copyright you own or control, or that any link on the Service directs users to another website that contains material that infringes upon any copyright you own or control, you may file a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
Our Copyright Agent can be reached at: dmca@pencive.com.
16.1 Updates to Terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
16.2 Continued Use. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.
If you have any questions about these Terms of Service, please contact us at: