BonusMaxx Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and Rainsend Labs LLC, a California limited liability company ("Rainsend Labs," "we," "us," or "our"), and govern your use of the BonusMaxx mobile application, the bonusmaxx.app website, and related services (together, the "Service").

PLEASE READ THESE TERMS CAREFULLY. SECTION 15 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 15.7.

By creating an account, linking a financial account, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. What BonusMaxx Does

BonusMaxx helps you understand which of your credit cards may earn the most rewards for a given purchase, based on your linked accounts, transaction history, and publicly available information about card rewards programs. The Service is read-only: it does not move money, make payments, open accounts, apply for credit on your behalf, or store your bank login credentials.

2. Not Financial Advice

The Service provides informational and educational content only. Nothing in the Service is financial, investment, legal, tax, or credit advice, and no advisor, fiduciary, or similar relationship is created between you and Rainsend Labs. Card recommendations are automated suggestions based on general rewards information and your usage patterns; they may not account for your complete financial situation, including interest rates, fees, credit utilization, or promotional terms. Always verify current terms directly with your card issuer before making financial decisions. You are solely responsible for your financial decisions.

3. Eligibility

You may use the Service only if you are (a) at least 18 years old, (b) a resident of the United States, and (c) using the Service for your own personal, non-commercial use. By using the Service you represent that these things are true and that any information you provide is accurate.

4. Your Account

You are responsible for maintaining the security of your account and the device you use to access the Service, and for all activity under your account. Notify us promptly at noah@rainsendlabs.com if you suspect unauthorized access. We may suspend or terminate accounts as described in Section 13.

You may delete your account at any time from within the app. Account deletion removes your account and associated personal data as described in our Privacy Policy.

5. Linked Financial Accounts and Plaid

To use the Service's core features, you may link financial accounts through Plaid Inc. ("Plaid"). By linking an account, you:

• grant Rainsend Labs and Plaid the right to access and retrieve account and transaction information from your financial institution as your agent, solely to provide the Service;
• acknowledge that your data will be transferred, processed, and stored by Plaid in accordance with the Plaid End User Privacy Policy, which you agree to;
• represent that you are an owner or authorized user of each account you link.

We never see or store your bank username or password; credentials are handled by Plaid and your financial institution. You can unlink accounts at any time in the app, and you can manage or revoke Plaid's access at my.plaid.com.

Your relationship with your bank and card issuers is governed by your separate agreements with them. We are not a party to those agreements and are not responsible for the acts or omissions of any financial institution, Plaid, or card issuer.

6. Rewards Information — No Guarantee of Accuracy

Rewards rates, bonus categories, caps, offer terms, and other card program information displayed in the Service are compiled from third-party and publicly available sources, change frequently, and may be inaccurate, incomplete, or out of date. We do not guarantee that any recommendation identifies the best card for a purchase or that you will earn any particular rewards. Card issuers determine actual rewards earned; their records control.

BonusMaxx is an independent product of Rainsend Labs LLC. We are not affiliated with, endorsed by, or sponsored by any bank, card issuer, or card network. All card names and trademarks are the property of their respective owners and are used for identification only.

7. License and Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. You may not, and may not permit others to:

• copy, modify, distribute, sell, rent, or sublicense the Service or any part of it;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent the law permits despite this restriction;
• access the Service by automated means (scraping, bots) or circumvent any technical limits;
• use the Service to build a competing product, or for any unlawful purpose;
• resell or commercially exploit data obtained through the Service.

All rights in the Service, including software, design, and content (other than your data and third-party marks), belong to Rainsend Labs LLC or its licensors.

8. Feedback

If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

9. Paid Features and Subscriptions

Some features may require a paid subscription. Where subscriptions are offered through the App Store, pricing, billing period, and included features are shown before you buy. Subscriptions renew automatically until cancelled at least 24 hours before the end of the current period; manage or cancel in your App Store account settings. Payments made through Apple are subject to Apple's terms, and refunds are handled by Apple. Except where required by law, payments are non-refundable. We may change prices or features prospectively with notice; changes take effect at your next renewal.

10. Third-Party Services

The Service depends on third-party services (including Plaid, financial institutions, and Apple) and may link to third-party sites, including card issuer sites. You must comply with applicable third-party terms when using the Service (for example, your wireless carrier's and bank's terms). We are not responsible for third-party services or content.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) RAINSEND LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REWARDS, LOST DATA, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF US $100 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law or a third-party provider (such as Plaid or a financial institution), or if we discontinue the Service. Upon termination, your license ends and we will handle your data as described in the Privacy Policy. Sections 2, 6, 7 (other than the license grant), 8, 11, 12, 14, 15, 16, 17, and 20 survive termination.

14. Indemnification

You will indemnify and hold harmless Rainsend Labs LLC and its member, officers, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or your violation of law or third-party rights, except to the extent caused by our own breach of these Terms.

15. Dispute Resolution — Arbitration and Class Action Waiver

Please read this section carefully. It requires most disputes to be resolved through binding individual arbitration, and it waives your right to a jury trial and to participate in class actions. You can opt out (Section 15.7).

15.1 Informal Resolution First

Before filing a claim, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute to Rainsend Labs LLC, 2108 N St., Ste. N, Sacramento, CA 95816, or noah@rainsendlabs.com. We will do the same for disputes with you. If the dispute is not resolved within 60 days of notice, either party may proceed under this Section. Completing this step is a condition to starting arbitration.

15.2 Agreement to Arbitrate

Except as provided in Section 15.3, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court of competent jurisdiction. Arbitration fees will be allocated as provided in the AAA Consumer Rules; if your claim is for less than $10,000 and you cannot afford the filing fee, we will pay it. Arbitration will take place in the county where you live or another mutually agreed location, and may be conducted by videoconference or on written submissions where the rules allow.

15.3 Exceptions

Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property. This Section does not waive your right to seek public injunctive relief in court where California law makes that right non-waivable.

15.4 Class Action Waiver

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder in arbitration.

15.5 Mass Filings

If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree the AAA's rules and fee schedules for multiple/mass filings will apply, and demands will be resolved in staged proceedings (bellwether batches of up to 10) with the remainder tolled until their stage begins.

15.6 Jury Trial Waiver

To the extent any claim proceeds in court, both parties waive the right to a jury trial to the fullest extent permitted by law.

15.7 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver by emailing noah@rainsendlabs.com with the subject "Arbitration Opt-Out," your name, and the email associated with your account (or, if you use the Service without signing in, by sending the opt-out through the app's in-app feedback form), within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

15.8 Severability

If any part of this Section 15 (other than the class action waiver, addressed in 15.4) is found unenforceable, the remainder remains in effect.

16. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and applicable U.S. federal law. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Sacramento County, California, and both parties consent to personal jurisdiction there.

17. Apple App Store Terms

These additional terms apply to the app when downloaded from the Apple App Store:

• These Terms are between you and Rainsend Labs LLC only — not Apple Inc. ("Apple"). Apple is not responsible for the app or its content.
• The license in Section 7 is limited to use on Apple-branded devices you own or control, per the App Store Usage Rules, except that the app may be accessed by other accounts via Family Sharing or volume purchasing.
• Rainsend Labs, not Apple, is solely responsible for maintenance and support of the app. Apple has no obligation to furnish any maintenance or support.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation, and all other claims arising from a failure to conform to warranty are governed by these Terms.
• Rainsend Labs, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection, privacy, or similar claims.
• In the event of a third-party claim that the app or your use of it infringes intellectual property rights, Rainsend Labs, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you.
• You must comply with applicable third-party terms when using the app.

18. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice in the app or by email at least 14 days before the changes take effect (except changes required by law, which may take effect sooner), and update the effective date above. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and delete your account.

19. California Consumer Notice

Under California Civil Code §1789.3: the Service is provided by Rainsend Labs LLC, 2108 N St., Ste. N, Sacramento, CA 95816. Complaints may be directed to that address or noah@rainsendlabs.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

20. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Rainsend Labs regarding the Service. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries except Apple as described in Section 17.

21. Contact

Rainsend Labs LLC 2108 N St., Ste. N Sacramento, CA 95816 noah@rainsendlabs.com