Terms & Conditions

Terms of Service

Last updated: August 1, 2024

Welcome to Expensify! We provide expense management software, invoicing, bill processing, applications and other financial tools and services.

These offerings are provided by Expensify, Inc. ("Expensify", "we", "us", or "our", which include our group and affiliated companies) through an application you download to your mobile device (the "Application") and at www.expensify.com or use.expensify.com or new.expensify.com (collectively, the "Site" and, together with any related software, tools and services provided in connection with the Application or Site, the "Expensify Service").

The following terms and conditions, along with Expensify's Privacy Policy (collectively, the "Terms of Service"), govern your access to and use of the Expensify Service and all Site Content and constitute a binding legal agreement between you and Expensify. These Terms of Service explicitly incorporate herein by reference the following separate program terms, which may apply to your account if you opt in to, are enrolled in, or otherwise use such programs (collectively, the "Program Terms"):

Please read these Terms of Service carefully as they provide important information to you. A few important highlights of these Terms of Service include:

  • Limited Liabilities. You understand that we offer no warranties, and our liabilities are limited (See Section 7).

  • Arbitration and Class Action Waiver. You agree to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action (See Section 8).

  • Communication About New Features and Products. If you provide us with your email address or phone number (or activate your Account using a referred email address), you agree to receive, as applicable, emails, chats, calls and text messages from us with information relating to your Account, new and existing features, product updates and improvements, Expensify and industry news and events, community updates and communications connecting you with other Members and volunteers. (See Section 9).

  • Modification. You understand that we may change these Terms of Service or any portion of the Expensify Service at any time. Your continued use of the Expensify Service constitutes your acceptance of any modified Terms of Service (See Section 10).

By accessing or using the Expensify Service in any way, including browsing the Site, registering for an Expensify Account, downloading the Application or any Application upgrades, using the Application on your mobile device, or by entering into a statement of work with Expensify (a "Statement of Work"), you are indicating that you have read, understand and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you have no right to access or use the Expensify Service or Site Content. If you agree to the Terms of Service and do not agree to any Program Terms, do not use the corresponding Program. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Supplemental Terms for Certain Services. Certain additional services offered as part of the Expensify Service may require you to enter into a separate agreement and/or be subject to additional terms. In the event of any conflict between these Terms of Service and the additional terms, these Terms of Service will control.

1. Using the Expensify Service.

1.1 Who Can Use the Expensify Service?

By accessing or using the Expensify Service, you represent and warrant to Expensify that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the Expensify Service and your parent or guardian has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity as a Corporate Administrator (as defined below), you have the authority to bind that company or legal entity to these Terms of Service. These Terms of Service are void where prohibited by law, and the right to access the Expensify Service is revoked in such jurisdictions. If you do not meet all of these requirements, you must not access or use the Expensify Service.

1.2 Individual Account Registration

In order to access certain parts of the Expensify Service, you must register to create an account ("Account") and become a Member ("Member"). When registering with Expensify as an individual you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Expensify Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Expensify Service (or any portion thereof).

If you connect with a Workspace (as defined below), you hereby understand and agree that the Corporate Member that manages such Workspace has access and a right to the Member Data related to transactions associated with the Workspace (including any Personal Data, as defined in the Privacy Policy) for its internal bookkeeping purposes and payroll purposes, if subscribed to the Payroll Service. A Corporate Member will maintain the following information at a minimum, when you connect with a Workspace: full name, email, phone number, and expense data. You are required to provide credit card information in your Registration Data to access a Workspace and certain other paid features; however, the Corporate Member will not receive or review your payment information provided through the Expensify Service. Any Corporate Member who utilizes the Payroll Service will maintain the information set forth in the Payroll Terms. Please contact the Corporate Member directly for more information about what Personal Data the Corporate Member maintains. Further, in certain circumstances where the Corporate Member has Domain Control, the Corporate Member may have authorization and access to administer certain advanced security settings, including the ability to delete your Account (unless you provide an alternative login not under the Corporate Member's Domain Control), control certain settings, and control how you use the Expensify Service. We will notify you if a Corporate Member enables Domain Control and has a right to view or make changes to the settings in your Account. Where a Corporate Member has also subscribed to Expensify's Payroll Service, the Corporate Member may have access to additional Personal Data as set forth in the Payroll Terms and Privacy Policy.

You may not authorize any third party to access or use the Expensify Service or any payment cards managed through your Account in connection with the Corporate Card Program (a "Card") on your behalf. You are responsible for maintaining the confidentiality of your user ID and password and/or other sign-on mechanism and keeping the Card secure and are fully responsible for all activities that occur under your user ID or password and/or other sign-on mechanism. You agree to immediately notify Expensify of any unauthorized use of your user ID or password and/or other sign-on mechanism or Card, or any other breach of security, and will (if allowed by the Expensify Service) immediately stop using your Card where you know or believe Cards have been compromised or stolen or may be misused. Expensify cannot and will not be liable for any loss or damage arising from any unauthorized use of your Account or Card.

1.4 Workspaces

In order to create an Account on behalf of a company or other legal entity, rather than an individual (a "Corporate Member"), you must register to create an Account as an administrator or policy holder for the Corporate Member (a "Corporate Administrator"). When registering on behalf of a Corporate Member, you agree to: (a) provide true, accurate, current and complete Registration Data about yourself and the Corporate Member, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate the Corporate Member's Account and associated Member Accounts and refuse any and all current or future use of the Expensify Service (or any portion thereof) by Corporate Member and related Members. . Corporate Administrators may appoint other Members as Corporate Administrators on behalf of Corporate Members provided that each Corporate Member shall only have one Corporate Administrator responsible for payments and billing on the Application (the "Primary Corporate Administrator"). Any Corporate Administrator using the Expensify Service via new.expensify.com, may update the Corporate Member Account to include access to additional services. Any such update would trigger a notification to the Primary Corporate Administrator of such change and obligation of the Corporate Member to pay any additional applicable fees as set forth on the Expensify Services.

A Corporate Member's Account may host and administer one or more workspaces incorporating corporate policies, chat features, and intracompany payment features that individual Members can connect with to facilitate transactions on the Expensify Service (a "Workspace"). The Corporate Member acknowledges that individual Members retain ultimate administrative control over their individual Accounts and the Member Data and Member-Generated Content within them, except to the extent a Corporate Member has Domain Control over Accounts.

You may not allow any third party (other than authorized agents of the Corporate Member) to access or use the Expensify Service or the Cards on Corporate Member's behalf. The Corporate Member is responsible for (i) all Member Data and Member-Generated Content posted and activity that occurs under its Account; (ii) maintaining the security of its Account login credentials; and (iii) promptly notifying us upon becoming aware of any unauthorized use of, or access to, the Expensify Service through its Account.

If the Corporate Member is a party to a Statement of Work with Expensify, these Terms of Service shall begin on the effective date of the Statement of Work and, unless terminated as otherwise provided in the Statement of Work, shall continue through the term set forth in the Statement of Work (the "SOW Term") and will automatically renew for a successive one (1) year term following the end of each SOW Term, unless either party notifies the other, not less than ninety (90) days prior to the end of the then current SOW Term, of its intention not to renew.

Either party to a Statement of Work may, by written notice, request any changes, additions, deletions, or modifications to any Statement of Work. No changes to a Statement of Work will be effective until a written amendment has been signed by both parties. If any such change affects the amount due or the time of performance thereunder, the parties shall negotiate in good faith a mutually acceptable appropriate adjustment. In the event of conflict or inconsistency between these Terms of Service and those of any Statement of Work, the Statement of Work shall control.

1.5 Linked Financial Accounts

In order to access certain features of the Expensify Service (such as the Corporate Card Program, Travel, Expensify Invoicing, Karma Program, Expensify's ACH features, or Payroll Service), a Member or a Corporate Member may need to connect its Account or Workspace (as applicable) with (i) one or more accounts that are held with a financial institution, and/or (ii) an account with other third-party payment providers (including a debit card, credit card, checking account or other permitted payment method), each of which are linked to or authorized for use through the Member's or Corporate Member's Account (each, a "Linked Financial Account"). You acknowledge and agree that you have the authority to access and connect a Linked Financial Account to the Expensify Service, and to authorize the initiation of payments, including the initiation of ACH debit or credit entries or necessary adjustments or reversals or check payments, in accordance with any payment instructions provided in connection with your use of the Expensify Service.

Further, to participate in such features, as a Member or a Corporate Administrator, you may be required to provide certain information (including Personal Data as described in our Privacy Policy), which may include the Member or Corporate Member's full name, email, phone number, business information (such as registered business name and state of incorporation for the Corporate Member, the business address, employer identification number, ownership details, actual or anticipated revenue, the nature of the business, and details from Linked Financial Accounts and other business information we may request from time to time), Financial Data (both current and historical), and the name, contact information, and date of birth of individual Members or beneficial owners, the social security number of beneficial owners/controlling officers (requesting users), and documentary information used to verify the business and Personal Data. "Financial Data" means a bank balance, transaction data, and account information accessible to Expensify through Linked Financial Accounts or Third-Party Service Providers (as defined in the Corporate Card Program Terms, as applicable).

1.6 Bill Pay and Invoicing

In order to access Expensify's bill payment and invoice payment features on the Expensify Service (collectively, "Expensify Invoicing"), so you can make payments to third party merchants ("Merchants") or request and receive payments from third party clients ("Clients"), we will require a Member or a Corporate Member, as the case may be, to connect with a Linked Financial Account.

When you provide information about your Merchants and Clients to the Expensify Service, you agree to provide correct and current information, and you represent and warrant that you have obtained all necessary authorizations and consents from the Merchant or Client to share such information. You are solely responsible for verifying the accuracy of all such information. Expensify will have no liability for losses or damages resulting from the accuracy or inaccuracy of the Merchant or Client information.

By agreeing to these Terms of Service and using the check printing feature of Expensify Invoicing, you authorize Expensify or its third-party provider to send checks drawn on your bank account identified in your Account. The accuracy of all the bank account details, account and routing numbers and the address of the Merchant or Client is solely your responsibility. You will be responsible for notifying your financial institution of any voided or cancelled checks, ensuring the bank account associated with Expensify Invoicing is funded, and will be responsible for any fees related to the voiding or cancelling of checks sent by Expensify or its third-party providers on your behalf.

Expensify reserves the right, in our reasonable discretion and without any liability to any Members, Corporate Members, or other third parties, to (i) limit or refuse to make, process or issue any payment initiated or requested through Expensify Invoicing, and (ii) impose limits on the amount of money sent through Expensify Invoicing, on a per transaction or a cumulative basis, and to change those limits at any time. In each case, Expensify will use commercially reasonable efforts to provide notice to the affected Member, but it will not be required to do so. To the extent permitted by law, you grant Expensify the right to apply or set off any money or credit balance in which you have an interest and which is in Expensify's possession, custody or control, in satisfaction of any amounts or liabilities that you owe to Expensify. You acknowledge and agree that you will not use Expensify Invoicing for payment of child support, alimony, taxes or other court-directed or government payments, fines or penalties.

Payment processing services for Members or Corporate Members, as the case may be, on the Expensify platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Expensify Service enabling payment processing services through Stripe, you agree to provide Expensify Service accurate and complete information about you and your business, and you authorize Expensify Service to share it and transaction information related to your use of the payment processing services provided by Stripe.

1.7 Personal Payments

The Expensify Service, via new.expensify.com, allows Members to track informal debts, expenses, and bills, by allowing Members to post debts and payments and notes about who they owe, who owes them and why. You agree that this service is provided as-is and on an as-available basis. You agree (1) that these debts are not legally binding, and represent informal information sharing, (2) that Expensify cannot guarantee the accuracy of information entered by Members or payment from any Members or non-Members for such debts, and (3) any payments made based on the amounts in the personal payments feature on or through third-party platforms, websites or services that are not owned or controlled by Expensify shall be subject to the terms of such third-party platforms, websites, or services. You expressly relieve Expensify from any and all liability arising from (1) any transactions occurring or not occurring via the personal payments feature and (2) your use of any third-party platforms, websites, or services to process any transactions posted in the personal payments feature.

1.8 Third Party Payment Services

Some users will have access to other payment functions of other companies through links on the Site or Application. These links or API integrations will initiate a payment or request by pre-populating some information (such as email address, phone number, amount or notes) as part of payments completed on a third party payment system. You agree to abide by the terms of service of any payment service linked to by Expensify, and you agree that Expensify is in no way responsible or liable for transactions and service provided by a third party linked to or from the Expensify Service.

1.9 Fees and Payment

By establishing an Expensify Account, you agree to the term, pricing, payment, and billing policies set forth (a) herein, (b) on the Site (including our pricing page), (c) in the Application, and/or (d) if applicable, in a separately executed Statement of Work. The use of various offerings within the Expensify Service may be subject to additional terms as set forth on the Site or Application (such additional terms being incorporated herein by reference), including but not limited to expense reporting, SmartScan, certain functionalities of invoices and bill processing, payroll services, Travel Services, functionality within Workspaces, and other services described on the Expensify Service. You acknowledge and agree that you may not access all features of the Expensify Service without providing valid credit card information and agreeing to pay any applicable fees. All fees paid for the Expensify Service are non-refundable and non-transferable except as expressly provided in these Terms of Service or Statement of Work. All fees and applicable taxes, if any, are payable in United States dollars, Pound Sterling, New Zealand Dollar, or Australian Dollar, as applicable. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of Expensify Service and/or any related transactions (except for taxes assessed on Expensify's net income or personal property). If for any reason Expensify pays any such taxes, duties or excises, you will reimburse Expensify for such taxes, duties or excises, other than taxes on Expensify's net income. Expensify reserves the right to change the prices for any service package with fifteen days' notice to you prior to the next billing cycle, unless otherwise set forth in a Statement of Work.

1.10 Term and Termination

The term of your Expensify Service package is as set forth on the Site and/or Application and in your billing account details. If your selected Expensify Service package requires a recurring subscription fee, your Expensify Service package will automatically renew, unless you change your billing settings to month-to-month, we terminate it, or you notify us by email (concierge@expensify.com) of your decision to terminate your current Expensify Service package prior to the end of the term. Expensify shall notify you of an upcoming renewal. You must cancel any automatically renewing Expensify Service package before it renews in order to avoid billing of subscription fees for the next renewal term to your credit card; provided, that you are responsible at the time of cancellation for paying in full all subscription fees accrued up to the date of your cancellation. All fees and charges are nonrefundable, and there are no refunds or credits for partially-used periods. If your Expensify Service package is for a term of 12 months or longer, your subscription is deemed to have begun during the month in which you were first billed by Expensify for the Expensify Service package (or, in the event that a Corporate Member connects additional individual Members to its Workspace or otherwise connects individual Members to its Expensify Service package after beginning its subscription, from the month in which you were first billed for those additional individual Members). If you have executed a Statement of Work, the SOW Term and termination provisions shall be as set forth in such Statement of Work.

If you breach any of these Terms of Service, the Expensify Visa® Commercial Card Program Terms , the Expensify Visa® Commercial Card Agreement, the Corporate Card Program Terms, the Card Agreement, or the Payroll Terms, or violate the rules of an Issuer or Card Network (as defined in the Expensify Visa® Commercial Card Program Terms, or Corporate Card Program Terms), Expensify will have the right to suspend, disable or terminate your Account or Cards or terminate these Terms of Service, at its sole discretion and without prior notice to you. Expensify reserves the right to revoke your access to and use of the Expensify Service or to terminate any Statement of Work at any time, with or without cause. In the event Expensify terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder and you authorize Expensify to charge any payment method on record to pay for such outstanding amounts.

If you are party to a Statement of Work, you may terminate your obligations under these Terms of Service (a "Termination for Cause") in the event Expensify fails to perform or observe any material term or condition under these Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.

Furthermore, while Expensify strives to support a multitude of business and organization types, in certain unique situations, if Expensify cannot support Member's participation in the Payroll Service, Expensify may immediately terminate the Payroll Service upon written notice to Member.

1.11 Privacy

See Expensify's Privacy Policy for information and notices concerning Expensify's collection and use of your personal information.

2. Special Offerings on the Expensify Service.

Corporate Card Program. As part of the Expensify Service, individual Members may elect to receive a Card (which may require approval of a Corporate Member if such Card is connected to a Workspace), along with other related programs provided by Expensify from time to time (the "Corporate Card Program"). If you participate in the Corporate Card Program as an individual Member or a Corporate Member, you are subject to the Expensify Visa® Commercial Card Program Terms, Expensify Visa® Commercial Card Agreement, Corporate Card Program Terms and the Card Agreement.

Concierge. Expensify operates a virtual personal assistant known as Concierge that helps with support, customer questions, and other services via email or the chat feature in a Member's Account, as described in more detail on the Expensify Service ("Virtual Assistant Services").

Concierge may utilize data models trained by machine learning ("Concierge AI") as well as third party providers of Virtual Assistant Services, including but not limited to, OpenAI, L.L.C (collectively, "Suppliers"). You may provide content to Concierge to be processed by Concierge AI ("Input"), and receive output generated and returned by Concierge AI based on the Input ("Output"). When you use Concierge AI, Input is your Member-Generated Content. You are solely responsible for the development, content, operation, maintenance, and use of your Member-Generated Content. You will ensure that your Input and use of Concierge AI and use of Output will not (i) violate any applicable law; (ii) violate these Concierge Terms, the Expensify Terms, or our Privacy Policy, or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Concierge AI features, Output may not be unique, accurate, or complete, and Concierge AI may generate the same or similar Output for other Members, to Expensify, or a third party.

If you use Concierge to book any Virtual Assistant Services, you are authorizing Concierge to act as your agent in any such Virtual Assistant Services performed on your behalf and at your behest. Any cancellation or changes to your access of Concierge may incur fees and such fees will be your responsibility alone, except as otherwise set forth herein.

If you choose to use Concierge, you may not use it in a manner that violates any OpenAI Policy.

Travel. Expensify provides access to a travel platform that allows Members and Corporate Members to book reservations and other services as described on the Site. The Travel Platform is provided by Spotnana Technology, Inc. ("Spotnana") and is subject to the Spotnana Terms of Service (the "Spotnana Terms"), which are incorporated herein and into the Travel Terms. You agree to be bound by the Spotnana Terms (in addition to the Travel Terms), as the same may be modified from time to time. As a condition of the Expensify Service enabling Travel Services and the Travel Platform through Spotnana, you agree to provide accurate and complete information about you and your business, and you authorize the Expensify Service to share such information and transaction information related to your use of the Travel Services and Travel Platform provided by Spotnana. Pricing for use of the Travel Services is available in the Travel Terms and on the Travel Platform at the point of sale. The Spotnana Terms do not apply to any other section of these Terms of Service. In the event of a conflict between these Terms of Service and the Spotana Terms, these Terms of Service shall control except to the extent applicable to acts or omissions of Members and Corporate Members with respect to Travel Services.

Karma Program. As part of the Expensify Service, we provide a charitable offset program and feedback loop for (i) all participants in the Corporate Card Program, who automatically receive Karma Points with each purchase on the Card, (ii) Corporate Members whose Corporate Administrators choose to participate in the Corporate Karma Program and all of the Members under such Workspace, and (iii) Members who choose to participate via the Personal Karma Program (collectively, the Personal Karma Program and Corporate Karma Program are referred to as the "Karma Program," and the participants listed in (i) through (iii) above, the "Karma Participants"). If you are a Karma Participant in the Karma Program, then you are subject to the Karma Program Terms, and you acknowledge and agree that your name and chosen login credentials (e-mail address or phone number, depending on your chosen registration method) may be shared with volunteers in the Karma Program and other Members who are part of the Karma Program. As part of the Karma Program, you agree to receive emails, texts and/or chats regarding the Karma Program from Expensify, Karma Program volunteers and other participants in the Karma Program. You also agree to receive instructions on how to use other Expensify functions to provide alternate forums for communications regarding the Karma Program.

Lounge(s). As part of the Expensify Service, individual Members may choose to visit the Expensify Lounge, when and where available, where Members can access community workspaces and free Wifi (defined below) along with complimentary drinks and snacks available to Members and their guests. If you choose to visit the Expensify Lounge as an individual Member, you must abide by the following rules:

  • You must be at least 21 years of age or be accompanied by an adult who is at least 21, and be able to provide a valid government-issued photo ID (such as a driver's license, passport or military ID).

  • You may bring up to one (1) guest with you to the Expensify Lounge for any visit.

  • Food and alcoholic beverages may not be brought into Lounge locations.

  • Food and beverage is provided for consumption and use in the Lounge and may not be removed. Alcoholic beverages will not be served to anyone under 21 years old or to anyone obviously intoxicated as determined in the server's sole discretion.

  • Expensify reserves the right to modify pricing, benefits, services, hours, Lounge locations at any time with or without written notice to its Members.

  • Expensify considers an individual Member's or their guest's use of the Expensify Lounge as an acceptance of these rules and with respect to any guest, an acceptance of these Terms of Service.

  • Free Wifi Terms and Conditions. By using our Internet service (the "Wifi"), you hereby expressly acknowledge and agree to the following:

    • Expensify may revise these terms and conditions at any time. It is your responsibility to review them for any changes each time you access the Wifi. We reserve the right at all times to withdraw the Wifi, change the specifications or manner of use of the Wifi, to change access codes, usernames, passwords and/or other sign-on mechanisms, or other security information necessary to access the Wifi.

    • By using our Internet service (the "Wifi"), you hereby expressly acknowledge and agree that there are significant security, privacy, and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer. Accordingly, you agree that Expensify is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Wifi provided. Expensify reserves the right to monitor and collect information while you are connected to the Wifi in order to provide the Wifi and ensure its quality. Nevertheless, we do not guarantee the Wifi or specific rates of speed. We also have no control over information obtained through the Internet and cannot be held responsible for its content or accuracy.

    • We are not liable for any damage, undesired resource usage, or detrimental effects that may occur to your device and/or software while your device is attached to the Wifi. You are responsible for any actions taken from your device, whether intentional or unintentional, that damage or otherwise affect other devices or users of the Wifi. You hereby release Expensify from liability for any loss, damage, security infringement, or injury which you may sustain as a result of being allowed access to the Wifi. You agree to be solely responsible for any such loss, infringement, damage, or injury.

    • The Wifi may only be used for lawful purposes and in a manner which we believe to be consistent with the rights of other users. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, Expensify reserves the right to permanently disconnect the offending device from the wireless network.

    • The Wifi shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity. The Wifi shall not be used for the purpose of accessing, transmitting, or storing material which is considered obscene, libelous or defamatory. Illegal acts may subject you to prosecution by local, state, federal, or international authorities. We may bring legal action to enjoin violations of these terms and conditions and/or to collect damages, if any, caused by violations.

    • You will run appropriate anti-virus software to remove such damaging software from your computer.

    • You will use the Wifi only as permitted by applicable local, state, federal, and international laws. You will refrain from any actions that we consider to be negligent or malicious.

ACH Terms. Corporate Members in the United States may link a business bank account to initiate reimbursement payments or otherwise participate in Expensify Invoicing or other payment-related services via the Automated Clearing House (ACH) Network. For more information and to review the Agreement for ACH Services, visit Expensify's ACH Terms.

Payroll Terms. Corporate Members in certain states can elect to enroll in Expensify's Payroll Service as part of their standard monthly subscription. As part of this service, Expensify will act as the Corporate Member's payroll provider. Members whose Corporate Member enrolls in Expensify's Payroll Service give Expensify permission to obtain, verify, and record information that identifies the individual who creates an Account, is the intended user of an Account, or accesses the Payroll Service. Expensify may ask for Member's name, address, date of birth, social security number, and other information that will allow Expensify to identify Member. Expensify may also ask to see Member's driver's license or other identifying documents. Member consents to and authorizes Expensify to obtain credit reports about Member's business, and to report adverse credit information about Member's business to others, including but not limited to the Internal Revenue Service and any applicable state taxing authorities. Expensify may, at its discretion, decline to offer the Payroll Service for any reason, including in the event that the Payroll Service enrollment process is not satisfactorily completed, Expensify is unable to verify satisfactory credit of Member's business, and/or for other lawful business reasons.

For more information on the Payroll Service and to review the Payroll Terms, visit Expensify's Payroll Terms.

2.1 Referral Program

Expensify offers a referral program for its Corporate Members and individual Members who pay for an Expensify membership (each, an "Eligible Member" and such program the "Referral Program"), as set forth below and in more detail on the Referral Program Page. To be eligible for a Referral Fee (as defined on the Referral Program Page), an Eligible Member must abide by the following terms and conditions:

  • Referral Fee Payment. Expensify shall pay to an Eligible Member a Referral Fee for each Successful Referral (as defined on the Referral Program Page). Any valid, earned Referral Fee shall be paid to Eligible Member within a reasonable time via wire, check, or other means as determined by Expensify in its sole discretion. With appropriate documentation, Referral Fees may be adjusted for any refunds, returns, or payment failures, with right of setoff by Expensify against other Referral Fees owed by Expensify to Eligible Member.

  • Fee Restrictions. For the avoidance of doubt, to earn the Referral Fee, the new Member must comply with the terms and conditions set forth on the Referral Program Page. Additionally, to the extent a referral from an Eligible Member has had an Account with Expensify within the six (6) months prior to opening a new Paid Member Account, then Eligible Member shall not be entitled to any Referral Fee hereunder. Notwithstanding anything to the contrary contained herein, Expensify shall not be required to enter into any agreements with the parties referred by an Eligible Member.

  • Taxes. Each party shall be responsible for and pay any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales taxes, use taxes, and value added taxes) resulting from its own activities related to referrals.

  • Expensify reserves the right to modify the Referral Fee, any fee restrictions, and the Referral Program at any time with or without written notice.

  • If you choose to use our referral service to tell a friend about Expensify, or if, as a Corporate Administrator, you refer an employee or other authorized service provider to connect with your Workspace (each such individual, a "Referred Party"), you must seek consent of the Referred Party so that Expensify may use their name and email address to contact them about the Expensify Service. By providing us with the Referred Party's name and email address, you warrant that the Referred Party consents to such contact. If you were referred by a friend or a Corporate Administrator, and you activate an Account, you hereby agree that Expensify may use such Personal Data as if you had directly provided it to Expensify, which such Personal Data will be governed by the Privacy Policy.

2.2 Expensify.org

Expensify.org is a California nonprofit public benefit corporation that provides a platform for individuals and entities to donate funds to various charitable initiatives and be reimbursed for expenses related to volunteer activities, along with other related services. Please visit Expensify.org to review the Terms of Service.

2.3 Links to Third-Party Websites

The Expensify Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Expensify. You acknowledge and agree that Expensify has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Expensify of such websites or resources or the Content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Expensify shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Expensify Service or Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Expensify from any and all liability arising from your use of any third-party website or services or third-party Content.

3. Your Content.

3.1 Content Generally

"Content" shall mean any text, graphics, photos, music, software, audio, video, information, or other materials. Content shall be "Expensify Content" if Expensify makes such Content available through the Site or Expensify Service, including any Content licensed to Expensify from a third party, but excluding Member-Generated Content (as defined below). "Site Content" shall refer to all Expensify Content and Member-Generated Content.

3.2 Member Data

Subject to the section below labeled "Member Data Shared with Workspaces", each individual Member shall retain all right, title and interest in and to (a) all Content transmitted by or on behalf of an individual Member to Expensify, Issuers, Card Networks, or Third-Party Service Providers (as defined in the Corporate Card Program Terms or Payroll Terms, as and if applicable), in connection with its use of the Expensify Service and (b) reports and other materials generated by the Expensify Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to Expensify a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the Expensify Service solely for purposes of: (x) maintaining and improving the Expensify Service and (y) providing Member with access to and information about customized features, new functionality, partner integrations, special product offers and promotions, newsletters, personal interest pieces, interests for the Expensify community, events, elections, and campaigns, and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the Expensify Service compiled by Expensify solely for marketing purposes, research purposes, or data analysis. Notwithstanding the foregoing, if you connect with a Workspace or otherwise submit an expense report or payroll information to a Corporate Member or any other Member, that Corporate Member or other Member also has right and title to the Member Data necessary for their internal bookkeeping or payroll purposes, subject to the license to Expensify set forth above.

3.3 Member Data Shared with Workspaces

Notwithstanding the foregoing, if you connect with a Workspace or otherwise submit an expense report or payroll information to a Corporate Member or any other Member, that Corporate Member or other Member also has right to use, access, store, and copy the Member Data necessary for their internal bookkeeping purposes, subject to the license to Expensify set forth above in the section below labeled "Member Data."

3.4 Corporate Member Art

Corporate Member shall retain all right, title and interest in and to all of Corporate Member's logos, promotional graphics and related marketing designs (collectively, the "Corporate Member Art"), provided, however, that Corporate Member hereby grants to Expensify a worldwide, royalty-free, non-exclusive license to use the Corporate Member Art, as well as Corporate Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Expensify's products and services to third parties, subject to Corporate Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).

3.5 Member-Generated Content

As part of the Expensify Service, Expensify may allow a Member to post, upload, publish, submit or transmit Content to Expensify, to other Members, or to non-Members, via the Expensify blog, social features, direct messaging, group messaging, e-mail or chat features (hereafter collectively referred to as "Expensify Chat"), or at various other publicly available locations on the Expensify Service ("Member-Generated Content"). These public forums may be hosted by Expensify or by one of our third-party service providers on our behalf. You expressly acknowledge and agree that we may share your Member-Generated Content with third party services, including but not limited to OpenAI, L.L.C. ("OpenAI") and Spotnana, and that we expressly disclaim any and all liability in connection therewith. You agree in posting Member-Generated Content to follow certain rules, including the Acceptable Use Policy and Content Standards, and understand and agree that if you do not follow the Acceptable Use Policy and Content Standards, your Member-Generated Content may be flagged and handled in accordance with our Enforcement Policy (the Acceptable Use Policy and Content Standards and Enforcement Policy are set forth in Section 6 below). You are responsible for all Member-Generated Content you submit, upload, send via SMS or other messaging tool, post or store through these areas of the Expensify Service. You grant Expensify, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide, license to use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works and authorize Expensify to enforce any unauthorized use or reproduction of any Member-Generated Content provided through your use of the Expensify Service. Archive your Member-Generated Content frequently. You are responsible for any lost or unrecoverable Member-Generated Content. You must provide all required and appropriate warnings, information and disclosures. Expensify is not responsible for the Content or data you submit through the Expensify Service. When you provide Member-Generated Content for use with AI Functions, you may receive responses generated and returned by the AI Functions ("AI Content"). You authorize Expensify and its third-party providers to process your Member-Generated Content to provide you with AI Content. You agree that Expensify may use subprocessors to conduct the AI Functions that will generate AI Content to you.

"AI Functions" is defined as features and capabilities offered as part of the Services that utilize artificial intelligence, machine learning or similar technologies developed by third-party providers. Such third party providers exclusively own all right, title, and interest in and to the AI Functions, including all associated intellectual property rights.

You represent and warrant that: (i) you own or control all rights in and to the Member-Generated Content that you post and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) all of your Member-Generated Content does and will comply with these Terms of Service.

4. Expensify Content.

4.1 License Granted by Expensify

Subject to your compliance with these Terms of Service, Expensify grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, with respect to an Application accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) (an "App Store Sourced Application"), you will only use the App Store Sourced Application as permitted by any usage rules set forth in the in the applicable app store's terms of use. Expensify reserves all rights in the Application not expressly granted to you by these Terms of Service. See also the section herein titled "Accessing and Downloading the Application from App Provider."

4.2 Confidentiality

The term "Confidential Information" shall mean any and all of Expensify's trade secrets, confidential and proprietary information and all other information and data of Expensify that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Expensify's business, operations and properties, including information about Expensify's users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information is a valuable, special and unique asset of Expensify and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Expensify in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Expensify upon termination of this Agreement for any reason whatsoever.

4.3 Ownership

Expensify shall own and retain all right, title, and interest in and to the Expensify Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy (including capturing screenshots), alter, modify, or create derivative works of the Expensify Service or otherwise use the Expensify Service in any way that violates the use restrictions contained in these Terms of Service. Expensify does not grant to Member any license, express or implied, to the intellectual property of Expensify or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Expensify Service is considered Confidential Information of Expensify.

4.4 Expensify Logos and Designs

Expensify's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Expensify in the U.S. and/or other countries. Expensify's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Expensify's prior written permission.

5. Digital Mililennium Copyright Act Notices

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Expensify Service, please notify Expensify's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work that you claim is being infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on the Services;

  4. Information reasonably sufficient to permit Expensify to contact you, such as your address, telephone number, and email address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Expensify's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Attention: Copyright Agent
Expensify, Inc.
401 SW 5th Ave
Portland, OR 97204
legal@expensify.com

For clarity, only DMCA notices should go to the Expensify, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Expensify via concierge@expensify.com.

6. Acceptable Use Policy and Content Standards; Enforcement Policy.

As part of your use of the Expensify Service, you agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any Member Data or Member-Generated Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, indecent, abusive, hateful, inflammatory, vulgar, offensive or otherwise objectionable; (v) promotes sexually explicit or pornographic material, or discrimination, bigotry, racism, hatred, harassment or harm against any individual or group including but not limited to race, sex, religion, nationality, disability, sexual orientation, or age; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances or advocates, promotes or assists any unlawful act; (viii) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; (ix) is likely to deceive any person, or impersonate any person, or misrepresent your identity or affiliation with any person or organization; (v) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, marketing, or advertising; (vi) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or (vii) is, in Expensify's sole discretion, objectionable or exposes Members to harm or liability;

  2. Use, display, screenshot, copy, upload, transmit, mirror or frame the Expensify Service, or any individual element within the Expensify Service, Expensify's name, any Expensify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Expensify's express written consent;

  3. Access, tamper with, or use non-public areas of the Expensify Service, Expensify's computer systems, or the technical delivery systems of Expensify's providers, or otherwise attempt to do any of the foregoing;

  4. Attempt to probe, scan, or test the vulnerability of any Expensify system or network or breach any security or authentication measures;

  5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Expensify Service or staff member of Expensify;

  6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Expensify or any of Expensify's providers or any other third party (including another user) to protect the Expensify Service or Site Content;

  7. Attempt to access or search the Expensify Service or Site Content or download Site Content from the Expensify Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Expensify or other generally available third party web browsers;

  8. Send any unsolicited or unauthorized advertising, promotional materials, email, SMS, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Expensify Service, marketing texts, or any texts to the mobile or other phone numbers of people you do not know, with whom you do not have an existing business relationship, or from whom you have not received consent to such contact)(standard text messaging and/or data rates from your wireless service provider may apply);

  9. Use or disclose any Confidential Information of Expensify, except as otherwise explicitly set forth herein;

  10. Use any meta tags or other hidden text or metadata utilizing an Expensify trademark, logo URL or product name without Expensify's express written consent;

  11. Use the Expensify Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

  12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Expensify Service or Site Content to send altered, deceptive or false source-identifying information;

  13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Expensify Service or Site Content;

  14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, Trojan horses, worms, logic bombs, overloading, flooding, spamming, or mail-bombing the Expensify Service or otherwise introduce other material that is malicious or technologically harmful;

  15. Collect or store any personally identifiable information from the Expensify Service from other users of the Expensify Service without their express written permission or as otherwise provided for in these Terms of Service;

  16. Impersonate or misrepresent your affiliation with any person or entity;

  17. Violate any applicable law or regulation

  18. Violate the Telephone Consumer Protection Act and its do-not-call list provisions;

  19. If you are affiliated with a Corporate Member, use the Expensify Service or Site Content in violation of such Corporate Member's data retention or legal hold policies;

  20. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Expensify or Members, or expose them to liability;

  21. Violate any applicable law, rule, or regulation, or the National Automated Clearing House Association Operating Rules, as they may be amended from time to time (as amended, the "NACHA Rules"); or

  22. Encourage or enable any other individual or entity to do any of the foregoing.

Expensify will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Expensify may involve and cooperate with law enforcement authorities and other third parties as appropriate in prosecuting or taking other related legal actions regarding Members or other users who violate these Terms of Service or violate laws including intellectual property rights or violations of privacy rights. You acknowledge that Expensify has no obligation to monitor your access to or use of the Expensify Service, or to review, edit, or delete any Member Data or Member-Generated Content, but it has the right to do so for the purpose of operating the Expensify Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 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. You further acknowledge and agree that if Expensify determines in its sole discretion that your use of the Expensify Service is in violation of these Terms of Service, Expensify may terminate your use of the Expensify Service or restrict your access (temporarily or permanently) to certain features of the Expensify Service. If you print, copy, modify, download, screenshot, post or otherwise use or provide any other person with access to any part of the Expensify Service in breach of the Terms of Service, you must, at our option, return, takedown or destroy any copies, uploads, screenshots, posts, or other disclosures of the materials you have made. Any use of the Expensify Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. Enforcement Policy

If Expensify determines that you have violated our Acceptable Use Policy and Content Standards, Expensify may, among other remedies, flag your Member Content, restrict your access, or terminate you as a Member. We use a combination of technology (including technology provided by OpenAI), notifications from other Members, and human review teams to detect and review potentially violating Member Content.

If an Expensify Member identifies potentially violating Member Content to Expensify (each identification, a "Flag", and each such Member, a "Reporter"), you agree and acknowledge that the process set forth in our Community Guidelines will be followed.

Members will receive confirmation if their Flag was successful, and, for those decisions that require review, Expensify will inform them of the enforcement decision (whether their Flag was upheld or rejected). Reporters will remain anonymous in all cases except for Expensify Chats that are direct messages and receive a Flag, where anonymity would be impossible. Members whose content receives a Flag will also be notified of the decision once it is made.

8. Liability Matters and Indemnification.

PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF EXPENSIFY TO YOU. YOUR USE OF THE EXPENSIFY SERVICE IS AT YOUR OWN RISK.

8.1 Disclaimers

THE EXPENSIFY SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPENSIFY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EXPENSIFY MAKES NO WARRANTY THAT THE EXPENSIFY SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPENSIFY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, EXPENSIFY SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE EXPENSIFY SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE EXPENSIFY SERVICE. EXPENSIFY DOES NOT WARRANT THE RESULTS OF USE OF THE EXPENSIFY SERVICE, AND USERS OF THE EXPENSIFY SERVICE ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. USERS OF THE EXPENSIFY SERVICE SHOULD NOTE THAT IN USING THE EXPENSIFY SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE NOT UNDER EXPENSIFY'S CONTROL (SUCH AS THIRD-PARTY SERVERS AND THE INTERNET). EXPENSIFY MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPENSIFY OR THROUGH THE EXPENSIFY SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE EXPENSIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE. YOU UNDERSTAND THAT EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, EXPENSIFY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE EXPENSIFY SERVICE, NOR DOES EXPENSIFY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE EXPENSIFY SERVICE. EXPENSIFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE EXPENSIFY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE EXPENSIFY SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE EXPENSIFY SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

SMS NOTIFICATIONS OFFERED THROUGH THE EXPENSIFY SERVICE AND NEW.EXPENSIFY.COM ARE OFFERED ON AN "AS-IS" BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER. EXPENSIFY WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY MOBILE MESSAGES CONNECTED WITH THE SMS NOTIFICATION PROGRAM. DELIVERY OF SMS MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF OUR CONTROL. STANDARD TEXT MESSAGING AND/OR DATA RATES FROM YOUR WIRELESS PROVIDER MAY APPLY.

EXPENSIFY DOES NOT MAKE ANY WARRANTY REGARDING THE RESULTS OBTAINABLE FROM USING AI FUNCTIONS OR THE ACCURACY OR SUITABILITY FOR YOUR NEEDS OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, MATERIALS, CONTENT, DESIGNS, OR OTHER DATA) OBTAINED THROUGH AI FUNCTIONS. YOU UNDERSTAND AND AGREE THAT ANY SUCH INFORMATION OBTAINED THROUGH USING AI FUNCTIONS IS AT YOUR SOLE RISK. DO NOT RELY ON FACTUAL ASSERTIONS IN AI OUTPUT WITHOUT INDEPENDENT FACT-CHECKING. DO NOT RELY ON INFORMATION, CONTENT, MATERIALS, OR DESIGNS IN AI OUTPUT WITHOUT INDEPENDENT REVIEW FUNCTIONALITY AND SUITABILITY FOR YOUR NEEDS. NO SUCH INFORMATION, SUGGESTIONS, OR OUTPUT, OBTAINED BY YOU FROM EXPENSIFY OR THROUGH AI FUNCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8.2 Third Party Disputes.

Expensify is not affiliated with any other Member, Corporate Member, Merchant, Client, third-party service provider affiliated with your Linked Financial Account, or other third-party service, and any dispute you have with any such third party arising from your use of the Expensify Service, including, without limitation, your employer or your service provider, is directly between you and such third party, and you irrevocably release Expensify (and our directors, officers, subsidiaries, affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Expensify will not, and will not attempt, to reverse or otherwise recover any payment or transaction that is subject to a bona fide dispute.

8.3 Indemnity

You agree to defend, indemnify, and hold Expensify, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Expensify Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Expensify's intellectual property rights, your violation of the NACHA Rules, any claim by a third party that the Member Data or Corporate Member Art infringes such third party's intellectual property rights, any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., or similar state or federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.

Expensify will defend, indemnify and hold you (and in the case of a Corporate Member, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys' fees), resulting from any claim, suit, action or proceeding alleging that the Expensify Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.

8.4 Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE EXPENSIFY SERVICE AND SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER EXPENSIFY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EXPENSIFY SERVICE OR SITE CONTENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, EXPENSIFY SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR EXPENSIFY SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF EXPENSIFY SERVICE OR FROM THE USE OF OR INABILITY TO USE THE EXPENSIFY SERVICE OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE EXPENSIFY SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE EXPENSIFY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXPENSIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EXPENSIFY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE EXPENSIFY SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO EXPENSIFY FOR USE OF THE EXPENSIFY SERVICE OR SITE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPENSIFY AND YOU. 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.

9. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND EXPENSIFY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND EXPENSIFY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Site, the Terms of Service, or the Expensify Service, you will contact us at concierge@expensify.com and you and Expensify will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a "Dispute" as defined below. Except for the right to seek injunctive or other equitable relief described under the "Binding Arbitration" section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

9.1 Binding Arbitration

You and Expensify agree that any dispute, claim or controversy arising out of or relating to the Site, the Terms of Service or your use of the Expensify Service including the determination of the scope or applicability of this agreement to arbitration (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction, including but not limited to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights or other provisional relief as specified in the Expensify Corporate Card Program Terms or ACH Terms if you opt into, are enrolled in, or otherwise use these programs. This means that you and Expensify both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Expensify in "small claims" court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

9.2 Class Action Waiver

You and Expensify agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Expensify both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Expensify agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.

9.3 Arbitration Administration and Rules

Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Service to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award and other orders for interim relief may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, except as modified by this "Dispute Resolution' section. (Please see the JAMS Streamlined Rules and Procedures or call JAMS at 1-800-352-5267).

9.4 Arbitration Process

A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from JAMS's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with JAMS Rules.

9.5 Arbitration Location and Procedure

Unless you and Expensify agree otherwise, the seat of the arbitration shall be in San Francisco, California. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Expensify submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by JAMS Rules. Subject to JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

9.6 Arbitrator's Decision and Governing Law

These Terms of Service and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16) and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the JAMS Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.

9.7 Fees

Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the JAMS Rules.

10. Communications.

10.1 Communication with Expensify

You verify that any contact information provided to Expensify, including, but not limited to, your e-mail address, mobile phone number and mailing address (if required) is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Expensify. You acknowledge that by voluntarily providing your telephone numbers to Expensify, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, chat messages, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Expensify relating to this Agreement, any transaction with Expensify, matters related to your Account, and promotions from Expensify. These communications may be made by or on behalf of Expensify, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that Expensify will not be responsible for these charges. Expensify will use your primary login credentials (email address and/or mobile phone number, depending on your chosen registration method) to send you operational communications concerning your Account, updates concerning new and existing features on the Expensify Service, notifications about product updates and improvements, company and industry news and events, updates from our community, regarding and administering programs that you or the Corporate Member have enrolled in, and communications connecting you with other Members and volunteers of Expensify.org, if applicable.

10.2 SMS Notifications

  1. Members can opt in to receive notifications from Expensify via SMS by adding their phone number as their primary login.

  2. The Expensify Service, via new.expensify.com, also offers a mobile messaging program that allows Members to send an SMS to a non-Member via new.expensify.com. Non-Members will have the ability to respond to an SMS directly from their mobile devices. Expensify will create a closed account for such recipients who receive an SMS from a Member solely to allow the Non-Member to communicate with the Member. Standard text messaging and/or data rates from your wireless service provider may apply.

  3. Members and Non-Members can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us or that number. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.

  4. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by emailing concierge@expensify.com.

  5. Carriers are not liable for delayed or undelivered messages.

  6. As always, message and data rates may apply for any messages sent to you from us, Members or Non-Members, and to us, Members or Non-Members from you. Messaging frequency from us can be adjusted in your Expensify account under Contact Preferences. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

  7. If you have any questions regarding privacy, please read our privacy policy athttps://www.expensify.com/privacy

10.3 Recording of Telephone Calls and Screen Contents

You understand and agree that Expensify may, in its sole discretion, itself or using a third-party service, monitor and record telephone calls between you and its employees, contractors or agents, as well as the contents of your device screen during such telephone calls for purposes of quality control and for Expensify's own protection. In the case of the bank account validation process, Expensify, via Aircall, will always record telephone calls to your bank for bank verification for purposes of training, quality control, fraud prevention, and for Expensify's own protection. If you do not consent to the monitoring and recording of telephone calls by Expensify, your only remedy is not to engage with Expensify by means of a telephone call. If you do not consent to the monitoring and recording of the contents of your device screen by Expensify, you may decline to share your screen with Expensify when your consent is requested in the Expensify Service.

10.4 Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Expensify Service ("Feedback"). You may submit Feedback by emailing us at concierge@expensify.comor through the "Help" section of the Expensify Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of Expensify and you hereby irrevocably assign to Expensify and agree to irrevocably assign to Expensify all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Expensify's request and expense, you will execute documents and take such further acts as Expensify may reasonably request to assist Expensify to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

11. General Provisions.

11.1 Modification

Expensify reserves the right, at its sole discretion, to modify, discontinue or terminate the Expensify Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Expensify Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Expensify Service.

11.2 Controlling Law and Jurisdiction

This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in San Francisco, California for any actions for which the arbitration provision, as set forth in Section 8, does not apply.

11.3 Export Control

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported to, or otherwise used in connection with: (a) any country or territory subject to comprehensive U.S. sanctions (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine); or (b) parties owned or controlled directly or indirectly by a person or persons that are (i) the target of U.S. sanctions or restrictive export controls maintained by the U.S. Department of Treasury's Office of Foreign Asset Control ("OFAC"), the U.S. Department of Commerce, or the U.S. Department of State (collectively, "Sanctions"), including parties on the Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Person's List or Entity List; or (ii) operating, organized, or resident in any United States embargoed country (collectively, a "Prohibited Person"). By using the Application, you represent and warrant that (i) you are not located in a country or territory that is subject to comprehensive U.S. sanctions, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not a Prohibited Person. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

11.4 Accessing and Downloading the Application from App Provider

The following applies to any Application accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:

  1. These Terms of Service are concluded between you and Expensify only, and not the App Provider. Expensify, not the App Provider, is solely responsible for the App Store Sourced Application and content thereof.

  2. The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Expensify and the App Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Expensify.

  4. As between Expensify and the App Provider, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  5. In the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Expensify and the App Provider, Expensify, not the App Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

  6. The App Provider, and the App Provider's subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

  7. Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

11.5 Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between Expensify and you regarding the Expensify Service and Site Content, and these Terms of Service, along with any additional terms referenced herein, including any Statement of Work, if applicable, supersede and replace any and all prior oral or written understandings or agreements between Expensify and you regarding the Expensify Service.

11.6 Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Expensify's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Expensify may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

11.7 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Expensify (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

11.8 Survival

In the event that your Account is terminated by you or by Expensify for any reason, any licenses granted herein shall terminate, but your obligations described herein under the Sections titled "Fees and Payment," "Intellectual Property," "Confidentiality," "Disclaimers," "Indemnity," and "Limitation of Liability," as set forth herein, as well as any obligations of yours set forth in the Privacy Policy shall survive any termination or expiration of your use of the Expensify Service or any agreement, including a Statement of Work, between you and Expensify, and you will not be entitled to receive any refunds for any prepaid amounts in the event of any early termination.

11.9 General

The failure of Expensify to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Expensify. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

11.10 Contacting Expensify

If you have any questions about these Terms of Service, please contact Expensify at concierge@expensify.com or 401 SW 5th Ave., Portland, OR 97204. You acknowledge and agree that when contacting Expensify, whether by email, chat, or otherwise, you will not include any personally identifiable information, other than name and/or contact information, as necessary, in your communications, and that if such information is included in your communications with Expensify, Expensify will have no legal obligation or liability with regard to such information.

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