Terms

By accessing this web site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in or accessible within the Web Site, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trade mark law.

Terms

By accessing this web site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in or accessible within the Web Site, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trade mark law.

Modify or copy the materials

Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

Attempt to decompile or reverse engineer any software contained on the Web Site;

Enter contracts binding upon you;

Act in any way necessary to accomplish the goal of obtaining lower rates for your monthly bills subject to any instructions provided in advance to BillTrim by You in writing.

Description of the Service

* What the Service Does

BillTrim will work to negotiate the best possible rate(s) for the bill(s) you provide to us and on which it agrees to negotiate. Where BillTrim and its authorized agents cannot reduce your monthly rate(s) there will be absolutely no charge for services. BillTrim cannot guarantee and does not promise it can obtain lower rates or savings during negotiations on your behalf. You may use the Service to link your bank, credit card, and bill payment accounts, review and track your bills, and facilitate your bill payments to Billers in the amounts and on the days you request (the “Purpose”). The Service then facilitates your bill payments by providing your payment instructions (including applicable Bill Pay Data) to a Biller, who then processes your payment. A payment may be made through your method of choice, which may (where available) include BillTrim’s use of a single-use virtual credit card, in which case BillTrim will: (A) make a payment on your behalf pursuant to your instructions while using a single-use virtual credit card; and (B) provide your applicable Bill Pay Data to a Bank (as defined below) that will debit the amount of the bill payment from your financial institution (the “Single Use Card Process”).

* SINGLE USE CARD PROCESS

WHEN USING THE SINGLE USE CARD PROCESS, YOUR PERSONAL PAYMENT ACCOUNT INFORMATION (INCLUDING YOUR NAME) IS NOT EXPOSED, WHICH CAN REDUCE THE POTENTIAL FOR FRAUD AND MISUSE OF YOUR PAYMENT ACCOUNT INFORMATION. MOREOVER, BILLTRIM’S USE OF A SINGLE USE VIRTUAL CREDIT CARD DOES NOT IMPACT YOUR CREDIT SCORE. HOWEVER, WHEN A SINGLE USE VIRTUAL CREDIT CARD IS USED TO MAKE YOUR PAYMENT, YOU ACKNOWLEDGE THAT BILLTRIM MAY EARN INTERCHANGE FEES AS PART OF THE TRANSACTION. YOU FURTHER ACKNOWLEDGE THAT, ALTHOUGH BILLTRIM MAY INITIATE THE SINGLE USE CARD PROCESS BASED ON YOUR DIRECTION AND CHOICES MADE WITHIN YOUR USER PROFILE, THE DECISION OF WHETHER TO USE SUCH PROCESS IS AT BILLTRIM’S SOLE DISCRETION.

* What the Service Doesn’t Do

The Service is limited to the Purpose. BillTrim and the Service do not: (A) take possession of your payment funds; (B) transmit or transfer funds or provide deposit account or other financial services; (C) set the terms of any payment transaction between you and Billers; (D) endorse or have any liability for transactions between you and Billers; or (E) control or have any liability for returns, refunds, chargebacks, or other questions or disputes you may have with any Biller related to any payment transaction.

* Accuracy

It is your responsibility to ensure that all of the payment details are accurate and complete before you initiate a bill payment. Failure to provide accurate and complete information may result in errors in your requested payments to Billers, and you may not be able to recover a payment sent to an incorrect account or recipient.

* Limitations

The Service does not support payments to all types of Billers. For example, you may not initiate payments to Billers outside of the U.S., or to certain government agencies for certain types of payments (e.g., tax payments or certain court-ordered payments). In addition, when you send a payment using the Service, a Biller is not obligated or required to accept it. You acknowledge that Billers may not accept payment from all types of funding sources and that BillTrim may otherwise limit the payment methods available for a particular Biller. BillTrim may refuse to permit payment to a Biller if it reasonably believes such refusal is necessary or advisable for legal or security reasons. If you fail to maintain a balance in the applicable Payment Account that is sufficient to fund any payment that you initiate, the transaction may not be completed, and BillTrim will have no liability for such incomplete transaction. Finally, your Payment Accounts must be held with U.S. financial institutions.

Authorization and Account Information

* Biller Account Information

By using the Service, you authorize BillTrim to access your Biller Account, including via the Biller’s website, on your behalf and as your limited agent, in order to provide the Service. In the event a Biller employs the use of a “CAPTCHA” or similar technology on its website during the login process, you further authorize the Service (or any third-party technology therein) to decode such “CAPTCHA” or similar technology as your limited agent on your behalf. After linking or adding a Biller Account through the Service, the Service will submit information, including usernames and passwords that you provide, to log into the Biller’s website. You authorize BillTrim as your limited agent to use and store information associated with your Biller Account in order to provide the Service, including by ensuring the Service is compatible with the applicable Biller website.

* Payment Account Information

By initiating a bill payment through the Service, you authorize BillTrim and the Service to act as your limited agent to perform the actions described in Section 2.1 above and this Section 3.2, including accessing your applicable Bill Pay Data and transmitting that data to Banks and Billers. If BillTrim uses a single-use virtual credit card to make a payment on your behalf, you specifically authorize: (A) BillTrim to pay your bill using a single-use virtual credit card; and (B) a Bank to initiate a debit from your applicable Payment Account in the amount of your bill payment. You are solely responsible for complying with any terms set by your bank, credit union, or financial institution with respect to your Payment Account, including any terms relating to transaction limitations or fees, such as those pertaining to non-sufficient funds or overdrafts. If you are entitled to a reversal, refund, or other adjustment associated with a payment you made using the Service, you also authorize the crediting of your Payment Account to complete that transaction.

* Payment Account Information

AN IMPORTANT NOTE ABOUT BILLERS AND THEIR IP. THE APP PROVIDES EASY WAYS FOR YOU TO IDENTIFY YOUR BILLERS. HOWEVER, ALL REFERENCES TO THIRD PARTIES (I.E., ANY PARTY OTHER THAN YOU AND BILLTRIM) ARE FOR IDENTIFICATION PURPOSES ONLY AND DO NOT IMPLY ANY ENDORSEMENT OR SPONSORSHIP OF, OR ANY AFFILIATION WITH, THE APP OR BILLTRIM. ALL INTELLECTUAL PROPERTY NOT OWNED BY BILLTRIM (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY TRADEMARKS, TRADE NAMES, LOGOS, AND DOMAIN NAMES) IS THE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OF SUCH INTELLECTUAL PROPERTY DOES NOT IMPLY ANY ENDORSEMENT, SPONSORSHIP OR AFFILIATION.

* Other

By initiating a bill payment through the Service, you authorize BillTrim to deduct the right amount from your bank account and pay your bills on your behalf. You also allow BillTrim to call your billers on your behalf so that we negotiate your bills without bothering you. Additionally, you permit BillTrim to disable 2FA on any provider sites allowing to monitor your monthly bills without asking you for one time codes often. You also allow BillTrim to contact your friends and show them your exact savings so that we can reach out to them and help them save money by providing our services.

Costs and Billing

BillTrim incurs costs in deploying resources to negotiate bills whether we are able to lower the bills or not. BillTrim is not responsible for any overdraft charges that result from customer going negative in their bank account balance.

If BillTrim and/or its authorized agents cannot obtain lower rates for your monthly bills, there is no cost to you.

Savings will be calculated as the difference between the rate of the bill when BillTrim initiates negotiations with your provider or providers on your behalf or the rate your bill is about to revert to because of an existing promotion is about to roll off within the next 60 days whichever is higher (“Current Rate”) and the renegotiated rate achieved by BillTrim (“New Rate”) including any one time credit and or cancellation of late fee. If the Current Rate differs from the rate shown on the bill you initially submit to BillTrim when you sign up, savings will be calculated from the Current Rate, rather than the bill submitted. Any discounts previously applied to your bill, but that are no longer in effect when BillTrim initiates negotiation because of a scheduled increase, the end of a promotion, or any other reasons, will not be included in the Current Rate.

At the end of the promotion that BillTrim has secured, if your rate rises because of the end of a promotion or any other reason, and you would like BillTrim to renegotiate a lower rate for the account again. The savings will be calculated as the difference between the rate of the bill when BillTrim initiates the second round of negotiations with your provider or providers on your behalf (“Current Rate”) and the second renegotiated rate achieved by BillTrim (“New Rate”).

BillTrim will send an email or text depicting the final amount owed. The payment is charged to the customer’s credit card on file upon successful completion of negotiation of any bill. This is a one-time fee per bill unless we re-negotiate it again in the future.

Payment is due within fourteen (14) business days of the invoice date. Failure to make a timely payment may result in a late fee of five dollars ($5) per month for each month in which your account is in arrears.

If the savings shown on the invoice are not accurate, you must notify BillTrim within thirty (30) days of receiving your BillTrim invoice. BillTrim will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, BillTrim will adjust your amount due accordingly.

BillTrim reserves the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If BillTrim must engage a collection agency or report your debt to credit bureau(s), BillTrim may charge a processing fee of $25 or more, subject to the maximum charge allowed by law.

If BillTrim accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.

Cancellation of BillTrim Services

You may discontinue services with BillTrim at any time by notifying BillTrim through electronic mail, phone, or U.S. mail. Cancellation is effect when the e-mail, call, and/or letter is received by BillTrim. Cancellation does not waive outstanding balances on your account, and BillTrim reserves the right to request payment in full for services rendered.

BillTrim reserves the right to cancel your account with BillTrim at any time for any reason and request payment in full for services rendered through the date of cancellation.

BillTrim is not a Financial Advisor

BillTrim does not provide legal, financial, or tax advice. You are using any and all information and Materials available on the Web Site at your own risk. You should consult with an accountant, attorney, and/or other professional adviser before making financial decisions.

Revisions and Errata

The Materials appearing on the Web Site could include technical, typographical, or photographic errors. BillTrim does not warrant that any of the Materials are accurate, complete, or current. BillTrim may change the Materials at any time without notice. BillTrim does not, however, make any commitment to update the Materials.

Links

BillTrim has not reviewed all of the sites linked to the Web Site, nor has it verified the accuracy or suitability of any information in any such sites. BillTrim is not responsible for the contents of any such linked site. Including any link does not imply endorsement by BillTrim of the site. Use and/or access of any such linked web site is at your own risk.

BillTrim does not operate, control or endorse any information, products, or services on the Internet in any way, except for information, products, or services clearly identified as being supplied by BillTrim. BillTrim cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. BillTrim assumes no responsibility or risk for your use of the Internet.

Indemnity

You will defend, hold harmless, and indemnify BillTrim, its owners, officers, directors, members, employees, contractors, suppliers, and its authorized agents (collectively the “Indemnified Parties”) from any breach of these Terms and Conditions by You, including any use of Materials other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability for any such breach or unauthorized use, and You agree to defend, hold harmless, and to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site.

Governing Law, Venue and Attorney’s Fees

This Agreement shall be governed by and construed under the laws of Texas, without giving effect to the conflict of law provisions thereof. The parties agree that none of them shall commence any legal or equitable proceedings against the other except in, and each submits to the jurisdiction of, either the state courts in Harris County, Texas, or the federal courts in the United States District Court for the District of Texas. Each party irrevocably waives, to the fullest extent permitted by law, all objections they may now or hereafter have to the venue of any such proceeding brought in any such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum.

In any action or proceeding by which BillTrim either seeks to enforce its rights under these Terms and Conditions or seeks a declaration of any rights or obligations under this agreement and is the prevailing party, BillTrim shall be awarded its reasonable legal fees, together with any costs and expenses, in connection with such proceeding, including those incurred on appeal or to enforce the final judgment, as well as any other relief to which it may be entitled at law or equity.