These Terms of Service (these "Terms") govern your access to and use of Driggsby, a software product provided by The Good Software Company, LLC ("GSC," "Driggsby," "we," "our," or "us"). By creating an account, clicking to accept, connecting a financial account, or otherwise accessing or using Driggsby (the "Services"), you agree to these Terms. If you do not agree, do not use the Services.
Your use of the Services is also subject to the Driggsby Privacy Policy, which is incorporated into and forms part of these Terms.
1. Eligibility and Accounts
You may use the Services only if:
- you are at least 18 years old
- you can form a binding contract with us
- you are using the Services for your own personal, non-commercial use
- you are located in a jurisdiction where use of the Services is lawful
- you are authorized to provide any information and connect any account that you submit through the Services
Account Responsibilities
You must provide accurate and current account information and keep it updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must promptly notify us if you believe your account has been accessed without authorization or your credentials have been compromised.
We may require identity verification, multi-factor authentication, or other security steps before allowing access to some features.
2. The Services
Driggsby is software designed to help users view, organize, and better understand personal financial information, including information from connected financial accounts, and to receive software-generated insights, summaries, organizational tools, and related features.
The Services are provided for personal informational use. The Services are not a bank, brokerage, lender, money transmitter, or custodian. Unless we expressly state otherwise in writing for a specific feature, the Services do not execute trades, move funds, custody assets, or provide human professional services.
Any use of the word "agent" or similar language in connection with Driggsby describes software functionality only. It does not create any agency, fiduciary, brokerage, investment-advisory, legal, accounting, or other professional relationship between you and GSC.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and any output made available to you through the Services solely for your personal, lawful, non-commercial use.
3. Financial Account Connections
The Services may allow you to connect financial accounts through authorized third-party connectivity providers, including Plaid where used.
If you connect a financial account through the Services, you give your express consent for GSC and its service providers, including applicable connectivity providers, to access, receive, refresh, store, and process information associated with that account as needed to provide, maintain, secure, and improve the Services and related features, subject to our Privacy Policy and any consent flow presented to you.
That information may include balances, transactions, recurring transactions, holdings, liabilities, account identifiers, merchant or enrichment information, and other financial information made available by the relevant financial institution or data provider.
We do not ask for, receive, or store your financial institution username, password, PIN, or other login credentials. Account connections are initiated through authorized connection methods. We do not access financial institutions by screen scraping.
You represent and warrant that:
- you have the authority to authorize access to each connected account
- the connected accounts are your own or you are otherwise legally authorized to connect them
- the information you submit in connection with account linking is accurate
Revocation and Deletion
You may revoke a financial connection by disconnecting the account through the Services when that feature is available or by contacting us. After revocation is processed, we will stop collecting new data from that connection. Disconnecting an account does not by itself delete historical data already received through the Services. Upon a valid deletion request, we will promptly delete connected financial account data, except to the extent retention is required by applicable law. Residual copies may remain in backups or logs until they are overwritten or deleted in the ordinary course, but we will not restore deleted connected financial account data to active systems except as required by law or as necessary for disaster recovery. If deleted connected financial account data is restored as part of disaster recovery, we will promptly re-delete it and will not use it for any other purpose.
Availability of a particular institution, account type, or data field may change at any time without notice.
Connectivity providers and financial institutions are independent third parties. No financial institution is a sponsor of Driggsby merely because its data may be accessible through the Services. When you use a third-party account-connection feature, the applicable connectivity provider may also collect and process your information under its own privacy policy and terms.
4. Important Disclaimers
4.1 No financial, investment, legal, tax, or accounting advice
The Services are for informational and organizational purposes only. They do not provide legal, tax, accounting, investment, brokerage, or other professional advice, and they are not a substitute for qualified professional judgment.
You are solely responsible for evaluating any information or output made available through the Services and for any decisions or actions you take, including budgeting, saving, debt, tax, investment, trading, or other financial decisions. The Services do not provide personalized professional advice or individualized recommendations to buy, sell, hold, trade, borrow, lend, insure, or otherwise enter into any security, crypto asset, loan, insurance product, or other financial product.
4.2 No investment adviser or fiduciary relationship
GSC is not acting as your investment adviser, broker-dealer, commodity trading advisor, tax adviser, lawyer, accountant, or fiduciary by providing the Services, unless GSC expressly agrees otherwise in a separate written agreement signed by GSC.
4.3 AI and software limitations
The Services may use automated systems, models, and AI-generated output. Output may be incomplete, inaccurate, outdated, unavailable, or not tailored to your full circumstances. Financial data shown through the Services may be delayed, missing, reformatted, or inconsistent with source records.
You should independently confirm important information before relying on it. Do not use the Services as the sole basis for any material financial, legal, tax, or investment decision.
4.4 No consumer reporting use
The Services are not a consumer reporting agency, and information or output made available through the Services is not a consumer report. You may not use the Services or any output to make decisions about any person's eligibility for credit, employment, housing, insurance, or any other purpose regulated by the Fair Credit Reporting Act or similar law.
5. Your Information and Content
As between you and GSC, you retain whatever rights you have in information you submit and in your underlying financial account data. The Services, including software, models, interfaces, and third-party services or output such as enrichment data, are owned by GSC or its licensors and are made available to you only through the Services subject to these Terms.
You grant GSC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, adapt, analyze, modify, and otherwise use that information as necessary to:
- provide, operate, maintain, secure, support, and improve the Services
- develop, test, and enhance the Services and related features
- investigate misuse, fraud, security incidents, or violations of these Terms
- comply with law, enforce these Terms, and protect our rights and the rights of others
Data Use Limits
We use connected financial account data only to provide, maintain, secure, support, and improve Driggsby's personal-finance organization, analysis, insight, and related product functionality, as authorized by you and permitted by applicable law, our Privacy Policy, and our agreements with connectivity providers and financial institutions.
This license includes use by our contractors, cloud providers, model or AI service providers, analytics providers, security providers, and other service providers acting on our behalf, in each case subject to our Privacy Policy and applicable law.
Service providers may process information only to provide services to us or as otherwise disclosed in the Privacy Policy and applicable consent. We will not provide connected financial account data to third-party model or AI providers except where necessary to provide a user-requested feature, disclosed to you where required, permitted by your consent and applicable law, and subject to contractual restrictions prohibiting the provider from using the data to train general-purpose models or for purposes outside providing services to us.
Notwithstanding anything else in these Terms, financial account information obtained from or through a connectivity provider or financial institution, including balances, transactions, recurring transaction information, holdings, liabilities, account identifiers, enrichment data, and related information, is used, stored, disclosed, and retained only as permitted by the applicable user consent, our Privacy Policy, applicable law, and our agreements with connectivity providers and financial institutions. We do not sell personal information, including connected financial account data. We do not use connected financial account data for consumer reporting, credit, employment, housing, insurance, or other eligibility decisions.
We may create, use, disclose, and retain aggregated or de-identified information that does not reasonably identify you for lawful business purposes, subject to applicable law. For connected financial account data, this applies only where permitted by applicable consent, applicable law, and our agreements with connectivity providers and financial institutions.
If you provide feedback or suggestions about the Services, you give us the right to use them without restriction or compensation to you.
6. Acceptable Use
You may not:
- use the Services for any unlawful purpose or in violation of these Terms
- use the Services on behalf of a third party, or for commercial, resale, bureau, or service-provider purposes
- access accounts or data that you are not authorized to access
- provide financial institution login credentials to us, or attempt to connect to financial institutions through scraping, credential sharing, or other unauthorized methods
- copy, scrape, reproduce, republish, distribute, sell, lease, sublicense, or exploit the Services except as expressly permitted by these Terms
- reverse engineer, decompile, disassemble, or attempt to derive source code, underlying models, prompts, or non-public functionality of the Services, except to the extent such restriction is prohibited by law
- interfere with or disrupt the Services, bypass security controls, probe or scan for vulnerabilities, or upload code or content that is malicious or harmful
- use bots, automation, or excessive requests in a way that burdens the Services
- use the Services or any output to build or train a competing product or service
- misrepresent your identity, affiliation, or authority
- use the Services or any output to make decisions about another person's credit, employment, housing, insurance, or similar eligibility
Monitoring
We may monitor use of the Services as reasonably necessary to operate, secure, and enforce the Services and these Terms.
7. Intellectual Property
The Services, including all software, models, interfaces, workflows, design, text, graphics, logos, and other content made available by GSC, are owned by GSC or its licensors and are protected by intellectual property and other laws.
Except for the limited rights expressly granted in these Terms, GSC reserves all rights, title, and interest in and to the Services.
8. Third-Party Services and Data
The Services may depend on or interoperate with third-party services, data sources, and infrastructure, including financial institutions, account connectivity providers, authentication providers, cloud providers, communications providers, market or enrichment data providers, and model or AI providers.
We are not responsible for third-party services, third-party data, or the acts or omissions of third parties, including downtime, data errors, delays, policy changes, access restrictions, security events, or service interruptions caused by them.
Third-party merchant names, logos, enrichment data, or similar content made available through the Services may be used only within the Services and may not be copied, downloaded, saved, reused, or used outside the Services except as expressly permitted by us.
Your use of third-party services may also be subject to those third parties' separate terms or privacy policies.
9. Electronic Communications
You agree that we may provide notices, disclosures, and other communications to you electronically, including by email, through the Services, or by posting them on our website.
You are responsible for keeping your account contact information current. Electronic communications from us satisfy any legal requirement that such communications be in writing.
10. MVP and Beta Features
Driggsby is an early-stage product. Features may be added, changed, limited, or removed at any time.
Some features may be labeled, described, or reasonably understood as beta, preview, pilot, alpha, experimental, or similar. Those features may be incomplete, unstable, or unavailable, may contain errors, and may never become generally available.
11. Suspension and Termination
You may stop using the Services at any time.
We may suspend, restrict, disable, or terminate your access to some or all of the Services at any time, with or without notice, if we believe:
- you violated these Terms
- your use creates security, fraud, legal, regulatory, reputational, or operational risk
- suspension is required by law, a court order, a regulator, a service provider, a financial institution, or a contractual obligation
- the Services are being misused, attacked, or used in a way that could harm us, our users, or third parties
Effect of Termination
We may also modify or discontinue all or any part of the Services at any time.
Upon termination, your right to use the Services will end immediately. Sections that by their nature should survive termination will survive, including Sections 4 through 18, provided that Section 5 survives only with respect to information we are permitted to retain under these Terms, the Privacy Policy, applicable consent, applicable law, and provider agreements.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GSC AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, GSC DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE, UNINTERRUPTED, OR AVAILABLE AT ANY PARTICULAR TIME OR THAT ANY DEFECTS WILL BE CORRECTED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GSC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF GSC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- the total amount you paid to GSC for the Services during the 12 months before the event giving rise to the claim, or
- $100
Jurisdiction Limits
Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, some of the limitations above may not apply to you to the extent prohibited by law.
14. Indemnity
You will defend, indemnify, and hold harmless GSC and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any third-party claims, demands, investigations, actions, damages, losses, liabilities, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- your use of the Services
- your violation of these Terms or applicable law
- your infringement, misappropriation, or violation of any third-party rights
- your connection of accounts or submission of information that you were not authorized to connect or submit
- your dispute with any financial institution or other third party
15. Dispute Resolution; Arbitration; Class Action Waiver
To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one year after the claim arose, or the claim is permanently barred.
Before either party begins arbitration or court proceedings, that party must first provide written notice of the dispute and a brief description of the claim and requested relief. Notices to GSC under this section must be sent as provided in Section 18. If the parties do not resolve the dispute within 30 days after notice, either party may proceed as allowed below.
Except for disputes that qualify for small claims court and claims for injunctive or equitable relief relating to misuse of the Services, intellectual property, confidential information, or security, any dispute arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration administered by JAMS under its then-current consumer arbitration rules.
The Federal Arbitration Act and federal arbitration law govern this arbitration provision and preempt inconsistent state law to the extent permitted by law.
Arbitration will be conducted on an individual basis only. You and GSC each waive any right to a jury trial and any right to participate in a class action, collective action, representative action, private attorney general action, or mass action.
Unless applicable rules require otherwise, the arbitration will be conducted remotely or, if an in-person proceeding is required, in Travis County, Texas. The arbitrator may award the same individualized relief that a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
If you are a consumer, GSC will pay JAMS filing, administration, and arbitrator fees to the extent required by the JAMS Consumer Arbitration Minimum Standards. Each party will bear its own attorneys' fees and costs unless the arbitrator awards fees or costs under applicable law.
If any part of this Section 15 is found unenforceable as to a particular claim or request for relief, then that part will be severed and the remaining portions will remain in effect to the fullest extent permitted by law.
16. Changes to These Terms
We may update these Terms from time to time.
Any update will apply prospectively from the effective date we post or otherwise communicate. If we make a material change, we will provide notice through the Services, by email, or by other reasonable means.
Your continued use of the Services after the updated effective date means you accept the updated Terms. If you do not accept the updated Terms, you must stop using the Services.
Nothing in this section permits us to use a retroactive change to these Terms to expand our rights in your previously collected personal information beyond what applicable law and our Privacy Policy permit.
17. Miscellaneous
These Terms, together with the Privacy Policy and any additional terms expressly presented for a specific feature, form the entire agreement between you and GSC regarding the Services and supersede prior or contemporaneous agreements on that subject.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.
Except as provided in Section 15, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Subject to Section 15, the exclusive venue for any court proceeding arising out of or relating to the Services or these Terms will be the state and federal courts located in Travis County, Texas, and each party consents to personal jurisdiction there.
18. Contact
Legal notices to GSC, including dispute notices, must be sent to The Good Software Company, LLC, Attn: Legal, 3571 Far West Blvd STE 3295, Austin, TX 78731, and legal@driggsby.com.
Questions or support requests may be sent to: support@driggsby.com