Castle Terms of Service

1. What about text messages and calls?
   • As part of the Services, you may receive communications through the Services, including messages related to two factor authentication or that Castle sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want Castle to send you information regarding your account or transactions with us, which may include Castle using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Castle, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Castle. You agree to indemnify and hold Castle harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
2. Are there restrictions in how I can use the Services?
   • You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
   • • infringes or violates the intellectual property rights or any other rights of anyone else (including Castle);
     • violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Castle;
     • is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
     • jeopardizes the security of your Castle User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
     • attempts, in any manner, to obtain the password, account, or other security information from any other user;
     • violates the security of any computer network, or cracks any passwords or security encryption codes;
     • runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
     • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
     • copies or stores any significant portion of the Content; or
     • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
     • A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
3. What are my rights in using the Services?
   • The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Castle’s) rights.
     Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Castle owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
4. Who is responsible for what I see and do on the Services?
   • The platform is not liable for errors, omissions, or damages related to Content or user interactions. You must have all necessary rights to contribute Content, including personal information of children under 13. Castle is not responsible for third-party websites or services linked through our website or mobile application. You should read terms and privacy policies of these third parties. In case of disputes between users or with third parties, Castle is under no obligation to get involved, and you release Castle from any liability related to such disputes.
5. Will Castle ever change the Services?
   • We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
6. Do the Services cost anything?
   • Some of our Services are subject to payments now or in the future (the “Paid Services”). We charge an annual fee for use of the Services, along with additional fees depending on whether you elect to use certain additional services that we offer. 
     Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services. 
     Any fees related to any deposit account you have with Castle will be disclosed in a separate fee schedule, if applicable.
7. More on the Paid Services
   • Any payment terms presented to you in the process of using or signing up for the Paid Services are deemed part of these Terms.
   • • Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you will agree to pay us, through the Payment Processor or any other billing service we authorize, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you will authorize us, through the Payment Processor or other authorized billing service, to charge your chosen payment provider. We reserve the right to correct any errors or mistakes that the Payment Processor makes, even if it has already requested or received payment.
     • Payment Method. The terms of your payment will be based on your payment method and may further be determined by agreements between you and the financial institution, payment card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not timely receive payment from you, you agree to pay all amounts due on your Castle Account upon demand.
     • Change in Amount Authorized. If the amount to be charged to your Castle Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
     • Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your payment method for that Paid Service. We may submit those charges to your Castle Account for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
     • Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at: support@getcastle.com
8. What if I want to stop using the Services?
   • You’re free to do that at any time by contacting us at: support@getcastle.com. YOUR ANNUAL SUBSCRIPTION PAYMENTS FOR THE SERVICES ARE NON-REFUNDABLE. Notwithstanding the above, if, in our sole discretion, we determine that we provided an inadequate level of service, we may choose to offer a full or partial refund. An inadequate level of service may include a failure to identify at least $500 in eligible home savings for you, regardless of whether you claimed these savings, or a failure to provide you with at least five hours of customer service from the Castle Concierge. You must request a refund within 364 days of your account creation to be eligible for a refund.
     Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
     Castle is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Castle has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
     Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
     If you have deleted your account by mistake, contact us immediately at: support@getcastle.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
     Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
9. What about our Mobile Application?
   • You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to the Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
10. I use the Castle App available via the Apple App Store – should I know anything about that?
    • These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
    • • Both you and Castle acknowledge that the Terms are concluded between you and Castle only, and not with Apple, and that Apple is not responsible for the Application or the Content;
      • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
      • You will only use the Application in connection with an Apple device that you own or control;
      • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
      • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
      • You acknowledge and agree that Castle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
      • You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Castle, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
      • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
      • Both you and Castle acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
      • Both you and Castle acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
11. What else do I need to know?
    • Warranty Disclaimer. Castle and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Castle and all such parties together, the “Castle Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Castle Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Castle Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CASTLE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
      Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CASTLE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CASTLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
      Indemnity. You agree to indemnify and hold the Castle Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
      Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Castle’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
      Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
      Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Castle may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Castle agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Castle, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Castle, and you do not have any authority of any kind to bind Castle in any respect whatsoever.
      Except as expressly set forth above in section 10(j) regarding Apple and its subsidiaries and the Arbitration Agreement section regarding Personnel, you and Castle agree there are no third-party beneficiaries intended under these Terms.

1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. Castle will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Castle will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
3. Small Claims Court; Infringement. Either you or Castle may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
4. Waiver of Jury Trial. YOU AND CASTLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Castle are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Castle over whether to vacate or enforce an arbitration award, YOU AND CASTLE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Castle is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
6. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: support@getcastle.com postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this Arbitration Agreement.
7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing Arbitration Agreement permits either you or Castle to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and Castle agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Castle.

1. Electronic submission.Payment instructions will be sent directly to the vendor payee through their online portal or application, or they may be sent in a batch payment, depending on the preferences of the vendor payee. These instructions may initiate a direct bank transfer, or a debit or credit card transaction, depending on the vendor payee and/or your selected preferences with said vendor payee.  
2. Personal check. This is a check drawn on your account when it is presented for payment. We execute check payments on your behalf by using the bank account information you have securely provided to us. After verifying your account ownership through microdeposits, we generate a check through our secure check processing partner. This check is made payable to your designated vendor payee and mailed directly to them. You authorize us to sign these checks on your behalf, ensuring that payments are made promptly and securely, without the need for you to manually handle or mail checks yourself.