Terms of Use

Welcome to Ride in Tandem, Inc. (“Tandem”, “us” or “we”). These Terms of Use (“Terms”) govern your use of products and services provided by Tandem. You can view information relating to our products and services from the website located at https://usetandem.com (the “Site”), and you can access and use Tandem’s products and services by downloading our mobile device application (the “App”) available from the Apple App Store. To make these Terms easier to read, the Site, our services and the App are collectively called the “Services.”

Tandem is intended ONLY for users in the United States, and its use is governed by US law.

Agreement to Terms

By using our Services or clicking “Get it first”, “Continue” or “Agree and continue” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or click “Continue.” Please retain a copy of these Terms.

You may not use Tandem and you may not accept this Agreement if you are not are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Tandem.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you will not be allowed to use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

Description of the Services

The Tandem Service is a personal finance information management service that allows you to share expenses with a partner. The Tandem Service is provided to you by Tandem without charge and is meant to provide you with your information to allow you to seamlessly split expenses.

The Tandem Service allows couples to share debts and payments with no explicit permissions. These are calculated into a determination of debts by the Service. You agree that you understand these debts are not legally binding, and represent informal information sharing among couples. You agree that the Service cannot guarantee the accuracy of information entered by users.

Account Information from Third Party Sites

Users may direct Tandem to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Tandem works with one or more online service providers to access this Account Information. Tandem makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality, or non-infringement.

Tandem cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Tandem cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Registration and Your Information

If you want to use the Services, you’ll have to create an account with Tandem (a “Tandem Account”).  A Tandem Account includes your agreements with Tandem, along with any applicable service provider agreements. You can create a Tandem Account by using an email address and password via the App, and to the extent that the functionality of the Services allows it, via the Site. To create your Tandem Account, you will also need to provide certain information requested by us, such as your name and cellular phone number.

We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Tandem cannot verify your identity, we can refuse to allow you to use the Services.

It’s important that you provide us with accurate, complete and up-to-date information for your Tandem Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Tandem Account. You agree that you won’t disclose your Tandem Account password to anyone and you’ll notify us immediately of any unauthorized use of your Tandem Account. You also agree not to transfer your Tandem Account to any third party. You’re responsible for all activities that occur under your Tandem Account, whether or not you know about them.

Your Use of the Services

Your access and use of. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Tandem, in its sole discretion, may elect to take. In no event will Tandem be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Tandem to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Notifications and Verification

To use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Personal Information section of your Tandem Account via the App.

As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, text HELP for help or text STOP to cancel. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.

Your Authorization for ACH

To use the payment functionality of Services, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Tandem to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through

Services, and Dwolla account notifications will be sent by Tandem, not Dwolla.

Venmo and Other Payment Services

Some users will have access to other payment functions of other companies through links on Tandem's website or apps (for example, Venmo). These links can initiate a payment or request by pre-populating some information as part of payments completed on a third party payment system. You agree to abide by the terms of service of any payment service and you agree that Tandem is in no way responsible or liable for transactions and service provided by a third party linked to from Tandem service.

Collection of Transaction Data

We currently use Fidel and the Payment Card Networks (Visa, Mastercard and AMEX) to monitor card transactions for your participation in the Tandem program. Your agreement to the various Tandem Terms of Use (Terms) authorize Fidel and the Payment Card Networks to monitor the transactions made with your registered eligible payment cards via the Tandem Platform. The data collected from Fidel includes your registered card identifier, merchant, transaction date/time ,amount and other transaction elements (currency, Payment Card Network etc).

Transaction Monitoring

By registering a payment card in connection with transaction monitoring, you authorize Tandem to share your payment card information with the Payment Card Networks so it knows you enrolled and participating in Tandem’s Personal Finance Management Platform. You authorize the Payment Card Networks to monitor transactions on your registered card(s) in order to enable your usage of real time transaction data for all transactions made on an enrolled card linked through the Tandem Platform. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).

Card Eligibility

You acknowledge that Visa, Mastercard and AMEX may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard and AMEX card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible. You may opt-out of this monitoring at any time by selecting ‘Account’ from the home screen of your Tandem App and deleting your registered card(s). If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be available for view or action on the Tandem App.

Tandem’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Tandem or its software or content suppliers. Tandem grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

Access and Interference

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Tandem’s express written consent, which may be withheld in Tandem’s sole discretion;

2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome);

3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

or

4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

Social media sites

Tandem may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TANDEM, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS  MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitations of Liability

NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TANDEM’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Indemnity

You shall defend, indemnify and hold harmless Tandem and its officers, directors, shareholders, employees, the payment card networks, and suppliers from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Ending your relationship with Tandem

This Agreement will continue to apply until terminated by either you or Tandem as set out below. If you want to terminate your legal agreement with Tandem, you may do so by emailing team@usetandem.com with the request.

Tandem may at any time, terminate its legal agreement with you and access to the Services:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Tandem in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Tandem may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Tandem shall not be liable to you or any third party for any termination of your access to the Services.

Governing Law and Forum for Disputes

Michigan state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Michigan law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TANDEM ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Ride in Tandem, Inc. 330 E Liberty St, Ann Arbor, MI 48104. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination, or rescission of this Agreement.

Notice Regarding Apple

This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Tandem only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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 a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information

If you have any questions about these Terms or the Services, please contact us by emailing team@usetandem.com.

Terms of Use

Welcome to Ride in Tandem, Inc. (“Tandem”, “us” or “we”). These Terms of Use (“Terms”) govern your use of products and services provided by Tandem. You can view information relating to our products and services from the website located at https://usetandem.com (the “Site”), and you can access and use Tandem’s products and services by downloading our mobile device application (the “App”) available from the Apple App Store. To make these Terms easier to read, the Site, our services and the App are collectively called the “Services.”

Tandem is intended ONLY for users in the United States, and its use is governed by US law.

Agreement to Terms

By using our Services or clicking “Get it first”, “Continue” or “Agree and continue” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or click “Continue.” Please retain a copy of these Terms.

You may not use Tandem and you may not accept this Agreement if you are not are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Tandem.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you will not be allowed to use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

Description of the Services

The Tandem Service is a personal finance information management service that allows you to share expenses with a partner. The Tandem Service is provided to you by Tandem without charge and is meant to provide you with your information to allow you to seamlessly split expenses.

Account Information from Third Party Sites

Users may direct Tandem to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Tandem works with one or more online service providers to access this Account Information. Tandem makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality, or non-infringement.

Tandem cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Tandem cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Registration and Your Information

If you want to use the Services, you’ll have to create an account with Tandem (a “Tandem Account”).  A Tandem Account includes your agreements with Tandem, along with any applicable service provider agreements. You can create a Tandem Account by using an email address and password via the App, and to the extent that the functionality of the Services allows it, via the Site. To create your Tandem Account, you will also need to provide certain information requested by us, such as your name and cellular phone number.

We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Tandem cannot verify your identity, we can refuse to allow you to use the Services.

It’s important that you provide us with accurate, complete and up-to-date information for your Tandem Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Tandem Account. You agree that you won’t disclose your Tandem Account password to anyone and you’ll notify us immediately of any unauthorized use of your Tandem Account. You also agree not to transfer your Tandem Account to any third party. You’re responsible for all activities that occur under your Tandem Account, whether or not you know about them.

Your Use of the Services

Your access and use of. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Tandem, in its sole discretion, may elect to take. In no event will Tandem be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Tandem to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Notifications and Verification

To use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Personal Information section of your Tandem Account via the App.

As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, text HELP for help or text STOP to cancel. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.

Your Authorization for ACH

To use the payment functionality of Services, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Tandem to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through

Services, and Dwolla account notifications will be sent by Tandem, not Dwolla.

Collection of Transaction Data

We currently use Fidel and the Payment Card Networks (Visa, Mastercard and AMEX) to monitor card transactions for your participation in the Tandem program. Your agreement to the various Tandem Terms of Use (Terms) authorize Fidel and the Payment Card Networks to monitor the transactions made with your registered eligible payment cards via the Tandem Platform. The data collected from Fidel includes your registered card identifier, merchant, transaction date/time ,amount and other transaction elements (currency, Payment Card Network etc).

Transaction Monitoring

By registering a payment card in connection with transaction monitoring, you authorize Tandem to share your payment card information with the Payment Card Networks so it knows you enrolled and participating in Tandem’s Personal Finance Management Platform. You authorize the Payment Card Networks to monitor transactions on your registered card(s) in order to enable your usage of real time transaction data for all transactions made on an enrolled card linked through the Tandem Platform. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).

Card Eligibility

You acknowledge that Visa, Mastercard and AMEX may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard and AMEX card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible. You may opt-out of this monitoring at any time by selecting ‘Account’ from the home screen of your Tandem App and deleting your registered card(s). If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be available for view or action on the Tandem App.

Tandem’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Tandem or its software or content suppliers. Tandem grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

Access and Interference

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Tandem’s express written consent, which may be withheld in Tandem’s sole discretion;

2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome);

3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

or

4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

Social media sites

Tandem may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TANDEM, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS  MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitations of Liability

NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TANDEM’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Indemnity

You shall defend, indemnify and hold harmless Tandem and its officers, directors, shareholders, employees, the payment card networks, and suppliers from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Ending your relationship with Tandem

This Agreement will continue to apply until terminated by either you or Tandem as set out below. If you want to terminate your legal agreement with Tandem, you may do so by emailing team@usetandem.com with the request.

Tandem may at any time, terminate its legal agreement with you and access to the Services:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Tandem in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Tandem may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Tandem shall not be liable to you or any third party for any termination of your access to the Services.

Governing Law and Forum for Disputes

Michigan state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Michigan law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TANDEM ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Ride in Tandem, Inc. 330 E Liberty St, Ann Arbor, MI 48104. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination, or rescission of this Agreement.

Notice Regarding Apple

This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Tandem only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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 a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information

If you have any questions about these Terms or the Services, please contact us by emailing team@usetandem.com.

Terms of Use

Welcome to Ride in Tandem, Inc. (“Tandem”, “us” or “we”). These Terms of Use (“Terms”) govern your use of products and services provided by Tandem. You can view information relating to our products and services from the website located at https://usetandem.com (the “Site”), and you can access and use Tandem’s products and services by downloading our mobile device application (the “App”) available from the Apple App Store. To make these Terms easier to read, the Site, our services and the App are collectively called the “Services.”

Tandem is intended ONLY for users in the United States, and its use is governed by US law.

Agreement to Terms

By using our Services or clicking “Get it first”, “Continue” or “Agree and continue” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or click “Continue.” Please retain a copy of these Terms.

You may not use Tandem and you may not accept this Agreement if you are not are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Tandem.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you will not be allowed to use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

Description of the Services

The Tandem Service is a personal finance information management service that allows you to share expenses with a partner. The Tandem Service is provided to you by Tandem without charge and is meant to provide you with your information to allow you to seamlessly split expenses.

Account Information from Third Party Sites

Users may direct Tandem to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Tandem works with one or more online service providers to access this Account Information. Tandem makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality, or non-infringement.

Tandem cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Tandem cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

Registration and Your Information

If you want to use the Services, you’ll have to create an account with Tandem (a “Tandem Account”).  A Tandem Account includes your agreements with Tandem, along with any applicable service provider agreements. You can create a Tandem Account by using an email address and password via the App, and to the extent that the functionality of the Services allows it, via the Site. To create your Tandem Account, you will also need to provide certain information requested by us, such as your name and cellular phone number.

We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Tandem cannot verify your identity, we can refuse to allow you to use the Services.

It’s important that you provide us with accurate, complete and up-to-date information for your Tandem Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Tandem Account. You agree that you won’t disclose your Tandem Account password to anyone and you’ll notify us immediately of any unauthorized use of your Tandem Account. You also agree not to transfer your Tandem Account to any third party. You’re responsible for all activities that occur under your Tandem Account, whether or not you know about them.

Your Use of the Services

Your access and use of. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Tandem, in its sole discretion, may elect to take. In no event will Tandem be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Tandem to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

Notifications and Verification

To use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Personal Information section of your Tandem Account via the App.

As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, text HELP for help or text STOP to cancel. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.

Your Authorization for ACH

To use the payment functionality of Services, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Tandem to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through

Services, and Dwolla account notifications will be sent by Tandem, not Dwolla.

Collection of Transaction Data

We currently use Fidel and the Payment Card Networks (Visa, Mastercard and AMEX) to monitor card transactions for your participation in the Tandem program. Your agreement to the various Tandem Terms of Use (Terms) authorize Fidel and the Payment Card Networks to monitor the transactions made with your registered eligible payment cards via the Tandem Platform. The data collected from Fidel includes your registered card identifier, merchant, transaction date/time ,amount and other transaction elements (currency, Payment Card Network etc).

Transaction Monitoring

By registering a payment card in connection with transaction monitoring, you authorize Tandem to share your payment card information with the Payment Card Networks so it knows you enrolled and participating in Tandem’s Personal Finance Management Platform. You authorize the Payment Card Networks to monitor transactions on your registered card(s) in order to enable your usage of real time transaction data for all transactions made on an enrolled card linked through the Tandem Platform. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).

Card Eligibility

You acknowledge that Visa, Mastercard and AMEX may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard and AMEX card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible. You may opt-out of this monitoring at any time by selecting ‘Account’ from the home screen of your Tandem App and deleting your registered card(s). If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be available for view or action on the Tandem App.

Tandem’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Tandem or its software or content suppliers. Tandem grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

Access and Interference

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Tandem’s express written consent, which may be withheld in Tandem’s sole discretion;

2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome);

3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;

or

4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

Social media sites

Tandem may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TANDEM, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS  MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Limitations of Liability

NEITHER TANDEM, THE PAYMENT CARD NETWORKS, OR SUPPLIERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF TANDEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TANDEM’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Indemnity

You shall defend, indemnify and hold harmless Tandem and its officers, directors, shareholders, employees, the payment card networks, and suppliers from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

Ending your relationship with Tandem

This Agreement will continue to apply until terminated by either you or Tandem as set out below. If you want to terminate your legal agreement with Tandem, you may do so by emailing team@usetandem.com with the request.

Tandem may at any time, terminate its legal agreement with you and access to the Services:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Tandem in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Tandem may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Tandem shall not be liable to you or any third party for any termination of your access to the Services.

Governing Law and Forum for Disputes

Michigan state law governs this Agreement without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Michigan law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND TANDEM ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Ride in Tandem, Inc. 330 E Liberty St, Ann Arbor, MI 48104. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This section shall survive expiration, termination, or rescission of this Agreement.

Notice Regarding Apple

This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Tandem only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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 a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information

If you have any questions about these Terms or the Services, please contact us by emailing team@usetandem.com.