Terms of Service ("Terms")

Last updated: 6/14/2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the asktrim.com website (the "Service") operated by Ask Benjamin Inc. ("us", "we", "our", or the “Company”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

In addition, you acknowledge and agree that this Agreement is between you and the Company, not with any third party (including, but not limited to, any banking institution, mobile carrier, or telecoms provider), and that the Company is solely responsible for the Services we provide. Your use of the these Services may be subject to separate agreements you may enter into with other third party service providers that we may use to facilitate in the delivery of the Services. These third parties include, but are not limited to: Plaid , Twilio , Facebook ,

Before you continue, you should print or save a local copy of this Agreement for your records.

Accounts

The Services provided by the Company allow you to view and analyze financial data, view and analyze monthly payments, cancel payments, make payments to and accept payments from third parties, contest overdraft fees, contest late fees, negotiate bills, make certain requests to customer service departments, and access certain other financial data, content, and analysis. You may use the Services on your mobile device or through a web browser. By using the Services, you agree that you authorize us to cancel subscriptions, contest fees, negotiate bills, request refunds, file price protection claims, and perform other actions on your behalf when instructed by you.

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

When you opt-in to the service, you may receive an SMS message to confirm your signup. You can discontinue text messages from the service at any time. Just text "STOP" to 28060. Normal messaging rates apply. After you send the message "STOP" to us, you will receive a reply message to confirm that you have been unsubscribed from text message notifications. After this, you will no longer receive messages from us. If you want to resume notifications via text message, you can text "START" to 28060. If at any time you forget what keywords are supported through the SMS interface with the Service, you can text "HELP" to 28060. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to discontinue text message notifications.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

 

A user can delete her or his account at any time. Deleting your account will discontinue your access to the service. Where legally permitted, we may retain user transaction data for up to five years following the deletion of an account. This data may be used anonymously for the purposes of analytics, spending comparisons, research, and other parts of the service that utilize aggregate transaction data.

 

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Authorization to Receive Messages

By signing up for the Service, you authorize us to send messages to you via SMS or Facebook Messenger. These messages will be sent to all devices that are able to receive messages to your enrolled phone number, and/or all devices that are are logged in to your Facebook Messenger account.

 

These messages may include: information about purchase activity on connected accounts; other financial data, such as account balances; information about account activity; updates and other content from the Company; and commercial solicitations from the Company and its third-party partners.

Turning Off Messages and Push Notifications

You can disable messages at any time by replying "Stop." You can also adjust the frequency and type of messages by going to your Settings page on your user dashboard.

 

If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Normal messaging rates apply.

Authorizing Trim to Access Your Account

By signing up for Trim, you authorize Trim to access your connected account(s) on an ongoing basis and download relevant information in order to provide the Service. To withdraw this authorization, you may cancel and delete your account at any time from your Settings page and/or emailing us at help@asktrim.com.

   

Mobile Data - Payment Cancellation

The Company reviews certain transactions on the accounts with financial institutions that you connect to your user account in order see if there are continued subscriptions that you may be unaware of. The Company will then notify you of the subscriptions either through your mobile phone via SMS or mobile data plan and ask if you would like to terminate the subscription. Upon your confirmation that you would like to cancel the subscription the Company will attempt to cancel the subscription. The Company will attempt to provide notice to you by email and/or text message that the cancellation request has been submitted to the biller. Continued use of the service will result in the Company providing additional information in a similar manner.

 

Security

It is your sole responsibility to ensure that your devices, and the confidential information that they may contain, are kept secure. Messages sent to you by the Company may contain personally identifiable, sensitive, and confidential financial information. It is up to you, the user, to ensure that this information is kept safe after it is transmitted to your phone, for example by enabling a passcode lock on your phone. Please do not allow any unauthorized access to your phone or personal information.

 

Refund Policy

We want to make sure you are 100% happy with your purchase. All requests for a refund must be made within 30 days of payment. Please contact us at help@asktrim.com. Today, we do not charge users on a subscription basis. However, we may do so in the future. When and if we do so, you will be able to easily cancel your subscription at any time. There will be no cancellation fees, though no refunds will be provided for prorated periods.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Bank Transfers

The Company may take payment from you in return for specific Services provided or execute transactions on your behalf by transferring money from your bank account. For these transactions, the Company may make electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your bank account in the amount you specify. You agree that such requests constitute your authorization to the Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and the Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules (collectively, the "ACH Rules"), or applicable law.

 

Debit Card Processing

The Company will process your debit card-funded transactions through either the debit card's ATM debit network or the Visa/MasterCard network, as the Company may elect at its discretion.

 

Credit Card Information

If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.

 

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Release of the Company

If you have a dispute with one or more third parties relating to payment, we are not responsible for any such dispute and you hereby release the Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

 

You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of having acquired or not acquired any information through the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Liability

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by the Company, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Services. You agree to reimburse the Company, a user, or a third party for any and all such liability.

 

You acknowledge that you are responsible for the accuracy of all payments sent using the Services, including but not limited to the accuracy of the amount paid and the recipient. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

You acknowledge that you hold the Company harmless for any errors made during the provision of the Services. These errors may include, but are not limited to: not cancelling a subscription as requested, or not executing a cancellation in a timely manner; not succeeding in negotiating a bill; not fending off or alerting the user to cross-sells and up-sells by billers; not succeeding in filing a price protection claim; or not providing accurate or timely financial information. The Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may cancel your account at any time from within your user dashboard.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Third Party Websites

The Company’s website may feature third party offers and enable product searches. The Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content provided by a third party on the Company’s website is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by the Company of any product, service or vendor. In some cases the Company may be compensated for providing this information and/or providing specific recommendations for products and services.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 is allowed to provide any personal or payment information to us through the Services. If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at the information provided below in the "Contact Us" section.

 

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy at www.asktrim.com/privacy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

 

Notices

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

You agree that the Company may provide notice to you by posting it on our website (including but not limited to our Privacy Policy ,

 

If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Restricted Activities

In connection with your use of our website, your account, the Services, or in the course of your interactions with the Company, a user or a third party, you will not:

  • breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with the Company (including a policy);
  • violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
  • infringe the Company's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • provide false, inaccurate or misleading Personal Information;
  • send or receive what we reasonably believe to be potentially fraudulent funds;
  • refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
  • use an anonymizing proxy;
  • control an account that is linked to another account that has engaged in any of these restricted activities;
  • control or possess more than one account without authorization from the Company;
  • conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to the Company, a user, a third party or you;
  • use your account or the services in a manner that the Company, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
  • send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  • use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  • use any device, software or routine to bypass or attempt to interfere, with our website or the services;
  • take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
  • use the Service to test credit card behaviors.

 

Contact Us

If you have any questions about these Terms, please contact us at help@asktrim.com.