These terms are provided in English. English is the controlling language.
Please read this first
Benjamin is a personal budgeting and financial insights application. Section 4 explains, in plain language, what Benjamin is and, just as importantly, what Benjamin is not. Please read Section 4 before you use the Services.
Section 21 contains a binding arbitration provision and a class action waiver that affect your legal rights. You may opt out of arbitration within 30 days as described in Section 21.6.
1. Agreement to these terms
1.1 These Terms of Service (the "Terms") are a binding agreement between you ("you" or "User") and Wasder, Inc., a Delaware corporation with its principal place of business at 300 Grant Avenue, San Francisco, California ("Wasder," "we," "us," or "our").
1.2 These Terms govern your access to and use of the Benjamin application, the Benjamin product pages at wasd3r.com/products/benjamin, and all related features, content, and services (collectively, the "Services"). "Benjamin" is a product name and brand of Wasder, Inc. and is not a separate legal entity.
1.3 By creating an account, connecting a financial account, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
1.4 Certain features require separate, specific consent that is presented to you at the time you enable that feature. Your agreement to these Terms alone does not authorize those features. This applies in particular to Section 9 (Credit Information).
2. Definitions
"Connected Account" means a financial account you link to the Services, such as a checking account, savings account, credit card, loan account, or investment account.
"Financial Data" means transaction records, balances, account identifiers, liability details, investment account balances and holdings, and related information obtained from a Connected Account through our data aggregation provider.
"Credit Information" means a consumer report, consumer credit report, credit score, or credit file information obtained from a consumer reporting agency as those terms are used in the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (the "FCRA").
"Insights" means the summaries, categorizations, budgets, projections, observations, and suggestions that the Services generate from Financial Data.
"Beta Program" means the limited-access testing phase described in Section 11.
3. Eligibility
3.1 You must be at least 18 years old, a resident of the United States, and legally capable of entering into a binding contract.
3.2 You may only connect financial accounts that you own or are legally authorized to access. You may not connect an account belonging to another person, including a spouse, family member, or employer, without that person's authorization and their own agreement to these Terms.
3.3 The Services are offered only in the United States and are not directed to individuals located outside the United States.
4. What Benjamin is, and what Benjamin is not
This section is important. It describes the boundaries of the Services.
4.1 What Benjamin is
Benjamin is a financial information and budgeting tool. With your permission, Benjamin reads information from the financial accounts you choose to connect, organizes and categorizes that information, and presents you with insights about your income, spending, cash flow, and outstanding balances. Benjamin may also show you information about consumer financial products, including credit cards, and may select or order what it shows you based on your Financial Data. That information is provided so that you can evaluate options for yourself. It is not a determination that you qualify for anything, and Section 10 describes its limits.
4.2 What Benjamin is not
Benjamin is not a lender. We do not originate, underwrite, fund, service, or extend credit of any kind. We do not offer personal loans, lines of credit, credit cards, mortgages, or any other credit product.
Benjamin is not a broker or a loan broker. We do not act as your agent or as an agent of any lender, issuer, or financial institution in arranging, negotiating, or procuring credit on your behalf.
Benjamin is not a credit repair organization. We do not repair, improve, restore, rebuild, alter, or attempt to alter your credit report, credit history, credit record, or credit score or rating. We do not dispute items on your credit report on your behalf, do not contact consumer reporting agencies on your behalf, and do not sell or provide any service for the express or implied purpose of improving your credit record, credit history, or credit rating. Nothing in the Services should be understood as a promise, guarantee, or representation that your credit score will increase or that any negative information will be removed from your credit file.
Benjamin is not a consumer reporting agency. We do not assemble or evaluate consumer credit information for the purpose of furnishing consumer reports to third parties.
Benjamin is not a financial advisor, investment adviser, broker-dealer, tax advisor, accountant, or attorney. We do not provide investment advice, do not recommend or offer securities, do not manage assets, do not hold or transmit your funds, and do not provide legal or tax advice.
Benjamin is not a bank and does not hold your money. We never take custody of, move, transfer, or initiate payments from your funds.
Benjamin does not guarantee approval for anything. Any information we show you about a financial product is informational only. It is not an offer of credit, not a pre-approval, not a pre-qualification, and not a determination that you are or are not eligible for any product. Only the issuer or lender can decide whether to extend credit to you, and it will apply its own criteria.
4.3 Informational purposes only
All Insights, summaries, categorizations, projections, and suggestions provided through the Services are for general informational and educational purposes only. They are not personalized investment, legal, tax, accounting, or credit advice, and they do not take into account your complete financial circumstances or objectives. You are solely responsible for your financial decisions. We strongly encourage you to consult a qualified professional before making a significant financial decision.
5. Description of the Services
5.1 Subject to these Terms, the Services may include:
- linking financial accounts you select;
- importing and displaying transaction history, balances, and liability information from those accounts;
- displaying balances and holdings from any investment accounts you connect, for informational purposes only;
- automatic categorization of transactions and identification of recurring charges and subscriptions;
- budgets, spending summaries, cash-flow views, and trend analysis;
- observations and suggestions generated by automated systems, including artificial intelligence, about your spending patterns and opportunities to reduce costs;
- general educational information about consumer financial products, including credit card features, fees, and rewards structures.
5.2 We may add, change, suspend, or discontinue any feature at any time. During the Beta Program in particular, features are experimental and may change frequently or be removed.
5.3 The Services do not involve digital assets. The Services do not offer, facilitate, custody, exchange, or transact in cryptocurrency, stablecoins, digital tokens, or blockchain-based assets of any kind. Other products operated by Wasder, Inc. under different brands are separate from Benjamin, are governed by their own separate terms, and are not part of the Services.
6. Your account
6.1 You must provide accurate and complete registration information and keep it current.
6.2 You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at gm@wasd3r.com if you suspect unauthorized access.
6.3 We may suspend or terminate your account as described in Section 20.
7. Connecting your financial accounts
7.1 You choose what to connect. The Services only access financial accounts that you affirmatively select and authorize. You are never required to connect any particular account, and you may connect as few or as many as you wish.
7.2 Our data aggregation provider. We use Plaid Inc. ("Plaid") to establish and maintain connections to your financial institutions. When you connect an account, you will interact with Plaid's interface and authenticate directly with your financial institution. Plaid, not Wasder, receives your financial institution login credentials. Wasder does not receive, see, or store your online banking username or password.
7.3 Plaid's terms apply to Plaid's role. By connecting an account, you also agree that Plaid may collect, use, and share your information in accordance with the Plaid End User Privacy Policy, available at plaid.com/legal. We encourage you to read it. Plaid acts as our service provider for the purpose of retrieving the Financial Data you have authorized us to receive.
7.4 Your authorization to us. By connecting an account, you authorize Wasder to access, retrieve, store, and process the Financial Data from that account in order to provide the Services to you, and to continue doing so on an ongoing basis until you disconnect the account or close your Benjamin account.
7.5 Refresh frequency and accuracy. Financial Data is refreshed periodically, not continuously, and is not real time. Data availability depends on your financial institution and on Plaid, and connections can break, expire, or require you to re-authenticate. Balances and transactions shown in the Services may be delayed, incomplete, pending, or subsequently revised by your institution. Always treat your financial institution's own records as authoritative. We are not responsible for errors, omissions, or delays originating from a financial institution or from Plaid.
7.6 Disconnecting. You may disconnect any Connected Account at any time through the Services. When you disconnect an account, we will terminate the corresponding data connection, which stops further retrieval of Financial Data from that account. Section 14 describes what happens to data we have already received.
7.7 You may also review and manage the connections you have made through Plaid at my.plaid.com.
8. Automated processing and artificial intelligence
This section describes how the Services generate Insights. Please read it carefully.
8.1 We use automated systems, including artificial intelligence. The Services use automated processing, statistical methods, machine learning, and large language models to categorize transactions, detect patterns, generate summaries, and produce the Insights and suggestions presented to you. Insights are generated substantially or entirely without individualized human review.
8.2 Third-party AI service providers. To generate Insights, we may transmit Financial Data, or information derived from Financial Data, to third-party artificial intelligence service providers that act as our service providers and process that information solely on our behalf and solely to provide the Services to you. We contract with these providers to require that they:
- process the information only on our documented instructions and only to deliver the Services;
- not use the information to train, fine-tune, or otherwise improve their own general-purpose models;
- not retain the information beyond what is necessary to return a result to us, subject to any minimum retention required by law;
- maintain appropriate administrative, technical, and physical safeguards; and
- not sell or share the information or use it for their own purposes.
8.3 Credit Information is excluded from third-party AI processing. If and when the Services obtain Credit Information under Section 9, we will not transmit that Credit Information, or any field extracted from a consumer report, to any third-party artificial intelligence service provider. Credit Information will be processed only within systems we control.
8.4 We do not use your data to build products for others. We do not use your Financial Data or Credit Information to develop credit scores or scoring models, to create consumer reports about you for third parties, or to build data products sold to third parties.
8.5 Automated output can be wrong. Automated systems, including artificial intelligence, can produce results that are inaccurate, incomplete, outdated, or unsuitable for your circumstances. Insights may misclassify a transaction, misidentify a merchant, miscalculate a trend, or make an unhelpful suggestion. You should independently verify any Insight before relying on it, and you remain solely responsible for your financial decisions. See Sections 4.3, 17, and 18.
8.6 Reporting problems. If an Insight appears materially inaccurate, please tell us at gm@wasd3r.com so we can investigate and improve the Services.
9. Credit information: not currently active
9.1 Current status. As of the Effective Date, the Services do not obtain, access, or display Credit Information, and Wasder does not request consumer reports or credit scores from any consumer reporting agency. Any credit-related view within the Services is derived solely from the Financial Data of the accounts you have connected, for example the balances, credit limits, and payment activity reported by your own connected credit card accounts, and is not a consumer report or a credit score.
9.2 Separate authorization required before activation. We may offer Credit Information features in the future. If we do, we will not obtain any Credit Information about you unless and until you provide separate, express, affirmative written authorization, presented to you on its own screen, distinct from these Terms, and not pre-selected or bundled with any other consent. Continued use of the Services will not constitute such authorization.
9.3 The basis for any future access. If you provide that authorization, we will obtain Credit Information in accordance with your written instructions as that basis is described in the FCRA, 15 U.S.C. 1681b(a)(2), and solely for the purpose you authorize: providing you with personalized financial insights and information about consumer financial products. We will not obtain Credit Information about you for any other purpose, and we will not obtain Credit Information about a person who has not authorized it.
9.4 Soft inquiries. Any credit inquiry we make under an authorization described in this Section 9 will be a soft inquiry requested by you. Credit scoring models generally do not treat a soft inquiry the way they treat a hard inquiry, but scoring methodology is set by the scoring model provider and is outside our control. If you later apply for a product with a lender or issuer, that company may conduct its own hard inquiry, which is outside our control and may affect your score.
9.5 We are not a consumer reporting agency. Wasder does not assemble or evaluate consumer credit information for the purpose of furnishing consumer reports to third parties, and does not furnish consumer reports.
9.6 Disputes about credit file accuracy. We do not create, control, or correct the contents of your credit file. If you believe information in your credit file is inaccurate or incomplete, you have the right under the FCRA to dispute it directly with the consumer reporting agency that maintains the file and with the furnisher of the information. We will tell you which consumer reporting agency supplied any Credit Information we display so that you can exercise that right. We do not dispute items on your behalf.
9.7 Withdrawal. You may withdraw any authorization given under this Section 9 at any time through the Services or by contacting gm@wasd3r.com. Withdrawal stops any further inquiries. Withdrawal does not affect inquiries already made.
9.8 No adverse action. We do not use Credit Information to deny you any product, service, or benefit, and we do not make eligibility determinations. See Section 4.2.
10. Information about financial products and compensation
10.1 The Services may display information about third-party financial products, including credit cards, such as published fees, interest rates, rewards structures, and features. Which products we show you, and the order in which we show them, may be based on your Financial Data.
10.2 This information is not an offer, an endorsement, or a recommendation that you apply. It is educational. Terms and availability are set by the issuer, may change without notice, and may differ from what we display. You must review the issuer's own terms before applying. We do not guarantee that any information about a third-party product is current, complete, or accurate.
10.3 Compensation disclosure. We may in the future receive compensation from third parties, including issuers, lenders, or advertising partners, when a user views, clicks, applies for, or is approved for a product presented in the Services. Where we receive or may receive such compensation, we will disclose that fact clearly and conspicuously at the point where the product is presented, and we will disclose whether compensation affects which products are shown or the order in which they appear. As of the Effective Date, we do not receive any such compensation.
10.4 We are not responsible for the products, services, acts, or omissions of any third-party financial institution, issuer, or lender, or for any agreement you enter into with them.
11. Beta Program
11.1 The Services are currently offered as a limited-access Beta Program to a closed group of invited participants.
11.2 The Beta Program is provided free of charge. We do not charge, bill, or collect any fee from Beta Program participants, and we do not require any payment method.
11.3 Beta features are pre-release, may contain defects, may produce inaccurate results, may be changed or removed without notice, and may be less reliable than a generally available product. The Beta Program is provided "as is" and "as available" with no warranty of any kind. See Section 17.
11.4 We may collect your feedback about the Services. If you provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you. Do not include confidential information in feedback.
11.5 We may end the Beta Program, or your participation in it, at any time.
12. Fees
12.1 The Services are currently provided free of charge. There are no subscription fees, usage fees, or other charges.
12.2 If we introduce paid features, we will notify you in advance and present the price, billing frequency, renewal terms, and cancellation method clearly and separately. Paid features will require your separate affirmative consent, and you will never be charged automatically as a result of your existing free account. We will comply with applicable automatic renewal and cancellation laws.
12.3 You are responsible for any charges imposed by your financial institution, mobile carrier, or internet provider in connection with your use of the Services.
13. Acceptable use
13.1 You agree not to:
- connect an account you do not own or lack authority to access;
- provide false, misleading, or another person's identifying information;
- use the Services for any unlawful purpose, or in violation of any applicable law or regulation;
- attempt to obtain information about any person other than yourself;
- reverse engineer, decompile, scrape, or attempt to extract source code, models, or underlying data from the Services, except where such restriction is prohibited by law;
- interfere with, disrupt, overload, or attempt to gain unauthorized access to the Services or any related system;
- resell, sublicense, or commercially exploit the Services or any output of the Services;
- use the Services or any output to develop a competing product or service, or to train a machine learning model;
- use the Services to make any decision regarding another person's eligibility for credit, insurance, employment, housing, or any other purpose regulated by the FCRA.
13.2 We may investigate and take action, including suspension or termination, for any violation.
14. Data, privacy, retention, and deletion
14.1 Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms.
14.2 We do not sell your personal information, and we do not share it for cross-context behavioral advertising.
14.3 Financial Data. We retain Financial Data for as long as your account is active and for a limited period afterward as described in our Privacy Policy, or longer where required by law. We use Financial Data to provide and improve the Services, to maintain security and prevent fraud, and to comply with legal obligations.
14.4 Credit Information. If Section 9 features are activated in the future, Credit Information will be stored separately from Financial Data, subject to its own retention limits and access controls, and subject to any additional restrictions imposed by the consumer reporting agencies and their contracts. Credit Information will not be commingled with Financial Data for retention or processing purposes and will not be transmitted to third-party AI service providers as stated in Section 8.3.
14.5 Safeguards. We treat information obtained through the Services as nonpublic personal information and maintain an information security program with administrative, technical, and physical safeguards designed to protect it, consistent with the Gramm-Leach-Bliley Act and applicable law. No system is perfectly secure, and we cannot guarantee absolute security.
14.6 Disconnection and deletion. You may disconnect any Connected Account at any time, and you may delete your account at any time through the Services or by contacting gm@wasd3r.com. Upon deletion, we will delete or de-identify the personal information associated with your account within a commercially reasonable period, and we will instruct Plaid to remove the corresponding data connections, except where retention is required by law, needed to resolve disputes, or necessary to enforce our agreements.
14.7 Your rights. Depending on where you live, you may have rights to access, correct, delete, or obtain a copy of your personal information, and to appeal a denial of those rights. Our Privacy Policy explains how to exercise them.
15. Intellectual property
15.1 The Services, including all software, models, designs, text, and branding, are owned by Wasder, Inc. or its licensors and are protected by intellectual property laws.
15.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your own personal, non-commercial purposes, subject to these Terms.
15.3 You retain ownership of the information you provide. You grant us a non-exclusive, worldwide, royalty-free license to host, process, display, and analyze that information solely to provide, secure, and improve the Services consistent with our Privacy Policy and Section 8.
16. Third-party services
16.1 The Services rely on and may link to third-party services, including Plaid, financial institutions, and infrastructure providers. Those services are governed by their own terms and privacy policies.
16.2 We do not control and are not responsible for third-party services, their availability, or their content, and we make no representations about them.
17. Disclaimers of warranties
17.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WASDER, INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
17.2 WE DO NOT WARRANT THAT the Services will be uninterrupted, secure, or error-free; that Financial Data will be complete, accurate, current, or timely; that Insights will be accurate, reliable, or suitable for your circumstances; or that any defect will be corrected.
17.3 NO FINANCIAL OUTCOME IS PROMISED. We make no representation or warranty that using the Services will improve your financial position, increase your savings, reduce your debt, improve your credit score or credit standing, or result in approval for any financial product.
17.4 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
18. Limitation of liability
18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WASDER, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR FINANCIAL OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, whether based in contract, tort, strict liability, or any other theory, even if we have been advised of the possibility of such damages.
18.2 OUR TOTAL AGGREGATE LIABILITY arising out of or relating to these Terms or the Services will not exceed the greater of (a) the total amount you paid us for the Services in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Because the Services are currently provided free of charge, you acknowledge that this limit is currently US$100.
18.3 Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or gross negligence, or any rights you have under the FCRA or other consumer protection statutes.
18.4 Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
19. Indemnification
You agree to indemnify and hold harmless Wasder, Inc. and its officers, directors, employees, and agents from any claim, demand, loss, or expense, including reasonable attorneys' fees, arising out of (a) your violation of these Terms, (b) your violation of any law or third-party right, or (c) your connection of an account you did not own or lack authority to access.
20. Term and termination
20.1 These Terms apply from your first use of the Services until terminated.
20.2 You may terminate at any time by deleting your account.
20.3 We may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms, if required by law or by a service provider, if necessary to protect the security of the Services or other users, or if we discontinue the Services.
20.4 Upon termination, your license to use the Services ends. Sections 4, 8.4, 9.5, 14, 15.1, 17, 18, 19, 21, and 23 survive termination.
21. Dispute resolution, arbitration, and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
21.1 Informal resolution first. Before starting arbitration, you agree to contact us at legal@wasd3r.com with a written description of the dispute and the relief you seek, and to allow us 60 days to attempt to resolve it informally. We agree to do the same before initiating a claim against you.
21.2 Agreement to arbitrate. If informal resolution fails, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except as provided in Sections 21.3 and 21.6.
21.3 Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive relief in court to protect intellectual property or prevent unauthorized access.
21.4 Class action waiver. YOU AND WASDER, INC. AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and the remainder of this Section 21 will remain in effect.
21.5 Location and costs. Arbitration will be conducted in the county where you reside or, at your election, by telephone, videoconference, or on written submissions. We will pay arbitration filing and administrative fees to the extent required by the applicable rules.
21.6 30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@wasd3r.com with your name, the email address associated with your account, and a clear statement that you wish to opt out, within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms and will not affect your use of the Services.
22. Changes to these terms
22.1 We may modify these Terms. If a change is material, we will provide at least 30 days' advance notice by email or in-app notice before it takes effect.
22.2 Your continued use after the effective date of a change constitutes acceptance. If you do not agree, you may delete your account before the change takes effect.
22.3 A change to these Terms will never, by itself, authorize us to obtain Credit Information about you. That authorization must always be given separately as described in Section 9.2.
23. General
23.1 Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 21. Nothing in this section deprives you of the protection of mandatory consumer protection provisions of the law of the state in which you reside.
23.2 Venue. Subject to Section 21, any action not subject to arbitration will be brought exclusively in the state or federal courts located in San Francisco County, California.
23.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
23.4 No waiver. Our failure to enforce any provision is not a waiver of that provision.
23.5 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you.
23.6 Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Wasder, Inc. regarding the Services.
23.7 Electronic communications. You consent to receive communications from us electronically, and you agree that electronic notices satisfy any legal requirement that a communication be in writing.
23.8 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
24. State-specific notices
24.1 California residents. Under California Civil Code Section 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California residents also have rights under the California Consumer Privacy Act as described in our Privacy Policy.
25. Contact us
Wasder, Inc. 300 Grant Avenue, San Francisco, California 94108
- Support, privacy requests, and security reports: gm@wasd3r.com
- Legal notices: legal@wasd3r.com
Benjamin is a product of Wasder, Inc. All content is for informational and educational purposes only.