Terms of Service

Welcome to Preffin! These Terms of Service ("Terms") govern your access to and use of the Preffin mobile application, website, and related services. Please read these Terms carefully before using our Services.

1. Agreement to Terms

Preffin, Inc. ("Preffin," "we," "us," or "our") provides its services through its website at preffin.com (the "Website") and through its mobile application (the "App"), and related services (collectively, the "Services"), subject to these Terms of Service.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Services, and your continued use constitutes acceptance of the modified Terms.

2. Eligibility

To use the Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Be a legal resident of the United States
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law

By registering for an account, you represent and warrant that you meet all eligibility requirements. You may only create one account and may not share your account with others.

3. Description of Services

3.1 Cashback Rewards Program

Preffin provides a cashback rewards platform that allows you to earn cash back on qualifying purchases made at participating merchants within designated districts and special tax districts. The Services are free for consumers; cashback rewards are funded by participating merchants, districts, and sponsors.

3.2 How It Works

To earn cashback rewards, you must:

1. Create and maintain a Preffin account in good standing
2. Link a supported payment card (credit or debit) to your account
3. Make qualifying purchases at participating merchants using your linked card
4. Allow Preffin to verify your transactions through our card-linking technology

3.3 Preff Squads

Preffin may offer team-based features ("Preff Squads") that allow groups of users to earn enhanced cashback rates based on combined spending. Squad participation is subject to additional terms and limitations, including maximum squad size (7 members), membership exclusivity (one squad per user), and cooldown periods (30 days) for changing squads.

4. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Update your information to keep it accurate and current
• Immediately notify Preffin of any unauthorized use of your account
• Not share your account credentials with any third party
• Not create multiple accounts or accounts for others

Preffin reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5. Card Linking and Transaction Data

5.1 Card Linking

To participate in the cashback rewards program, you must link one or more payment cards to your Preffin account. By linking a card, you authorize Preffin and our service providers (including Fidel API and Plaid) to:

• Receive transaction data from your linked cards at participating merchants
• Verify your identity and card ownership
• Process cashback rewards based on qualifying transactions

5.2 Transaction Verification

Preffin uses card-linking technology to detect transactions and bank verification to confirm them. Cashback rewards are initially marked as "pending" and become "verified" (spendable) after confirmation, typically within 1-48 hours. If a transaction is refunded, disputed, or otherwise invalidated, any associated cashback may be revoked.

6. Cashback Rewards

6.1 Earning Cashback

Cashback rates vary by merchant, district, and promotional offers. Certain purchases may be ineligible for cashback, including but not limited to: gift cards, cash advances, taxes, tips, tobacco, alcohol (where prohibited), and lottery tickets. Preffin reserves the right to modify cashback rates and eligible purchases at any time.

6.2 Cashback Balance

Your cashback balance consists of:

• Verified Balance: Confirmed cashback that is available for redemption
• Pending Balance: Cashback awaiting verification (not yet spendable)

Cashback balances have no cash value until redeemed. Balances are not FDIC-insured and do not earn interest. You have no property rights in pending or unredeemed cashback.

6.3 Using Your Cashback

Your verified cashback balance can only be used as payment at participating Preffin merchants. Cashback cannot be withdrawn, transferred to a bank account, or converted to cash. When you make a purchase at an eligible merchant, your available cashback balance will be applied automatically or at your direction. Cashback is not redeemable for cash and has no cash value outside the Preffin network.

6.4 Expiration and Forfeiture

Cashback balances may expire if your account is inactive for six (6) consecutive months. Account termination (by you or by us) may result in forfeiture of any unredeemed cashback balance, subject to applicable law.

7. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Create multiple accounts or share accounts with others
• Provide false, misleading, or fraudulent information
• Attempt to earn cashback on transactions you did not personally make
• Engage in any activity designed to manipulate or abuse the rewards program
• Use automated systems, bots, or scrapers to access the Services
• Interfere with or disrupt the Services or servers
• Reverse engineer, decompile, or disassemble any part of the Services
• Impersonate Preffin or any other person or entity
• Violate the intellectual property rights of Preffin or third parties

8. Intellectual Property

The Services, including all content, features, and functionality, are owned by Preffin and are protected by copyright, trademark, and other intellectual property laws. The Preffin name, logo, and all related names, logos, and slogans are trademarks of Preffin. You may not use our trademarks without prior written permission.

9. Third-Party Services

The Services may integrate with or link to third-party services, including payment processors, bank verification services, and merchant platforms. Your use of third-party services is subject to their respective terms and privacy policies. Preffin is not responsible for the availability, accuracy, or content of third-party services.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PREFFIN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PREFFIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. PREFFIN IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES OF PARTICIPATING MERCHANTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREFFIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT SHALL PREFFIN'S TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PREFFIN IN THE PAST TWELVE MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Preffin and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact Preffin at legal@preffin.com to attempt to resolve the dispute informally. Most concerns can be resolved quickly through our customer support.

13.2 Binding Arbitration

ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE AND SHALL TAKE PLACE IN THE UNITED STATES.

13.3 Class Action Waiver

YOU AND PREFFIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

13.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to Preffin, Inc., Attn: Legal Department, within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration.

14. Termination

Preffin may suspend or terminate your account at any time for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease, and any unredeemed cashback may be forfeited. You may terminate your account at any time by contacting customer support.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Delaware.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Preffin regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Failure to enforce any right or provision shall not constitute a waiver.
• Assignment: You may not assign these Terms without Preffin's consent. Preffin may assign these Terms freely.
• Notices: We may provide notices via email, in-app notifications, or posting on the Services.

17. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@preffin.com
• Support: support.preffin.com
• Mail: Preffin, Inc., St. Louis, MO

18. California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights 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 (916) 445-1254 or (800) 952-5210.

19. Mobile Services and SMS Terms

19.1 Mobile Services

The Services include certain features available via mobile device, including the ability to browse the App, receive push notifications, and access cashback rewards information. To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply.

19.2 SMS/Text Messaging

By providing your phone number and opting in to receive text messages from Preffin, you consent to receive recurring automated marketing and transactional text messages at the phone number provided. Message frequency varies. Message and data rates may apply.

You consent to receive text messages regarding:

• Cashback notifications and transaction alerts
• Account security and verification codes
• Promotional offers and rewards updates
• Service announcements and updates

To opt out: Text STOP to any message to unsubscribe from promotional messages. You will receive a confirmation message. Note: You may still receive transactional messages related to your account.

For help: Text HELP for assistance or contact support@preffin.com.

Supported Carriers: AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, U.S. Cellular, MetroPCS, Cricket, Virgin Mobile, and other major carriers. Carriers are not liable for delayed or undelivered messages.

SMS services are provided on an "AS IS" basis. Preffin is not liable for any delays in the receipt of SMS messages, as delivery is subject to effective transmission from your mobile carrier.

20. Apple App Store Terms

The following terms apply to the Preffin App when downloaded from the Apple App Store ("Apple-Enabled Software"):

• These Terms are between you and Preffin only, not with Apple Inc. ("Apple"). Preffin, not Apple, is solely responsible for the Apple-Enabled Software and its content.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license on an Apple device that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support services for the Apple-Enabled Software.
• Apple is not responsible for any product warranties. If the Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation.
• Apple is not responsible for addressing any claims relating to the Apple-Enabled Software, including product liability claims, regulatory compliance, or intellectual property infringement.
• You represent that you are not located in a country subject to U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government prohibited party list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms regarding the Apple-Enabled Software and may enforce these Terms against you.

For questions about the Apple-Enabled Software, contact Preffin at: legal@preffin.com or Preffin, Inc., St. Louis, MO.

21. Google Play Terms

The following terms apply to the Preffin App when downloaded from Google Play:

• These Terms are between you and Preffin only, not with Google LLC ("Google").
• Your use of the App must comply with Google Play's Terms of Service.
• Google is not responsible for the App or its content, and has no obligation to provide maintenance, support, or warranty services.
• Google is a third-party beneficiary of these Terms and may enforce them against you.

22. Referral Program

22.1 Program Overview

Preffin offers a referral program that allows you to earn bonus cashback by referring friends and family to join Preffin. You earn a referral bonus when a new user creates an account using your personal referral code and completes a qualifying transaction.

22.2 Referral Restrictions

The Referral Program is intended for personal referrals only. You are prohibited from:

• Referring yourself using multiple accounts
• Sharing your referral code on coupon websites, deal forums, or public discussion groups
• Purchasing advertisements (including search ads, social media ads, or display ads) featuring your referral code
• Posting your referral code at participating merchant locations
• Offering additional incentives beyond the official referral bonus
• Using automated means to distribute your referral code

You may share your referral code on your personal social media accounts, provided you have fewer than 2,500 followers and do not share it in public groups or forums.

22.3 Affiliate Program

Users who wish to promote Preffin beyond personal referrals may apply to join our Affiliate Program. You may not participate in both the Referral Program and Affiliate Program simultaneously. Contact partners@preffin.com for Affiliate Program information.

23. User Content

23.1 License Grant

By submitting content to the Services (including reviews, feedback, photos, or other materials), you grant Preffin a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the Services.

23.2 Representations

You represent and warrant that:

• You own or have the necessary rights to submit the content
• The content does not infringe any third-party rights
• The content complies with our Community Guidelines
• You have obtained consent from any individuals depicted in the content

23.3 Moral Rights

To the extent permitted by law, you waive any moral rights in content you submit, including rights of attribution and integrity.

23.4 Feedback

Any feedback, suggestions, or ideas you provide about the Services are non-confidential and become the property of Preffin. We may use such feedback without compensation or attribution to you.

24. Tax Responsibility

You are solely responsible for all applicable federal, state, and local taxes associated with cashback rewards you receive. Preffin may be required to report cashback distributions to tax authorities and may issue IRS Form 1099-MISC or other tax forms if your annual cashback exceeds applicable thresholds.

We may request your tax identification number (SSN or TIN) for tax reporting purposes. Failure to provide requested tax information may result in withholding of cashback distributions or account suspension.

25. DMCA and Copyright

25.1 Copyright Policy

Preffin respects the intellectual property rights of others. If you believe that content on our Services infringes your copyright, please submit a DMCA takedown notice to:

Preffin, Inc.
Attn: DMCA Agent
St. Louis, MO
Email: legal@preffin.com

25.2 Notice Requirements

Your DMCA notice must include:

1. Identification of the copyrighted work claimed to be infringed
2. Identification of the allegedly infringing material and its location on the Services
3. Your contact information (name, address, phone number, email)
4. A statement that you have a good faith belief that the use is not authorized by the copyright owner
5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
6. Your physical or electronic signature

25.3 Repeat Infringers

Preffin may terminate accounts of users who are repeat copyright infringers.

26. Limitations Period

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. THIS LIMITATIONS PERIOD APPLIES REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

27. Export Controls

The Services and any software available through the Services are subject to United States export control laws. You agree to comply with all applicable export and re-export restrictions. You may not download, use, or export the Services or software:

• In violation of U.S. export laws or regulations
• To any country subject to U.S. embargo (currently including Cuba, Iran, North Korea, Syria, and the Crimea region)
• To any person or entity on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List

By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

28. Commercial Use Prohibition

The Services are for your personal, non-commercial use only. You may not use the Services for any commercial purpose without our express written consent. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services for commercial purposes.

29. Additional Arbitration Terms

29.1 Pre-Arbitration Notice Requirement

Before initiating arbitration, you must send a written Notice of Dispute to Preffin by certified mail at: Preffin, Inc., Attn: Legal Department, St. Louis, MO. The Notice must describe the nature and basis of the claim and the specific relief sought. If we do not resolve the dispute within sixty (60) calendar days after receiving the Notice, you may commence arbitration.

29.2 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") Consumer Arbitration Rules. For information about the AAA, visit www.adr.org. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on documents, by telephone, or in person. For claims over $10,000, the right to a hearing will be determined by AAA Rules.

29.3 Arbitration Costs

Payment of filing, administration, and arbitrator fees will be governed by AAA Rules. If you demonstrate that arbitration costs would be prohibitive compared to litigation costs, Preffin will pay as much of the fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that you are economically unable to pay your portion of the fees, Preffin will pay your portion.

29.4 Confidentiality

All aspects of the arbitration proceeding, including any ruling, decision, or award, shall be strictly confidential.

29.5 Future Changes to Arbitration

If Preffin makes any future changes to this arbitration provision (other than a change to the notice address), you may reject the change by sending written notice within thirty (30) days of the change. By rejecting the change, you agree to arbitrate disputes under the version of this provision in effect when you first accepted these Terms.

29.6 Severability of Arbitration Provision

If the class action waiver is found unenforceable, the entire arbitration provision shall be null and void. If any other part of this arbitration provision is found unenforceable, the remaining provisions shall remain in effect.