This agreement contains the terms for your use of Libro Credit Union Limited’s (“Libro”) Yooli application (“Services”). The Services are provided by MX Technologies, Inc. (“MX”) from the United States. To use the Services you must be a Libro Owner. This agreement is in addition to, and subject to the terms of Libro’s Service Agreement and any other agreement in effect between Libro and its Owners. Permissions, limitations, designations, and authorizations contained herein are for both Libro and MX, even if they are expressed as being to Libro. MX’s provision of the Services is subject to an agreement between Libro and MX. To learn more about the relationship between MX, Libro, and Libro members, please see our Yooli FAQs [www.libro.ca/yooli-faqs]. You can read MX’s Privacy Policy by visiting www.mx.com/privacy-policy. If there are any inconsistencies between the Yooli FAQs and either this agreement or Libro’s Service Agreement, the terms of this agreement and Libro’s Service Agreement will govern.
1. Accurate Information. The information you provide through the Services must be accurate, current, up to date, and complete. You will not misrepresent your identity or account information. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you access through the Services, and that you have the authority to (i) designate Libro as your agent, (ii) use the Services, and (iii) give Libro the passwords, usernames, and all other information you provide.
2. Authority to Access Information. Your use of the Services is your authorization for Libro, as your agent, to access third party sites that you designate to retrieve information. You authorize Libro to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Services for the purpose of accessing those sites and accounts on your behalf as if you were doing so yourself. Third-party sites may rely on the authorizations granted by you or through your account. The Services will be provided by MX from the United States, and the data you provide through the Services, including your personally identifiable information, will be processed from within the United States.
Libro does not have access to user information aggregated from other financial institutions into Yooli. As described in section 5, Libro has access to aggregated and anonymized financial data derived from other information, but not on the level of a single user. MX and Libro also tracks behavioural and usage data to help improve Yooli.
3. Third Party Accounts. With respect to any third-party sites and non- Libro accounts you access through the Services:
a. You are responsible for all fees charged by the third party. You must comply with the terms of those parties. This agreement does not amend any agreements you have with third parties. If you have a dispute or question about any transaction on a non- Libro account, you must direct those to the account provider.
b. Any links to third party sites are for your convenience only. Libro does not sponsor or endorse third party sites, or have any responsibility for any transactions or inquiries you initiate at third party sites. Libro is not liable for any damages or costs of any type arising out of or in any way connected with your use of third party services.
4. Acceptance of User Agreement and Changes. Your use of the Services constitutes your acceptance of this agreement. Libro my change this agreement at any time, and will notify you of any material change via e-mail or on our website by providing a link to the revised agreement. Your continued use will indicate your acceptance of the revised agreement..
5. Aggregated Data. The Services are provided in accordance with Libro’s [https://www.libro.ca/legal/privacy-policy] and MX’s [www.mx.com/privacy-policy] privacy policies. Aggregate information that has been anonymized, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by Libro to conduct analytical research, performance tracking and benchmarking. MX may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with third parties other than as necessary to provide the Services, and will not be sold to third parties.
6. User Conduct. You will not use the Services or the content or information delivered through the Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Services to impersonate another person or entity; (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, privacy, or false advertising); (c) create liability for Libro or cause Libro to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Services in such a manner as to gain unauthorized entry or access to computer systems. If you use the Services in violation of this agreement Libro may cancel your use of the Services.
7. Indemnification. You will defend, indemnify and hold harmless Libro, its third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable legal fees and costs, arising out of or in any way connected with access to or use of the Services under your account, your violation of these terms, or your infringement of any intellectual property or other right of anyone.
8. Disclaimer. When using the Services, you may incur technical or other difficulties. Libro is not responsible for any technical or other difficulties or any resulting damages you may incur. Your use of the Services and all information and content is at your risk and is provided on an “as is” and “as available” basis. Libro does not promise that the Services will be uninterrupted, timely, secure, or error-free, that the results from the services will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through the services will meet your expectations. Any information provided as part of the Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice. The Services are strictly informational in nature and are provided with the understanding that Libro is not providing accounting, investment, tax, legal, financial or other professional advice or services via the Services. If such advice is required, the services of a competent professional should be sought. Libro is not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Services or any materials or information accessible through it. Past performance does not guarantee future results.
9. Limitation of Liability. All promises made by Libro are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply. You cannot collect any damages from Libro for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) for any damages of any kind (whether direct, indirect, incidental, special, consequential, or punitive or otherwise). Libro relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
10. Other Terms. You may not assign this agreement. A determination that any provision of this agreement is unenforceable or invalid shall not render any other provision of this agreement unenforceable or invalid.