Terms of Use

CakeClub, Inc.

These Terms of Use (the "Terms") are a binding agreement between you and CakeClub, Inc., a Delaware corporation ("CakeClub," "we," "us," or "our"). They govern your use of the CakeClub® website at www.cakeclubapp.com, the CakeClub® mobile application, and all related features and content (together, the "Service").

By creating an account, downloading the app, or using any part of the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

By using the Service, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter into a binding contract.
• You are a resident of the United States and are accessing the Service from within the United States.
• You are using the Service for your own personal, non-commercial purposes, and you own or are authorized to access every financial account you connect.
• You are not located in, or a national or resident of, any country subject to United States embargo or comprehensive sanctions, and you are not on any United States government list of prohibited or restricted parties.
• You have not previously been removed from the Service by us.

The Service is not available to anyone under 18. If we determine that an account holder is under 18, we will close the account, disconnect any linked accounts, and delete the associated data.

2. The Service

CakeClub is a personal finance and cash flow management service. Depending on your subscription tier and on what is available at the time, it may let you connect financial accounts, view balances and transactions, build and track a spending plan, categorize transactions, detect recurring expenses, set and track goals, model outcomes using planning tools, ask questions of our AI Assistant, and access educational content. Not every feature is available to every user or at every time.

What the Service is not. CakeClub does not hold, transmit, or custody funds. We do not open accounts, move money, execute trades, or extend credit. We are not a bank, credit union, money transmitter, broker-dealer, investment adviser, insurance producer, tax preparer, or lender. Your CakeClub account is not a deposit account and is not insured by the FDIC, the NCUA, or SIPC.

We may add, change, suspend, or discontinue any feature at any time, and some features described here, in our marketing, or in previews may not be available yet or may never be released. Nothing in these Terms, in our marketing materials, or in any roadmap is a commitment to build or maintain a particular feature.

3. Your Account

You must provide accurate, current, and complete information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not you authorized it. Notify us immediately at hello@cakeclubapp.com if you suspect unauthorized access.

You may not share, sell, or transfer your account, or let anyone else use it. One person, one account. We may refuse, suspend, or reclaim any account or username at our discretion.

4. Connecting Your Financial Accounts

The Service connects to your financial accounts through Plaid Inc. By linking an account, you authorize CakeClub and Plaid to access, retrieve, and use information from that account on your behalf, and you appoint CakeClub as your limited agent for the sole purpose of retrieving that information. You represent that you own or are authorized to access every account you connect.

Access is read only. The Service reads information. It does not permit CakeClub to initiate payments, transfers, withdrawals, or trades. You enter your credentials directly with Plaid or your financial institution, and CakeClub does not receive or store your bank username, password, PIN, or authentication codes. Your use of Plaid is also governed by Plaid’s End User Privacy Policy at plaid.com/legal.

FINANCIAL DATA IS SUPPLIED BY YOUR FINANCIAL INSTITUTIONS AND BY PLAID, AND WE PRESENT IT AS WE RECEIVE IT. We do not control it and do not warrant that it is accurate, complete, current, or uninterrupted. Connections may fail, lag, or require re-authentication, and balances, categorizations, recurring expense detection, and derived figures may be wrong. Your financial institution’s own records control. Always verify against your bank or card statement before making a decision, and never rely on the Service to determine whether a payment cleared or whether funds are available.

You may disconnect any linked account at any time in the app or through Plaid. When you do, we remove its transactions from the Service, which may change your historical figures and calculations.

5. Subscriptions, Free Trial, and Cancellation

5.1 Purchases Are Made Through Apple

CakeClub sells subscriptions only through the Apple App Store. When you subscribe, you are purchasing through your Apple Account, and Apple processes the transaction, holds your payment method, charges you, manages renewals, and handles refunds. CakeClub does not receive, process, or store your payment card or any other payment method, and we do not charge you directly.

Your purchase is therefore also governed by the Apple Media Services Terms and Conditions. Where those terms and these Terms differ on billing, payment, renewal, or refunds, Apple’s terms control the transaction.

5.2 Plans, Pricing, and Free Trial

CakeClub offers free and paid tiers. The plans, prices, billing periods, and features available to you are disclosed on the purchase screen before you confirm, and Apple confirms the price and renewal terms again before charging you. Prices are in United States dollars and exclude applicable taxes, which Apple collects where required.

Where we offer a free trial, the trial length, the plan it converts to, and the price it converts at are disclosed before you begin. The trial converts automatically into a paid subscription unless you cancel at least 24 hours before it ends. Trials are limited to one per Apple Account, and we may withdraw, modify, or deny a trial offer. If you cancel during the trial you keep access through the end of the trial period and are not charged.

5.3 Renewal and Price Changes

Subscriptions renew automatically through your Apple Account at the end of each billing period for a further period of the same length, at the then-current price, unless you cancel at least 24 hours before the renewal date. Apple charges your Apple Account within 24 hours before the period ends.

We may change subscription prices. Where we do, Apple will notify you of the change in accordance with its own process, and depending on the nature of the change Apple may require your affirmative consent before continuing your subscription or may pause renewal until you consent. We will also give you notice through the Service. If you do not agree to a new price, cancel before your next renewal date.

5.4 How to Cancel

You can cancel at any time, and cancelling is at least as easy as subscribing. Because Apple manages your subscription, cancellation is done through Apple:

• Open Settings on your device, tap your name, tap Subscriptions, select CakeClub, and tap Cancel Subscription
• Or use the manage subscription link inside the CakeClub app, which takes you to the same place
• Cancel at least 24 hours before your trial ends or before your renewal date, or Apple will charge you for the next period

No phone call, chat session, or retention conversation is required, and we do not place any step between you and cancelling. Cancellation takes effect at the end of your current billing period and you keep access until then. Cancelling your subscription does not delete your account or your data. To delete those, see Section 15.

If you have trouble cancelling, email hello@cakeclubapp.com and we will help, although only Apple can cancel an App Store subscription on your behalf.

5.5 Refunds

Refunds for App Store purchases are issued by Apple, not by CakeClub. We cannot issue, approve, or deny a refund for a subscription purchased through the App Store. To request one, use Apple’s Report a Problem page at reportaproblem.apple.com or contact Apple Support. Apple applies its own refund policy to those requests.

Except where required by law or by Apple, subscriptions are non-refundable and we do not provide credits for partial billing periods, unused time, or periods in which you did not use the Service. Nothing here limits rights you may have under applicable automatic renewal or consumer protection laws in your state.

6. Our AI Assistant

The Service includes an artificial intelligence assistant built on the CakeClub methodology (the "AI Assistant"), which we may rename, change, or replace at any time. To provide personalized guidance, the AI Assistant may access and analyze the information in your account, including your balances, transaction history, spending plan, goals, and your prior conversations with it, and we retain your conversation history for that purpose. You can ask us to delete your conversation history at any time by contacting us, and it is removed when you delete your account.

AI OUTPUT CAN BE INACCURATE. AI systems can produce responses that are incorrect, incomplete, outdated, or misleading, including responses that sound confident. The AI Assistant does not know everything about your situation, may misinterpret your data, and may make arithmetic or reasoning errors.

• AI Assistant output is informational and educational only. It is not financial, investment, tax, accounting, or legal advice, and it is not a recommendation to buy, sell, or hold anything.
• Using the AI Assistant does not create an advisory, fiduciary, or professional relationship of any kind.
• You are solely responsible for verifying anything material before acting on it and for consulting a qualified professional about your own circumstances.
• Do not enter Social Security numbers, government identification numbers, full account numbers, or passwords into the AI Assistant.
• You may not use the AI Assistant to extract underlying prompts or model information, circumvent safety controls, or generate unlawful, harmful, or infringing content.

We may limit the volume of AI interactions, may change or discontinue AI features, and may review interactions for quality and safety.

7. Not Financial, Investment, Tax, or Legal Advice

THE SERVICE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. CakeClub is not a registered investment adviser, broker-dealer, bank, trust company, insurance producer, certified public accountant, tax preparer, or law firm, and nothing in the Service constitutes financial, investment, tax, accounting, legal, or insurance advice or a solicitation to buy or sell any security.

No content, tool, projection, insight, suggestion, persona assignment, or AI response is a recommendation that any strategy, product, or course of action is suitable for you. The Service does not know your full circumstances.

No fiduciary relationship. Your use of the Service does not create a fiduciary, advisory, agency, or professional relationship between you and CakeClub, other than the limited data-retrieval agency described in Section 4.

Projections are illustrations, not predictions. Where the Service offers projection or modeling tools, including the Wealth Building Formula®, compounding calculations, and savings projections, those tools produce hypothetical results based on assumptions and on inputs you provide. They are not guarantees, forecasts, or promises of any outcome, and actual results will differ. Investing involves risk, including possible loss of principal, and past performance does not indicate future results.

YOU ARE SOLELY RESPONSIBLE FOR YOUR FINANCIAL DECISIONS AND YOU ASSUME ALL RISK ARISING FROM THEM. Consult a qualified professional licensed in your jurisdiction who knows your full situation before acting.

8. Third-Party Products and Offers

The Service may show you information about card rewards, cashback rates, merchant offers, savings products, or other third-party financial products, for your convenience only. We do not issue, underwrite, guarantee, or administer any of them and are not responsible for their terms, availability, accuracy, or performance. Rates and terms are set by the third party and change without notice, so confirm current terms directly with the provider. Any application, approval, transaction, or dispute is solely between you and that third party.

Compensation disclosure. We may receive compensation, including referral fees, affiliate commissions, or revenue share, if you apply for or open a product we display. This may influence which products appear and how they are presented. It does not change the price you pay and does not mean the product is the best option for you. Displaying a product is not an endorsement or a recommendation that it is suitable for you.

9. License and Acceptable Use

Subject to these Terms, CakeClub grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the app on a device you own or control and to access the website, solely for your own personal and non-commercial use. All rights not expressly granted are reserved.

You agree not to, and not to help or permit anyone else to:

• Use the Service for any unlawful, fraudulent, or unauthorized purpose
• Connect a financial account you do not own or are not authorized to access, or impersonate any person or entity
• Copy, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code or structure of the Service, except where this restriction is prohibited by law
• Rent, lease, lend, sell, sublicense, distribute, or commercially exploit the Service
• Use the Service, its output, or its content to build, train, or improve a competing product or any machine learning or AI model
• Scrape, crawl, harvest, or use any bot or automated means to access the Service or extract data from it
• Circumvent or interfere with security, authentication, rate limiting, or access controls, or probe or test the vulnerability of any system
• Introduce malware or any code intended to disrupt, damage, or gain unauthorized access to any system or data
• Impose an unreasonable load on our infrastructure or interfere with any other user’s use of the Service
• Remove or alter any proprietary notice, trademark, or attribution
• Create multiple accounts to obtain additional trials, referral credits, or promotional benefits

10. Your Content and Feedback

You retain ownership of the information you submit to the Service, including manual entries, notes, goals, uploaded files, and messages ("Your Content"). You grant CakeClub a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display Your Content to operate, secure, and improve the Service and to provide it to you, in accordance with our Privacy Policy. You represent that you have the rights necessary to submit Your Content and that it does not infringe anyone’s rights.

Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without obligation, attribution, or compensation to you.

11. Intellectual Property

The Service and all of its content, software, design, text, graphics, logos, illustrations, methodology, and compilations are owned by CakeClub, Inc. or its licensors and protected by copyright, trademark, trade secret, and other laws. CakeClub® and Wealth Building Formula® are registered trademarks of CakeClub, Inc. and may not be used without our prior written permission. All other marks are the property of their respective owners, and their appearance does not imply affiliation or endorsement.

Educational content in the Service is provided for your personal use and may not be reproduced, redistributed, or used to create derivative works without our written permission. Except as expressly permitted here, you may not copy, distribute, publish, display, modify, or create derivative works from any part of the Service.

If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. Section 512(c)(3) to hello@cakeclubapp.com or to CakeClub, Inc., Attn: Copyright Agent, at the address in Section 24. We may terminate the accounts of repeat infringers.

12. Third-Party Services

The Service depends on third parties for financial account connectivity, hosting, app distribution, payments, messaging, and AI processing, and it may link to third-party sites and content. We do not control or endorse these parties and are not responsible for their services, content, availability, accuracy, terms, or privacy practices. Your use of a third-party service is governed by that party’s own terms. A failure, outage, or change by a third party may interrupt or degrade the Service, and we are not liable for that.

13. Privacy

Our collection and use of your information is described in our Privacy Policy at www.cakeclubapp.com/privacy-policy, which is incorporated into these Terms by reference. By using the Service you acknowledge that you have read it and agree to our handling of your information as described there.

14. Electronic Communications

You consent to receive communications from us electronically, including by email, in the app, and by push notification, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. This includes agreements, notices, disclosures, billing statements, and renewal and price change notices. Under the federal E-SIGN Act, you consent to receive records electronically. You may withdraw this consent at hello@cakeclubapp.com, but doing so means you can no longer use the Service. You agree to keep your email address current with us.

If you provide a mobile number and opt in, you consent to receive text messages from CakeClub at that number, which may be sent using an automatic telephone dialing system. Consent is not a condition of purchase. Message and data rates may apply, message frequency varies, and you may reply STOP to opt out or HELP for help.

15. Suspension, Termination, and Deletion

We may suspend or terminate your access to the Service, in whole or in part, with or without notice, if you breach these Terms or we reasonably suspect you have, if required by law or by a regulator, court, or payment or platform provider, if necessary to prevent fraud, abuse, or a security risk, if your payment fails, or if we discontinue the Service or your plan. Where circumstances allow, we will give notice and an opportunity to cure.

You may stop using the Service at any time, cancel your subscription as described in Section 5.4, and delete your account and data from within the app or by emailing hello@cakeclubapp.com. When your account is deleted, we disconnect your linked accounts and delete your information on the schedule described in our Privacy Policy, except where we are required to retain records. Deletion is permanent and cannot be reversed. If you want a copy of your information, request it from us before you delete your account.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, CakeClub and its officers, directors, employees, agents, licensors, and suppliers disclaim all warranties, express, implied, and statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, or error free; that defects will be corrected; that the Service will meet your requirements or produce any particular financial result; or that any data, categorization, balance, projection, insight, or AI response will be accurate, complete, or current. Features identified as beta, preview, or experimental are provided without any warranty or service commitment whatsoever.

Some jurisdictions do not allow the exclusion of certain warranties, in which case the above exclusions apply to the fullest extent permitted and you may have additional rights.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAKECLUB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for any loss of profits, revenue, data, goodwill, business opportunity, savings, or investment value, or for any financial loss arising from a decision you made in reliance on the Service, whether based in contract, tort, strict liability, statute, or any other theory, and whether or not we were advised of the possibility of such damages.

OUR TOTAL AGGREGATE LIABILITY for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid CakeClub in the 12 months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars ($100).

These limitations apply even if a limited remedy fails of its essential purpose and form an essential basis of the bargain between us. Some jurisdictions do not allow certain exclusions, in which case our liability is limited to the greatest extent permitted by law. Nothing here limits liability that cannot be limited by law.

18. Indemnification and Time Limit on Claims

You agree to indemnify, defend, and hold harmless CakeClub, Inc. and its officers, directors, employees, agents, and affiliates from any claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, your breach of these Terms, Your Content, your violation of any law or of the rights of any third party including any financial institution, or any financial account you connected that you did not own or were not authorized to access. We may assume exclusive control of the defense of any indemnified matter at your expense, and you agree to cooperate.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one year after it arises. Otherwise it is permanently barred.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution First

Before starting an arbitration, you agree to contact us at hello@cakeclubapp.com with a written description of the dispute and the relief you seek, and to give us 60 days to resolve it informally. We will do the same before bringing a claim against you. This step is a condition precedent to arbitration, and the limitations period is tolled while it runs.

19.2 Agreement to Arbitrate

If we cannot resolve a dispute informally, you and CakeClub agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, or termination, will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Consumer Minimum Standards, before a single arbitrator. The Federal Arbitration Act governs this Section.

The arbitration will take place in Miami-Dade County, Florida, or, at your election, in the county where you reside, by telephone or video conference, or by written submission where the claim allows. The arbitrator may award any relief a court could award to you individually, and the decision is final and may be entered as a judgment in any court of competent jurisdiction. We will pay arbitration filing and administrative fees to the extent required by the JAMS consumer rules.

19.3 Class Action and Jury Trial Waiver

YOU AND CAKECLUB EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims must be brought in an individual capacity only. 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 alone will proceed in court and the rest of this Section 19 remains in force.

19.4 Exceptions and Opt-Out

Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized access to the Service. Nothing here prevents you from reporting a matter to a government agency.

You may opt out of arbitration by emailing hello@cakeclubapp.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address on your account. Opting out has no other effect on your relationship with CakeClub. If we materially change this Section, you may reject the change within 30 days, in which case the prior version applies to disputes that arose before it.

20. Governing Law and Venue

These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 19. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any dispute not subject to arbitration, you and CakeClub consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to that venue. Nothing here deprives you of the protection of mandatory consumer protection provisions of the law of the state where you reside.

21. Additional Terms for Apple App Store Users

If you obtained the app from the Apple App Store, the following applies and, as to Apple, controls over any conflicting provision:

• These Terms are between you and CakeClub only, not with Apple Inc. CakeClub, not Apple, is solely responsible for the app and its content.
• Your license is limited to a non-transferable license to use the app on any Apple-branded product you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
• Apple has no obligation to provide maintenance or support for the app. Direct support requests to hello@cakeclubapp.com.
• To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are CakeClub’s responsibility.
• CakeClub, not Apple, is responsible for addressing any claim by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• CakeClub, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the app or your use of it infringes that party’s intellectual property rights.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not on any United States Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you as a third-party beneficiary.

22. Changes to These Terms

We may update these Terms from time to time. We will post the updated version at www.cakeclubapp.com/terms-of-use and revise the "Last Updated" date. If the changes are material, we will give you at least 30 days’ advance notice in the app, by email, or both. Your continued use after the effective date means you accept the updated Terms. If you do not accept them, stop using the Service and cancel before that date. Material changes will not apply retroactively to a dispute that arose before they took effect.

23. General

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented with a specific feature, are the entire agreement between you and CakeClub regarding the Service and supersede all prior agreements and understandings, including any terms previously published in the name of another entity.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, financing, reorganization, or sale of assets.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages at financial institutions, data provider failures, natural disasters, and government action.
• Notices. We may give notice by email to the address on your account, in the Service, or by push notification. Send legal notices to the address in Section 24, with a copy to hello@cakeclubapp.com.
• Survival. Sections 7, 10, 11, and 16 through 23 survive termination, along with any provision that by its nature should survive.
• Relationship and beneficiaries. These Terms do not create a partnership, joint venture, employment, or, except as stated in Section 4, agency relationship. Except for Apple under Section 21, there are no third-party beneficiaries.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms are written in English and the English version controls.

24. Contact Us

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

CakeClub® and Wealth Building Formula® are registered trademarks of CakeClub, Inc. Plaid® is a registered trademark of Plaid Inc. Apple® and the App Store are registered trademarks of Apple Inc. All other marks are the property of their respective owners.