Terms of Service

Last Updated: Dec 19, 2023
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‍Introduction
Thank you for choosing to use Wilbur. We provide a platform (the “Platform”) that encompasses installable software to help you budget and manage your finances. Wilbur also allows you to earn extra rewards by participating in surveys. Wilbur is managed by Square Knot Analytics and is referred to in these provisions as “Wilbur” or simply “us.” When you use the Platform, you enter into a binding contract with us.

If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.

Agreement to These Terms
You need to agree to these terms to use our Platform. By using the Platform, you are agreeing to allow us to share your data for marketing research purposes, as described in our Privacy Policy, consistent with applicable law. This data may include answers to our surveys and transaction information collected from your bank accounts and stored in the Wilbur app. All data is anonymized when shared with outside third parties. We do not sell your personally identifiable information, and you will not receive any marketing messages or offers as a result of using our Platform. You will be invited to participate in our surveys.  

To access and/or use the Platform, you acknowledge and agree:

• To the terms and conditions of this agreement (“Agreement”), which includes:
• Wilbur’s Privacy Policy;
• The current version of the terms set out in Section A and Section B; and
• Any additional provisions and conditions provided separately to you for your use of the Platform, which may include terms and conditions from third parties (which we refer to as “Additional Terms”)
• You are at least 18 years of age;
• You are capable of forming a binding contract with Wilbur; and
• You are not a person who is prohibited from using the Platform under the laws of Canada, the United States, or any other applicable jurisdiction.

You understand that by using Wilbur, you are providing written instructions in accordance with applicable legislation to permit Wilbur and its affiliated companies to obtain and periodically refresh your bank account data to allow for the budgeting Platform to work properly. You understand that your instructions authorize Wilbur and its affiliated companies to obtain such information now and periodically in the future for as long as you have a registered and active Wilbur account. We will stop refreshing your information when you cancel your account through your account settings, or when you delete your data.

‍Your Personal Information
You agree that Wilbur and its affiliated companies may use and maintain your personal information according to our Privacy Policy and any changes published by us.

To the extent we allow you to input personal information (as the term is defined under applicable law) about other individuals other than yourself, you represent and warrant that you have complied with all applicable laws and received the proper authority or consent to allow us to collect and process such information to operate our business, in accordance with our Privacy Policy.  

Registration of Background Information
‍With respect to the data that Wilbur shares with its customers, Wilbur needs certain demographic and personal information about you, including confidential information, for instance, your income.

Providing Wilbur with this personal information is a condition for participation in any surveys as it would otherwise not be possible for us to determine whether your participation in any survey would meet such survey's criteria. We also may ask some basic details about your household and any children you may have and in respect of which you are the parent/legal guardian. The information collected from your financial institutions are also used to help determine if you meet the criteria for surveys. The use of this data will help shorten the surveys you participate in. The combination of all of the data collected helps pay for Wilbur to make it a free-to-use Platform.  

During the registration process and during your participation in our research surveys, you agree to provide only true, accurate, and complete information and agree to update your Wilbur account related information that you supplied to ensure it remains up to date and accurate.

Email Policy
‍As you have voluntarily downloaded and registered to use Wilbur and confirmed your email address, you should not mark emails or other communication received from us as spam or unsolicited communication, and you might be responsible for any resulting damage to Wilbur and its affiliated companies. Depending on your mail-box security settings, the survey invitations you receive from us might be directed to your bulk / junk mail or similar folder. To avoid this, please add the surveyinvitation@wilburbudget.com address to your address book.

Participation in Surveys
‍Users of Wilbur will receive relevant survey invitation links through notifications in the Platform, by e-mail, by SMS, or other electronic communication from Wilbur. There is no obligation for you to answer such surveys. Each survey is only to be answered once. Please do not mark e-mails from Wilbur as spam, as explained in the previous section. Wilbur is not bound to send surveys to all Panelists for each new survey; nor can Wilbur guarantee a minimum or a maximum number of surveys per year. Wilbur takes great precautions to manage the integrity of its technology infrastructure. Still, should any viruses appear in the e-mails sent to you, Wilbur is not liable for the consequences that such cases may entail and thus no compensation may be claimed from Wilbur for this.

Surveys that are hosted by Wilbur will sometimes be hosted by websites outside of Wilbur’s control. All of these other websites are independent from Wilbur, and Wilbur has no control over, and no responsibility or liability for, these other websites or their contents, or their use. Wilbur provides these links solely for your convenience to participate in surveys and to earn rewards. Wilbur does not sponsor or endorse any of these other websites or their content or the goods or services available through these other websites. Your use of these other websites and your dealings with the owners or operators of these other websites is at your own risk. Your use of any linked site is subject to the terms and conditions applicable to that site. Links to the Platform without Wilbur’s express written permission are strictly prohibited. The framing of the Platform or any of its content in any form and by any method is strictly prohibited.

Reward Allocation
‍In connection with your use of the Wilbur budgeting app, you may have the opportunity to accumulate rewards, incentives and entries into prize draws or sweepstakes. The type and size of the reward will vary based on the type of task and factors such as but not limited to, difficulty, length, or other similar elements. Incentives may be in the form of points or program/panel currency (“Panel Currency”). Panel Currency has no monetary value and cannot be redeemed for cash; Panel Currency may not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.

You must earn $20 in Panel Currency before they can be redeemed. Redemption occurs electronically via the Wilbur platform and the reward is transferred electronically into an account of your choice using one of several options. If you request to be unsubscribed from the Panel you should redeem all your available incentives (must be at the $20 minimum) prior to unsubscribing, otherwise you will forfeit the remaining incentives and your incentives account will be automatically deleted. There may be instances when the incentives for recently completed surveys do not immediately appear in your account. In such cases the points will be added later to your account.

Wilbur reserves the right, at any time, to implement a verification period (of maximum 96 hours), during which your reward will be held in "Pending" status. During this period, we will undertake quality control and fraud prevention checks.  When the necessary number of Panelists have answered a survey, or you do not actually fit the profile, Wilbur or its clients have the right to end the survey at any stage and not collect further answers. In such a situation and depending on the stage reached in any survey, a reduced reward or no reward may be earned. Rewards earned by users of Wilbur expire after 6 months of consecutive account inactivity to our survey invitations. If you remove Wilbur from your mobile phone for more than 30 consecutive days, any rewards earned will expire.

Confidentiality
‍When participating in surveys through Wilbur, you may be asked to review new concepts, products and packaging that are still in development and as such not known to the general public. You may come in contact with, be allowed to see, use or otherwise have access to certain non-public, confidential, proprietary, or trade secret information or material that are the sole and exclusive property of our relevant client, including, without limitation, information with respect to the client products (collectively, "Confidential Information"). You must not copy, print, store, forward or disclose to anyone by any means, the Confidential Information you will have access to, and must not use the Confidential Information for other purpose than the purpose it was disclosed to you.  

Participant Conditions and Changes
We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the Platform or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications.

In some cases, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to these changes, you may stop using the Platform or terminate your account.

Similarly, we may update the Platform, including with tools, utilities, improvements or third-party applications. You agree to receive these updates. We may further modify, suspend or discontinue the Platform at any time. You agree that we will not be liable to you or any third party for any modification, suspensions, or discontinuance of the Platform.

From time to time, we may contact you by e-mail for account administration purposes, as well as through e-mail newsletters or special announcements containing key information related to your Wilbur membership activity and key Wilbur updates ("Membership Updates").

We may also send you email communication about (i) rewards that you may be eligible for through your participation in our surveys, and (ii) new Wilbur engagement campaigns that we have regarding (new) rewards and/or redemption (collectively named "Engagement Updates"). Receiving any of these Engagement Updates is optional and you can separately opt-out from Engagement Updates at any time by using the unsubscribe link provided in those emails.

In some cases, individual surveys may be subject to additional conditions of which you will be made aware at the beginning of such survey. You will be under no obligation to accept such additional conditions; however, this may affect your eligibility for such survey.

Your Rights to Use the Platform
You may access and use the Platform for your own internal, lawful and non-commercial purposes only. Participation in at least one survey per year is required for you to remain an active user of Wilbur.  

We reserve the sole right to deny use of the Platform, without any requirement to justify such a rejection.

Account
You need to sign up for an account to use the Platform. We need to verify your identity, and you authorize us to collect information (e.g., date of birth and other personally identifiable information) from you to do so (collectively, with all information requested to enable your account, “Account Information”). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the Platform and affect the Platform’s accuracy and effectiveness.

You are responsible for securely managing your Account Information, including any password(s) for the Platform. You will notify us immediately if you believe that your Account Information or device you use to access the Platform has been lost or stolen or that someone is using your account without your permission.

Payment & Cancellations
Using Wilbur is free to use. We reserve the right to charge fees in the future for enhanced features. For any enhanced features that you subscribe to, you may cancel the subscription at any time (but you may not receive a refund).

Mobile App Use
The Platform may be available through one or more apps for a compatible mobile device. You agree that you are solely responsible for any applicable changes, updates and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.

With respect to the applicable Software, you are only granted limited rights to install and use the Software you have downloaded and signed up for. Wilbur and its affiliated companies reserve all other rights in the applicable Software not granted to you in writing in this Agreement. Conditional upon your compliance with the terms and conditions of this Agreement (including all payment obligations), Wilbur grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the applicable Software only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement or in Wilbur’s then-current product discontinuation policies (as updated from time to time) and only for the purposes described by Wilbur for the applicable Software.

You acknowledge and agree that such Software is licensed, not sold.

Content Ownership, Usage, and Data Collection
‍Anything you create, submit, or share, including survey responses and the data gathered from your financial institutions through the app (collectively referred to as "Content"), is solely your responsibility. This encompasses data, survey responses, financial information, materials, text, graphics, images, audio, and video that you upload, transmit, post, generate, or make available through the Platform. You're not obligated to provide any content to the Platform, and you have the freedom to choose what content you want to share. Certain functions within the Platform, including the functionality derived from survey information and financial data, may rely on the provision of this Content and might not be accessible without it.

Ownership and Licensing
‍Your Content remains yours, meaning you retain all intellectual property rights you have in your Content. However, by sharing your Content on the Platform, you grant Wilbur a license to use your Content. Here's what this license covers:
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1. Coverage: This license applies to your Content protected by intellectual property rights, including survey responses and financial data.
2. Scope: The license is:
   • Worldwide: Valid anywhere in the world.
   ‍• Non-exclusive: You can still share or use your Content elsewhere.
   ‍• Royalty-free: No fees are associated with this license.
3. Rights: This license allows Wilbur to:
   ‍• Host, reproduce, distribute, communicate, sublicense, and use your Content. For example, storing your survey responses and financial data on our systems and making them accessible.
   • Modify and create derivative works based on your Content, such as anonymizing or aggregating it for analysis.
4. Purpose: This license is specifically for:
   ‍• Operating, providing, and enhancing the Platform, ensuring it functions as designed, and developing new features and services.
5. Duration: This license lasts as long as your Content remains protected by intellectual property rights.

Usage of Deidentified Data
‍Wilbur may gather deidentified or aggregated data concerning your Platform usage, survey responses, and financial information derived from your Content. Wilbur will own this data and may use it without restriction. This includes operating, analyzing, improving, or promoting Wilbur's products and services, including the Platform.

Prohibited Uses
Wilbur does not condone or support any activity that is illegal, violates the rights of others, harms or damages Wilbur’s reputation, or could cause Wilbur to be liable to a third party. At minimum, you may not use the Platform to:

• Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;
• Post or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable or infringing;
• Transmit any virus, trojan horse, or other disruptive or harmful software or data;
• Send any unsolicited or unauthorized advertising, such as spam;
• Impersonate or misrepresent your affiliation with Wilbur;
• Reproduce, modify, resell, license, or provide free or unauthorized access to the Platform or make the Platform available on any file-sharing, virtual desktop or application hosting service;
• Attempt to reverse engineer, decompile or disassemble in any way any of the Platform;
• Engage in unauthorized access, monitoring, interference with, or use of the Platform or third-party accounts, information (including personal information), computers, systems or networks, including scraping or downloading content that doesn’t belong to you;
• Fraudulently participate in any of our surveys, or our Privacy Policy, or specific survey rules;  
• Use the Platform for general archiving or back-up purposes; or
• Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.

We take copyright seriously at Wilbur. We respect the copyrights of others and expect you to do the same. If you infringe the copyrights of others, we may terminate your account. Wilbur may terminate your use of the Platform based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.

Wilbur may (but has no obligation to) monitor the use of the Platform or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect Wilbur or its customers, or operate the Platform properly.

Termination
This Agreement is effective until you cancel your account or Wilbur terminates this Agreement (or your account). Wilbur may terminate this Agreement (and your account) or suspend the Platform at any time in our discretion.
Please note that removing the Wilbur mobile app from your device may not cancel your subscription or delete your data. If you wish to delete your data, please follow the instructions in our Privacy Policy.

Wilbur Communications
In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email or messaging functionality in the Platform. We want to provide you options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Platform. You will need to notify us of any changes to your contact details to ensure your preferences are updated.

Third Party Account Information
‍When you direct Wilbur to retrieve your account information from third parties (such as Plaid or Flinks), you grant Wilbur a limited power of attorney to access the third-party services to retrieve such account information. Wilbur will be acting as your agent and will not be acting on behalf of the third party. Wilbur does not review third party account information for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For clarity, Wilbur is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.

Disclaimers
The only warranties we make about the Platform are (1) stated in this Agreement, or (2) as provided under applicable laws. The Platform is otherwise provided “asis,” and we do not make any other warranties about the Platform. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Platform, nor of any content (including any Content) or information made available in the Platform. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of delivery of the Platform.

Limitation of Liability
The performance of the Platform and all content contained on, downloaded or accessed from the Platform are provided to you on an "as is, where is, when available" basis. Wilbur disclaims all conditions, terms, representations and warranties, express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, merchantable quality, quality, fitness for a particular purpose, title and non-infringement, with respect to the Platform or any of the content.

Wilbur reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of the Platform or any information or services offered thereon, including your password access (if any), without liability or notice to you.

Wilbur does not warrant that the Platform and the content are free from errors, computer viruses or other program limitations or that the Platform and the content will be accessible and perform in accordance with your expectations. You specifically acknowledge that Wilbur and its associated companies will not be liable for any defamatory, offensive or illegal conduct of third parties. The operation of the Platform may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.

By agreeing to use Wilbur you hereby assign all of your right, title and interest in and to all survey results, project results, questionnaire results, market research results, creative suggestions, ideas, concepts, or other information (collectively, the "Submissions") which you provide to Wilbur, so that Wilbur shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature worldwide and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you warrant that all "moral rights" in those Submissions have been waived. You agree that you shall have no recourse against Wilbur for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.  

Indemnity Obligations
You will indemnify and hold harmless Wilbur and its affiliated companies for any losses, damages, judgments, fines, costs and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of the Platform or violation of this Agreement.

Wilbur reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by Wilbur in the defense of any claims.

General Terms (Miscellaneous)

Governing Law
British Columbia law will govern all disputes arising out of or relating to the Platform, this Agreement and any Additional Terms, regardless of conflict of laws rules.

‍Waiver
If we waive some of our rights under this Agreement, it doesn’t mean we waive our rights in other circumstances. Wilbur’s failure to act or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by Wilbur of any of the provisions in the Agreement must be made in writing and signed by a duly authorized officer of Wilbur.

‍Assignment
Wilbur may assign this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our consent. Any attempts to do so without our consent will be void.

‍Severability
If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed, and the remaining provisions will remain in full force and effect
Vancouver BC V6B 1B8

‍Contact Information

If you have any questions about the Platform or this Agreement, please contact our User Support Team. They can be contacted by: Email sent to: support@wilburbudget.com with “Wilbur Panel” as the subject line.

Or by letter sent to:
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Ref: Wilbur Panel
Panel Support Team
Square Knot Analytics
321-501 Water Street
Vancouver BC V6B 1B8