Terms of Service

Last updated

These Terms are a binding contract between you and I Totally Need That LLC, doing business as Max My Points (“MaxMyPoints,” “we,” “us”). Please read them. Section 19 limits our liability and Section 21 requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to participate in a class action.

1. Agreement
2. What the service is
3. Not financial advice
4. Estimates and accuracy
5. Your account
6. Connecting accounts
7. Statement uploads
8. Plans and billing
9. Auto-renewal and cancellation
10. Refunds and guarantee
11. Card applications
12. Acceptable use
13. Our intellectual property
14. Your content and feedback
15. Third-party services
16. Availability and changes
17. Suspension and termination
18. Disclaimers
19. Limitation of liability
20. Indemnification
21. Disputes and arbitration
22. Governing law
23. Changes to these Terms
24. General
25. Contact

1. Agreement to these Terms

By creating an account, purchasing a plan, or using MaxMyPoints, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

You must be at least 18 years old and able to form a binding contract. The service is offered only to users in the United States; we make no claim that it is appropriate or available elsewhere.

If you accept these Terms on behalf of a company or other organisation, you represent that you are authorised to bind it, and “you” means that organisation.

You consent to receive contracts, notices, disclosures and other communications from us electronically, by email or through the service. Electronic records satisfy any legal requirement that such communications be in writing.

2. What the service is

MaxMyPoints analyses your credit card transaction history and estimates the rewards you earned against what you could have earned on a different routing of that same spending, across cards you hold and cards you could hold. We produce an audit, card comparisons, and related tools such as fee analysis, welcome-offer tracking and benefit reminders.

We are a software product. We are not a bank, lender, card issuer, broker, insurer, credit repair organisation, consumer reporting agency, or investment adviser. We do not hold your money, move your money, open accounts on your behalf, or make any decision about credit.

3. Educational purposes only — not financial advice

MaxMyPoints is provided for informational and educational purposes only. Nothing in the service is financial, investment, credit, legal, accounting or tax advice, and nothing in it is a recommendation that you obtain, keep, close or use any particular financial product.

No fiduciary, advisory or professional relationship is created between you and us by your use of the service. Decisions about your credit and your money remain yours. Consult a qualified professional for advice specific to your circumstances.

Card terms, reward rates, fees, benefits, categories and offers are set by issuers and change frequently. Always confirm current terms directly with the issuer before applying for or relying on any product.

4. Estimates, data sources and accuracy

Our outputs are estimates, produced from the transaction data available to us and from our own catalogue of published card terms. They depend on assumptions, including how we categorise a merchant and how we value a reward currency.

You should not treat any figure in the service as a promise of a result.

5. Your account

You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity under your account. Do not share your login. Tell us promptly at support@maxmypoints.app if you believe your account has been compromised.

Accounts are for a single individual. Where an organisation has purchased a seat for you, that organisation may be able to see certain information about your account as described in the Privacy Policy and as you separately consent.

6. Connecting financial accounts

You may connect card or bank accounts through Plaid. When you do:

Connections break for reasons outside our control — a password change, a bank’s security policy, or an outage at the institution or at Plaid. We will try to tell you when we detect it, but we do not guarantee uninterrupted access to your data.

7. Statement uploads

You may upload statements instead of, or in addition to, connecting an account. You represent that you have the right to upload each file. We extract only the fields needed to compute your audit and, as described in the Privacy Policy, do not retain the original file.

8. Plans, prices and billing

We offer one-time audits and annual plans. Current prices and what each plan includes are shown on Pricing and at checkout, and control over anything stated elsewhere. Prices are in US dollars and exclude any applicable taxes.

Payments are processed by Stripe. We do not receive or store your full card number. You authorise us and Stripe to charge your selected payment method for the amounts shown at checkout, including renewals under Section 9.

Plans are tied to a spending threshold and other limits shown at checkout. If your usage exceeds the limits of your plan, we may ask you to upgrade.

We may change prices. A change to the price of a renewing plan will not take effect until your next renewal, and we will give you advance notice as described in Section 9.

9. Auto-renewal and how to cancel

Annual plans renew automatically. Unless you cancel first, your annual plan renews at the end of each term for a further year, and the payment method on file is charged the then-current renewal price. One-time audits do not renew and are charged once.

You can cancel at any time, online, in two clicks — open Account and choose Cancel. Cancellation is effective at the end of the current paid term; you keep access until then. We will not require you to call, email or wait to speak to anyone in order to cancel.

We will remind you before we charge you. We send a renewal reminder to your account email before each annual renewal, stating the renewal date and the amount.

You gave your affirmative consent to these renewal terms when you purchased, and we keep a record of that consent. If we change the renewal price or the renewal terms, we will notify you beforehand and, where the law requires it, obtain your consent again.

10. Refunds and the guarantee

Except as stated here or as required by law, payments are non-refundable and there are no refunds or credits for partially used terms.

To request a refund under the guarantee, use Account or contact support@maxmypoints.app.

11. Card applications and how we are paid

Some card listings link to an issuer’s application. Some of those are referral links: if you are approved through one, we or a person associated with us receive a referral reward from the issuer, at no cost to you. This is a material connection and we disclose it wherever such a link appears. Where a listing carries no referral link, we receive nothing if you apply, and we say so on that listing.

An offer reached through a referral link may differ from the issuer’s publicly advertised offer, and is sometimes more generous. We control neither, and the terms the issuer presents to you at the point of application are the only ones that bind. Where we use a referral link we also offer a direct application link carrying no benefit to us.

Compensation does not determine your audit. Rankings and routing recommendations are computed from your spending and from published card terms, and the systems that produce them do not read whether a card carries a referral link. We do not accept payment for a better ranking. We are not the issuer, we take no part in the credit decision, and approval, terms and pricing are the issuer’s alone.

We do not guarantee that you will be eligible for, or approved for, any card we suggest. Approval is the issuer’s decision alone, at its sole discretion, against criteria we neither see nor influence — your credit history and income, your existing relationships with that issuer, and the issuer’s own rules on matters such as how many accounts you have opened recently, whether you have held the card before, whether a welcome bonus has already been paid to you, and whether you meet any business-entity requirement. A suggestion is not a pre-qualification, a pre-approval, or any indication that an application will succeed.

What a suggestion is: a ranking of cards by the rewards value they would have earned on your own past spending, carried forward as an estimate of future value. It assumes your spending stays broadly similar and that published card terms do not change — and both of those do move. Estimated values are not a promise of rewards earned. Applying for a card is your own decision, is normally subject to a credit check, and may affect your credit score. Nothing here is financial, credit or tax advice; see Section 3.

12. Acceptable use

You agree not to:

We welcome good-faith security research. Report anything you find to support@maxmypoints.app before disclosing it.

13. Our intellectual property

The service, including its software, design, text, the rewards catalogue, and our comparison and valuation methodology, is owned by us or our licensors and protected by intellectual property law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the service for your own personal or internal business purposes. No other rights are granted. “MaxMyPoints” and our logo are our trademarks; card, issuer and bank names are the marks of their owners and are used for identification only.

14. Your content and feedback

You keep ownership of the data and files you provide. You grant us a licence to host, process and display that data for the purpose of providing the service to you, and as otherwise described in the Privacy Policy. If you send us feedback or suggestions, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation to you.

15. Third-party services

The service depends on third parties including Plaid, Stripe and our hosting and email providers, and links to issuer websites. Their services are governed by their own terms and privacy policies. We do not control them, do not endorse the content of linked sites, and are not responsible for their acts, omissions, availability, or for any transaction between you and them.

16. Availability, changes and beta features

We may change, add or remove features, and may suspend the service for maintenance. We do not guarantee that the service will be uninterrupted, timely, secure or error-free. Features labelled beta, preview or similar are provided as-is, may be withdrawn, and should not be relied upon.

17. Suspension and termination

You may stop using the service at any time and may delete your account from Account. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if your use creates risk or legal exposure for us or others. Where practicable we will give notice.

On termination your licence ends. Deletion of your data is handled as described in the Privacy Policy. Sections 4, 10, 13, 14 and 18 through 24 survive.

18. Disclaimer of warranties

The service, and all content and output in it, is provided “as is” and “as available,” without warranty of any kind. To the fullest extent permitted by law we disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the service will meet your requirements, that it will be uninterrupted or error-free, or that any estimate, valuation, categorisation, recommendation or figure it produces is accurate, complete or current. You are solely responsible for any decision you make in reliance on it.

19. Limitation of liability

To the fullest extent permitted by law, neither we nor our suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost rewards, lost points or miles, lost data, lost opportunity, or loss of goodwill, arising out of or relating to the service, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.

Our total aggregate liability for all claims relating to the service will not exceed the greater of (a) the total amounts you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability for fraud, or for anything that cannot lawfully be limited.

20. Indemnification

You will defend, indemnify and hold harmless MaxMyPoints and its officers, employees and agents from any claim, loss, liability and expense (including reasonable legal fees) arising from your breach of these Terms or of any law, your misuse of the service, or your connection or upload of data for an account you were not authorised to use.

21. Disputes, arbitration and class action waiver

21.1 Talk to us first

Most problems can be resolved quickly. Before starting a formal proceeding, send a written notice describing the dispute and the relief you want to support@maxmypoints.app. Both sides agree to try in good faith to resolve it for 60 days. This step is a condition of starting arbitration.

21.2 Binding individual arbitration

If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the service will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court before a judge or jury. Judgment on the award may be entered in any court of competent jurisdiction.

21.3 Class action and jury waiver

You and we each waive the right to a trial by jury and the right to bring or participate in any class, collective, consolidated or representative proceeding. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide that relief. If this paragraph is found unenforceable as to a particular claim, that claim shall proceed in court and the rest of this Section 21 still applies.

21.4 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or to stop unauthorised access.

21.5 Your right to opt out

You may reject this arbitration agreement by emailing support@maxmypoints.app with your name, the email on your account, and a statement that you opt out of arbitration, within 30 days of first accepting these Terms. Opting out affects nothing else, and we will not treat it as a reason to close your account.

22. Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction, and both parties consent to that venue. The Federal Arbitration Act governs Section 21.

23. Changes to these Terms

We may update these Terms. Each version carries the date shown at the top of this page. If we make a material change we will give notice — by email, or by asking you to accept the new version when you next sign in — before it applies to you. Continuing to use the service after a change takes effect means you accept the updated Terms. We keep a record of which version you accepted and when; you can see yours in Account.

24. General

These Terms, together with the Privacy Policy and the plan details shown at checkout, are the entire agreement between us about the service, and supersede any earlier agreement or understanding. If any provision is held unenforceable, it is severed and the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for failure to perform due to causes beyond its reasonable control. Notices to you may be sent to your account email; notices to us go to support@maxmypoints.app. Nothing in these Terms creates a partnership, agency or employment relationship, and there are no third-party beneficiaries.

25. Contact

I Totally Need That LLC d/b/a Max My Points
1909 E Ray Rd, Ste 9 - 1033
Chandler, AZ 85225
support@maxmypoints.app

One address reaches us for everything. So that time-sensitive matters are not missed, please put the topic in the subject line — Legal, Dispute notice, Arbitration opt-out, Privacy request, Security or Refund. The links throughout this page do that for you.