Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you and PLUCKY MONEY LLC (“Plucky Money,” “we,” “us,” or “our”). They govern your access to and use of the Plucky Money mobile app, the website at pluckymoney.com and related services (together, the “Service”).

By creating an account, submitting a request or otherwise using the Service, you agree to these Terms and to our Privacy Policy, E-Consent and Credit Authorization, which are part of these Terms. If you do not agree, do not use the Service.

1. The Service and our role

Plucky Money is a loan-comparison and connection service. You submit a request through the Service, and, with your agreement, we send it to independent lenders and lending partners in our network so they can decide whether to make you an offer. We then show you any offers they make.

Plucky Money is not a lender. We do not make loans or credit decisions, and we do not issue, fund, service or collect loans. We do not set rates, fees or repayment terms, and we are not a loan broker, financial advisor or agent of any lender. Any offer comes solely from an independent lender, and any loan agreement is between you and that lender only.

Showing you an offer is not a recommendation or endorsement of any lender or product. You are responsible for deciding whether an offer is right for you.

2. Eligibility

You may use the Service only if you:

• are at least 18 years old;
• are a legal resident of the United States; and
• have the legal capacity to enter into these Terms.

By using the Service, you confirm that you meet these requirements. Lenders may have additional eligibility requirements of their own.

3. Your account

To use the Service, you create an account using your phone number and a one-time verification code. You agree to:

• provide accurate, current and complete information, and keep it up to date;
• create only one account, for yourself, and not on behalf of anyone else;
• keep your phone and verification codes secure and not share them; and
• tell us promptly at contact@pluckymoney.com if you believe someone has accessed your account without permission.

You are responsible for activity in your account. We may suspend or close accounts as described in Section 19.

4. Submitting a request

When you submit a request and agree in the app to share it, you authorize us to send the information in your request to lenders and lending partners in our network. You also authorize those lenders and partners to use it to evaluate your request, verify your identity and contact you about it, including by obtaining consumer reports, as described in our Credit Authorization.

Once a lender or partner receives your information, its use is governed by that lender's or partner's own terms and privacy policy. If you accept an offer, you will enter into an agreement directly with the lender, and that agreement, not these Terms, governs your loan.

You confirm that all information you submit is true and belongs to you. Submitting false information, or information about another person, may be a violation of law.

5. No guarantee of offers or approval

Submitting a request does not guarantee that you will receive an offer, be approved, or get any particular amount, rate or term. Lenders decide on their own, under their own criteria. Offer amounts, rates, fees and terms shown in the Service come from lenders and may change after the lender reviews your information.

Not all lenders operate in every state, and the Service does not include every lender or loan product on the market. You may be able to find better terms elsewhere.

6. Fees and our compensation

The Service is free for you. We never charge you a fee to submit a request, see offers or connect with a lender, and we will never ask you for money to do so. If anyone claiming to represent Plucky Money asks you for payment, please report it to contact@pluckymoney.com.

We are compensated by lenders and lending partners when we connect them with consumers. This compensation may affect which lenders are in our network, which offers you see and the order in which they appear. It does not change the rates, fees or terms any lender offers you. See our Advertiser Disclosure and How we make money.

7. Communications

You agree to receive communications from us electronically, including by email, text message and notices in the Service, as described in our E-Consent. We send verification codes and messages about your request and account by text message and email. Message and data rates may apply. How we handle calls, texts and emails, and how to stop them, is described in Section 8 of our Privacy Policy.

8. Acceptable use

You agree not to:

• use the Service for any unlawful, fraudulent or commercial purpose, or on behalf of anyone other than yourself;
• submit false or misleading information, or impersonate any person;
• access the Service by automated means, such as bots, scrapers or scripts, without our written permission;
• interfere with, disrupt or try to gain unauthorized access to the Service, other accounts or our systems;
• copy, modify, reverse engineer or create derivative works from the Service, except as permitted by law;
• use the Service to send spam or harmful code; or
• help anyone else do any of these things.

9. Educational content and tools

The Service includes educational content, such as our Smart Borrowing Guide, and tools, such as our payment calculator. They are for general information only and are not financial, legal or tax advice. Calculator results are estimates based on the numbers you enter; they are not offers or quotes, and your actual terms will come from a lender.

10. Third-party services and links

The Service may link to or show offers from lenders, partners and other third parties. We do not control and are not responsible for their websites, products, terms, privacy practices or conduct. Your dealings with them are solely between you and them.

11. App store terms

If you downloaded the app from the Apple App Store:

• these Terms are between you and Plucky Money only, not Apple, and Plucky Money, not Apple, is responsible for the app and its content;
• your license to use the app is limited to use on Apple-branded devices you own or control, as permitted by the App Store's usage rules;
• Apple has no obligation to provide maintenance or support for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the app;
• Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection claims;
• Apple is not responsible for investigating, defending or settling any claim that the app infringes a third party's intellectual property rights;
• you confirm that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Intellectual property

The Service, including the Plucky Money name and logo, design, text, graphics, images and software, is owned by or licensed to PLUCKY MONEY LLC and protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not copy, modify, distribute, sell or lease any part of the Service without our prior written consent.

If you send us ideas or feedback, we may use them without any obligation to you.

13. Privacy

Our Privacy Policy explains how we collect, use, disclose and protect your personal information, including when we sell it to lenders and how you can opt out. Please read it.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION IN THE SERVICE IS ACCURATE OR COMPLETE. WE MAKE NO REPRESENTATIONS ABOUT ANY LENDER OR PARTNER, OR ABOUT THE TERMS, PRODUCTS OR CONDUCT OF ANY LENDER OR PARTNER.

Some states do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUCKY MONEY LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY DEALINGS BETWEEN YOU AND A LENDER OR PARTNER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some states do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless PLUCKY MONEY LLC and its members, officers, employees and agents from claims, losses and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your misuse of the Service, or your submission of false information or information belonging to someone else.

17. Dispute resolution and arbitration

Informal resolution first. Before starting arbitration or a small claims case, you and we agree to try to resolve any dispute informally for at least 30 days. To start, send a written notice describing the dispute and the relief you want to contact@pluckymoney.com with the subject “Dispute notice,” including your name and the email or phone number in your account. We will send any notice to the contact details in your account.

Agreement to arbitrate. If the dispute is not resolved within 30 days, you and we agree that any dispute, claim or controversy arising out of or relating to the Service or these Terms, including their formation, scope or enforceability (“Dispute”), will be resolved by binding individual arbitration, not in court. This agreement is governed by the Federal Arbitration Act.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek relief in court to stop infringement or misuse of intellectual property.

Rules and costs. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules, available at adr.org. Payment of filing, administration and arbitrator fees will follow those rules, under which the business pays most fees in consumer cases. The arbitration will take place in the county where you live, or by phone or video, unless you and we agree otherwise. The arbitrator may award any individual relief a court could award.

Class action and jury trial waiver. YOU AND WE EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding.

Public injunctive relief. To the extent a claim seeks public injunctive relief that cannot be waived under applicable law, that claim will be severed and decided by a court after any individual claims are arbitrated.

If part of this section is unenforceable. If the class action waiver is found unenforceable for any Dispute, that Dispute will proceed in court and not in arbitration. If any other part of this section is found unenforceable, the rest will still apply.

Your right to opt out. You may opt out of this arbitration agreement by emailing contact@pluckymoney.com within 30 days after you first accept these Terms, with the subject “Arbitration opt-out” and your name and the email or phone number in your account. Opting out will not affect any other part of these Terms or your use of the Service.

Changes. If we change this section, the change will not apply to any Dispute we already knew about or you had already notified us of before the change.

This section survives the end of your relationship with us.

18. Governing law and venue

These Terms are governed by the Federal Arbitration Act, applicable federal law and the laws of the State of Florida, without regard to conflict-of-laws rules. For any Dispute not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida, except that small claims may be brought in your county of residence.

19. Suspension and termination

You may stop using the Service and ask us to delete your account at any time, as described in our Privacy Policy. We may suspend or terminate your access to the Service if you violate these Terms, if we suspect fraud or misuse, or if we stop offering the Service. Sections that by their nature should survive, including Sections 6 and 12 to 22, will survive termination.

20. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top shows when they last changed. If we make material changes, we will tell you through the Service or by email before they take effect. If you continue to use the Service after the changes take effect, you accept the updated Terms. If you do not agree, stop using the Service.

21. General

• Entire agreement. These Terms, together with the documents they reference, are the entire agreement between you and us about the Service.
• Severability. If any provision is found unenforceable, the rest of these Terms remain in effect, except as stated in Section 17.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours, including in connection with a merger, acquisition or sale of assets.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Headings. Headings are for convenience only.

22. Contact us

Questions about these Terms? Contact us: