Terms of Service
Last updated: June 11, 2026
These Terms of Service ("Terms") govern your access to and use of the SpendClear web application and related services (collectively, the "Service") operated by Bacenik LLC ("Bacenik," "we," "us," or "our").
By accessing or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.
1. The Service
SpendClear helps users understand modeled purchase impact from information they provide.
The Service provides educational and informational guidance using transparent, rule-based scenarios and calculations. The Service does not provide financial, legal, tax, accounting, investment, credit, insurance, banking, or other professional advice. The Service does not tell you whether to complete, delay, or avoid a purchase.
You remain solely responsible for all spending, budgeting, financial, investment, tax, legal, and purchasing decisions.
Use of the Service does not create a fiduciary, advisory, agency, professional, or special relationship between you and Bacenik.
2. Eligibility
You must be at least sixteen (16) years old, or the minimum age required to use the Service in your jurisdiction, whichever is greater.
By using the Service, you represent and warrant that you satisfy these requirements and have the legal capacity to enter into these Terms.
3. Accounts and Security
Email sign-in may be required to access some or all portions of the Service.
You are responsible for:
- maintaining access to your email account;
- protecting your account credentials and devices;
- maintaining the security of browsers and devices where your local data is stored; and
- activities that occur through your account to the extent permitted by applicable law.
You must promptly notify us if you believe your account has been accessed without authorization.
4. Acceptable Use
You agree to use the Service only in compliance with applicable law and these Terms.
You may not:
- use the Service for unlawful, fraudulent, deceptive, or abusive purposes;
- reverse engineer, decompile, disassemble, or attempt to derive source code except where prohibited by law;
- interfere with, disrupt, damage, or impair the Service or related systems;
- bypass, disable, or circumvent security measures or feature restrictions;
- access the Service through unauthorized automated means;
- scrape, harvest, or extract data from the Service without authorization;
- conduct security testing or vulnerability scanning without our prior written consent;
- impersonate another person or entity;
- misrepresent Service outputs as professional advice, credit decisions, guarantees, or certifications; or
- use the Service in a manner that infringes the rights of others.
5. Current Version and Availability
The Service is offered in its current version.
Features, functionality, availability, interfaces, eligibility requirements, and product configurations may change at any time.
Bacenik may modify, suspend, discontinue, restrict, remove, or replace any feature, functionality, content, preview feature, or portion of the Service at any time, with or without notice where permitted by law.
Availability is not guaranteed.
The current version of SpendClear does not provide direct bank-account connectivity, direct credit-card connectivity, or in-app payment processing unless expressly stated in-product.
6. Privacy
Our collection, use, storage, disclosure, and processing of information are described in the Privacy Policy.
By using the Service, you acknowledge the Privacy Policy.
7. Intellectual Property
The Service, including software, designs, interfaces, trademarks, logos, text, documentation, functionality, and related intellectual property, is owned by Bacenik or its licensors.
Subject to these Terms, Bacenik grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose.
Except for rights expressly granted in these Terms, Bacenik reserves all rights, title, and interest in and to the Service.
If you submit feedback, suggestions, ideas, bug reports, feature requests, support messages, or other communications to Bacenik, you grant Bacenik a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and otherwise exploit such submissions for any purpose without restriction or compensation to you.
You acknowledge that unauthorized use of the Service, including infringement of Bacenik intellectual property rights, may cause irreparable harm for which monetary damages may be inadequate. Bacenik may seek injunctive or other equitable relief in addition to any other remedies available at law or in equity.
8. Preview, Beta, and Experimental Features
From time to time, Bacenik may offer preview, beta, pilot, experimental, early-access, or pre-release features.
Such features:
- may contain errors, defects, inaccuracies, or interruptions;
- may change without notice;
- may be modified, suspended, or discontinued at any time; and
- may be subject to additional terms.
Bacenik makes no commitment regarding the future availability of any preview feature.
9. Financial and Professional Advice Disclaimer
The Service is an informational and educational tool only.
Outputs depend on information you provide and may reflect assumptions, estimates, simplifications, incomplete information, user error, software limitations, or other inaccuracies.
You remain solely responsible for evaluating outputs and making decisions based on your own judgment.
The Service is not a substitute for professional advice from qualified financial, legal, tax, accounting, investment, insurance, or other advisers.
See the Financial Disclaimer for additional product limitations.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
BACENIK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR RESULTS.
BACENIK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.
BACENIK DOES NOT WARRANT THAT USE OF THE SERVICE WILL RESULT IN SAVINGS, FINANCIAL BENEFITS, IMPROVED DECISIONS, OR ANY SPECIFIC OUTCOME.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACENIK, ITS AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACENIK WILL NOT BE LIABLE FOR DECISIONS, TRANSACTIONS, PURCHASES, INVESTMENTS, OBLIGATIONS, LIABILITIES, LOSSES, OR OTHER ACTIONS TAKEN OR NOT TAKEN BY YOU OR OTHERS BASED ON INFORMATION, OUTPUTS, ESTIMATES, OR GUIDANCE GENERATED BY THE SERVICE.
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND BACENIK AND THAT BACENIK WOULD NOT MAKE THE SERVICE AVAILABLE ON THE SAME TERMS WITHOUT THEM.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID BACENIK FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN THOSE JURISDICTIONS, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Bacenik, its affiliates, members, officers, directors, employees, contractors, licensors, service providers, successors, and assigns from claims, liabilities, damages, losses, and expenses arising out of:
- your misuse of the Service;
- your violation of these Terms;
- your violation of applicable law; or
- your infringement of the rights of another person or entity.
13. Export Controls and Sanctions
You may not access or use the Service in violation of applicable export-control, sanctions, trade, or embargo laws.
You represent that you are not prohibited from using the Service under applicable law.
14. Termination
You may stop using the Service at any time.
Bacenik may suspend, restrict, terminate, or discontinue access to the Service, in whole or in part, at any time for any lawful reason, including where reasonably necessary to protect the Service, comply with law, prevent misuse, address security concerns, or for business or operational reasons.
Sections that by their nature should survive termination will survive termination, including ownership, disclaimers, limitations of liability, indemnification, governing law, dispute provisions, and waivers.
15. Governing Law, Venue, and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer-protection laws require otherwise.
Before initiating any legal proceeding, to the maximum extent permitted by law, you agree to contact us at info@bacenik.com and provide a reasonable opportunity to resolve the matter informally.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED PROCEEDING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
To the maximum extent permitted by applicable law, any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction and venue of those courts, except where prohibited by applicable law.
Nothing in these Terms limits rights that cannot be waived under applicable law.
16. Force Majeure
Bacenik is not responsible for delays, interruptions, failures, or inability to perform resulting from events beyond its reasonable control, including natural disasters, internet outages, infrastructure failures, labor disputes, governmental actions, war, terrorism, cyberattacks, or failures of third-party providers.
17. Assignment
You may not assign or transfer these Terms without our prior written consent.
Bacenik may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, sale of assets, financing transaction, or by operation of law.
18. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
19. Waiver
Failure by Bacenik to enforce any provision of these Terms is not a waiver of that provision or any other provision.
20. Entire Agreement
These Terms, together with the Privacy Policy, Financial Disclaimer, and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Bacenik regarding the Service and supersede prior understandings relating to the Service.
You acknowledge that you have not relied upon any statement, representation, promise, or expectation not expressly contained in these Terms, the Privacy Policy, or the Financial Disclaimer.
21. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we may provide notice through the Service, our website, email, or other reasonable means.
The "Last updated" date will reflect the latest revision.
Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms where permitted by law.
22. Contact
Questions regarding these Terms may be directed to:
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