Terms of Service

Last updated September 26, 2024

‍Agreement between User and Kudos Technologies, Inc.

Welcome to Kudos. The www.joinkudos.com website (the "Site") is comprised of various web pages operated by Kudos Technologies, Inc ("Kudos"). www.joinkudos.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.joinkudos.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Kudos is a Smart Wallet that helps our consumers earn more and save time with every purchase.

Description of the Service

The Service includes a suite of tools that inform users which credit cards to use to maximize rewards when shopping online and help users earn additional rewards by using Kudos Boost at participating merchant sites. Kudos offers a variety of ways to access aspects of our Service, including the Kudos browser extension, Kudos Mobile App, Kudos Mobile Safari Browser Extension, Kudos Explore Tool, Maria GPT, and Dream Wallet.

Kudos does not charge fees to you for its Service. We make money to sustain the Service when you purchase or engage with Kudos Boost or apply for an affiliate credit card through Kudos. We partner with certain Merchants and we may share those commissions with you as Rewards. These partnerships allow us to provide you with certain offers and Rewards. Merchants may also pay us to feature them on our website, in emails, and elsewhere. We partner with over 15,000 merchants, but those merchants are subject to change at any time. Exclusions, restrictions, and terms and conditions (including third-party merchant exclusions, restrictions, and terms and conditions) may apply. All products you purchase from a third-party merchant, are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Kudos. Kudos is not responsible for any third-party merchant products or any information contained on the third-party merchant's website.

Kudos is not a credit card issuer and does not issue credit cards, or loans, or make credit decisions. If you choose to apply for one of the cards we recommend, there is no guarantee that you will be approved by the issuer. While we strive to help our users find suitable credit cards with a good chance of approval for their specific needs, the final decision comes from the financial institution or bank issuing the card. They evaluate numerous factors during their decision-making process, some of which may be beyond the scope of the information we use to provide our recommendations. If you decide to proceed with a provider’s application process on their website, that provider may conduct a hard credit pull, which may affect your credit score. Users are encouraged to review the terms and conditions of any credit card offer and consider their personal financial situation before applying. By using our credit card recommendation service, you acknowledge and agree to the limitations outlined in this disclaimer. Kudos is not responsible for any decisions made by credit card issuers or the outcomes of any credit card applications.

While we try to find you the best available card to use at checkout, we may not always find you the best deal. Kudos is not responsible for any missed savings or rewards opportunities or any recommendations made by Maria GPT or Dream Wallet. Maria GPT and Dream Wallet are provided on an "as is" and "as available" basis. Maria GPT and Dream Wallet make no representations or guarantees of any kind, express or implied, as to the accuracy of the information, content, materials, or products included in Maria GPT and Dream Wallet.

Kudos Boost Terms

• To receive Kudos Boost Points, you must have a Kudos account in good standing.

• You must complete your purchase transaction during the same shopping session you started after clicking on the Activate Boost link. If you visit other sites before completing your purchase or use other browser extensions, your purchase might be associated with a service other than Kudos and you might not earn Kudos Boost Points on your purchase. If you disable "cookies" on your computer so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn Kudos Boost Points because cookies are used to authenticate the user and verify you are eligible for Kudos Boost Points. If you use an ad blocker, please add Kudos to your ad blocker’s allowlist so we can receive attribution and award you Boost points for your eligible purchase.

• We periodically offer Flash Boost Sales, allowing our users to earn increased rewards at participating merchants for a limited time. These special promotions are designed to provide additional value to our users. Flash Boost Sales are subject to change without prior notice. We reserve the right to modify, suspend, or terminate any Flash Boost Sale at our sole discretion. Participation in Flash Boost Sales may be subject to specific eligibility criteria. Each Flash Boost Sale will have a set duration, which will be clearly stated in the offer details. This can change at any time. Rewards earned during a Flash Boost Sale will be calculated and applied according to the terms of the specific offer. We will make reasonable efforts to notify users of any significant changes or early termination of a Flash Boost Sale through our app, website, or email. Any rewards already earned through a Flash Boost Sale before its modification or termination will be honored according to the original terms of the offer.

• When you have accrued 1,000 or more Kudos Boost Points, you may redeem points for a gift card. You are not required to redeem your Points. Points are not money and have no value prior to redemption. Gift cards made available as a redemption option as part of our Rewards Program are subject to the terms and conditions of the applicable merchant and/or the merchant's card issuer. Gift cards and card balances are issued by (and are solely the liabilities of) the merchant or its card issuer and not Kudos. You agree that Kudos is not responsible for any gift card program, is not the issuer of any gift cards, is not the holder of any liabilities related to unredeemed gift cards, and makes no representations or warranties regarding the gift cards available through Kudos or the products and services you purchase with any such gift card. All gift card redemptions are final and non-refundable.

• Kudos Boost Points can expire. To prevent expiration, you must have an active account and earn at least 10 Points during each consecutive 365-day period (for example, from January 10th of this year to January 10th of next year). This means that if you have not earned at least 10 new points in the last 365-day period, your points will expire.

Boost Referral Program

Kudos may, from time to time, allow you to earn Boost points when you refer someone to the Service ("Boost Referral Program"). To be eligible to earn Boost points through the Referral Program (i) you must refer a new user to the Service by providing your personalized referral code, (ii) the new user must use your referral code to create a Kudos account and become a user and (iii) The new user is required to complete a purchase that meets the criteria set forth in the existing terms of the referral program.

You may not attempt to earn Boost points in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising, referral exchange groups or any paid promotional channel. We reserve the right, in our sole discretion, to withhold Boost points for any reason in connection with the Referral Program with or without cause. We may also limit, in our sole discretion and without prior notice, the amount of Boost points you may earn through the Referral Program or any aspect thereof. Failure to comply with this Agreement or any fraudulent or abusive actions may result in the removal of Boost points from your account, and may also result in Kudos suspending or closing your account and/or suspending or terminating your access to the Service.

Privacy

Your use of Kudos is subject to Kudos's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting any Kudos products or sending emails to Kudos constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kudos is not responsible for third-party access to your account that results from theft or misappropriation of your account. Kudos and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

Kudos does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.joinkudos.com only with the permission of a parent or guardian.

Links to Third-Party Sites/Third-Party Services

Kudos may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kudos and Kudos is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kudos is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kudos of the site or any association with its operators.

Certain services made available via the Kudos site and/or extension are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.joinkudos.com domain, you hereby acknowledge and consent that Kudos may share such information and data with any third party with whom Kudos has a contractual relationship to provide the requested product, service, or functionality on behalf of Kudos users and customers.

Spinwheel

We use Spinwheel ("Spinwheel"), a third-party service, to gather your credit score information. This allows us to provide you access to your ​​credit card and checking accounts, personal loans, mortgages, student loans, auto loans, and buy now pay later within Kudos. Connecting your Kudos account with Spinwheel is a completely optional and free benefit. When you connect through Spinwheel, you acknowledge and agree to Spinwheel’s Privacy Policy (https://legal.spinwheel.io/privacy/) and Terms of Service (https://legal.spinwheel.io/third-party-terms/).

Plaid

We use Plaid ("Plaid"), a third-party service, to gather your card transaction data. By opting for this service, you give Kudos permission to import your card transactions, including transactions not made using the Kudos extension or mobile app. Linking Plaid to your Kudos account unlocks richer insights that help you get the most out of your debit and credit cards for all transactions. Solely for those purposes, you agree that we can provide information about you to Plaid or its service provider(s);

You authorize and direct Plaid to act on your behalf to access, obtain, and transmit the Enhanced Data from your financial institutions, lenders, creditors, and service providers, or any of their third parties, and you consent to Plaid sharing the Enhanced Data with us. Your authorization, direction, and consent remain effective for the duration of your business relationship with us, solely to provide you with services or products that you may request from us from time to time;

When you connect through Plaid, you acknowledge and agree to Plaid’s Privacy Policy (https://plaid.com/legal/#end-user-privacy-policy) and Terms of Service (https://plaid.com/legal/#end-user-services-agreement-us/).

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.joinkudos.com strictly in accordance with these terms of use. As a condition of your use of the site and/or extension, you warrant to Kudos that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the site and/or extension in any manner that could damage, disable, overburden, or impair the site and/or extension or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site and/or extension, is the property of Kudos or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site and/or extension. Kudos content is not for resale. Your use of the site and/or extension does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Kudos and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kudos or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by Kudos from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kudos Content accessed through www.joinkudos.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kudos, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kudos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kudos in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kudos agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, DREAM WALLET, AND MARIA GPT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KUDOS TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE, IN DREAM WALLET, OR IN MARIA GPT AT ANY TIME.

KUDOS TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KUDOS TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUDOS TECHNOLOGIES, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KUDOS TECHNOLOGIES, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Kudos reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kudos as a result of this agreement or use of the Site. Kudos's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Kudos's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kudos with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kudos with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Kudos with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Kudos reserves the right, in its sole discretion, to change the Terms under which www.joinkudos.com is offered. The most current version of the Terms will supersede all previous versions. Kudos encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Kudos welcomes your questions or comments regarding the Terms:

Kudos Technologies, Inc

22247 Ybarra Rd

Woodland Hills, California 91364

Email Address:

support@joinkudos.com