Terms of Service

Service operator

Soavinjato Andrianarisoa
1203 Rue Normont
Laval, Québec H7G 3H3
Canada
contact@joinophir.app

Important: This document is a legal draft and should be reviewed by qualified Québec counsel before publication or launch.

Plain-language overview

These Terms of Service govern your use of the OPHIR mobile application, website, financial data connections, budgeting tools, analytics, automated insights, and related services. The overview below is provided for convenience only. If it conflicts with the detailed provisions that follow, the detailed provisions control, subject always to rights that cannot legally be waived.

Please read the entire document carefully before creating an account, starting a subscription, or connecting a financial account.

1. Agreement and scope

These Terms of Service (the “Terms”) form a binding agreement between you and Soavinjato Andrianarisoa, carrying on activities under the name OPHIR (“OPHIR,” “we,” “us,” or “our”). They govern access to and use of the OPHIR mobile application, OPHIR websites, account aggregation features, budgeting tools, dashboards, reports, alerts, forecasts, automated insights, personal finance assistant features, customer support, and any related content or services that link to these Terms (collectively, the “Service”).

By downloading the application, creating an account, purchasing a subscription, connecting a financial account, selecting “I agree,” or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Service.

These Terms apply only to the relationship between you and OPHIR. Separate terms may apply to third-party services, including Apple, Google, Plaid, and your financial institution. Those third parties are not parties to these Terms merely because their technology or marketplace is used in connection with the Service.

Where consumer protection, privacy, language, or other applicable law gives you rights that cannot be excluded, restricted, or waived, those rights remain fully available. Any provision of these Terms must be interpreted accordingly.

2. Eligibility and availability

The Service is offered for personal and household use by residents of Canada who are at least 18 years old, have the legal capacity to enter into a contract, and use the Service in accordance with these Terms. You must not create an account for a person who does not meet these requirements.

OPHIR may support only certain provinces, territories, financial institutions, account types, currencies, devices, operating systems, or languages at a given time. Availability may change as the Service develops. Access from a location where the Service is not offered does not create an obligation for OPHIR to provide local features, regulatory support, or customer service there.

You may use OPHIR for your own finances and, where a feature expressly allows it, for a household or family budget with the knowledge and authorization of the other people whose information is included. OPHIR is not currently intended for business accounting, fiduciary administration, professional money management, or the management of funds belonging to unrelated third parties.

3. Account registration and security

You may be required to create an OPHIR account and provide information such as your name, email address, region, preferred language, and authentication credentials. You agree that account information you provide will be accurate, current, and complete, and that you will update it when necessary.

You are responsible for maintaining the confidentiality and security of your credentials, devices, passcodes, recovery methods, and any authentication factors associated with your account. You must not share credentials or permit another person to use your account unless a specific OPHIR household feature authorizes shared access.

You must promptly contact support@joinophir.app if you believe that your account, device, connected financial account, or authentication method has been compromised. OPHIR may require reasonable verification before restoring access, changing sensitive account information, or responding to a deletion request.

You are responsible for activity performed through your account to the extent permitted by law. We may suspend access when we reasonably believe this is necessary to protect you, OPHIR, another user, a financial institution, or the integrity of the Service.

4. The OPHIR Service

OPHIR is a personal financial organization and analytics service. Depending on your subscription, device, location, and connected institutions, the Service may allow you to view financial account information, categorize transactions, create budgets, organize recurring obligations, monitor cash flow, define goals, view forecasts, compare actual results with plans, and receive automated insights or recommended actions.

The Service is designed to help you understand information and make your own decisions. OPHIR does not open deposit accounts, hold customer funds, issue payment cards, lend money, execute trades, transfer money, collect debts, insure assets, or act as a bank, credit union, securities dealer, portfolio manager, financial planner, accountant, tax preparer, lawyer, or insurance intermediary.

Features may be labelled as beta, preview, experimental, or early access. Such features may be incomplete, change without notice, or produce less reliable results. You should not rely on an experimental feature for a decision that could cause significant financial or legal consequences.

5. Connected financial accounts and third-party data providers

OPHIR may permit you to connect eligible accounts held at banks, credit unions, card issuers, investment platforms, or other financial institutions. Connections may be facilitated by third-party data providers such as Plaid. By initiating a connection, you authorize OPHIR and the applicable provider to request, receive, process, and refresh account information as described in the Service and the Privacy Policy.

You represent that you are authorized to access every account you connect and to provide the required instructions and consents. You must not connect an account belonging to another person without lawful authority and that person’s knowledge where required.

Financial institutions and data providers control the availability, scope, frequency, and accuracy of data supplied through their systems. Connections may be delayed, interrupted, duplicated, incomplete, miscategorized, or discontinued. Some institutions may require you to reauthenticate or accept updated terms. OPHIR does not control those systems and does not guarantee continuous connectivity.

Unless OPHIR expressly states otherwise, OPHIR does not receive or store your online banking password. Authentication may occur through the financial institution or third-party provider. You remain subject to your institution’s agreements and security requirements.

You may disconnect an account through available settings. Disconnecting may stop future retrieval but does not necessarily delete information already imported or derived from that information. Deletion and retention are addressed in our Privacy Policy and in Section 16 of these Terms.

6. Financial information, calculations, and automated insights

OPHIR may process imported data and information you enter manually to create balances, summaries, categories, cash-flow views, budget calculations, forecasts, confidence indicators, alerts, explanations, and recommended actions. These outputs may rely on assumptions, statistical methods, rules-based logic, categorization models, or other automated processes.

Automated systems can make mistakes. Imported records may be outdated or incomplete; merchants may be incorrectly identified; transfers may be treated as income or spending; recurring transactions may be missed; and forecasts may not reflect unexpected events. You are responsible for reviewing the underlying data and determining whether an output is appropriate for your circumstances.

Any health score, stability indicator, confidence measure, risk label, projected balance, estimated savings amount, or similar metric is an OPHIR analytical construct. It is not a credit score, regulated suitability assessment, guarantee, certification, or determination by a financial institution or government authority.

OPHIR may improve models, categories, and methodologies over time. As a result, the same data may produce different outputs after an update. Historical comparisons may also change when transactions are corrected, recategorized, removed, or newly received.

7. No professional advice or fiduciary relationship

All content and outputs provided through the Service are for general informational and educational purposes. They do not constitute financial planning, investment, securities, banking, credit, mortgage, tax, accounting, legal, insurance, insolvency, or other professional advice.

OPHIR does not know every fact that may affect your decisions. Before acting on information from the Service, you should independently verify it and, where appropriate, consult a qualified professional who can assess your complete circumstances.

Nothing in the Service creates a fiduciary, advisory, trustee, agency, partnership, employment, or professional-client relationship between you and OPHIR. You remain solely responsible for financial decisions, transactions, tax filings, legal obligations, and communications with financial institutions or creditors.

You must not use OPHIR as the sole basis for emergency decisions, debt enforcement responses, insolvency steps, tax reporting, investment trades, or actions where an error or delay could cause substantial loss.

8. Subscriptions, billing, renewal, and cancellation

Access to some or all of the Service requires a paid subscription purchased through the Apple App Store or Google Play. The price, billing period, trial terms, included features, and applicable taxes will be displayed by the relevant store before purchase. Store prices may vary by platform, region, currency, promotion, or subscription plan.

Unless the purchase screen states otherwise, subscriptions renew automatically for successive billing periods until cancelled. The applicable store charges the payment method associated with your Apple ID or Google account under its own billing terms. OPHIR does not directly collect your full payment-card credentials for store purchases.

You may cancel through the subscription-management settings of the store where you purchased the subscription. Deleting the OPHIR application, disconnecting a financial account, or closing an OPHIR account does not by itself cancel a store subscription. You should cancel the subscription separately before the renewal date if you do not want another charge.

Cancellation normally takes effect at the end of the current paid period, and you may retain access until that period ends, subject to the store’s rules. Refund requests are generally administered by Apple or Google. Nothing in this Section limits any refund, cancellation, chargeback, or other remedy required by applicable law.

We may change subscription prices or plan features. Any price change will take effect only in accordance with applicable law and the procedures of the relevant store, which may require advance notice or your consent. If you do not accept a change, you may cancel before the change becomes effective.

Promotional trials or discounts may be subject to additional disclosed terms. A trial may convert into a paid subscription unless cancelled before the stated deadline. Eligibility for a promotion may be limited and may be determined by OPHIR or the applicable store.

9. Consumer disclosures and electronic contracting

Before you complete a paid subscription, OPHIR will provide, or the applicable purchase interface will display, material information such as the identity of the merchant of record or seller, a description of the Service, the price, recurring charges, taxes, billing frequency, payment terms, cancellation terms, and any material restrictions. The final store checkout and receipt form part of your transaction record.

You consent to entering into contracts and receiving notices, receipts, disclosures, and records electronically, including by email, in-app message, website publication, or store interface. You are responsible for maintaining a valid email address and a device capable of retaining or printing electronic records.

For a transaction governed by Québec rules on distance contracts, mandatory statutory requirements remain applicable, including requirements concerning pre-contract disclosure, the contents and delivery of the contract, and cancellation rights. These Terms are not intended to reduce those rights.

Apple or Google may be the merchant of record or payment intermediary for a store transaction depending on the platform and circumstances. The identity shown at checkout and on the receipt governs payment administration, without changing OPHIR’s responsibilities for providing and operating the Service.

10. Acceptable use

You may use the Service only for lawful personal and household purposes and in accordance with these Terms. You must not:

• gain or attempt to gain unauthorized access to the Service, another account, connected systems, source code, security controls, or non-public data;
• circumvent subscription controls, rate limits, authentication measures, geographic restrictions, or technical safeguards;
• use automated scripts, scraping tools, bots, or similar methods to extract data or interact with the Service except through interfaces expressly made available by OPHIR;
• introduce malware, malicious code, excessive traffic, or any content intended to disrupt, damage, test, or compromise the Service;
• reverse engineer, decompile, disassemble, or attempt to derive source code except to the limited extent such restriction is prohibited by law;
• use the Service to impersonate another person, misrepresent authority, commit fraud, launder money, evade legal obligations, or infringe the rights of another person;
• upload information that you are not authorized to use or that is unlawfully obtained;
• resell, sublicense, rent, commercially exploit, or provide the Service to third parties unless OPHIR has given written permission; or
• use Service outputs to build, train, benchmark, or improve a competing product or model without written authorization.

We may investigate suspected misuse and take proportionate measures, including restricting features, suspending an account, preserving relevant records, or reporting conduct where legally required or reasonably necessary to protect rights and safety.

11. Your content and instructions

“Your Content” means information you manually submit to the Service, such as account labels, budget amounts, notes, goals, household settings, corrections, categories, and support communications. It does not include OPHIR software, designs, models, documentation, or other proprietary materials.

You retain ownership of Your Content. You grant OPHIR a non-exclusive, worldwide, royalty-free licence to host, reproduce, process, organize, transform, display, transmit, and otherwise use Your Content only as reasonably necessary to provide, secure, maintain, support, and improve the Service, comply with law, and exercise rights under these Terms and the Privacy Policy.

You confirm that you have the rights and permissions necessary to provide Your Content and associated instructions. You remain responsible for its legality and accuracy. We may remove or restrict content that violates these Terms or applicable law.

Feedback, ideas, or suggestions you voluntarily provide may be used by OPHIR without obligation or compensation, provided that we do not identify you publicly without permission.

12. Privacy and data protection

Our collection, use, disclosure, retention, and safeguarding of personal information are described in the OPHIR Privacy Policy. The Privacy Policy forms part of the overall framework governing the Service, but it is not intended to reduce rights available under applicable privacy law.

Because OPHIR operates from Québec and serves users in Canada, more than one privacy regime may apply depending on the nature and location of processing, including Québec private-sector privacy legislation and federal requirements for interprovincial or international commercial activities where applicable.

No security system can eliminate every risk. You should use strong device security, keep software current, review account activity, and promptly notify us of suspected unauthorized access. OPHIR may send security or service messages even if you have opted out of promotional communications.

We may use service providers to host data, provide analytics, enable financial-data connectivity, deliver communications, support authentication, prevent abuse, and perform other operational functions. Those providers may process information under contractual and legal obligations described in the Privacy Policy.

13. Intellectual property and licence

The Service, including its software, interface, visual design, text, graphics, logos, trademarks, documentation, taxonomies, models, scoring methods, workflows, and compilations, is owned by or licensed to OPHIR and is protected by applicable intellectual property laws.

Subject to these Terms and payment of applicable fees, OPHIR grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to install and use the application and access the Service for your own personal and household purposes during your subscription.

No ownership rights are transferred to you. Rights not expressly granted are reserved. You must not remove proprietary notices or use OPHIR names, logos, domains, or brand elements in a way that suggests sponsorship, affiliation, or endorsement without written permission.

Third-party names and marks belong to their respective owners. References to financial institutions, Apple, Google, Plaid, or other providers do not imply endorsement unless expressly stated.

14. Third-party platforms and services

The Service may depend on or link to third-party platforms, including app stores, financial institutions, data aggregators, cloud providers, mapping services, analytics providers, communication services, and operating-system features. Your use of a third-party service is governed by its own terms and privacy practices.

OPHIR is not responsible for a third party’s acts, omissions, availability, security, accuracy, pricing, policies, or content, except to the extent liability cannot legally be excluded. A third-party outage or policy change may affect features without advance notice.

If you downloaded the application from Apple, you acknowledge that these Terms are between you and OPHIR, not Apple; OPHIR, not Apple, is responsible for the Service, maintenance and support, and claims relating to the Service, except to the extent Apple has responsibilities under its marketplace terms or applicable law. If you downloaded the application from Google Play, your use is also subject to applicable Google Play terms. In each case, the app store and its affiliates may be third-party beneficiaries of provisions intended for their protection where their terms so provide.

15. Changes, availability, and maintenance

We may update, improve, replace, limit, or discontinue features to maintain security, comply with law, respond to third-party changes, improve performance, or develop the Service. We will provide notice when required by law or when a material change adversely affects an active paid subscription.

The Service may be unavailable during maintenance, outages, security incidents, network failures, financial-institution disruptions, or events beyond our reasonable control. We do not guarantee uninterrupted, real-time, or error-free access.

We may issue application updates that are necessary for security, compatibility, or continued operation. Failure to install updates or use a supported device or operating system may result in limited functionality or loss of access.

Where a material paid feature is permanently removed during a prepaid period, we will provide any remedy required by applicable law and may offer an alternative feature, credit, or other reasonable resolution.

16. Suspension, termination, and account deletion

You may stop using the Service at any time and may request account deletion through available settings or by contacting support. Cancelling an OPHIR account does not automatically cancel an Apple App Store or Google Play subscription; you must manage the subscription through the relevant store.

We may suspend or terminate access where reasonably necessary because of non-payment, fraud, misuse, security risk, legal requirement, prolonged inactivity, violation of these Terms, or discontinuation of the Service. Where appropriate and legally required, we will provide notice and an opportunity to remedy the issue.

After termination, your licence ends and you must stop using the Service. Provisions that by their nature should survive will remain in effect, including provisions concerning ownership, accrued payment obligations, disclaimers, liability, dispute resolution, and interpretation.

Deletion does not always occur immediately. Information may remain for limited periods in backups, security logs, transaction records, legal records, or systems of third parties, as permitted or required by law and described in the Privacy Policy. Data that has been irreversibly de-identified may no longer be associated with your account.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” OPHIR DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR A PARTICULAR PURPOSE.

OPHIR DISCLAIMS IMPLIED WARRANTIES AND CONDITIONS TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

OPHIR DOES NOT GUARANTEE THE ACCURACY OR AVAILABILITY OF DATA RECEIVED FROM FINANCIAL INSTITUTIONS OR THIRD-PARTY PROVIDERS, OR THAT A FORECAST, RECOMMENDATION, CATEGORY, ALERT, OR OTHER OUTPUT WILL PRODUCE A PARTICULAR FINANCIAL RESULT.

Nothing in this Section excludes a legal warranty, consumer protection, or other right that cannot be excluded under applicable law. In particular, these Terms do not limit mandatory protections available to consumers in Québec or elsewhere in Canada.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPHIR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING FROM OR RELATING TO THE SERVICE, EVEN IF ADVISED THAT SUCH LOSS WAS POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPHIR’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE OPHIR SUBSCRIPTION DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (B) CAD $100.

The limitations in this Section do not apply to fraud, intentional fault, gross negligence where it cannot be limited, bodily or moral injury, infringement of non-waivable rights, or any other liability that applicable law does not permit the parties to exclude or limit.

You acknowledge that subscription pricing reflects the allocation of risk in these Terms. If a limitation is held unenforceable, it will be applied to the greatest extent permitted by law rather than invalidating the remaining provisions.

19. Governing law and disputes

These Terms and the relationship between you and OPHIR are governed by the laws of the Province of Québec and the federal laws of Canada applicable there, without regard to conflict-of-law rules, except where mandatory law requires another result.

Before starting formal proceedings, you and OPHIR are encouraged to attempt in good faith to resolve the issue by contacting the other party and providing a reasonable description of the concern and requested resolution. You may contact OPHIR at contact@joinophir.app.

Any dispute that is not resolved informally may be brought before a court of competent jurisdiction. Nothing in these Terms requires a Québec consumer to submit a future dispute to mandatory arbitration, waive a class proceeding, or surrender any procedural or substantive right that cannot legally be waived. Arbitration may be used only where the parties validly agree after a dispute has arisen or where otherwise lawful.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

20. Changes to these Terms

We may amend these Terms to reflect changes to the Service, law, security practices, business operations, or third-party requirements. The updated version will identify its effective date.

For a material change, we will provide notice in a manner reasonably designed to reach you, such as an in-app notice, email, website notice, or store update, and will obtain consent where required by law. Changes will not retroactively reduce accrued rights unless legally permitted and clearly agreed.

If you do not agree to an updated version, you must stop using the affected Service and cancel any subscription before the change takes effect. Continued use after a validly notified effective date constitutes acceptance only to the extent permitted by law.

21. General provisions

These Terms, together with the Privacy Policy, applicable purchase disclosures, and any feature-specific terms presented to you, constitute the agreement concerning the Service. If feature-specific terms conflict with these Terms, the feature-specific terms control for that feature, subject to mandatory law.

If any provision is found invalid or unenforceable, it will be interpreted or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver. You may not assign or transfer your rights or obligations without our written consent. OPHIR may transfer the agreement as part of a reorganization, financing, sale of assets, or transfer of the Service, subject to applicable law and privacy obligations.

Headings are for convenience only. “Including” means “including without limitation.” OPHIR may use this English version as the administrative master for preparing localized versions. Nothing in these Terms limits rights granted by the Charter of the French language or other mandatory language law, including any requirement to provide and maintain a French version where applicable.

Neither party is liable for delay caused by events beyond reasonable control, except that this does not excuse payment obligations already due or obligations that law does not permit a party to avoid.

22. Contact information

OPHIR is operated by:

Soavinjato Andrianarisoa
1203 Rue Normont
Laval, Québec H7G 3H3
Canada

General and legal inquiries: contact@joinophir.app
Customer support: support@joinophir.app
Privacy inquiries: privacy@joinophir.app
General information: hello@joinophir.app

When contacting us about an account, do not send online banking passwords, complete payment-card numbers, one-time authentication codes, or other credentials.

Appendix A — Subscription checklist for publication

The following information should appear clearly in the Apple App Store or Google Play purchase flow and in any related in-app disclosure before the user confirms a subscription. This checklist supports implementation and is not an additional obligation imposed on the user.

• Name and contact details of the merchant or service operator, including any telephone number required for Québec distance-contract disclosures.
• Clear description of the subscription and included features.
• Price, currency, applicable taxes, billing frequency, and total recurring amount.
• Length and terms of any free trial or promotional period.
• Automatic-renewal statement and the point at which the subscription renews.
• Instructions for cancellation through the applicable store.
• Refund and complaint information, without limiting statutory rights.
• A durable copy or receipt that the consumer can retain and print where required.
• Links to these Terms and the Privacy Policy before purchase.