These Terms of Service ("Terms") govern your use of the Fern mobile app and this website (together, the Service), operated by JPX Software Inc. ("Fern," "we," "us," or "our"). Please read them carefully.
1. Agreement and eligibility
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. You must be at least 18 years old and able to form a binding contract to use Fern. Fern is built for U.S. federal and state taxes and is offered in the United States. If you do not agree, do not use the Service.
2. What Fern is — and isn't
Fern is a budgeting and savings tool for the self-employed. It estimates how much to set aside for taxes, what is safe to spend, and potential deductions, based on the information and settings you provide. Its optional AI assistant (Ask Fern) can be wrong; treat its answers as general information.
Fern is confirm-first: you decide what counts as income and what reserve percentage to use. Fern is non-custodial — we never hold or move your money. Your tax set-aside is tracked inside the app while the money stays in your own bank account. The current version of Fern does not transfer money between accounts. Fern does not file tax returns, does not pay the IRS or any state, and does not submit estimated tax payments for you; you are responsible for paying what you owe on time. Fern is not a bank, broker-dealer, money transmitter, investment adviser, or tax preparer.
3. Accounts and security
You sign in with a one-time passcode sent to your email, or with Sign in with Apple or Google — there is no Fern password. You are responsible for keeping access to your email, sign-in accounts, and devices secure, and for activity that occurs under your account. Tell us promptly at support@getfernapp.com if you suspect unauthorized use.
4. Bank connections via Plaid
Connecting a financial account is optional. If you choose to connect one, you authorize Fern and our provider Plaid to access account and transaction information on your behalf. Access is read-only: Fern cannot move money in your accounts. Plaid's handling of your information is described in the Plaid End User Privacy Policy, and your use of Plaid is subject to its terms. You may disconnect a connected account at any time in the app, which stops future data access and removes that account's data from Fern.
5. Fern Pro and billing
Fern is free to download and use. Fern Pro is an optional auto-renewing subscription that adds a suggested reserve rate for your filing status and state, the deduction finder, linking more than one bank account, and the in-app assistant (Ask Fern). The free version includes one linked bank account, reserve tracking with a percentage you choose, your safe-to-spend figure, and savings goals. Pro is offered at $12.99 per month or $89.99 per year, and new subscribers who are eligible for the store's introductory offer get a 7-day free trial first. The app shows the trial only when you are eligible, and Apple or Google Play determines eligibility. Prices are in U.S. dollars; the price shown at purchase governs, and it may differ where taxes apply.
On iPhone and iPad, payment is charged to your Apple Account when the free trial ends. The subscription renews automatically for the same term at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period; your account is charged for renewal within the 24 hours before the period ends. Manage the subscription or turn off auto-renew in Settings → your name → Subscriptions on your device, or from Profile in the app. Cancelling stops the next renewal and takes effect at the end of the current billing period — Pro stays active until then. To avoid being charged at the end of a free trial, cancel at least 24 hours before it ends. Any unused portion of a free trial is forfeited when you purchase a subscription. Deleting your Fern account does not cancel an App Store subscription.
On Android, payment is charged to your Google Play account when the free trial ends. The subscription renews automatically for the same term at the then-current price until you cancel. Manage or cancel it in the Google Play Store → your profile → Payments & subscriptions → Subscriptions. Cancelling stops the next renewal and takes effect at the end of the current billing period, and Pro stays active until then. Deleting your Fern account does not cancel a Google Play subscription.
If Fern Pro is offered for purchase outside the App Store, it is billed through Stripe and managed from the billing portal linked in the app, on the price and renewal terms shown at purchase. Except where required by law, fees are non-refundable; refunds for purchases made through the App Store are handled by Apple under its own policy (reportaproblem.apple.com).
6. Acceptable use
You agree not to:
- Use the Service for any unlawful, fraudulent, or abusive purpose.
- Access another person's account or data without authorization.
- Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems.
- Reverse engineer, scrape, or copy the Service except as permitted by law, or resell or misrepresent the Service.
- Upload malware or submit information you do not have the right to share.
7. Intellectual property
The Service, including the Fern app, website, branding, and content, is owned by Fern 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 your own use. You retain ownership of the information you provide.
8. Third-party services
The Service relies on third parties — including Plaid (bank connections), Apple and Stripe (payments), and Apple's on-device model (the assistant, on supported iPhones). Your use of those features is also subject to the relevant third party's terms and privacy policy. We are not responsible for third-party services we do not control.
9. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that its estimates will be accurate. You are solely responsible for your own tax filings, payments, and financial decisions.
10. Limitation of liability
To the maximum extent permitted by law, Fern and JPX Software Inc. 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 your use of the Service. To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim, or (b) US$100.
11. Indemnification
You agree to indemnify and hold harmless Fern, JPX Software Inc., and its personnel from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.
12. Termination
You may stop using the Service and delete your account at any time (Profile → Delete account); the Privacy Policy explains what is deleted. We may suspend or terminate your access if you violate these Terms or to protect the Service or other users. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and indemnification — will survive.
13. Changes to the Service and these Terms
We may modify the Service or these Terms from time to time. When we change the Terms, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the revised Terms.
14. Governing law and disputes
These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. Before filing any formal claim, you agree to first try to resolve the dispute informally by contacting us at support@getfernapp.com; we will try to do the same. If we cannot resolve it within a reasonable time, the dispute will be subject to the courts located in New York, unless applicable law provides otherwise.
15. App Store terms (Apple)
These Terms are between you and JPX Software Inc. only, and not with Apple. Apple is not responsible for the Fern app or its content. Your licence to use the app is a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Support and maintenance. We — not Apple — are solely responsible for support and maintenance. Apple has no obligation to furnish either.
- Warranty. We are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed above. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you (if any); to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
- Claims. We, not Apple, are responsible for addressing any claim relating to the app or your possession or use of it — including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation — as well as investigating and defending any third-party claim that the app infringes intellectual property rights.
- Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
16. Contact us
Questions about these Terms? Email support@getfernapp.com, or write to Fern, JPX Software Inc. Learn more about the Service at https://www.getfernapp.com.
