WealthKit™ Terms of Service
Last Revised: June 16, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEALTHKIT™ APP AND OTHER SERVICES.
1. Welcome.
Welcome to the WealthKit™ application (including any other related or successor applications, whether mobile, desktop, or otherwise) (collectively, the “App”) and website (the “Site”). These Terms of Service (these “Terms”) are an agreement between you and WealthKit™ (“WealthKit™,” “we,” or “us”) that apply to your access and use of the App and the Site (collectively, the “Services”), regardless of whether you have registered for an account with us.
You may not access, browse, or use any part of the Services if:
a. you are less than eighteen (18) years of age (or such higher legal age if your jurisdiction requires a higher age in order to enter into a legally binding agreement with WealthKit™);
b. you do not agree with all of these Terms; or
c. you are not allowed to access the Services under the laws of the United States, the country in which you are located, or otherwise.
2. Defined Terms.
Certain words appear throughout these Terms in quotation marks (such as the word “Terms” above). In order not to repeat the same information throughout the document, and to make these Terms as clear as possible, we’ve chosen to use the word in quotes (known as a defined term) to refer to that information.
3. What We Do.
WealthKit™ has created a platform in which you and other users can input personal financial information and receive reporting and analysis regarding your financial future, as well as connect you and other users to providers of goods and services. The decision to enter into conversations and even commerce with such providers is entirely up to you. WealthKit™ helps organize information and provide the connectivity by which you can make modifications and resulting decisions about your financial future, with or without the input of a services professional. WealthKit™ also provides educational background around the terms used within the Services, as well as links to resources on the Web, to provide further background to aid in the decision-making process.
4. App Support.
In the event you need support for the App, please send an email describing your issue to support@wealthkit.com. Such support is limited to the use of the App, and we are not able to provide financial advice of any kind. We recommend you seek out your own resources, knowledge and input from professionals before taking any actions regarding your individual finances.
5. Privacy Policy and Other Policies.
We respect and protect your privacy and will only use your information as provided in the WealthKit™ Privacy Policy (the “Privacy Policy”). The Privacy Policy describes the types of information we collect and our use of that information, including your rights regarding such information. Please review the Privacy Policy before using the Services. Please note that those under the age of 18 are not eligible to use the Services and we ask that they do not provide any personal information to us. Your use of the Services is subject to the other policies, disclaimers, and guidelines we post via the Services from time to time. If you do not agree to all parts of the Privacy Policy and such other policies, disclaimers, and guidelines, please do not access or use the Services.
If you choose to open a WealthKit™ account, you may provide us directly with information uploaded from your device or entered through our web application. Information can also be sent to your account with us from outside entities such as the custodians of your assets. The decision to upload user information to a cloud account with us is entirely up to you. No information will leave your device, nor will information be obtained from external sources without your explicit consent. You hereby grant to us a worldwide, royalty-free, non-exclusive, unrestricted, and fully sub-licensable license to use such information to provide you with the Services and to use such information as provided in our Privacy Policy.
6. Account Information and Information Security.
You are required to provide complete and accurate information in connection with your account (including payment information, as applicable), and we will protect that information in accordance with our Privacy Policy. When you create an account with us, you will be prompted to create a username and password to access the Services. You agree that you will keep your username and password confidential and not provide it to anyone else, and to immediately notify us if you suspect there is unauthorized access to your account or password. You are solely responsible for all uses of that login information and for keeping that login information confidential. WealthKit™ will not be liable for any use of your login information, and you may be liable to us if we suffer losses due to any use of your login information by any third party.
We take reasonable measures to protect the information that we collect from or about you from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
7. Changes to these Terms and the Services.
We reserve the right to revise these Terms and the Privacy Policy at any time and without prior notice to you. We will post any such changes via the Services, and the date at the top of these Terms will indicate the date upon which the Terms were last materially modified. By continuing to the Services after such changes are posted, you are deemed to have accepted any such modifications thereto. We reserve the right to discontinue or modify all or any part of the Services, at any time and without notice to you.
8. Reliance on Information Posted.
The information presented on or through the Services is solely made available for general information purposes. We do not warrant the usefulness, completeness or accuracy of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any responsibility and liability arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
9. Intellectual Property.
WealthKit™ hereby grants to you a personal, revocable, nonexclusive, nontransferable, limited license to access, view, cache, and store information retrieved from the Services, provided that you do not modify, create a derivation of, copy, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Services (including content or information therein), or obscure or remove the copyright notice or other notices displayed within the Services. You shall not store, print, reproduce, or distribute any of the information or other content retrieved from the Services, nor use the Services, in any way, for any commercial purpose without obtaining WealthKit™’s prior written consent thereto (and, as applicable, the prior written consent of any third party).
Nothing in these Terms or in the Services shall be construed as conferring any rights or licenses except those set forth in these Terms, whether expressly, by implication, by estoppel, or otherwise, with respect to any intellectual property owned or licensed by WealthKit™. WealthKit™ reserves any rights not expressly granted by WealthKit™ within these Terms.
10. Third Parties.
Your interactions and activities with any third parties through the Services, including your participation in any programs that allow you to connect or interact with financial advisors and other professionals, purchases of goods and services, and any terms or conditions associated with such interactions and activities, are solely the responsibility of you and the third party, and WealthKit™ will have no responsibility with respect thereto.
WealthKit™ does not endorse, and makes no representations or warranties with respect to, any such interactions or activities with third parties; and you agree that WealthKit™ has no liability for any loss or damage of any kind you may incur as a rest of any interactions or activities, or your use or reliance on any products, services, content, or other information available through the Services.
Portions of the Services may contain links to other websites, or to resources and information, that are provided by others. Because we do not control such websites, resources, and information provided by third parties, you acknowledge and agree that WealthKit™ is not responsible in any way for such websites, resources and information (including the content thereof or your ability to access such). You further acknowledge and agree that WealthKit™ is not liable or responsible in any way, whether directly or indirectly, for any damages or losses you incur with respect to any third-party websites, resources, or information.
Finally, you acknowledge that any third-party websites, resources, or information you access usually have their own terms and conditions, including privacy policies, over which WealthKit™ does not have control, but which will govern your access to, and your rights and obligations with respect to, the use of such websites, resources, or information.
11. Submissions.
If you provide us with information (other than Feedback, as defined below) or other content as part of your use of the Services (“Submissions”), then you hereby grant to WealthKit™ an unrestricted, non-exclusive, world-wide, irrevocable, royalty-free, fully paid up, and sub-licensable license to use, copy, view, distribute, modify, publicly display or broadcast, access, or otherwise exploit any and all such Submissions as part of our providing Services to you, and to otherwise store, access, and use such Submissions as described in the Privacy Policy. We reserve the right (but we are not obligated to) remove, refuse, screen, review, modify, flag, or otherwise filter or alter any and all Submissions, whether directly by us or indirectly through third parties (including other users).
If you provide us with any ideas, suggestions, comments, feedback, proposed improvements, or similar input (in whatever form) in connection with the Services or these Terms (collectively, “Feedback”), then you agree to irrevocably assign to WealthKit™ free from any encumbrance, all right, title, and interest (including all patent, copyright, trade secret, and other intellectual property rights, and other proprietary rights) to the Feedback without further consideration for such assignment. To the extent any such rights cannot be assigned by you (including moral rights, if applicable) you agree to, and hereby do, irrevocably waive any and all such rights, and will not seek to assert or enforce such rights for your own benefit.
12. Representations and Warranties.
You represent and warrant to WealthKit™ that:
a. you are eighteen (18) years of age or older;
b. all information you provide to WealthKit™ in connection with your access to and use of the Services (including the Submissions and any information you provide when registering for an account with WealthKit™ is accurate, truthful, and up-to-date;
c. your use of the Services is, and will remain, in compliance with all applicable laws, rules, and regulations; and
d. with respect to any Submissions: (i) you have the legal right to provide each such Submission to us; and (ii) the Submission does not violate the privacy, publicity, copyright, or other rights of any individual or entity.
13. Termination.
We reserve the right to halt (either temporarily or permanently) your access to the Services (including to terminate your account) in our discretion at any time and for any reason, and to require that you delete or return to us any information that you may have in your possession. Without limiting the foregoing, we may also terminate or deactivate your account in the event that it has been dormant for an extended period of time.
If either you or we terminate your access to or use of the Services, or terminate or deactivate your account, these Terms will continue to apply and remain in full force and effect.
14. Indemnification.
You agree to defend, indemnify, and hold harmless WealthKit™ and its affiliates, and its and their respective directors, employees, agents, attorneys, third-party content providers, distributors, contractors, users, licensees, and licensors from and against all claims and expenses, including attorneys' fees and costs, arising out of or in any way related to these Terms or the Services, including: (a) your access to and use of the Services (including any interactions with third parties), (b) your breach or alleged breach of any term, condition, obligation, representation, or warranty in these Terms, (c) your violation of any rights of any third party, or (d) your Submissions.
15. WealthKit™ Is Not a Credit Repair Company, Credit Reporting Agency, Broker or Advisor.
You acknowledge and agree that WealthKit™ is not a credit counselor, financial, tax, or legal advisor, credit repair company or similarly regulated organization under any and all applicable laws, and that WealthKit™ does not provide credit repair services. The Services are provided for general informational purposes only and not intended to provide legal, financial, tax or other professional advice.
The information provided through the Services may not be the same information that a third party would use to determine your creditworthiness, qualification for certain products or services, or the like. We do not guarantee that the Services will help improve your credit profile, and the Services do not include any credit repair or improvement services. The Services are never a replacement for the services of a competent professional, and we recommend that you seek professional advice for assistance with your credit, your taxes, your legal work and your finances.
16. Terms Required by Apple.
If you obtained the App from the Apple App Store, you further acknowledge and agree:
a. This Agreement is between you and WealthKit™ only; and WealthKit™ (not Apple Inc. (“Apple”)), is solely responsible for the App and the content thereof;
b. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
c. WealthKit™ is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, damages, liabilities, expenses or costs attributable to any failure to conform to any warranty will be WealthKit™’s sole responsibility;
d. WealthKit™ not Apple, is responsible for addressing any claims you may have relating to the App or your possession and / or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks (as applicable);
e. WealthKit™ and you acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, WealthKit™ and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
f. You represent and warrant to WealthKit™ and Apple that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and
g. All questions, complaints or claims you may have with respect to the App should be directed to WealthKit™ using the contact information set forth in Section 23 below;
h. You must comply with any applicable third-party terms of agreement when using the App;
i. The license granted to you for the App is a limited, non-transferable license to use the App on an Apple product that you own or control and as allowed by the Usage Rules set forth in the terms of service applicable to the Mac App Store;
j. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof;
k. Apple, the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
17. Limitation of Liability; Limitation on Claims.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WEALTHKIT™ OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR THIRD PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR LIQUIDATED DAMAGES (INCLUDING SERVICE INTERRUPTION, SYSTEM FAILURE, LOST DATA, THE COSTS OF SUBSTITUTE SERVICES, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, AND LOST BUSINESS) ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES, AND INFORMATION AND CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AS BETWEEN YOU AND WEALTHKIT™ YOU ASSUME THE ENTIRE RISK ACCESS TO AND USE OF THE SERVICES, AND INFORMATION AND CONTENT THEREIN.
IN THE EVENT YOU ARE LOCATED IN A STATE OR OTHER JURISDICTION THAT DOES NOT PERMIT THE EXCLUSION OF SUCH LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND IN SUCH EVENT, WEALTHKIT™’S AGGREGATE LIABILITY TO YOU SHALL BE ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT ANY CLAIM AGAINST WEALTHKIT™ MUST BE INITIATED WITHIN TWELVE (12) MONTHS AFTER SUCH CLAIM AROSE, OR SUCH CLAIM IS FOREVER BARRED.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 17 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WEALTHKIT™ AND YOU.
18. Warranty Disclaimers.
YOU UNDERSTAND AND AGREE THT WE MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES, AND DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO WARRANTIES OR TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND NONE OF THE CONTENT OR INFORMATION ACCESSED ON OR THROUGH THE SERVICES IS INTENDED TO CONSTITUTE ANY FORM OF LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. WEALTHKIT™ AND THIRD PARTIES WHO PROVIDE INFORMATION OR OTHER COMPONENTS OF THE SERVICES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (WHETHER DIRECT OR INDIRECT) RELATING TO ANY ACTION OR INACTION YOU TAKE BASED ON THE SERVICES, OR THE INFORMATION OR CONTENT LOCATED THEREIN.
WEALTHKIT™ DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, SECURE, UP-TO-DATE, ACCURATE, OR ERROR-FREE, OR THAT THE RESULTS YOU OBTAIN USING THE SERVICES WILL BE USEFUL, RELIABLE, TIMELY, OR THAT THE QUALITY OF THE SERVICES WILL MEET YOUR NEEDS.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA ARISING FROM OR IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICES AND ALL INFORMATION AND CONTENT YOU ACCESS THROUGH THE SERVICES.
19. Governing Law and Venue.
With respect to any issue you may have with respect to your access to and use of the Services, nearly all such issues can be resolved informally if you contact us via email at TermsOfService@wealthkit.com.
These Terms and any actions relating to these Terms, the App, the Service, or any information or content contained therein, including any dispute involving any of our directors, officers, employees, or affiliates (any of the foregoing, a “Dispute”) shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising in any way out of these Terms or your use of the Services shall be solely and exclusively resolved in the applicable state or federal courts located in San Francisco, California, United States of America. The prevailing party shall be entitled to costs and reasonable attorney’s fees arising out of such litigation. You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or will forever be barred, notwithstanding any statute of limitations or other law to the contrary.
You further acknowledge and agree that our ability to provide the Services at the prices set forth herein is made possible due to your agreement to this provision, and with respect to any Dispute, you acknowledge and agree that:
a. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY; AND
b. YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND YOU GIVE UP ANY RIGHT TO SERVE AS A PRIVATE ATTORNEY GENERAL, IN ANY REPRESENTATIVE CAPACITY, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS IN ANY ACTION INVOLVING ANY SUCH DISPUTE.
20. General.
These Terms represent the complete and entire understanding and agreement between you and WealthKit™ and supersede any and all prior agreements or understandings, whether oral or written. Nothing in these Terms shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. If any provision of these Terms is found to be illegal, invalid, or unenforceable by an arbitrator or court of competent jurisdiction, then these Terms as a whole shall not be deemed illegal, invalid, or unenforceable; and instead only those portions of the Terms deemed illegal, invalid, or unenforceable shall be stricken from these Terms or narrowed to the extent necessary to conform to applicable law. These Terms are entered into between you and us, and there are no third-party beneficiaries to these Terms. You may not assign, transfer, sublet or delegate any of your rights or obligations hereunder, in whole or in part, without obtaining the prior written consent of WealthKit™ and any attempted assignment, transfer, sublet, or delegation in contravention of this provision shall be null and void. These Terms are binding on you, your successors, representatives, and assigns. For clarity, any references to “including” in these Terms, means including, without limitation; any references to the singular include the plural, and vice-versa; and any references to a gender include all other genders. Our failure to enforce our exercise any of the rights or remedies available to us, whether in law or in equity, is not a waiver of any such rights or remedies, and we retain all such rights and remedies. The waiver of any right or remedy by WealthKit™ must be in writing and signed by a duly authorized representative of WealthKit™ in order to have the legal effect of a waiver.
21. Copyright and Trademark Infringement.
We respond to each notice of suspected copyright and trademark infringement that we receive in accordance with applicable law (including 17 U.S.C. 512(c)(3) within the U.S. Copyright Act, with respect to copyright claims.) Our response may include removing access to allegedly infringing content and terminating the ability of certain users to access the Services.
a. Infringement Notice. If you believe in good faith that a copyright or trademark belonging to you or another person has been infringed by the Services, please let us know by providing a notice to the address in Section 21(c) below that:
i. Identifies the copyrighted or trademarked work that you believe has been infringed;
ii. Identifies the allegedly infringing content within the work listed in Section 21(a)(i) above, and provides sufficient information to permit WealthKit™ to identify it on the Site. In other words, you must provide us with the web address (URL) of each portion of the Site you allege contains infringing material;
iii. States that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
iv.States that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner (or authorized to act on the owner’s behalf) of an exclusive right that is allegedly infringed; and
v. Lists your name, address, telephone number and, if available, email address; and
vi.Is signed (in either electronic or physical form).
b. Counter-Notice. While it is our policy to respond to clear notices of copyright and trademark infringement, in the event that you believe in good faith that your content should not have been removed due to an allegation of copyright or trademark infringement, you may send a written counter-notification to the address set forth in Section 21(c) below that:
i. Identifies the content that was removed or disabled, and the location (such as a URL) within the Site on which it would have been found prior to its removal;
ii. States that you that you swear and attest, under penalty of perjury, that you have a good-faith belief that the content was removed or disabled as a result of misidentification or a mistake.
iii. For trademark disputes only: States information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
iv.States that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located, if you live in the United States or (b) any judicial district in which WealthKit™ is located, if you live outside the United States.
v. States that you will accept service of process from the person who sent the original infringement notice to WealthKit™ (or an agent of such person); and
vi.Contains your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
c. Notice Processes. Please direct all notices and counter-notices to the address below. Please note that the address listed below is provided solely so that you can send us the notices described in this Section. Any correspondence you provide regarding any other topic, such as requests for technical support, general questions or comments, or requests to be unsubscribed from mailings, will not receive a response. Any notice we receive that does not comport with the requirements set forth within this Section 21 will be returned unprocessed to the sender. Further, please do not send notices containing attachments via email, as due to security concerns we are unable to process such.
Designated Agent and Address:
Attn: Legal Department – DMCA Agent
Suite 233
3150 Almaden Expressway
San Jose, California 95118
1. California Department of Consumer Affairs. California users of the Services are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted via telephone at (800) 952-5210 or (916) 445-1254 or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
2. Questions or Comments? If you have any questions or concerns regarding these Terms or the Services, you may contact a representative of WealthKit™ via email at TermsOfService@wealthkit.com.