FundEvolve Inc. Terms of Service

Last Modified: October 14, 2024

1. Acceptance of the Terms of Service

Welcome to FundEvolve Inc. (“FundEvolve”,”Company”, “we”, or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Service”), govern your access to and use of the FundEvolve website (fundevolve.com), the FundEvolve app, and associated services (collectively, the “Service”), whether as a guest or registered user.

Please read these Terms of Service carefully before using the Service. By using the Service or by clicking to accept or agree to these Terms of Service, you accept and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms of Service or the Privacy Policy, you must not use the Service.

Age Restriction:
No one under the age of 18 is allowed to create an account or use the Service. By using this Service, you represent and warrant that you are of legal age to form a binding contract with FundEvolve.

2. Description of the Service

FundEvolve is a personal finance platform that helps users track financial data, budget, manage debt, and receive insights into their investments. The Service aggregates financial data from third-party providers using open banking integrations and may present information relating to third-party products and services. FundEvolve does not provide financial, legal, or tax advice. The Service is intended as an aid to organizing and managing your finances.

Third-Party Data Integration:
FundEvolve uses Plaid for transaction data and FMP API for investment data aggregation.

3. Privacy and Personal Information

We are committed to protecting your privacy. FundEvolve will not sell, exchange, or release any of your personal or financial information to a third party without your express permission, except as required by law. For details on how we collect and protect your information, please review our Privacy Policy, which is incorporated into these Terms of Service.

We comply with Canadian data privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

4. Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page periodically to stay informed of any updates.

5. Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

To access the Service or some of the resources it offers, you may be asked to provide registration details or other information. It is a condition of your use of the Service that all the information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other security information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. You agree to notify us immediately of any unauthorized access or use of your username or password.

  1. Limited Actions of FundEvolve as Your Agent

By using FundEvolve’s services, which aggregate financial data from third-party institutions, you expressly authorize FundEvolve to retrieve and access your financial account information on your behalf, acting as your authorized agent.

6.1 Power of Attorney and Consent

For the purposes of this Agreement and solely to obtain and provide your account information to you as part of the services, you grant FundEvolve a limited power of attorney to securely access third-party sites and retrieve your financial data. FundEvolve will act as your agent and not as the agent of, or on behalf of, any third party. You agree that third-party account providers may rely on the authority granted to FundEvolve to act on your behalf.

6.2 User Authorization and Consent

By agreeing to these terms, you provide explicit, informed consent for FundEvolve to:

  • Access, retrieve, and aggregate your financial information from third-party institutions solely to deliver the services described in this Agreement.

  • Use your personal financial information exclusively for the purposes of providing the services, improving user experience, and ensuring seamless integration with third-party platforms.

FundEvolve will only collect, use, and disclose your personal information as authorized by you and in compliance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

6.3 Transparency and Limitation of Scope

FundEvolve will provide transparency on what financial data will be accessed and how it will be used. You can review and modify your preferences regarding which third-party accounts FundEvolve accesses and the types of information retrieved. FundEvolve will not collect, use, or share your financial information beyond the purposes specified without obtaining your further consent.

6.4 Data Protection and Security

FundEvolve is committed to protecting your personal information. We have implemented industry-standard security measures to safeguard your data against unauthorized access, use, or disclosure. This includes encryption, regular security audits, and strict access controls. FundEvolve will ensure that any third-party services used in connection with retrieving your data comply with relevant security and privacy standards.

6.5 Limited Liability

While FundEvolve acts as your agent to access and retrieve financial data from third-party institutions, FundEvolve is not responsible for any errors or inaccuracies in the information provided by those institutions. You agree that FundEvolve’s responsibility is limited to the secure retrieval and display of information, and that third-party institutions remain responsible for the accuracy of their data.

6.6 Compliance with Third-Party Terms

By granting FundEvolve access to your financial accounts, you confirm that such access complies with the terms and conditions of the third-party institutions where your accounts are held. FundEvolve will not override any restrictions imposed by these institutions, and you are responsible for ensuring that your authorization does not violate their policies.

6.7 Revocation of Consent

You can withdraw your consent at any time by adjusting your settings within the FundEvolve platform or contacting our support team. Upon revocation, FundEvolve will immediately cease to access your financial accounts and will securely delete any stored financial information, except where retention is required by law.

 

  1. Posting Feedback

As part of the Service, FundEvolve allows Members to post feedback. By doing so, you agree in posting content to follow certain rules.

You are responsible for all content you submit to FundEvolve.com.

By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with FundEvolve.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.

 

8. No Refund Policy

FundEvolve does not issue refunds for subscription payments. If you cancel your subscription, your access to the Service will continue until the end of your current billing cycle. After that, your subscription will not be renewed, and your access to the Service will be terminated.

9. Intellectual Property Rights

The Service and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, are owned by FundEvolve or its licensors and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Service permit you to use the Service for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the Service without prior written consent.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to:

  • Use the Service in any way that violates any applicable federal, provincial, local, or international law.

  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service.

  • Use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose.

  • Introduce any viruses, trojans, worms, or other malicious code.

  • Attempt to gain unauthorized access to, interfere with, or disrupt any parts of the Service or any server, computer, or database connected to the Service.

11. Limitation of Liability

FundEvolve provides the Service on an “as-is” and “as-available” basis. FundEvolve makes no representations or warranties regarding the accuracy or timeliness of financial data retrieved from third-party providers, including Plaid and FMP API.

In no event will FundEvolve or its affiliates, licensors, or service providers be liable for damages of any kind arising from your use of the Service. Our total liability will not exceed the amount you have paid to FundEvolve in the past twelve (12) months.

12. Indemnification

You agree to defend, indemnify, and hold harmless FundEvolve, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Service, your violation of these Terms of Service, or your violation of any third-party rights.

13. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law provisions.

Any legal action or proceeding arising from these Terms or your use of the Service shall be instituted exclusively in the courts of the Province of Ontario.

14. Termination and Suspension

We may terminate or suspend your access to the Service at our sole discretion, for any reason, including if you breach these Terms of Service. Upon termination, all provisions of these Terms which by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Entire Agreement

These Terms of Service, along with our Privacy Policy, constitute the entire agreement between you and FundEvolve regarding your use of the Service. They supersede all prior agreements and understandings, both written and oral, regarding the Service.

16. Contact Information

For questions or concerns regarding these Terms of Service, please contact us at help@fundevolve.com.