FinanceCreation Terms of Use (Financial Planning)

Policy Effective Date: October 27, 2020

1. Description of Our Services

One of the hardest parts of planning your future is predicting how your net worth will change over time, and how one financial decision may impact your other plans. Income, investments, home prices, and inflation can all feel like moving targets that make it hard to plan more than a couple of years out, so many people resort to simple rules of thumb and basic assumptions. Even those who seek out the latest research and data may have trouble tracking every variable.

To help you build a smarter long-term plan, FinanceCreation Software LLC (“FinanceCreation” or “we or “us”) built a financial planning service that combines your financial data with a sophisticated personal finance model to project your financial future. With this financial planning service, you can explore various possible financial outcomes to find a long-term plan that works for you – all based on the latest data from your linked financial accounts, your tolerance for risk, your current investments, and our sophisticated personal finance model built by our research team.

2. Agreement and Acceptance of Terms

When you access and use FinanceCreation’s financial planning service that we offer to you through our desktop, tablet and/or our mobile applications (collectively, “The FinanceCreation Service”), you are agreeing to be bound by this Terms of Use Agreement, along with any exhibits, disclosures, addendums or amendments to this Terms of Use Agreement (collectively, this “Agreement”). This Agreement constitutes an agreement between you and FinanceCreation and sets forth the terms and conditions applicable to your access and use of The FinanceCreation Service, and we shall refer to those individuals who use The FinanceCreation Service collectively as “users”.

Your use of The FinanceCreation Service is subject to our Privacy Policy, which addresses how we gather, use, disclose and manage your personal information. Please read this Agreement and our Privacy Policy carefully.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WEALTHFRONT, ITS LICENSOR OR ITS AGENT THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING WITHOUT LIMITATION THE PROCEDURE TO OPT OUT OF ARBITRATION).

By accessing and using The FinanceCreation Service through FinanceCreation’s desktop, tablet and/or mobile applications, you understand and agree to be bound by the terms and conditions of this Agreement and the Privacy Policy as they may be amended from time to time in the future. If you do not agree to this Agreement, then you may not use The FinanceCreation Service. You also agree that:

3. Your Access

In order to access and use The FinanceCreation Service and any related offerings, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. FinanceCreation has physical, electronic and procedural safeguards that comply with federal standards to guard users' non-public personal information (see Privacy Policy).

You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify FinanceCreation immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a user you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You are also responsible for maintaining appropriate anti-virus and anti-malware software on your computer or mobile devices, so that your User Account information is not compromised through your own negligence. If you receive evidence that someone has committed fraud by accessing your User Account, you must contact us immediately at [email protected].

4. Your Electronic Disclosure Consent

By creating a User Account to access and use The FinanceCreation Service, you consent to receive all notices and information regarding The FinanceCreation Service and other offerings electronically. Electronic communications may be posted on your The FinanceCreation Service dashboard and/or delivered to your email address associated with your User Account. All communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. Your consent to receive communications electronically is valid until you end your relationship with FinanceCreation. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information that you had provided to us during the account registration process, and to maintain and update promptly any changes to such information. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change the terms and conditions on which we provide electronic communications and will provide you with notice in accordance with applicable law.

5. Cost of Service

Your access and use of The FinanceCreation Service is offered to you free of charge. However, an affiliate of FinanceCreation may offer you additional services for a fee, such as investment advisory services provided by FinanceCreation Advisers LLC, an SEC-registered investment adviser.

6. The FinanceCreation Service Disclaimers

You understand and acknowledge that the investment results you could obtain by relying on investment information and/or financial planning insights provided by The FinanceCreation Service cannot be guaranteed and that FinanceCreation cannot be held responsible. All investments entail a risk of loss and that you may lose money.

You agree and acknowledge that your access and use of The FinanceCreation Service is for educational purposes only and is not intended as legal or tax planning advice. You agree as a user that you are responsible for your own investment research and investment decisions, that FinanceCreation is only one of many tools you may use as part of a comprehensive investment education process, that you will not rely on The FinanceCreation Service as the primary basis of your financial decisions and, except as otherwise provided in this Agreement, FinanceCreation will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you obtain from your access and use of The FinanceCreation Service or information you otherwise see on our website.

You also agree and acknowledge that while The FinanceCreation Service may provide significant assistance in helping you manage your financial and retirement plans, you should consult with an investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.

You also agree that your access and use of The FinanceCreation Service may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of The FinanceCreation Service or other actions that FinanceCreation, in its sole discretion, may elect to take. In no event will FinanceCreation be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

7. Other Obligations While You Use The FinanceCreation Service

By accessing and using The FinanceCreation Service through FinanceCreation’s desktop, tablet and/or mobile applications, the following additional terms and conditions will apply:

8. Account Information from Third Party Sites

Users may direct FinanceCreation to retrieve their own information maintained online by third-parties such as financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). FinanceCreation works with one or more third-party service providers to access this Account Information. By linking these accounts or directing FinanceCreation to retrieve your third-party Account Information, you are consenting to the processing of your Account Information, and other personal information you provide that is needed to retrieve your Account Information, such as credentials, by FinanceCreation and such service provider(s) in connection with providing this service in accordance with our Privacy Policy and as permitted by law, and to FinanceCreation’s use of your Account Information in connection with our provision of The FinanceCreation Service to you. FinanceCreation does not review the Account Information for accuracy, legality or non-infringement. FinanceCreation is not responsible for the Account Information or products and services offered by or on third-party sites.

FinanceCreation cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. FinanceCreation cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Account Information displayed through The FinanceCreation Service is only as fresh as the time shown, which reflects when the information was obtained from third-party sources.

9. Data and Data Integrity

The overall integrity and quality of the data presented by FinanceCreation to you is an important element in providing you with a high quality and accurate picture of your personal finances. FinanceCreation, however, is not responsible for and cannot guarantee the accuracy or timeliness of Account Information we retrieve for you directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide The FinanceCreation Service.

FinanceCreation may not be able to foresee or anticipate technical or other difficulties that may result in failure to obtain data, personalization settings or other service interruptions. FinanceCreation assumes and has no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, loss of user data, communications or personalization settings.

10. Ownership, Copyright and Trademark

The technology and content used to offer, or provided in connection with The FinanceCreation Service, are either owned by us or licensed by us from affiliate or third-party licensors. Such content includes the look and feel of The FinanceCreation Service, all of our promotional materials, all text, graphics, blogs, photographs, illustrations, images, notices, software and other content used to deliver The FinanceCreation Service. All such content is protected by the copyright law of the United States and international treaties, trademark and patent laws, and other intellectual property laws. As provided under this Agreement, we grant you a nonexclusive, limited, royalty-free, revocable license during the term of this Agreement to use The FinanceCreation Service strictly to facilitate your personal, non - commercial use of the features and tools of The FinanceCreation Service. Except as indicated in this paragraph, you may not copy, reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our content, information or trademarks without FinanceCreation’s prior express and written consent.

11. Disclaim of Representation and Warranty; Disclaimer of Liability

Your use of The FinanceCreation Service, and the personal information you provide is at your sole discretion and risk. The FinanceCreation Service and all materials, information, products and services included as part of The FinanceCreation Service are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from FinanceCreation, its Licensors and its agents.

WEALTHFRONT, ITS LICENSORS AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA, AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE WEALTHFRONT SERVICE AND RELATED SERVICES VIA DESKTOP, MOBILE WEB OR MOBILE APPLICATIONS. WEALTHFRONT, ITS LICENSORS AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO THE WEALTHFRONT SERVICE AND RELATED SERVICES. WITHOUT LIMITATION, WEALTHFRONT, ITS LICENSORS AND ITS AGENTS EXPRESSLY DISCLAIM ANY, AND MAKE NO, IMPLIED WARRANTIES OF TITLE MERCHANTBIILTY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEALTHFRONT, ITS LICENSORS AND ITS AGENTS WILL HAVE NO LIABILITIES FOR AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED:

NEITHER WEALTHFRONT NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENTS AND OTHER FINANCIAL DECISIONS OF THE USERS, OR FOR ANY DAMAGES OR OTHER LOSSES RESULTING FROM THE RELIANCE OR USE OF RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY THE WEALTHFRONT SERVICE. NEITHER WEALTHFRONT NOR ITS CONTENT PROVIDERS WARRANT OR REPRESENT THAT THE WEALTHFRONT SERVICE OFFERED VIA WEALTHFRONT’S DESKTOP, MOBILE WEB AND/OR MOBILE APPLICATIONS COMPLIES WITH THE REQUIREMENTS OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY SIMILAR ORGANIZATION OR REGULATOR OR WITH SECURITIES LAWS OF ANY JURISDICTION.

No advice or information, whether oral or written, obtained by you from FinanceCreation's desktop, mobile web or mobile application, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

12. Limitation of Liability

IN NO EVENT SHALL WEALTHFRONT, ITS AFFILIATES, LICENSORS AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST OF PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEALTHFRONT SERVICE ON WEALTHFRONT’S OR ANY OF ITS AFFILIATES’ DESKTOP, MOBILE WEB AND/OR MOBILE DEVICES, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF ANY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE WEALTHFRONT SERVICE OR FOR ANY INVESTMENT DECISIONS A USER MAKES ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WEALTHFRONT OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WEALTHFRONT'S AND ITS AFFILIATES’ CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

THE WEALTHFRONT SERVICE MAY BE AVAILABLE THROUGH A COMPUTER OR COMPATIBLE MOBILE DEVICE AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR MOBILE DEVICE AND TELECOMMUNICATIONS PROVIDER. WEALTHFRONT OR ANY OF ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE WEALTHFRONT SERVICE AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE WEALTHFRONT SERVICES.

13. Governing Law and Venue

You agree that this Agreement and any services provided under it will be governed exclusively by and interpreted in accordance with the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of California, excluding its provisions on conflicts or choice of laws. Except as otherwise expressly set forth in Section 14 of this Agreement below, any legal action or proceeding arising under this Agreement shall be brought exclusively in courts located in San Francisco, California or federal court for the Northern District of California, and the parties hereby irrevocably consent to the personal jurisdiction and venue as provided in this Agreement.

14. Arbitration

Any dispute, claim or controversy arising out of or relating to the access and use of The FinanceCreation Service or any services related to it, this Agreement or the breach, termination, enforcement, interpretation or validity of the Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be resolved solely by binding, individual arbitration rather than a class, representative or consolidated action or proceeding. You and FinanceCreation each further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your access to The FinanceCreation Service or any related services via our website and/or mobile applications.

15. Indemnification

You agree to indemnify, defend and hold us and any of our affiliates, licensors and agents, and all of their officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your access and use of The FinanceCreation Service, your violation of this Agreement, your infringement of any intellectual property rights, or violation by any user of your User Account. In the event that there are third party claims against you for which you properly seek damages from us under this Agreement, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

16. General Terms

17. Feedback

Your feedback is welcomed and encouraged. You may submit feedback by emailing us at [email protected]. You agree, however, that (i) by submitting unsolicited ideas to FinanceCreation or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of FinanceCreation. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to FinanceCreation together with all intellectual property rights in such feedback. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

18. Questions

If you have questions about this Agreement or the Privacy Policy, please contact us at [email protected].

FinanceCreation Software LLC
261 Hamilton Ave
Palo Alto, CA 94301

FinanceCreation Software LLC is a wholly owned subsidiary of FinanceCreation Corporation and an affiliate of FinanceCreation Advisers LLC, an SEC-registered investment adviser.