These Terms require users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.
These Terms of Service (the “Terms”) apply to your use of moneyswell.com and all related apps and services (the “Services”). These Terms are effective as of the Last Modified date above.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean MoneySwell LLC, a Colorado limited liability company. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.
By using the Services, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Services on behalf of a business entity, then you represent that you are authorized to use the Services on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
If you do not agree to these Terms, then you may not use the Services.
Use of the Services
License to Use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service solely for your internal use.
Not for Children
The Services are not designed for children. You may not use the Services if you are under 13 years old.
Prohibited Uses
You shall not directly or indirectly: (a) use the Services for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Services available to third parties without our express permission, (c) use the Services in any way that may harm the Services, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services, or (e) attempt to use the Services without our express permission after we have terminated your right to use the Services.
Modifications
We may add to, modify, suspend, or discontinue, all or parts of the Services at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.
No Support
We will not have any obligation to provide any customer support with respect to your use of the Services.
Privacy Policy
Our privacy policy is available at moneyswell.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Services. By using the Services, you consent to our collection and use of your information, as described in our Privacy Policy.
NOT FINANCIAL ADVICE
Please note that the content in the Services is general in nature and does not constitute financial or other licensed advice. You should always seek advice from licensed professionals to consider your unique circumstances before making financial decisions.
User Accounts
We may allow you to create an account (or we may create one for you) to use the Services. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.
Account Responsibilities
You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.
Subscriptions & Fees
General
Most of the Services may only be accessible after signing up for a subscription and paying the applicable subscription fees (your “Subscription”). We may offer different lengths of subscriptions (for example, monthly or annual terms) and multiple Subscription tiers (with different rights and permission sets as described in the Services). The length of type of Subscription you purchase will be described to you in your signup process.
Promotional Offers
We may offer free, promotional uses of the Services (including promotional Subscriptions), in our sole discretion. We may withdraw your right to use any one or more of such promotional offers at any time, for any reason, with or without notice to you.
Purchasing a Subscription
To purchase a Subscription, you must provide valid payment information to us. When you provide that information, you are authorizing us and our third-party payment vendors (for example, Stripe) to charge all applicable Subscription fees to your chosen payment method. All such fees will be described to you in the Services. You must ensure that your payment information in your account remains current and valid so that we may charge all Subscription fees to you during your Subscription.
All Subscription fees must be paid in advance, are non-cancelable, and non-refundable. All fees are exclusive of taxes and similar government assessments of every nature and form (if any), all of which you must pay. We may charge you interest at 1.5% per month for any undisputed Subscription fees which you fail to timely pay us in accordance with these Terms.
If you fail to pay any applicable Subscriptions fees associated with your Subscription (including if we are unable to successfully charge the payment information you provide to us), then we may terminate your Subscription (including your account and your ability to use the Services) and we may delete all your data in our systems.
Enterprise Subscription
In some instances, you may receive a free Subscription if a third party (for example, your employer) purchases a Subscription for you. In such cases, all provisions in these Terms will apply to your use of the Services, except you will not be required to pay us any Subscription fees. If the third party’s subscription expires or is terminated, including due to the third party failing to pay any applicable Subscription fees for your Subscription (including if we are unable to successfully charge that third party’s payment information), then we (a) may (but are not required to) notify you to provide you an opportunity to assume the payments and maintain your Subscription, and (b) may terminate your Subscription (including your account and your ability to use the Services) and delete all your data in our systems.
Cancelling a Subscription
You may cancel your Subscription at any time using the settings in your account. All such cancellations will be effective at the end of your then-current Subscription term. You must pay all Subscription fees during the remaining period of your term even if you cease using the Services before the end of the term.
You may be allowed to submit content to us (such as text, documents, images, audio, videos, and more) (“Your Content”). By submitting Your Content to us, you represent that you own Your Content, or otherwise have legal rights to You Content, and that the license you grant us to use Your Content is valid and does not violate any other contract or law.
License to Use Your Content
By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Services, (b) to prevent or address service, security, support, and technical issues, with the Services, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content.
Deleting Your Content
Notwithstanding anything contrary in these Terms, we do not have any obligation to retain or otherwise backup Your Content. Please review our Privacy Policy to learn more about your rights with respect to the retention and deletion of Your Content.
Intellectual Property
Our Property Rights
The Services (including all design, software, code, and other content on the Services) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
Copyright/DMCA Policy
We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at contact@moneyswell.com.
Your DMCA Notice must include all the following:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on the Service.
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.