Clever Finance Terms of Use

Thank you for selecting the Services offered by Clever Finance, Inc. (referred to as "Clever Finance," "we," our," or "us").  This document consists of two parts: (1) the Terms of Use of Clever Finance’s applications and web sites, and (2) a Privacy Policy that describes what information we collect from our users and how we may use it. Please review both parts (together "Agreement") thoroughly. This Agreement is a legal agreement between you and Clever Finance. By accessing or using the Services, you agree to these terms.

Scope

Clever Finance provides financial wellness counseling services; including personalized Financial Wellness and Clever Action Plans that suggest next steps regarding savings, spending, credit score, debt management, protection and other related financial topics. Clever Finance also offers access to scheduled counselling sessions provided by Clever Finance coaches. These services are made available to you as an employee of an organization that has engaged Clever Finance to provide services to its eligible employees. This Agreement describes the terms governing your use of the Clever Finance services provided to you through Clever Finance’s website and other services and materials (collectively, the "Services").

NEITHER CLEVER FINANCE NOR THE SERVICES IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE.

Clever Finance provides general advice about strategies to improve your financial organization and decision-making. Clever Finance does not provide advice regarding whether you should invest in any specific investments or any particular investment program. To the extent that Clever Finance provides examples of potential investments that you might consider (such as examples of retirement savings plans), these are examples only and not recommendations, and you should independently assess whether they are appropriate investments for you. You are solely responsible for deciding whether and how to invest in a particular investment or to invest generally. Any investment you may make as a result of counselling by Clever Finance could entail risk of loss.

Your Rights to Use the Services and Restrictions

Your right to use the Services continues as long as you continue to be an eligible employee of your employer who has contracted with Clever Finance to provide the Services.

The Services are protected by copyright, trade secret, and other intellectual property laws. You are granted the limited right to use the Services for your individual use, and Clever Finance reserves all rights of ownership in the Services not expressly granted to you in writing. You agree not to use the Services in a manner that violates any applicable local, state, federal or international law, or regulation or this Agreement

Your Information

You warrant and represent that you own or otherwise control the rights to any information provided to Clever Finance through your use of the Services.

Feedback You Provide Us

You agree that Clever Finance may freely use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials.

Use and Validity of E-Mail Notices

By providing your e-mail address to Clever Finance, you agree that Clever Finance may provide, and that you will accept and receive, all required notices from us electronically, to that e-mail address or such other e-mail address as you designate.

Any legal notices by you to Clever Finance relating to this Agreement should be sent by you to Clever Finance by e-mail to the following address: info@CleverFinance.com

Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CLEVER FINANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. CLEVER FINANCE AND ITS AFFILIATES, DO NOT WARRANT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF DELIVERY OF THE SERVICES.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CLEVER FINANCE, AND ITS AFFILIATES, FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO $1000. CLEVER FINANCE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET; CORRUPTION, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT. THE ABOVE LIMITATIONS APPLY EVEN IF CLEVER FINANCE AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CLEVER FINANCE AND ITS AFFILIATES, AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE LIMITATIONS IS A MATERIAL INDUCEMENT TO CLEVER FINANCE TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES.

Indemnification

You agree to indemnify and hold Clever Finance and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Clever Finance reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Clever Finance in the defense of any Claims.

Changes to This Agreement or the Services

We may change this Agreement from time to time, and the changes will be effective when delivered to your email address or posted to www.CleverFinance.com. Your continued use of the Services after Clever Finance notifies you of any changes or posts the changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.

Termination

Clever Finance may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Services. Our Privacy Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Not Providing Legal, Tax or Financial Advice; Disclaimer Of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.

You may cease using the Services offered by Clever Finance at any time.

Copyright and Trademark Notices

All materials provided by us as part of the Service as well as the organization and layout of the Service are owned and copyrighted or licensed by Clever Finance, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Clever Finance website (if any), is permitted without the written permission of Clever Finance. Any rights not expressly granted herein are reserved. Clever Finance, the Clever Finance logo, product and service names are trademarks of Clever Finance, Inc. (the "Clever Finance Marks"). You agree not to display or use the Clever Finance Marks in any manner without Clever Finance's prior permission.

Governing Law and Jurisdiction

The internal, substantive laws of the State of California governs this Agreement without regard to its conflicts of laws provisions. As a material inducement to Clever Finance to enter into this Agreement, you agree that to resolve any legal dispute arising from this Agreement, you and Clever Finance agree to the exclusive jurisdiction of state or federal courts located in Santa Clara County, California.

General

You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and Clever Finance and replaces and supersedes any prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable.

Effective Date of Terms of Use: January 22, 2019.