Eva App - Terms of Use  (Last updated 27-June-2018)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY FINTEL LABS, INC., A DELAWARE COMPANY. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MOBILE APP (THE "APP") AND THE SERVICES, FEATURES, CONTENT, OFFERED BY EVA (COLLECTIVELY WITH THE APP, THE "SERVICE").

BY USING THE SERVICE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SERVICE FOR ANY PURPOSE.

DEFINITIONS

A. Parties 

"You" and "your" refer to you, as a user of the App. A "user" is someone who accesses, or in any way uses the App. "We," "us," and "our" refer to Eva. B. Content 

"Eva Content" means Content that we create and make available in connection with the App. "Third Party Content" means Content that originates from parties other than Eva or its users, which is made available in connection with the App. "App Content" means all of the Content that is made available in connection with the App, including Your Content, User Content, Third Party Content, and Eva Content.

USING THE APP

A. Eligibility 

To access or use the App, you must be 13 years or older and have the requisite power and authority to enter into these Terms.

B. Permission to Use the App 

We grant you permission to use the App subject to the restrictions in these Terms. Your use of the App is at your own risk.

C. App Availability 

The App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D. User Accounts 

You must create an account and provide certain information about yourself (such as your name and email) in order to use the features that are offered through the App. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. 

Your account is for your personal, non-commercial use only. Please also read our Privacy Policy for more information.

E. Connecting Bank Accounts

In order to provide you with meaningful insights, you will need to connect your financial accounts. We store your account and transaction information to perform analysis and provide you with actionable insights and recommendations to maintain a healthy financial life. The App uses Plaid as a Third Party Service Provider to facilitate the linking of accounts and gather the aggregated account information for your connected accounts. F. Recommendations

The App is not responsible for any decisions that you may take and any associated outcome that may arise based on the information provided within the App. THIRD PARTY APPS AND SERVICES

When you access third party applications within the Eva app, you do so at your own risk. These other apps are not under Eva’s control, and you acknowledge that Eva is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply endorsement by Eva or any association with its operators. You further acknowledge and agree that Eva shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

TERMINATION

You agree that Eva may, without prior notice, immediately terminate your access to the Service. Causes for termination may include, but are not be limited to, (a) breaches or violations of the TOS, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination may include (i) removal of all access to the Service, (ii) removal of access and deletion of all related information, files and content associated with or inside the Service, and (iii) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Eva’s sole discretion and that Eva shall not be liable to you or any third party for any termination of the Service.

WARRANTY DISCLAIMER

THE EVA APP, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO COMMUNICATION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVA OR THROUGH OR FROM THE SERVICE CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT OR CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Eva, and each of its and its employees, contractors, and representatives, from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the App, Service, Content, or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Eva). Eva reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Eva in asserting any available defenses.

GOVERNING LAW

These Terms of Use shall be governed by the laws of the United States of America, without regard to its conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States for the resolution of any disputes arising from these Terms of Use.

MODIFICATION OF TERMS OF USE

Fintel Labs, Inc., reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App. Eva may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

CONTACT

You may contact Eva at hello@fintel.ai if you have any questions. Thank you.