Consent to Use Electronic Signatures and Electronic Communications
“Communications” means any and all agreements, communications, disclosures, notices, records, documents and/or other items“Contacting us” means emailing us at "Current version" means a version of any particular software or application that is currently being supported by its publisher."Electronic Communications" means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature."Electronic Media" means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.“Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media."Electronic signature" means any means that is used to indicate your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate your consent and/or agreement on or in any Electronic Media.
Electronic Signatures and Electronic Communications. Subject to applicable law, you consent and agree:
When the following capitalized terms are used above or below in this Terms and Conditions, the following definitions apply:Account means a Maiven Account.ACH means the Automated Clearing House, a network for, among other things, direct payment by electronic funds transfer.Funding Source means a checking account that you use to send money to and receive money from your Account. It is a checking account that will be a source of Deposits and destination of Withdrawals in the Program. Your primary Funding Source is the primary checking account from which ACH payment will be debited to make Transfers. If you have a secondary Funding Source, that checking account may also be a source of Deposits and a destination of Withdrawals in the Program. Your secondary Funding Source may also be a secondary checking account from which ACH payment will be transferred if Maiven is unable to collect the amount from your primary Funding Source.Transfer means any transfer of money from your Funding Source to your Account.
Use of Website and Services
Maiven User Accounts
By using the Website and/or Services, you automatically authorize us to obtain, directly or indirectly through our third-party service providers, such as but not limited to Plaid, the Application Programming Interface utilized by the Website and Services, and without any time limit or the requirement to pay any fees, information about you and your Financial Accounts from the financial institution holding your Financial Accounts and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant the Company and our third-party service providers a limited power of attorney, and you hereby appoint the Company and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, THE COMPANY AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services. We may, but are not required and do not undertake, to review and assess information obtained from the financial institution holding your Financial Accounts and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement.
You acknowledge and agree that the Company is in the business of providing the Services and that the Company may provide the Services or such services as it shall provide from time to time in accordance with its sole discretion to third parties, including any corporate body or other entity involved in the business or providing services similar to the Services.
Without derogating from the provisions of Section 1 thereof, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Website and/or Services; (b) use the Website and/or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Services or content of any of the Website or Services; (d) attempt to disable or circumvent any security or access control mechanism of the Website or Services; (e) design or assist in designing cheats, exploits, automation software such as but not limited to spiders, bots, hacks, mods or any other unauthorized third-party software to modify or interfere with the Website or Services; (f) use the Website or Services or engage with other Users or any third parties for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website or Services, other Maiven User Accounts, as defined below, or other devices, computer system, phone systems, or networks connected to the Website or Services; and (h) harvest or otherwise collect information about Users without their consent.Without derogating from the foregoing, if you post, publish, share or otherwise transfer through the Website and/or by using the Services any content or other information, including without limitation by providing the Documents (the “Content“), you represent and warrant that such Content provides an accurate and complete picture of any information or services described therein, complies with these Terms herein, and does not: (a) infringe the intellectual property, moral or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; (e) attempt to gain control of another Maiven User Account for any reason; (f) connect any Maiven User Account that you do not rightfully and lawfully control; (g) impersonate or misrepresent your affiliation with any person or entity; (h) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and (i) encourage or enable any other individual to do any of the foregoing.By posting, uploading, publishing, sharing or otherwise transferring any Content using the Website and/or Services, you hereby irrevocably grant the Company and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display and otherwise transfer such Content, except when such content concerns the Documents or any financial information, in any reasonable form as shall be in the Company’s sole discretion. The Company reserves the right to remove, suspend access to or permanently delete any Content in accordance with its sole discretion without prior notice, including without limitation any Content that violates the warranties set forth above or the Company’s business interests, you shall have no right or claim in respect of any such decisions and actions and will hold the Company harmless for any damage or loss arising from the above. Without derogating from the foregoing, the Company is not, and shall not be, liable for any Content provided, posted, uploaded, shared or otherwise made available by Users, directly or indirectly, or any interactions engaged by any Users or with Third Parties. Each User using the Website and/or Services hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.
Maiven User Account Registration
Users wishing to use the Website, App and Services must complete a registration process and create a user account (the “Maiven User Account“). The Maiven User Account allows the use of the Website, App and Services, subject to these Terms. To create a Maiven User Account, User must provide truthful and accurate information and keep such information up-to-date, and select a password or a pin. You agree that you will supply accurate and complete information to us in the creation of your Maiven User Account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. When you complete the registration process, you create a Maiven User Account. The Company reserves the right for any reason at its sole discretion, (a) to refuse to allow anyone wishing to use the Website, App or Services to open a Maiven User Account, or (b) to close any Maiven User Account. You may not provide false information during the registration process. You shall not share your Maiven User Account or login information with any third party, nor let any third party access your Maiven User Account, and are responsible for maintaining the confidentiality of the login information for your Maiven User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your Maiven User Account, even if such activities were not committed by you. The Company will not be liable for any losses or damages incurred by unauthorized use of your Maiven User Account or password, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your Maiven User Account, including any Content shared or otherwise made available, unless you have notified the Company via e-mail to that your Maiven User Account has been compromised, that you have modified your login information, have requested the Company to block access to it, and the Company has had a reasonable amount of time to review and act on such notification. Without derogating from the foregoing, we may terminate your use of the Website and/or Services if you let any third party use your Maiven User Account inappropriately or if you or anyone using your Maiven User Account violates these Terms.
A Single Financial Account May Not Be Linked to More Than One Maiven User Account
Your Maiven User Account may be linked to one or more of your Financial Accounts. However, any single Financial Account of yours may not be linked to more than one Maiven User Account. Regardless of motive or purpose, or even if the result of a mistake or miscommunication, we will deem any attempt to link a Financial Account to more than one Maiven User Accounts, whether such attempt is by you alone, or by you and one or more joint owners of such Financial Account, to represent a potential abuse of the Website and Services. In such case, we will not permit you or any such joint owner to open any Maiven User Account, and we will close each and every Maiven User Account that has been opened by you or by any such joint owner. If you believe that we have made an error in this regard, please feel free to contact us at .
The Company may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User profile or Financial Accounts. Electronic automatic alerts will be sent to the email address or mobile number you have provided during your registration process. If your email address or mobile number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your username and some information about your Financial Accounts.
The Company is the owner of all worldwide rights, titles and interests in: (a) the Website and Services, and all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website and Services; and (b) trade names, trademarks, and logos of the Company, and shall at all times remain solely with the Company. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing shall mean only the right to use the Website and Services pursuant to these Terms. Users bear sole liability for any and all Content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Users using the Website and/or the Services, and the Company makes no representation with respect to any such Content. The Company will not be liable for any losses or damages incurred by such Content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.
The Website and Services are for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of the Company. The Website and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. User agrees not to use any Content in order to contact, advertise, solicit, or sell to any other User without their express consent.
Support & Feedback
Users may contact the Company with regard to support for the Website and Services by sending an email to . We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by emailing us . You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The Company makes reasonable efforts to ensure that its technology keeps the Website and Services safe and secure. However, no technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Except as expressly set forth herein, your use of the Website and Services is at your sole discretion and risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind relating to the Website and Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. The Company does not give any advice regarding the risk or suitability of any trade, transaction, engagement or other interaction. The Company assumes no responsibility for any transaction, engagement or other interactions made by you and you acknowledge that you are solely responsible for the assessment of your transactions, engagements and other interactions. You shall not hold the Company or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Company’s behalf or its affiliates liable for any transaction, engagement and other interaction-related choices made by you. No advice or information, whether oral or written, obtained by you from the Company, shall create any warranty not expressly stated in these Terms. 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.
Limitation of Liability
The Company does not guarantee the value, quality, compatibility or any other feature of any Content and Information, as well as any characteristics of the Users (hereinafter in this Section: the “Features”). Any Content, Information or Features are in the sole responsibility of the User using the Features or Information or posting, uploading, sharing or otherwise making available such Content on the Website or by using the Services. While each User must comply with these Terms and non-complying may result in termination of the Maiven User Account, use of the Website or Services, the Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms.The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Website or Services or combination thereof, including any injury or damage to Users or to any person’s computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Website or Services. Under no circumstances shall the Company be responsible for the conduct of third parties, including any Users, whether online or offline, and operators of external sites.In no event shall the Company or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on Company’s behalf or affiliates be liable to you for any indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Website or Services, whether or not the damages are foreseeable and whether or not the Company 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.
User shall defend, indemnify and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by the User or any use by the User of the Website or Services not in accordance with applicable law.
Governing Law; Disputes; Arbitration; Injunctive Relief, No Class Actions
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
You agree that if Maiven does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of Maiven’s rights and that those rights or remedies will still be available to Maiven.All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.These Terms and Conditions represent the entire understanding and agreement between you and Maiven regarding the subject matter of the same, and supersede all other previous agreements.
Maiven may occasionally change these Terms and Conditions, and post updated versions on our website. Your continued use and access to the Services following any changes to these Terms and Conditions will constitute your acceptance to the changes. You agree to review these Terms and Conditions periodically, and any changes will be effective upon posting of the revisions on the website.
Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your Maiven User Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.You may not assign any rights hereunder without our prior written consent. Maiven may assign its rights or obligations pursuant to these Terms. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.