InvestiFi Inc. Terms of Use

Rev. July 31, 2024

These Terms of Use (“Terms”) govern the use of all websites and mobile applications linking to or posting these Terms (each a “Platform”) that are operated by InvestiFi, Inc. or any of our subsidiaries and affiliates (“InvestiFi”, “we”, “us” or “our”), including your use of the Platform to access any of the various self-directed investment services that are made available by third parties, who may be affiliates or subsidiaries of ours (“Service Providers”), in whole or in part, through our Platform (each, a “Service” and collectively, the “Services”). InvestiFi, Inc. has contracted with your financial institution (“Financial Institution”) to make the Platform available to you as a member or customer of your Financial Institution through your online or mobile banking applications with your financial institution (“FI Platform”). These Terms apply to any person who accesses or uses the Platform (“you”). These Terms constitute a legally binding agreement between InvestiFi and you. Please carefully read these Terms, including our Privacy Policy (https://investifi.co/privacy/) and additional risk disclosures before you access our Platform or use the Services. The Services are not offered by InvestiFi or your financial institution, and additional terms apply to the Services.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION PROVISION, ARBITRATION CAN HAVE A SUBSTANTIAL IMPACT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PURSUE OR PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU MAY REJECT THE ARBITRATION PROVISION AS EXPLAINED BELOW.

YOU UNDERSTAND THAT THE SERVICES ARE NOT PROVIDED BY INVESTIFI AND THAT YOUR ACCOUNT IS NOT AN ACCOUNT WITH INVESTIFI. 

INVESTIFI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES. INVESTIFI IS NOT A BROKER-DEALER, TRUST COMPANY OR OTHER LICENSED ENTITY AUTHORIZED TO PROVIDE INVESTMENT ADVICE.

THE SERVICES MAY INVOLVE SIGNIFICANT RISK, SUCH AS PRICE CHANGES, LOSS OF VALUE INCLUDING LOSS OF PRINCIPAL, VOLATILE MARKET CONDITIONS, SECURITY INCIDENTS, HACKING AND CYBERSECURITY RISKS.

THE SERVICES ARE NOT INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION (“NCUA”), THE SECURITIES INVESTOR PROTECTION CORPORATION (“SIPC”), OR ANY OTHER GOVERNMENTAL, QUASI-GOVERNMENTAL, REGULATORY OR INDUSTRY-BACKED INSURANCE OR PROTECTION PROGRAM OF ANY KIND.

YOU ENGAGE IN THE SERVICES AT YOUR OWN RISK. 

YOU ARE RESPONSIBLE FOR YOUR LOSSES.

  1. DESCRIPTION OF THE PLATFORM

Through your FI Platform, you are able to access the Platform and use the Service.  Each such user of the Platform is referred to individually as a “User” (and collectively as “Users”). Users have the ability to view a limited set of features within the Platform, such as educational and marketing materials related to the Services. A User will have the ability to select a Service or Services and establish one or more accounts with one or more Service Providers offering self-directed securities and/or digital asset investment services (each an “Account” and collectively, the “Accounts”).

You understand that the Services are not provided by your Financial Institution or InvestiFi and are solely offered by Service Providers. InvestiFi and your Financial Institution are not affiliated but have entered into a license agreement whereby you, as a customer or member of the Financial Institution, may use the Platform to access the Services through your Financial Institution account (“Financial Institution Account”), subject to these Terms and the terms and requirements of each agreement with each Service Provider offering any of the Services. These Terms are separate and apart from any terms you have entered into with your Financial Institution. You further understand that each Service Provider with which you open an Account will require you to agree to additional terms, agreements and disclosures before you may access or use their Services.

  1. UPDATES TO THESE TERMS

These Terms may be updated or amended by us from time to time without notice to you by our posting a revised version of these Terms on the Platform. Any changes will be effective prospectively as of the date noted when the updated Terms are posted. It is your responsibility to periodically review these Terms in case of any such updates or amendments. If you do not agree to any updates or amendments, you must cease using our Platform to access the Services. Your continued use of the Platform after any update or amendment will constitute your acceptance of the updated or amended Terms.

  1. RESTRICTIONS

In order to maintain access to the Platform you must remain in compliance with these Terms.

As a condition of your access to the Platform or access or use of any Service through the Platform, you further agree not to do, or attempt to do, any of the following:

  • impersonate another person;
  • publish, distribute, modify, transmit, display, or create derivative works from or otherwise exploit in any manner any of the Content;
  • send, email, transmit, or otherwise transfer to or through the Platform any material or information that may violate any rights of any third party or Service Provider, including any copyright, trademark, privacy, or other personal or proprietary right;
  • send, email, transmit, or otherwise transfer to or through the Platform any material or information that is potentially or actually unlawful, violent, graphic, obscene, deceptive, offensive, abusive, sexually explicit, harmful, dangerous, or self-injurious, endangering to minors, threatening, or otherwise objectionable;
  • send, email, transmit, or otherwise transfer to or through the Platform any material containing viruses or any other destructive materials or data or code which may corrupt, interfere with, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation of any computer system, hardware, or software;
  • decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software associated the Platform;
  • probe, scan or otherwise test the vulnerability of the Platform, or our underlying systems or network, or breach any security or authentication measures or policies without proper authorization;
  • access any of our Platforms with any data extraction, mining, scraping, or other data gathering tools, or otherwise collect or scrape any InvestiFi Content from the Service or the Platform without our written consent;
  • intercept or access any information transmitted to or from InvestiFi that is not intended to be received by you;
  • violate any applicable law, rule, or regulation; or
  • violate any policies, procedures, requirements associated with the Service or the Platform that we disclose to you.
  1. PLATFORM ACCESS

You will be able to access the Platform through your Financial Institution Account. You are solely responsible for the confidentiality and use of your access credentials, and you will immediately inform your Financial Institution and us if you suspect that your access credentials have been lost or compromised, or if you suspect unauthorized use of your Financial Institution Account. You, and anyone else who has access to your access credentials for your Financial Institution Account, will be able to access the InvestiFi Platform and the Service through your Financial Institution Account. This means that any joint account holder who you share your Financial Institution Account with who does not have their own login credentials will have access to any Account you have through the InvestiFi Platform. Additionally, anyone who you share your Financial Institution Account login credentials with will also be able to access your Accounts. You understand that anyone with access to your Accounts will be able to buy, sell, trade, and otherwise transact in securities and digital assets the same as you, and that the entity through which the order is placed is authorized to rely and act up on any orders placed through your Account.

Any individual with access to your Financial Institution Account will be able to view the securities and digital asset transactions that result in a withdrawal or a credit to your Financial Institution Account connected to any Account you have on the InvestiFi Platform. If all joint account holders on your Financial Institution Account use the same login credentials, they will also be able to see your securities and Digital Asset transactions and will also have access to those funds that are transferred into your Financial Institution Account from any other Account.

You are responsible for maintaining the security of your Account(s) and your Financial Institution Account, and for preventing unauthorized or fraudulent access to your Account(s). Do not share your usernames, passwords or other information about your Financial Institution Account or your Account(s). You should never access your Financial Institution Accounts or any of the Account(s) while on a public network. To the extent permitted by law, you will be responsible for any and all fraudulent and/or unauthorized activity in your Financial Institution Account and/or Account(s) resulting from your acts or omissions, including any loss of funds, incurred transaction fees, and tax consequences.

By accessing the Service via the Platform, you specifically consent to the InvestiFi (as the Financial Institution’s service provider) accessing the Financial Institution Account to process the transactions (including debiting and crediting) for your transactions initiated via the Service. We reserve the right to restrict or suspend your access to the Platform at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. While your access to the Platform is suspended your Accounts may fluctuate in value.  Further, Service Providers may in accordance with their agreement(s) with you, close your Account if you do not access your Account for a period of time. InvestiFi is not liable for any loss in value to your investments while you are unable to access your Account(s). We will not be liable for any loss or damage caused by any unauthorized use of your Account.

You agree that your Financial Institution and or InvestiFi on behalf of the Financial Institution may share your information with each Service Provider in connection with the Service Provider providing you the Service(s). For example, if you change your name with your Financial Institution, that name change information may be provided to the Service Provider in order to update your Account with such Service Provider. Additionally, your Financial Institution may use and share your information in accordance with the Financial Institution’s Privacy Policy. InvestiFi may use and share your information in accordance with InvestiFi’s Privacy Policy. Each privacy policy is provided to you separately.

  1. INTELLECTUAL PROPERTY

The Platform contains material, such as software, text, graphics, images, sound recordings, and other material provided by or on behalf of InvestiFi or its affiliates (collectively referred to as the “InvestiFi Content”). The InvestiFi Content may be owned by us or Service Providers and is protected under both United States and foreign laws. Unauthorized use of the InvestiFi Content may violate copyright, trademark, and other laws.

Subject to the next paragraph, both Users may view all InvestiFi Content for your own personal, non-commercial use, and no other use is permitted without the prior written consent of InvestiFi. InvestiFi and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the InvestiFi Content. You must retain all copyright and other proprietary notices contained in the InvestiFi Content. You may not sell, transfer, assign, license, sublicense, or modify the InvestiFi Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the InvestiFi Content in any way for any public or commercial purpose. We reserve the right to remove and modify InvestiFi Content at any time for any reason without any notice to you.

If you violate any part of these Terms, your permission to access the InvestiFi Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the InvestiFi Content.

The trademarks, service marks, and logos of InvestiFi and its affiliates (the “InvestiFi Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of InvestiFi. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with InvestiFi Trademarks, the “Trademarks”). Nothing herein or on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of InvestiFi Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the InvestiFi Content may be retransmitted without our express, written consent for each and every instance.

  1. CUSTOMER CONTENT; LICENSES

The Platform may provide Users the ability to create commentary and other content (text, graphics, images, or otherwise) (“User Content”) available to other Users. Each time a User submits User Content, you expressly authorize InvestiFi to make such User Content available to other Users through the Platform. YOU, AND NOT INVESTIFI, ARE ENTIRELY RESPONSIBLE FOR ALL CUSTOMER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM. IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE PLATFORM. IN ADDITION, YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS WHEN POSTING USER CONTENT, INCLUDING, WITHOUT LIMITATION, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. INVESTIFI IS NOT RESPONSIBLE FOR MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT THAT YOU MAKE AVAILABLE ON OR THROUGH THE PLATFORM.

You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us an irrevocable, perpetual, royalty-free, sub-licensable and transferable right and license to copy, transmit, format, distribute, prepare derivative works of, display, perform and otherwise use your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, in connection with our business, including, without limitation, for the purpose of providing the Platform.

If you submit User Content to us or post it on the Platform, each such submission constitutes a representation and warranty to InvestiFi that (i) such User Content is your original creation (or that you otherwise have the right to provide the User Content), (ii) that you have the rights necessary to grant the license to the User Content under the prior paragraph, (iii) that such User Content and its use by InvestiFi and its sublicensees as permitted by these Terms do not and will not infringe or misappropriate the intellectual property or privacy or other rights of any person, or contain any libelous, defamatory, or obscene material or content that violates our these Terms.

We reserve the right (but not the obligation), in our sole discretion, to remove User Content that does not meet these Terms or for any other reason. For the avoidance of doubt, we are not responsible for monitoring User Content, but may do so.


We reserve the right, at all times and in our sole discretion, to disclose any User Content and other related information for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of these Terms; (c) to protect the legal rights and remedies of us or our affiliates; (d) if we, in our reasonable discretion, believes that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

WE DO NOT CONTROL ANY USER CONTENT, AND WE THEREFORE MAKE NO REPRESENTATIONS OR WARRANTIES, AND NONE OF THE INVESTIFI PARTIES (AS DEFINED BELOW) WILL HAVE ANY RESPONSIBILITY OR LIABILITY, WITH RESPECT TO ANY USER CONTENT PROVIDED OR MADE AVAILABLE BY YOU OR BY ANY OTHER USER.

WITHOUT LIMITING THE FOREGOING, WE DO NOT PRE-SCREEN, ENDORSE OR APPROVE ANY USER CONTENT. USER CONTENT SHOULD BE INDEPENDENTLY VETTED BY EACH USER FOR ACCURACY, TIMELINESS AND AUTHENTICITY. YOU ACKNOWLEDGE THAT YOU CHOOSE TO USE THE PLATFORM TO COMMUNICATE WITH OTHER USERS OF THE PLATFORM AT YOUR SOLE RISK AND WILL EVALUATE AND BEAR ANY RISKS RELATED TO YOUR USE OF ANY USER CONTENT PROVIDED BY ANY OTHER USER, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH USER CONTENT. THIS IS INCLUSIVE OF ANY IDEAS, SUGGESTIONS, OPINIONS, COMMENTS AND OBSERVATIONS MADE BY OTHER USERS OF THE PLATFORM, AS WELL AS ANY TEXT, DATA FILES, VIDEO, MUSIC, SOUND, VOICE RECORDINGS OR OTHER USER CONTENT.

ANY USER CONTENT THAT MENTIONS OR REFERENCES A SECURITY OR AN INVESTMENT STRATEGY, OR ANY SECURITIES TRANSACTION IS NOT A SOLICITATION OR RECOMMENDATION TO BUY A SECURITY BY US. NONE OF THE INVESTIFI PARTIES SOLICIT OR RECOMMEND ANY TRADE OR SECURITY VIA THE PLATFORM, OR OTHERWISE. THERE ARE MANY FACTORS THAT YOU MUST CONSIDER WHEN MAKING AN INVESTMENT DECISION INCLUDING, BUT NOT LIMITED TO, PRODUCT FEATURES, RISKS, WHETHER OR NOT AN INVESTMENT MEETS YOUR INVESTMENT OBJECTIVES, RISK TOLERANCE AND OTHER PERSONALIZED FACTORS. PLEASE REMEMBER THAT PAST PERFORMANCE MAY NOT BE INDICATIVE OF FUTURE RESULTS. DIFFERENT TYPES OF INVESTMENTS INVOLVE VARYING DEGREES OF RISK, AND THERE CAN BE NO ASSURANCE THAT THE FUTURE PERFORMANCE OF ANY SPECIFIC INVESTMENT, INVESTMENT STRATEGY, OR PRODUCT REFERENCED DIRECTLY OR INDIRECTLY IN ANY USER CONTENT, WILL BE PROFITABLE OR BE SUITABLE FOR YOU.

  1. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

  1. CONSENT TO ELECTRONIC DELIVERY

By providing InvestiFi with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change the e-mail address registered with InvestiFi or its affiliates, as appropriate. If you become aware of any unauthorized use of your information, please contact InvestiFi. Further, by registering with InvestiFi you are aware and consent that electronic signatures and electronic documents will be used instead of paper documents. You agree and are giving consent to electronic delivery of all communications which includes, but is not limited to, all current and future account statements, trade confirmations, notices, disclosures, regulatory communications (including prospectuses, proxy solicitations and privacy notices) and other information, documents, data, and records regarding your account all Services provided by InvestiFi delivered or provided to you by InvestiFi. Your consent will be effective immediately and will remain in effect until either InvestiFi or you revoke it. You understand that it may take up to three days to process a revocation of consent to electronic communications and you may receive electronic notifications in the interim. You may revoke or restrict consent to electronic delivery of InvestiFi communications at any time by notifying InvestiFi at optout@investifico. You have the right to request paper delivery of any communication that the law requires InvestiFi to provide in paper form, if any. If you revoke or restrict consent to electronic delivery, InvestiFi, at its discretion, may charge a Service fee for the delivery of communications that would otherwise be delivered electronically, restrict your account, or close your account and terminate access to InvestiFi.

  1. NO WARRANTIES; LIMITATION OF LIABILITY

THE PLATFORM, THE INVESTIFI CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM OR INVESTIFI CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE INVESTIFI CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, THE INVESTIFI CONTENT AND THE USER CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE PLATFORM OR INVESTIFI CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM OR INVESTIFI CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM OR INVESTIFI CONTENT AND/OR ADD OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (THE “INVESTIFI PARTIES”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM, THE INVESTIFI CONTENT, ANY USER CONTENT, OR OTHERWISE RELATED TO THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM, THE INVESTIFI CONTENT, ANY USER CONTENT, OR OTHERWISE RELATED TO THESE TERMS SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  1. EXTERNAL SITES

The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

  1. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

10.1. Representations and Warranties. You hereby represent, warrant, and covenant that:             

10.1.1. You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;

10.1.2. Use of your User Content in the manners contemplated in these Terms shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party or Service Provider; and

10.1.3. You have adequately researched the Services. You are aware of and are comfortable with the risks involved in the purchase and sale of digital assets.

10.1.4. You are responsible for all tax implications and liabilities related to the Services.

10.1.5. No investment advice or recommendations will be provided by InvestiFi related to the Services. 

10.1.6 All transactions that you initiate by use of the Service are legal in the jurisdiction where you live and/or where the transaction occurred, and do not violate any statute, regulation, rule, regulatory guidance, ordinance, code, judgment, decree, applicable industry code, rule, guideline, policy or other standard enforceable by law, including the rules of a self-regulatory organization, and any official interpretations of any of the foregoing,

10.1.7 You acknowledge InvestiFi may receive compensation from the Service Providers and/or your Financial Institution related to the Services.

10.2. Indemnity. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your misuse of the InvestiFi Content or the Platform; (iii) any of your User Content; and/or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Platform is based in the United States. We make no claims concerning whether the Platform, the InvestiFi Content, or any User Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform, the InvestiFi Content or any User Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. TERMINATION OR MODIFICATION OF THE PLATFORM

We reserve the right to modify the scope and functionality of the Platform or terminate the Platform at any time. In the event of such changes you are solely responsible for making sure that you understand how to use the Platform as changed, or through another means, if available, other than through the Financial Institution’s online or mobile banking platforms, if the Financial Institution ceases to make the Service available or you close your Financial Institution Account. Do not ignore notices of changes to or termination of the Platform as they may significantly impact your access to and use of your Accounts. Neither the Financial Institution, InvestiFi, nor their respective affiliates or service providers will not be liable to you for any losses caused by your failure to properly use the Platform or any access device. Sections 3-17 shall survive the termination of these Terms.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

InvestiFi respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

By Mail:            Investifi, Inc.

8 The Green, Suite 7529 

Dover, DE 19901 

By Email:         infringements@investifi.co

If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  1. CONTROLLING LAW


These Terms shall be governed by and construed under the laws of the State of Delaware[LS1]  without respect to conflict of law provisions. In the event any party brings a legal action in connection with these Terms the prevailing party shall be entitled to, subject to Delaware law, payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

  1. DISPUTE RESOLUTION; CLASS ACTION WAIVER

YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 16. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 16 AS A CONDITION OF ACCESSING OR USING THE PLATFORM, OR ANY INVESTIFI CONTENT.

REJECTION PROCESS. YOU MAY REJECT THIS ARBITRATION PROVISION BY NOTIFYING INVESTIFI AT THE FOLLOWING ADDRESS:  

INVESTIFI, INC.

8 The Green, Ste 7529 

Dover, DE 19901 

ATTENTION: ARBITRATION OPT-OUT

            Or Email at: optout@investifi.co

ATTENTION: ARBITRATION OPT-OUT

YOUR REJECTION ONLY APPLIES TO THESE TERMS AND ANY DISPUTE RELATED THERETO WITH EITHER INVESTIFI.

Informal Dispute Procedures. For any dispute you have with InvestiFi or concerning these Terms, you agree to first contact us at disputes@investifi.co and to attempt to resolve such dispute informally.

Arbitration. In the unlikely event that we are unable to resolve any dispute you bring to our attention after sixty (60) days, and for any other dispute we raise, you and InvestiFi agree that, except where prohibited by law, all disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at 800.352.5267 or visit the JAMS website at www.jamsadr.com.

No Class Actions or Class Wide Relief. You and InvestiFi agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

Survival. This Section 16 will survive termination of these Terms or your right to access or use the Services or our Platform. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

  1. MISCELLANEOUS

Waiver. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Entire Agreement. Except as expressly agreed by us and you in writing, these Terms constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

No Relationship. You agree that your use of the Platform does not create any joint venture, partnership, employment or agency relationship between you and InvestiFi.

Enforcement and Survival. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or inapplicable, InvestiFi and you nevertheless agree that the court or arbitrator should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. If any term or provision of these Terms is declared unlawful, void, or unenforceable for any reason by any court or arbitrator in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions in these Terms.

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