This is an explanation of the things you should know about using vested, a service provided by vested. We have tried to make it as clear and straightforward as possible, because that is how we would want to be treated. If you find anything in here confusing, please let us know by contacting us at team@vestedapp.com.
These are the Terms governing your use of the services provided to you through the vested application, websites and software, including content, updates, and new releases (collectively, the "Services"). By signing up for vested, using the vested application or visiting the vested website (www.vestedapp.com), you understand and agree to the Terms outlined here. You also agree to our privacy policy (www.vestedapp.com/privacy). The term “Services” includes the websites, services, features, content or applications offered by vested, as part of WellnessLabs, and “Content” includes any information, data, text, images, content, materials, software, and features generated, provided or otherwise made accessible on or through the Services.
We ask that you please read these Terms carefully, including the sections labeled “Arbitration”, “Arbitration Restrictions” and “Exceptions to Informal Negotiations and Arbitration”. These sections limit vested’s liability to you and require individual arbitration for legal disputes between you and vested. If you have questions about these sections, or any part of these Terms, get in touch! We’ll be happy to help. team@vestedapp.com.
If you do not accept the Terms of use contained here (the “Agreement” or the “Terms”), you understand and acknowledge that you will not be allowed to use the vested app or website.
vested does not provide financial planning services, brokerage services, tax, accounting, or legal advice. You should contact your own financial planner or broker, tax advisor, accountant and/or attorney before making any decisions that have tax or legal implications. While vested can tailor your financial goals to help you save more money, you are the sole entity responsible for all financial decisions. As such, vestedis not liable if you are unable to complete a financial goal or save a specific sum of money.
Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider whether it may be appropriate to obtain additional tailored advice from your accountant or other financial advisors who are fully aware of your individual financial circumstances.
To provide vested, vested connects to your bank or credit union account to retrieve your account transaction history. We use your transaction history to determine your income and expenses. Accordingly, when you sign up for vested, we ask you to sign into your bank or credit union account.
You may also direct vested to retrieve information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Account Information”). vested works with one or more third-party service providers, to access this Account Information. By enrolling in vested, you authorize vested to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.
By agreeing to these Terms, you are also agreeing that you are responsible for keeping your passwords and usernames for this Account Information secure and for keeping those passwords and usernames up to date in the vested app. vested does not review the Account Information for accuracy, legality or non-infringement, and vested is not responsible for your Account Information or products and services offered by or on third-party sites. You can read more about who we work with in our privacy policy (www.vestedapp.com/privacy).
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited right to use the Services, and vested reserves all rights of ownership in the Services not expressly granted to you in writing here. Subject to the termination provisions set forth below, for so long as you comply with these Terms, vested grants to you a personal, limited, non-exclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation Terms, and only for the purposes described by vested on the website for the Services. If, notwithstanding the foregoing you grant access to your account or the Services to any other person, you will be in violation of these Terms and you will be solely responsible for any actions taken by any such person, as well as any damages or losses caused by any such person to you, vested, or others. vested may make the Services available via mobile applications or other downloadable software and hereby grants you a limited, non-exclusive, revocable, non-transferable, right and license, without the right to grant or authorize sublicenses, to install and use such software on any mobile phone, tablet or other device on which the software is installed (each a "Device"). You may use the software only on a Device owned or controlled by you, solely for your own individual, non-commercial use. These Terms also govern any updates and/or upgrades to the software that are made available by vested to you, unless such updates or upgrades are accompanied by a separate license agreement, in which case the Terms of that license agreement will supersede these Terms.
You agree not to use the Services or content on this website in a manner that violates any applicable local, state, federal or international law, regulation or these Terms. For example, unless authorized by vested in writing, you agree you will not:
The foregoing list provides examples only and is non-exclusive. If you violate any of these Terms, your right to use the Services may be terminated by vested in its sole discretion.
You are solely responsible for maintaining and securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account due to theft or loss of your password, you agree to contact vested immediately by e-mail at the address provided under the heading "Account Security," below.
The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
You are responsible for your own actions while using the Services. In particular, you should not use the Services while driving or at any other time when use of the Services may disrupt your attention to other matters and result in injury to yourself or others.
You can close your vested account at any time by emailing vested at team@vestedapp.com.
Just like you have the right to cancel, we have the exclusive and non-negotiable right to cancel your use of vested. We may terminate your use of the application for any reason at any time upon notice to you. Termination may happen, for example, if we discover that you are using vested in a way that violates these Terms. In the event of cancellation, vested may suspend or close your vested account. We will inform you of our decision, and you can always talk to our support team if you have questions. You agree that vested will not be liable to you or any third-party for any termination of your access to vested.
Subject to these Terms, we grant each customer of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party’s rights.
We reserve the right (but do not have any obligation) to remove or block any Content from the Services or to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all.
You promise not to: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. You also promise not to (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under these Terms. You promise to abide by all applicable local, state, national, and international laws and regulations.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You must not (and must not permit any third-party to) either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through the Services that:
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to customer support requests, or (v) protect the rights, property or safety of us, our customers or the public.
By accepting these Terms, you understand and agree that you are entering into this agreement electronically and that certain categories of information (“Communications”) may be provided by vested to you by electronic means (i.e., via email, through in-app notification, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:
Timing of Communications. Any Communications will be deemed to have been received by you no later than 5 (five) business days after vested sends it to you by email or in-app notification, whether or not you have received the email or retrieved the Communication from the app. An electronic Communication by email or in-app notification is considered to be sent at the time that it is directed by vested’s server to your email address or in-app inbox. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Updated Contact Information. You agree to promptly update your vested account information if your email address changes so that vested may contact you electronically. You understand and agree that if vested sends you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, vested will be deemed to have provided the Communication to you.
System Specifications. In order to access, view, and retain electronic Communications that vested makes available to you, you must have access to the following hardware and software requirements:
Consent to Short Message Service (SMS) Communications. As part of your consent to electronic Communications, you agree to receive SMS messages to each telephone number provided by you to vested regarding the Services. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow vested to contact you and to use the Services. As always, you agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
Withdrawal of Consent to Electronic Communications. If you have registered an account with vested and you wish to withdraw your consent to have Communications provided electronically, you must stop using the services and deregister your Account by emailing vested at team@vestedapp.com. vested reserves the right to terminate your vested account if you withdraw consent to future electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after vested has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by vested in its sole discretion.
Reservation of Rights. vested reserves the right, in its sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the Terms on which vested provides electronic Communications. vested will provide you with notice of any such termination or change as required by law.
You release us from all liability for your having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.
The Services and Content are provided “as is,” “as available” and without warranty 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. we and our directors, employees, agents, suppliers, partners and content providers make no warranty that (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any Content or Software available at or through the Services will be free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
When you use the Services, you create a personal profile and upload your financial information to vested’s facilities or authorize vested to import that information from your financial institutions. You may also interact with other users of the Services from time to time. You warrant and represent that you own or otherwise have a right to provide, or authorize your financial institution(s) to provide, all of the information you provide or cause to be provided to vested through your use of the Services. (the "Content"). You agree that vested is not responsible for your choices of and changes to any Content you provide in the course of using the Services. You agree that you will not use the Services to share, store, or in any way distribute financial data for purposes that are not in accordance with the law. Any Users suspected of having used the Services to acquire, provide or share information for purposes that include fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their data erased, and may be reported to law enforcement officials in the appropriate jurisdictions. vested is not responsible for any violations of law that may result from the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
vested may freely use feedback you provide. You agree that vested may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials with or without your permission and with or without credit to you. You grant vested a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback you provide to vested in any way.
vested may monitor your Content from time to time. vested may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect vested or its customers, or operate the Services properly. vested, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, believed to be unacceptable, undesirable, inappropriate, or in violation of these Terms.
You hereby acknowledge that vested may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Content will be retained by vested. You further acknowledge and agree that vested reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice: except that material changes to the Privacy Notice will be communicated to you using the email address that you provide in connection with the Services.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your misuse of, or access to, the Services or Content, violation of these Terms, or infringement by you (or any third-party using your vested account or identity in the Services) of any intellectual property or other right of any person or entity. We reserve 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 us in asserting any available defenses.
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate of) $500.00.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America without regard to its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state courts in the Commonwealth of Massachusetts.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Except as explicitly provided in these Terms, any dispute or claim (whether or not such dispute or claim involves a third-party), relating in any way to your use of the Services, Content, or product offered or provided by or through the Services, or otherwise arising out of or relating to these Terms, the Services or the Content that cannot be resolved directly between you and vested shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in these Terms, this includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow these Terms as a court would.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the “Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration will take place in the Commonwealth of Massachusetts unless the parties otherwise agree in writing. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. If such costs are determined by the arbitrator to be excessive, vested will pay all arbitration fees and expenses.
The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and vested each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these Terms.
Additionally, you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or vested and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”).
Except as explicitly provided in elsewhere in these Terms, all claims you bring against vested must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section may be considered improperly filed. Should you file a claim contrary to this Section, vested may recover from you attorneys' fees and costs up to $1,500 per claim, provided that vested first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
You and vested agree that any arbitration shall be limited to the dispute between vested and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. These arbitration provisions will survive the termination of your relationship with us.
You and vested agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or vested’s intellectual property rights; and (2) any claim for injunctive relief.
These Terms represent the entire agreement between you and vested with respect to vested. They supersede any other communications you have with us regarding the vested, such as by email or phone. If any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, but the rest of these Terms will stay intact. No agency, partnership, joint venture, or employment relationship is created under these Terms, and neither you nor vested has any authority to bind the other in any way. The paragraph headings in these Terms are for convenience only and do not affect any provision’s meaning or interpretation.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Additionally, since vested is an application for iPhone, Apple, Inc. (“Apple”) requires that we post something they call their “Device and Application Terms”. The important thing to know is that these Terms are an agreement between you and vested, not between you and Apple, and Apple is not responsible for the Services or any application related to them, whether accessed on a device provided by Apple or obtained through the Apple App Store (which application, in either case, will be referenced below as an “Application”). In addition:
Also, these Terms are specific to the relationship between you and vested, so you may not transfer any part of the agreement between you and vested to anyone else, or assign any part of your relationship with vested to another person or organization. If, at some point, we fail to enforce any part of these Terms, that does not mean we waive our rights to enforce these Terms in the future. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing.
Finally, sometimes we may need to change these Terms. For example, we might need to make changes if we add a new feature to vested. We will notify you by changing the revision date at the top of this page, and in some cases we will notify you directly, by email or by in-app notification. Your continued use of vested after a modification signifies your agreement to the modification. We encourage you to review frequently these Terms to ensure that you understand the terms and conditions that apply to your use of vested. We will always be happy to answer any questions about these changes, and you can get in touch at team@vestedapp.com.