Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Ebenezer Kyei Addei, an individual who operates Everwise ("Everwise", "we", "us" or "our") governing your access to and use of myeverwise.com, the Everwise web application and related services (together, the "Service").

You accept these Terms by checking the box that says you agree to them when you create an account, or by accessing or using the Service. If you don't agree, you may not use the Service.

The Privacy Policy, Financial Disclaimer, AI Use & Limitations, Electronic Communications Consent and any feature-specific terms we present to you are incorporated into these Terms by reference. If a feature-specific term conflicts with these Terms, the feature-specific term controls for that feature.

2. Electronic agreement and communications

You agree that checking a box, clicking a button or otherwise indicating acceptance electronically is your electronic signature and has the same legal effect as a handwritten signature. You consent to receive agreements, notices and other communications electronically, as described in the Electronic Communications Consent.

We keep a record of the version of these Terms you accepted and when you accepted it.

3. Eligibility

• You must be at least 18 years old (or the age of majority where you live, if higher) and able to form a binding contract.
• The Service is intended for individuals located in the United States, for personal, non-commercial use.
• You may not use the Service if you are prohibited from doing so under applicable law, if you are located in a country subject to comprehensive U.S. sanctions, or if you appear on any U.S. government list of prohibited or restricted parties.
• If we previously suspended or terminated your account, you may not create a new one without our permission.

4. Your account

You agree to provide accurate, current and complete information, to keep it up to date, and not to create an account for anyone else or impersonate any person. We may require you to verify your email address and to use two-step verification.

You are responsible for all activity under your account, whether or not you authorized it, except to the extent the law provides otherwise. Tell us immediately if you suspect unauthorized access.

5. Account security

You are responsible for keeping your password, passkeys, authenticator app, backup codes and devices secure. Use a strong, unique password and don't share your credentials or codes with anyone. Everwise will never ask for your password, verification codes or backup codes by email or phone.

To the extent permitted by law, Everwise is not liable for loss or damage arising from your failure to keep your account credentials secure.

6. What Everwise is, and what it isn't

Everwise provides educational, informational, planning, analytical and automation-assistance tools to help you organize and understand your finances.

EVERWISE IS NOT A BANK, CREDIT UNION, MONEY TRANSMITTER, BROKER-DEALER, INVESTMENT ADVISER, CREDIT BUREAU, CREDIT REPAIR ORGANIZATION, CREDIT COUNSELING AGENCY, DEBT SETTLEMENT PROVIDER, TAX PREPARER, ACCOUNTANT OR LAW FIRM. Everwise does not provide personalized financial, investment, tax, legal, accounting or credit-counseling advice, and nothing in the Service is an offer or solicitation to buy or sell any security or financial product.

No fiduciary relationship: using the Service does not create a fiduciary, advisory, agency or professional relationship between you and Everwise.

7. Simulated features and connected accounts

Some features of the Service operate on simulated data, including demo accounts (if you haven't connected a bank), Autopilot actions, payments, transfers, savings and investment contributions, credit information and projections. Simulated features are for demonstration, education and planning only. They do not move real money, execute real trades or pull live credit reports, and results may differ from what would happen in real life.

Connecting financial accounts: if you choose to connect a financial account, Everwise uses Stripe Financial Connections, a service of Stripe, Inc. ("Stripe"), to gather your data from your financial institution. By connecting an account, you authorize Everwise and Stripe to access and transmit the account information shown on the connection screen, such as account names and types, balances and transactions. Stripe also handles your data under its own End User Terms and Privacy Policy (stripe.com/legal/end-users and stripe.com/privacy). You sign in to your institution through Stripe or on your institution's own website; Everwise never receives your bank username or password.

Connected-account access is read-only. Everwise cannot move money from, or make changes to, your accounts. Information from financial institutions and Stripe may be delayed, incomplete or inaccurate, and Everwise is not responsible for errors in data they provide. When Stripe or another provider doesn't report an account's interest rate, minimum payment, due date, statement date or credit limit, Everwise shows it as "Not reported" and leaves it out of calculations that require it. You may enter the actual value yourself; values you enter are identified as provided by you. Everwise does not present assumed values as actual account terms. You can disconnect an account at any time in Settings, which stops future data collection and deletes that account's data from Everwise.

You agree not to rely on simulated features, results or projections as a basis for any real financial decision. Features are labeled Demo, Simulation, Preview or Not yet active where relevant. Before Everwise offers any real money movement or investment functionality, you'll be asked to review and accept separate terms and authorizations.

8. Information, projections and recommendations

Insights, recommendations, scores, projections, estimates, plans and explanations in the Service ("Output") are generated automatically, are for general informational and educational purposes, and may be incomplete, inaccurate, outdated or unsuitable for your circumstances. Output depends on the information available, including information you provide, and on assumptions that may not hold.

EVERWISE DOES NOT GUARANTEE ANY RESULT OR OUTCOME, INCLUDING ANY CREDIT SCORE CHANGE, DEBT PAYOFF DATE, SAVINGS AMOUNT, INVESTMENT RETURN OR FINANCIAL BENEFIT. Past or projected results do not guarantee future results.

You are solely responsible for evaluating Output and for any decision you make or action you take. You should independently verify important information and consult a qualified professional before making significant financial, legal or tax decisions. See the Financial Disclaimer and AI Use & Limitations.

9. Automation and your controls

Features such as Autopilot act according to the control level, limits and safety rules you choose. You are responsible for reviewing and maintaining those settings and for monitoring activity in your account. Where the Service asks for your confirmation, you are responsible for reviewing the details before you confirm.

10. Information you provide

You are responsible for the accuracy and completeness of the information you provide. Everwise relies on that information and is not responsible for Output or outcomes that result from inaccurate, incomplete or outdated information.

You keep ownership of content you provide, such as goals and notes ("Your Content"). You grant Everwise a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce and display Your Content only as needed to operate, secure, maintain and improve the Service, as described in the Privacy Policy. You represent that you have the rights needed to provide Your Content and that it doesn't violate any law or third-party right.

11. Acceptable use

You agree to use the Service only for lawful, personal purposes and not to:

• access or attempt to access another person's account or data, or share your account;
• probe, scan or test the vulnerability of the Service, or bypass security, authentication or rate limits, except through a responsible-disclosure process we publish;
• interfere with or disrupt the Service, or use bots, scrapers or other automated means to access it without our written permission;
• upload or transmit malware, or content that is unlawful, fraudulent, defamatory, infringing or harmful;
• use the Service to commit fraud, launder money, finance illegal activity or violate any law or regulation;
• copy, modify, create derivative works of, reverse engineer, decompile or attempt to extract source code from the Service, except where the law expressly permits it;
• resell, sublicense or commercially exploit the Service, or use it to build a competing product;
• misrepresent your identity or affiliation, or use the Service on behalf of someone else without authority.

12. Third-party services

The Service may link to, integrate with or rely on websites, data providers and services operated by third parties ("Third-Party Services"). Third-Party Services are governed by their own terms and privacy policies. Everwise does not control and is not responsible for Third-Party Services, including their availability, accuracy, security or practices, and your use of them is at your own risk.

If you choose to connect an account through a third-party provider in the future, you authorize Everwise and the provider to access and use the data you permit, as described when you connect. You can disconnect at any time.

13. Fees

The Service is currently offered without charge. If we introduce paid features, we'll tell you the price and terms before you're charged, and you'll decide whether to subscribe. Any paid features will be subject to additional terms presented at that time.

14. Everwise's intellectual property

The Service, including its software, content, design, text, graphics, logos and trademarks, is owned by Everwise or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved.

15. Feedback

If you send us ideas, suggestions or feedback, you grant Everwise a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation or obligation to you.

16. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to privacy@myeverwise.com that includes the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)). We may remove content and terminate repeat infringers.

17. Changes to and availability of the Service

We may add, change, suspend or discontinue any part of the Service at any time, with or without notice. The Service may be unavailable from time to time, including for maintenance, updates or reasons outside our control. We are not liable for any unavailability, change or discontinuation, to the extent permitted by law.

Features labeled Beta, Preview, Experimental or similar are provided for evaluation, may contain errors, and may change or be removed at any time.

18. Suspension and termination

You may stop using the Service and delete your account at any time from Settings. We may suspend or terminate your access, with or without notice, if we reasonably believe you violated these Terms, created risk or possible legal exposure for Everwise or others, or if required by law. We may also discontinue the Service entirely.

When your account ends, your right to use the Service ends, and we may delete your data as described in the Privacy Policy. Sections that by their nature should survive termination will survive, including Sections 6 to 8, 10, 14, 15 and 19 to 28.

19. Use at your own risk

YOU USE THE SERVICE AT YOUR OWN RISK. You understand that financial decisions involve risk, that Output may be wrong, and that you, not Everwise, are responsible for evaluating Output and for any decision you make. You assume all risks associated with your use of the Service and reliance on any Output, to the fullest extent permitted by law.

20. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. EVERWISE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

EVERWISE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY OUTPUT IS ACCURATE, COMPLETE, RELIABLE OR SUITABLE FOR YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVERWISE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions don't allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

21. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVERWISE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE "EVERWISE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, OR FOR ANY FINANCIAL LOSS RESULTING FROM DECISIONS YOU MAKE, ARISING OUT OF OR RELATING TO THE SERVICE, ANY OUTPUT OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF AN EVERWISE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE EVERWISE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID EVERWISE FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations apply even if a remedy fails of its essential purpose, and they reflect a reasonable allocation of risk that is an essential basis of the bargain between you and Everwise. They do not apply to liability that cannot be limited or excluded under applicable law, such as liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by negligence where such limits are prohibited.

22. Time limit for claims

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.

23. Release

To the fullest extent permitted by law, you release the Everwise Parties from claims, demands and damages of every kind arising out of or relating to disputes with third parties, including Third-Party Services and other users. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other jurisdictions waive any similar law.

24. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Everwise Parties from and against any claims, liabilities, damages, losses, judgments, fines, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) Your Content; (c) your violation of these Terms or any law; or (d) your violation of any right of a third party. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any such matter without our prior written consent.

25. Events beyond our control

Everwise is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, cyberattacks, or failures of third-party hosting, data or communication providers.

26. Dispute resolution: binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Informal resolution first. Before starting arbitration or a court case, you and Everwise agree to try to resolve any dispute informally for at least 60 days. To start, send a written notice describing the dispute and the relief requested to privacy@myeverwise.com. We'll send notices to the email address on your account.

Agreement to arbitrate. Except as provided below, you and Everwise agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by final and binding individual arbitration, rather than in court. This agreement is governed by the Federal Arbitration Act. The arbitrator, and not any court, decides questions about the scope, enforceability and arbitrability of Disputes, except as provided in the class action waiver below.

Rules and costs. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. Hearings may take place by video, by phone, on written submissions, or in the county where you live. Payment of filing, administration and arbitrator fees will follow the AAA Consumer Rules. The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party's individual claim.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect intellectual property rights or prevent unauthorized access to or misuse of the Service.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND EVERWISE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND EVERWISE EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to any claim, that claim must be severed and decided in court, and the rest of this Section still applies to all other claims.

Mass filings. If 25 or more similar arbitration demands are filed against Everwise by or with the help of the same or coordinated counsel, the parties agree the AAA's mass-arbitration procedures and fee schedules apply, and claims may be resolved in staged batches, to the extent permitted by the AAA rules and applicable law.

30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to privacy@myeverwise.com within 30 days after you first accept these Terms. Your notice must include your name, the email address on your account, and a clear statement that you want to opt out of arbitration. Opting out doesn't affect any other part of these Terms.

Changes. If we change this Section after you accept it, you may reject the change by notifying us within 30 days of the change, in which case the prior version of this Section continues to apply to you.

27. Governing law and venue

These Terms and any Dispute are governed by the Federal Arbitration Act, applicable federal law and the laws of the State of Colorado, without regard to conflict-of-law principles. For any Dispute not subject to arbitration, you and Everwise agree to the exclusive jurisdiction of the state and federal courts located in [County to be confirmed], Colorado, except that you may bring a qualifying claim in small claims court where you live. [Governing law and venue to be confirmed with legal counsel.]

28. General terms

• Entire agreement: these Terms, together with the documents incorporated by reference, are the entire agreement between you and Everwise about the Service and supersede any prior agreements.
• Severability: if any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions stay in full effect.
• No waiver: our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: you may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, reorganization or sale of assets.
• No third-party beneficiaries: these Terms don't give any rights to anyone other than you and Everwise, except the Everwise Parties as stated in Sections 21, 23 and 24.
• Relationship: nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship.
• Headings are for convenience only. The words "including" and "include" mean "including without limitation".
• Notices: we may give you notice by email, in the app or by posting on the Service. You must send legal notices to the contact details below.
• Export and sanctions: you agree to comply with all applicable U.S. export control and economic sanctions laws.
• Your statutory rights: nothing in these Terms limits any right you have under consumer protection or other laws that cannot be waived or limited by contract. If you live in a jurisdiction that doesn't permit a provision, that provision applies only to the extent permitted.

29. Changes to these Terms

We may update these Terms from time to time. Each version shows its version number and last updated date. If we make material changes, we will notify you in the app or by email before they take effect and, where required, ask you to accept the updated Terms. If you don't agree to the changes, you must stop using the Service and may delete your account. Continued use after changes take effect means you accept them, to the extent permitted by law. Changes will not apply retroactively to Disputes already notified to us.

Contact us

Questions about these Terms? Contact Ebenezer Kyei Addei, an individual who operates Everwise ("Everwise", "we", "us") at privacy@myeverwise.com. [Business mailing address: to be published. Until then, please contact us by email.]