Terms of Use
Date Last Revised for Envelope Finance LLC: May 1st, 2024
1. GENERAL TERMS
These Terms of Use and Additional Terms and Conditions (“Agreement”) set forth the terms and conditions that apply to your access and use of the Envelope Finance service and EnvelopeFinance.com (“Envelope Finance Services”) as owned and operated by Envelope Finance LLC and its subsidiaries and/or affiliates. Except as otherwise specifically stated herein, Envelope Finance LLC is known as “Envelope Finance.” Envelope Finance Services is the "Services". For questions, please contact contact@envelopefinance.com. As used in this Agreement, the term "Sites" includes all Envelope Finance Services websites, pages that are associated or within each website and all devices, applications or services that Envelope Finance operates or offers. By accepting electronically (for example, sending an email to Envelope Finance stating “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and the Envelope Finance Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
2. Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by Envelope Finance of the Envelope Finance Services, you agree to be bound by this Agreement. The term “you” refers to a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “we” refers to Envelope Finance. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Envelope Finance.
3. Privacy and your Personal Information
You agree to the applicable Envelope Finance Privacy Policy, and any changes published by Envelope Finance. You agree that Envelope Finance may use and maintain your data according to the Envelope Finance Privacy Policy, as part of the Services. You give Envelope Finance permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Envelope Finance services. For example, this means that Envelope Finance may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Envelope Finance may access personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
4. Description of the Services
The Envelope Finance Service is a personal finance information management service that allows you to consolidate and track your financial information. The Envelope Finance Service normally costs $19.99 per month but is being provided to you by Envelope Finance without charge (it is free) for a limited time and is meant to provide you with your information to allow you to organize and manage your finances.
The Service may also provide you general tips, recommendations and educational material.
5. Account Information from Third Party Sites
Customers may direct Envelope Finance to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Envelope Finance works with one or more online service providers to access this Account Information. Envelope Finance does not review the Account Information for accuracy, legality or non-infringement. Envelope Finance is not responsible for the Account Information or products and services offered by or on third-party sites.
Envelope Finance cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Envelope Finance cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
6. Third-Party Products and Services
If asked, Envelope Finance may provide you with a list of products or services offered by third parties which may or not be helpful for you. Envelope Finance does not endorse, warrant or guarantee any third-party products or services. Envelope Finance is not an agent or broker or otherwise responsible for the activities or policies of any third-party products or services. Envelope Finance does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any third-party product or services are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Envelope Finance does not receive any compensation from third parties.
If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.
7. Your Registration Information and Electronic Communications
In order to allow you to use the Services, you will need to register for an account with Envelope Finance.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address or user ID, allows you to access to Envelope Finance (www.envelopefinance.com). That email address or user ID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Envelope Finance immediately at the email address - help@envelopefinance.com.
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.
8. Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Envelope Finance to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in the “link your accounts” setup form within EnvelopeFinance.com, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Envelope Finance, in its sole discretion, may elect to take. In no event will Envelope Finance be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Envelope Finance to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Envelope Finance may include new and/or updated features (“Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Preview features is voluntary and Envelope Finance is not obligated to provide you with any Preview features. Furthermore, if you decide to use the Preview features you agree to abide by any rules or restrictions Envelope Finance may place on them. You understand that once you use the Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Preview feature back to the earlier version. The Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Preview features is at your sole risk.
9. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. ENVELOPE FINANCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
10. Online and Mobile Alerts
Envelope Finance may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Envelope Finance may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Envelope Finance may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Envelope Finance shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
Because email alerts are not encrypted, we will never include your passcode. However, alerts may include some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
11. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Envelope Finance through the Services, you are licensing that content to Envelope Finance for the purpose of providing the Services. Envelope Finance may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to Envelope Finance for use for this purpose, without any obligation by Envelope Finance to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Envelope Finance to access your Account 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. Envelope Finance will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Envelope Finance to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Envelope Finance a limited power of attorney, and appoint Envelope Finance as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ENVELOPE FINANCE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, ENVELOPE FINANCE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Envelope Finance is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
12. Envelope Finance’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Envelope Finance or its software or content suppliers. Envelope Finance grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
13. Access and Interference
You agree that you will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
14. Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ENVELOPE FINANCE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER ENVELOPE FINANCE OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ENVELOPE FINANCE OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 16 OF THIS PROVISION MAY NOT APPLY TO YOU.
15. Not a Financial Planner, Broker or Tax Advisor
NEITHER ENVELOPE FINANCE NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ENVELOPE FINANCE IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
16. Limitations on Envelope Finance’s Liability
ENVELOPE FINANCE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF ENVELOPE FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ENVELOPE FINANCE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $10.00 (TEN UNITED STATES DOLLARS).
17. Your Indemnification of Envelope Finance
You shall defend, indemnify and hold harmless Envelope Finance and its officers, managers, members, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
18. Ending your relationship with Envelope Finance
This Agreement will continue to apply until terminated by either you or Envelope Finance (or any Envelope Finance affiliate/subsidiary) as set out below. If you want to terminate this legal agreement for the Services, you may do so as follows. Send an email to support@envelopefinance.com with the subject line “CLOSE MY ACCOUNT”.
Envelope Finance may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Envelope Finance in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Envelope Finance may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Envelope Finance shall not be liable to you or any third party for any termination of your access to the Services.
19. Modifications
Envelope Finance reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Envelope Finance reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user of the Envelope Finance Services, Envelope Finance will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Envelope Finance shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Envelope Finance may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
20. Governing Law and Forum for Disputes
California state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND ENVELOPE FINANCE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Envelope Finance LLC, 201 Spear St., 6th Floor, San Francisco, CA 94105. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 20 shall survive expiration, termination or rescission of this Agreement.