Terms & Conditions

Thank you for selecting the services (the “Services”) offered and provided by myFinTect™, LLC (DBA My Financial Architect) and its affiliates (referred to as “myFinTect”,“we”, “our”, or “us”) on our website and via our related applications. This document consists of two parts: (1) the Terms of Use set forth herein for myFinTect’s applications and web sites and (2) a Privacy and Personal Information Security Policy that describes what information we collect from our users and how we may use it. Please thoroughly review both parts, which together, along with any terms provided separately to you for the Services (i.e. web or email product or program terms, ordering, activation, pricing and payment terms, etc.), constitute a binding agreement between you and us (collectively, this “Agreement”). By signing up for our service and/or accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, then you must refrain from using our Services, our website, and our related applications.

Last Updated February 18, 2020

Scope

The Services consist of basic financial coaching and learning tools that helps use revaluate financial choices, learn the fundamentals of personal finance, and improve their financial well-being.

Not A Certified Financial Planner, Advisor, Broker Or Tax Advisor

Neither myFinTect nor the services we offer is intended to provide legal, tax, or financial advice. myFinTect is not a certified financial planner, advisor, broker, or tax advisor. The 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 circumstances.

The information on this site is provided “AS IS” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable laws, myFinTect™, LLC (DBA My Financial Architect), disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and suitability for a particular purpose. myFinTect™, LLC (DBA My Financial Architect) does not warrant that the information will be free from error. myFinTect™, LLC (DBA My Financial Architect) is not a registered investment advisor. None of the information provided on this website is intended as an offer or solicitation of an offer to buy or sell, or as an endorsement of any company, security, fund, or other securities or non-securities offering. 

The information should not be relied upon for purposes of transacting securities or other investments. Your use of the information is at your sole risk. Under no circumstances shall myFinTect™,LLC (DBA My Financial Architect) be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if myFinTect™, LLC (DBA My Financial Architect) or a myFinTect™, LLC (DBA My Financial Architect) authorized representative has been advised of the possibility of such damages.

Your Rights To UseThe Services And Restrictions

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 myFinTect 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 meet any applicable payment obligations and comply with this Agreement, myFinTect grants to you a personal, limited, non-exclusive, non-transferable 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 myFinTect 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 this Agreement 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, myFinTect, or others.

You agree not to use the Services or content from these Services in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by myFinTect in writing, you agree you will not:

1.   Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Services, without myFinTect’s express written consent, which may be withheld in myFinTect’s sole discretion;

2.   Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Mozilla Firefox, Microsoft Internet Explorer, or Google Chrome);

3.   Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or

4.   Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;

5.   Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services;

6.   Attempt to access any other myFinTect systems that are not part of these Services;

7.   Excessively overload the myFinTect systems used to provide the Services;

The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Services may be terminated by myFinTect in its sole discretion.

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.

Your Content

When you use the Services, you create a personal profile and manually enter information, including, without limitation, your financial information (budget, expenses, income, etc.). You warrant and represent that you own or otherwise control the rights to all of this information provided to myFinTect through your use of the Services (the “Content”). You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You agree that you will not use the Services to share, store, or in any way distribute Content that is not in accordance with the law. Any users suspected of having or using any information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. myFinTect is not responsible for the Content or data you submit on the website.

myFinTect may freely use feedback you provide. You agree that myFinTect may use your feedback, suggestions, or ideas in any way, including, without limitation, future modifications of the Services, other products or services, advertising or marketing materials. You grant myFinTect an unrestricted, perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty-free license to use the feedback you provide to myFinTect.

Use and Validity of Email Notices; Email Account

By providing your e-mail address to myFinTect, you agree that myFinTect may provide, and that you will accept and receive, all required notices from use electronically, to that e-mail address or such other e-mail address as you designate. If you wish to receive notices at another email address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences.

Required and other notices and communications from us will be provided in HTML (or, if your system does not support HTML, in plain-text) format either in the text of the applicable e-mail or through an embedded link to the appropriate page on our website, which should be accessible through any standard, commercially available internet browser.

Notwithstanding the foregoing, myFinTect may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate.

Any legal notices by you to myFinTect relating to this Agreement should be sent by you to myFinTect by e-mail to the following address: hello@myfintect.com.

myFinTect And Third-Party Products And Services

We may offer to you other services, features, products, applications, online communities, or promotions provided by myFinTect. If you decide to use any of these other services, additional terms and conditions and separate fees may apply.

myFinTect may provide links to third-party websites providing services that we believe may be of interest to myFinTect users. If you decide to use any third-party products or access any third party websites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.

myFinTect does not endorse, warrant or guarantee the products or services available through any such offers, and myFinTect is not an agent or broker or otherwise responsible for the activities or policies of those web sites. myFinTect does not guarantee that the third-party offer information displayed through theServices are actually the terms that may be offered to you if you pursue the offer or that they are the best terms, lowest rates available in the market, or otherwise suitable for you. You must complete your own review and due diligence of any third-party offers, products or services, and myFinTect disclaims any express or implied obligation to do so.

Payments and Billing:

For Services offered on a payment or subscription basis, the following terms apply, unless myFinTect notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on any website for the Services.

You must pay with one of the following:

1.   A valid credit or debit card acceptable to myFinTect; or

2.   By any other payment option made available by myFinTect.

If your payment and registration information is not accurate, current, and complete and/or you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

myFinTect will automatically renew your subscription at current rates at the time of renewal and for the term of your most recent subscription, unless the Services are canceled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.

Prices for the services offered by myFinTect™, LLC (DBA My Financial Architect), can be found under the "membership" section of www.myfintect.com.

Refund Policy: any of the memberships you enroll in will have a level of personalization, since you'll be working directly with one of our financial architects, one-on-one. We take the time to get to know you and deliver proposals/recommendations that makes sense for you and your financial goals, but we do not do the work for you. It is ultimately the member's responsibility to follow through on all / any action items, to see results.

30-day Quit Free Guarantee:

If you are not 100% satisfied after 30 days of signing up for any of our memberships, we will refund your initial monthly dues in full.

Cancel Anytime:

Monthly memberships get renewed automatically on the day you sign up for the membership and make your first monthly payment. Memberships can be canceled any time and refunds will be processed based on cancellation dates. For example, if you cancel your membership after a month's due date, you will be refunded based on the days of service you used in that month and what remains.

If you wish to cancel your plan at any time, you must do so by submitting in writing to hello@myfintect.com - with the reason for your cancelation.

Disclaimer Of Warranties and Limitation Of Liability

DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, AND YOUR CONTENT, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUR WEBSITE, AND OUR APPLICATIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. MYFINTECT, FOR ITSELF, AND FOR ITS AFFILIATES, ITS PARTNERS AND ALL THIRD-PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”), DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY REGARDING: THE SERVICES, OUR WEBSITE, AND/OR OUR APPLICATIONS BEING FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OFTHE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TOTHE SERVICES, OUR WEBSITE AND/OR OUR APPLICATIONS. MYFINTECT AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, AND/OR YOUR CONTENT ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE ABOVE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

MYFINTECT AND ITS AFFILIATES, PARTNERS AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, AND/OR YOUR CONTENT WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS, EACH AS AMENDED AND IN EFFECT FROM TIME TO TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, AND YOUR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MYFINTECT, AND ITS AFFILIATES, PARTNERS AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO MYFINTECT FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM, OR $100.

MYFINTECT AND ITS AFFILIATES, PARTNERS AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY AND ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION,SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MYFINTECT SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MYFINTECT AND ITS AFFILIATES, PARTNERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MYFINTECT AND ITS AFFILIATES, PARTNERS AND SUPPLIERS, AS WELL AS YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE SERVICES, OUR WEBSITE, OUR APPLICATIONS, YOUR CONTENT, AND THE USE BY YOU OFTHE FORGOING, AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO MYFINTECT TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY MYFINTECT.

Indemnification

You agree to indemnify, defend, and hold harmless myFinTect and its affiliates, partners and suppliers from and against any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out or in anyway related to your use of the Services, our website, our applications, and/or your breach of this Agreement (collectively referred to as “Claims”). myFinTect reserves the right, in its sole discretion, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by myFinTect in the defense of any Claims.

Changes To This Agreement Or The Services

We may change this Agreement from time to time, and the changes will be effective when posted on myFinTect website for the Services, through myFinTect’s account notification procedures or when we notify you by other means. Please review this Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after myFinTect posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.

Termination

myFinTect may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with this Agreement. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect myFinTect’s rights to any payments due to it. Our Privacy and Personal Information Security Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Not a Financial Planner, Broker or Tax Advisor; Your Content; Payment (i.e. until all payments have been made in full for Services provided); Disclaimer Of Warranties and Limitation Of Liability; Indemnification; Termination; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.

You may cancel your membership or any part of the Services at any time by sending an email to hello@myfintect.com; provided that myFinTect will not refund any pre-paid fees upon such termination or cancellation. myFinTect reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).

Upon termination of your account for any reason, myFinTect reserves the right to (a)collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your information in connection with your account; (c) prohibit your access to your account; and (d) refuse your future access to the Services.

Copyright And Trademark Notices

All materials of the Services (as well as the organization and layout of the Services), our website, and our application, are owned and copyrighted or licensed by myFinTect, its affiliates, its partners and/or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Services, which includes the myFinTect website (and any successor websites or additional websites or any co-branded websites) and our applications, is permitted without the written permission of myFinTect. Any rights not expressly granted herein are reserved. myFinTect, the myFinTect logo, other myFinTect logos and product and service names are trademarks of myFinTect, Inc. (the “myFinTect Marks”). You agree not to display or use the myFinTect Marks in any manner whatsoever without myFinTect’s prior permission.

The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to third-parties. myFinTect does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. myFinTect disclaims any rights to any third-party trademarks, service marks or other intellectual property that may be viewed on our websites or through the Services.

Governing Law And Jurisdiction

The internal, substantive laws of the State of Florida govern this Agreement without regard to its conflicts of laws provisions. As a material inducement to myFinTect to enter into this Agreement and provide you access to the Services and other offerings provided by us at such low-price points, you agree that to resolve any legal dispute arising from this Agreement, you and myFinTect agree to the exclusive jurisdiction of state or federal courts located in Miami, Florida. myFinTect does not represent that information on our website and provided through our applications is appropriate or available for use in all countries. myFinTect prohibits accessing materials from countries or states where such access is illegal. You are accessing this website and through our applications on your own initiative and you are responsible for compliance with all applicable laws.

General

You represent and warrant that you are at least 18 years of age. This Agreement is the entire agreement and understanding between you and myFinTect and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter. If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. myFinTect’s right and remedies under this Agreement are intended to be cumulative and any failure by myFinTect to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which myFinTect is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of myFinTect’s rights or remedies, all of which will still be and remain available to myFinTect. By signing this agreement, you also agree to receive e-mail communication from myFinTect unless you respond that you would like for your address to be removed from this list.

Working with us: by using the Service, you represent and warrant that:

  • You must be at least eighteen (18) years of age to use the Service.
  • You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  • You are appointing myFinTect™, LLC (DBA My Financial Architect) as your financial coach.
  • The terms of the Agreement do not violate any obligation by which you are bound, whether arising by contract, operation of law, or otherwise.
  • You consent to receive various communications via email or other electronic delivery method.
  • If you are using the Service on behalf of yourself and your spouse or significant other, whether or not you are married (the “Significant Other”), you represent and warrant that both you and your Significant Other agree to the terms of the Agreement.

We reserve the right to modify or terminate the your membership(s) for any reason, without notice at any time.