Date Last Revised: [May 31, 2016]
As used in this Agreement, the term “Sites” includes all creditmavin.com websites, pages that are associated or within each website and all devices, mobile applications or services that Neversitup operates or offers that is linked to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement and Neversitup Privacy Statement, as they may be amended from time to time in the future. If you do not agree to this Agreement, then you may not use the Service.
1. Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by Neversitup on the Sites or installing, accessing or using any of the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you browse the creditmavin.com website) or a “Member” (which means that you have downloaded and registered with the mobile App). The term “you” or “User” refers to a Visitor or Member. The term “we” refers to Neversitup.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. Privacy and your Personal Information
You agree to the terms of the applicable Neversitup Privacy Statement, and any changes which may be published by Neversitup in the future. You agree that Neversitup may use and maintain your data according to the Neversitup Privacy Statement, as part of the Service.
3. Description of the Service
The Service is a personal finance information management service that allows you to consolidate and track your financial information, including information about your credit card transactions. The Service may also present you information or offers relating to third party products or services (“Offers”), as well as provide you with general tips and recommendations.
In order to allow you to use the Service, you will need to sign up for an account with Neversitup. In this regard, you authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Neversitup cannot verify your identity, we may refuse to allow you to use the Service. You understand and agree that you are responsible for maintaining the confidentiality of your LoginID and password.
By providing us with your e-mail address, you agree to receive all required notices electronically, through the Service by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorized use of your Registration or Account Information for the Service or believe that your Registration or Account Information has been stolen, you agree to notify Neversitup immediately at the email address firstname.lastname@example.org
5. Information from Third Party Sites
As part of the Service, you may direct Neversitup to retrieve your information maintained online by third-parties with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Neversitup works with one or more online service providers to access this Account Information. Neversitup makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
Neversitup cannot always foresee or anticipate technical errors or other difficulties which may result in failure or delay to obtain data or loss of data, personalization settings or other service interruptions. Neversitup cannot assume responsibility for the accuracy, timeliness, deletion, non-delivery or failure to store any user data, personalization settings or communications.
Neversitup is not responsible for the products and services offered by or on third-party sites.
6. Offers and Third-Party Links
Some parts of the Service may be supported by links from advertisers and display Offers that may be custom matched to you based on information stored in the Service or other information.
In connection with the Offers, the Service will provide links to other websites belonging to other third parties. Neversitup does not endorse, warrant or guarantee the products or services available through the Offers (or any other third-party products or services advertised on or linked from the Sites), and Neversitup is not an agent or broker or otherwise responsible for the activities or policies of those websites. Neversitup does not guarantee that the loan, investment, plan or other service terms, interest rates or rewards offered by any particular advertiser or other third party on the Sites are the best terms or lowest rates available in the market or are actually the terms that may be offered to you if you pursue the Offer.
7. Your Use of the Service
Your right to access and use the Sites and the Service is personal to you and is not transferable by you to any other person or entity. You agree to only access and use the Sites and Service for lawful purposes. You agree to provide true, accurate, current and complete information about yourself as well as your accounts maintained at other websites. In order for the Service to function effectively, you must also keep your Registration and Account Information up to date and accurate. 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 Service.
Your access and use of the Sites and the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of telecommunications network or equipment, periodic updating, maintenance or repair of the Sites or the Service or other actions that Neversitup, in its sole discretion, may elect to take. In no event will Neversitup be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime or any other disruption outside our control. Your sole and exclusive remedy for any failure or non-performance of the Service, including any associated software or other materials supplied in connection with such Service, shall be for Neversitup to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
8. Online and Mobile Alerts
Neversitup 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.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. Neversitup may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Neversitup 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. Neversitup 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 you have provided as your primary email address for the Service or in case of alerts relating to the mobile App, directly to your mobile device. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and 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 or mobile device may be able to view the content of these alerts.
9. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Neversitup through the Service, you are licensing that content to Neversitup and its service providers for the purpose of providing the Service. Neversitup may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Neversitup for use for this purpose, without any obligation by Neversitup to pay any fees or be subject to any restrictions or limitations.
By using the Service, you expressly authorize Neversitup to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “add accounts” feature of the Service to add an account or credit card, you will be directly connected to the website for the third party you have identified. Neversitup will submit information including usernames and passwords that you provide to log into the third party sites. You hereby authorize and permit Neversitup to use and store information submitted by you to accomplish the foregoing and to configure the Service 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 Service, you grant Neversitup a limited power of attorney, and appoint Neversitup, whether by itself or through its service providers, 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 NEVERSITUP IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, NEVERSITUP IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. Neversitup is not responsible for any fees or other Service-related issues, including those issues that may arise from inaccurate account information.
10. Neversitup’s Intellectual Property Rights
The contents of the Sites and Service, including its text, graphics, images, logos, button icons, photographs, editorial content, notices, software, computer programs and other material are protected under applicable copyright, trademark and other laws. The contents of the Sites and Service belong or are licensed to Neversitup or its software or content suppliers. Neversitup grants you the right to view and use the Service subject to these terms. Any reprint, electronic reproduction or distribution of any content from the Service 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 Service or content in a manner that violates any applicable law, regulation or this Agreement.
11. Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service;Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;
orAttempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
12. Social media sites
13. Rules for Posting
As part of the Service, Neversitup may allow you to post content on bulletin boards and at various other publicly available locations on the Sites. These forums may be hosted by Neversitup or by one of our third party service providers on Neversitup’s behalf. You agree to follow certain rules when posting content.
You are responsible for all content you submit, upload, post or store through the Service.
You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Service. You grant Neversitup a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Service. You are responsible for any lost or unrecoverable Content. Neversitup is not responsible for the Content or data you submit through the Service. You must provide all required and appropriate warnings, information and disclosures. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under this Agreement.
You agree not to use, nor permit any third party to use, the Service to a) post or transmit any content, message, data, image or program that is indecent, obscene, pornographic, threatening, harassing, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; b) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas that are designated for such purpose (if any).
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
The Service may include a community forum or other social features to exchange information with other users of the Service and the public. Neversitup does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users and do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Neversitup is not responsible.
14. Disclaimer of Representations and Warranties
THE SITES, SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITES AND THE SERVICE OR PROVIDED THROUGH THE SITES AND THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NEVERSITUP, 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 SITES OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
NEITHER NEVERSITUP OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE APPROPRIATENESS, ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS OR TIMELINESS OF THE CONTENT ON THE SITES OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER NEVERSITUP OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE 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, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. NEITHER NEVERSITUP OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITES OR THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Use of these Service 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. NEVERSITUP 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 SERVICE 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 SERVICE.
15. Not a Financial Planner, Broker or Tax Advisor
NEITHER NEVERSITUP NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. NEVERSITUP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making. 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 Neversitup’s Liability
NEVERSITUP 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, EVEN IF NEVERSITUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN WHOLE OR IN PART FROM: (i) YOUR ACCESS TO THE SITES, YOUR USE OF OR INABILITY TO USE THE SERVICE, THE SITES OR THIS AGREEMENT; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; (iv) STATEMENTS OR CONDUCT OF ANYONE USING THE PUBLIC FORUM PROVIDED IN RELATION TO THE SERVICE; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEVERSITUP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $300.00 (THREE HUNDRED UNITED STATES DOLLARS).
17. Your Indemnification of Neversitup
You shall defend, indemnify and hold harmless Neversitup and its officers, directors, shareholders, employees, agents and service providers, 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 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 Service or any breach of intellectual property right.
18. Ending your relationship with Neversitup
This Agreement will continue to apply until terminated by either you or Neversitup as set out below. If you want to terminate your legal agreement with Neversitup, please contact us at email@example.com
Neversitup may at any time, terminate its legal agreement with you and access to the Service:
a. if you have breached any provision of this Agreement or the Privacy Statement (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 or the Privacy Statement); b. if Neversitup in its sole discretion believes it is required to do so by law; 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 Neversitup 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 Service by you. Further, you agree that Neversitup shall not be liable to you or any third party for any termination of your access to the Service.
Neversitup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Service with or without notice. Neversitup reserves the right to change the Service, including applicable fees, in our sole discretion and from time to time by providing a notice to you. If you do not agree to the changes after receiving a notice of the change to the Service, you may stop using the Service. Your use of the Service, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Neversitup shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Service.
Neversitup may modify this Agreement and the Privacy Statement from time to time. Any and all changes to this Agreement and the Privacy Statement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites or the mobile App). 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 Service after those changes are posted.
20. Governing Law
Thai law governs this Agreement without regard to its conflicts of laws provisions.
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. 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.