Terms of Use

Date Last Revised: July 15, 2017

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.pefin.com ("Pefin.com"), as owned and operated by or on behalf of Pefin, Inc. (“Pefin”), a Delaware corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates, including Pefin Advisors, LLC, a Delaware, LLC (collectively referred to as “Pefin”). By using Pefin you agree to be bound by the Terms and Conditions of this Agreement, Pefin’s Non-Disclosure Agreement and Pefin’s Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below).

You agree that you are visiting this site in a personal capacity. You agree that you are not visiting the site on behalf of any corporation, investment firm or in order to copy or replicate the services provided by Pefin. If you are visiting the site, outside of the agreed upon roles, you are explicitly denied use of the site or any information on the site unless you have signed an Institutional Non-Discloser Agreementwith Pefin, Inc. or have explicitly been provided authorization by the management of Pefin, Inc. to access this site. To request Institutional access, please contact us at partners@pefin.com.

1. Accepting the Terms

By using the information, tools, software, features and functionality including content, updates and new releases provided by Pefin located on Pefin.com (“Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Pefin.com website) or you are a “Member” (which means that you have registered with the Pefin Service or have a paid subscription to services offered by Pefin). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Pefin. If you wish to become a Member, communicate with other Members and make use of the Services offered by Pefin, you must read this Agreement and indicate your acceptance during the Registration process. We are not responsible for any legal liability or damages, based on any use of Pefin, irrespective of whether you are a Visitor or a Member.

You may not use the Service, or be a Visitor or Member, and you may not accept this Agreement if you are not of a legal age or otherwise unable to form a binding contract.

You acknowledge that you may be asked to provide your Electronic Signature to complete certain Agreements, including those that may be provided by Pefin, Inc., its affiliates, subsidiaries, or third-party service providers. You understand that Pefin, Inc., its affiliates, subsidiaries and third-party affiliates will be relying on this Electronic signature when provided, and that it constitutes a legally binding signature which is in no manner distinguishable from a physical signature.

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. Before you continue, you should print or save a local copy of this Agreement for your records.

If you are a Visitor or Member, you certify that you are doing so in a personal and/or individual capacity, and not on behalf of an institution or corporation, especially a financial institution or Fintech company or professional investor or competitor. Any use of the service as a Member and/or agreement of this Terms of Use Agreement also means that you agree to the Non-Disclosure Agreement on behalf of yourself or on behalf of the corporation or institution you represent as part of agreeing to the Terms of Use. All information shown to a Member, during the use of the service, constitutes confidential information of our methodologies as mentioned in the Non-Disclosure Agreement. If you access this service on behalf of an institution or corporation, you are specifically denied permission for evaluating our service, to replicate, copy, re-engineer or understand the service. Any such replication or copy or re-engineering of our service, will automatically become the property of Pefin.

2. Privacy and your Personal Information

For information about Pefin’s data protection practices, please read Pefin's Privacy Policy, which is hereby incorporated by reference into this Agreement. This policy explains how Pefin treats your personal information when you access Pefin and use the Service. The policy may be updated from time to time at our sole discretion without notice to Members or Visitors. Changes will be effective upon posting to the site.

3. Account Information from Third Party Sites

With the Service, Members may direct Pefin to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Pefin works with one or more online financial service providers under contract to access this Account Information, either directly or through an Aggregation Provider. Currently MX Technologies, Inc. has been chosen as an aggregation service provider, but this may change over time. Pefin makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Pefin is not responsible for the products and services offered by or on third-party sites.

Pefin 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. Pefin is not responsible or the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, 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. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions. The Member is responsible for the accuracy of the data, that the Member has authorized Pefin to obtain from their financial institution, directly or via Third Party services, hired by Pefin. The Member indemnifies Pefin from any liability due to incorrect Financial Advice provided, as a result of inaccurate data provided by any Third-Party Data providers.

4. Pefin Recommendations and Third-Party Links

Some parts of the Service may be supported by sponsored links from advertisers and display Pefin Recommendations that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular Pefin Recommendation is sponsored.

In connection with Pefin Recommendations, the Service may provide links to other web sites belonging to Pefin advertisers and other third parties. Pefin does not endorse, warrant or guarantee the products or services available through the Pefin Recommendations (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Pefin is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Pefin does not guarantee that the loan, investment, plan or other service terms, rates or rewards recommended by any particular advertiser or other third party on Pefin are actually the terms that may be offered to you if you pursue the recommendation or that they are the best terms or lowest rates available in the market.

5. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID and e-mail address, allows you to access the Service. That LoginID and password, together with any mobile number or other contact information you provide form your "Registration Information."

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that 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.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Pefin immediately.

6. Your Use of the Service

Your right to access and use Pefin.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Pefin for lawful purposes for your personal finances and personal use.

You cannot provide information gleaned from such personal use to any entity or corporation as per the terms of the Non-Disclosure Agreement that you agree to as a pre-condition to using the service.

Accurate records enable Pefin to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of Pefin.com 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 Pefin.com or other actions that Pefin, in its sole discretion, may elect to take.

From time to time, Pefin may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Pefin is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Pefin may place on them. You understand that once you use the Sneak 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 Sneak Preview feature back to the earlier version. The Sneak 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 Sneak Preview features is at your sole risk.

You agree that Pefin may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Pefin a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Pefin in any way. Pefin will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

The information and recommendations provided to you could be wrong for a variety of reasons that are beyond our control. They include:

  1. inaccuracies in the data you provide us or obtained from other third-party sources,
  2. inaccurate processing or calculations, or system misconfiguration issues as a result of this inaccurate data.

You also understand that financial markets and personal circumstances can evolve in ways that cannot be modeled completely. You understand that AI based systems have natural limitations and may not be able to model all the complexities in your personal life and in the financial markets, and your choice of selecting us as your Financial Advisor is despite these limitations. In Pefin’s opinion, this would be no different than selecting a human advisor, who despite their best intentions, also cannot model all of the complexities of the financial markets and your personal circumstances.

You agree that the use of Pefin is purely based on your understanding that it is sufficiently accurate for your needs, and you have compared the costs and benefits of using this service versus the risks of the errors that may result from the use of this service, just like you would in selecting any other financial advisor. Pefin warrants that it provides this service, and its model with the objective of meeting everyone’s best financial interests on a personal basis. While the service is personalized for each client, Pefin has no way of determining if its services and advice offered are sufficiently personalized for you and it is solely for you to decide if Pefin is right for you. Pefin may not have the complexity to completely model and personalize your specific financial situation, and it may be appropriate for you to seek alternative advice, if you think that your financial situation is too complex for Pefin to handle.

Financial advice does not guarantee risk of loss on your investments or that your financial life will be fine.

You agree to indemnify Pefin for the ability to model outcomes that could not have been predicted by the AI Financial Advisor similar to the ability for a human advisor to predict and model extreme outcomes that may result in financial loss to you.

7. Use With Your Mobile Device

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. PEFIN 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.

8. Online and Mobile Alerts

Pefin may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your Pefin account, such as a change in your Registration Information, or any other matter, at Pefin’s sole discretion.

Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Pefin 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.

Some electronic alerts may also be sent to the email address you have provided as your primary email address for Pefin. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Pefin 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 will be able to view the content of these alerts. At any time, you may disable future alerts.

9. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Pefin through the Service, you are licensing that content to Pefin solely for the purpose of providing the Service. By submitting this content to Pefin, you represent that you are entitled to submit it to Pefin for use for this purpose, without any obligation by Pefin to pay any fees or other limitations.

As described in Section 4 of these Terms of Use, Pefin uses a third party aggregation service to collect information from your Financial Institution to be able to provide you with a Financial Plan. We do this via an API connect to MX Technologies, Inc. By agreeing to this Service, you authorize and permit Pefin to use this information from your Financial Institutions. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Pefin a limited power of attorney, and appoint Pefin 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 PEFIN IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, SUCH AS MX TECHNOLOGIES, INC, PEFIN IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

10. Pefin’s Intellectual Property Rights

The contents of Pefin, 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 Pefin belong or are licensed to Pefin or its software or content suppliers. Pefin grants you the right to view and use Pefin subject to these terms. You may download or print a copy of information provided on Pefin for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Pefin in whole or in part for any other purpose is expressly prohibited without our prior written consent.

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 Pefin or any portion of Pefin, without Pefin’s express written consent, which may be withheld in Pefin’s sole discretion;
  • 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 Pefin, 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 Pefin or the Service; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Pefin or the Service.

12. Rules for Posting

As part of the Service, Pefin may allow Members to post content on bulletin boards, blogs and at various other publicly available locations on Pefin. These forums may be hosted by Pefin or by one of our third-party service providers on Pefin’s behalf. You agree in posting content to follow certain rules.

  • You are responsible for all content you submit to Pefin.
  • By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-license which is a transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Pefin 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 Pefin, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Pefin and under this Agreement.
  • You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, 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.
  • You may not 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.
  • You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Pefin, 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.
  • 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 (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Pefin that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • 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.
  • You agree that we may use any 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, sub-license which is, a non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  • You acknowledge that Pefin may use a third-party service provider, to help us provide, host and operate the "Get Help" area of the Service. You agree that if you choose to participate in, or post content to, the "Get Help" area of the Service such as by posting a new topic, following a topic or replying to an existing topic, then you agree to also comply the third party’s Terms of Use, in addition to the terms of this Agreement.

13. Social Media Sites

Pefin may provide you with the ability to share experiences on social media platforms such as Facebook®, Twitter® and LinkedIn®, or others, that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

14. Disclaimer of Representations and Warranties

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT, AS WELL AS ANY FINANCIAL DECISIONS YOU TAKE OR DO NOT TAKE AFTER USING THIS SERVICE IS ENTIRELY YOUR DECISION. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH PEFIN OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PEFIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF PEFIN.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PEFIN MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON PEFIN.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PEFIN MAKES NO 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.

PEFIN USES ASSUMPTIONS ON MARKET PRICES AND RISK FACTORS, DEMOGRAPHIC ASSUMPTIONS, COST AND INFLATION ASSUMPTIONS FROM A VARIETY OF SOURCES TO PROVIDE ITS SERVICES. PLEASE NOTE THAT THESE ASSUMPTIONS ARE REASONABLE AND MADE AT THE INDIVIDUAL DISCRETION OF PEFIN. PEFIN PERIODICALLY UPDATES AND RECALIBRATES THE INFORMATION INITS AI ALGORITHMS, SUCH UPDATES MAY NOT BE SUFFICIENTLY TIMELY OR ACCURATE. WHILE PEFINSEEKS TO PROVIDE SUFFICIENT PARAMETERS FOR YOUR FINANCIAL DECISIONS, IT MAY NOT BE ABLE TO COMPLETELY MODEL YOUR PERSONAL SITUATION DUE TO SPECIFIC CONDITIONS IN YOUR LIFE. IT MAY ALSO USE SIMPLIFICATIONS TO COMPLEX MODELS, TO ENSURE EASE OF USE WITHOUT AFFECTING THE ADVICE PROVIDED MATERIALLY.

DESPITE EVERY ATTEMPT AT ACCURACY PEFINS MODELS MAY BE INNACCURATE, ERROR PRONE, BIASED, AND PROVIDE INNACURATE RESULTS OF THE PAST, PRESENT AND FUTURE ESPECIALLY UNDER EXTREME MARKET, AND UNDETERMINED PERSONAL, CIRCUMSTANCES WHICH CANNOT BE MODELED BY PEFIN’S AI ALGORITHMS. USING THIS INFORMATION, IN THE INCORRECT FASHION UNDER THESE CONDITIONS MAY RESULT IN DAMAGE TO YOUR FINANCES, AND YOU UNDERSTAND THAT THIS IS HOW PEFIN WORKS. YOU ARE RESPONSIBILE FOR ANY DECISIONS YOU TAKE IN USING THE INFORMATION OR USING SETTINGS AND ALGORITHMS WHICH DIRECTLY OR IN CONJUCTION WITH MARKET FACTORS AND DATA ERRORS MAY CAUSE YOU FINANCIAL LOSS OR THE INABILITY TO MEET YOUR FINANCIAL GOALS. PEFIN DOES NOT GUARANTEE THAT USING PEFIN.COM OR THE SERVICES WILL IMPROVE YOUR FINANCIAL SITUATION OR GIVE YOU THE ABILITY TO MEET YOUR FINANCIAL GOALS, ESPECIALLY IF YOU DO NOT FOLLOW ALL THE ADVICE PROVIDED BY PEFIN .

15. Advisory Limitations of Pefin

NEITHER PEFIN NOR THE SERVICE IS INTENDED TO PROVIDE THE COMPLETE RANGE OF LEGAL, TAX OR FINANCIAL ADVICE THAT MAY BE REQUIRED BY ITS OR USERS. JUST LIKE YOU EVALUATE WHETHER A HUMAN FINANCIAL ADVISOR IS RIGHT FOR YOU, IT IS UP TO YOU TO DECIDE IF THE ADVICE PEFIN PROVIDES IS SUFFICIENT FOR YOUR NEEDS. PEFIN IS AN AI FINANCIAL ADVISOR AND WILL ACT AS A FIDUCIARY. ANY USE OF IT IS SOLELY AT THE DISCRETION OF THE MEMBER. WE DO NOT BEAR ANY RESPONSIBILTIES FOR INNACCURATE ADVISE PROVIDED BY THE SERVICE, IF THAT ADVICE IS AS A RESULT OF INNACCURATE OR INCOMPLETE DATA OR CIRCUMSTANCES THAT ARE TOO COMPLEX TO BE HANDLED BY PEFIN. The Service is 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.

16. Alert Disclaimer

You understand and agree that any alerts (also known as notifications or trackers) provided to you through the Service may be delayed or prevented by a variety of factors. Pefin does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Pefin 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. We are not responsible for any alerts for which delivery failed.

17. Limitations on Pefin’s Liability

PEFIN 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, CLASS – ACTION LAWSUIT, 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 PEFIN.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF PEFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PEFIN’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF $100.00 (ONE HUNDRED UNITED STATES DOLLARS) OR THE LAST THREE MONTHS OF TOTAL SERVICE FEES PAID BY THE MEMBER.

18. Your Indemnification of Pefin

You shall defend, indemnify and hold harmless Pefin and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

19. Ending your relationship with Pefin

This Agreement will continue to apply until terminated by either you or Pefin as set out below. If you want to terminate your legal agreement with Pefin, you may do so by closing your account for the Service. Your Pefin account data will be removed as explained in our Privacy Policy. We may however maintain records to ensure that you have been compliant with our NDA and have accessed the account for personal use only and or any information that needs to be stored for regulatory purposes.

Pefin may at any time, terminate its legal agreement with you:

  • 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);
  • if Pefin 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); or
  • immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

20. Modifications

Pefin may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Pefin site. 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.

21. Governing Law and Forum for Disputes

This Agreement, and your relationship with Pefin under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of law’s provisions. Any dispute with Pefin, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of New York within the county of Manhattan, New York, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Pefin may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Pefin is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Pefin, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

22. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Pefin does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Pefin has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pefin’s rights and that those rights or remedies will still be available to Pefin.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Pefin regarding the subject matter of the same, and supersedes all other previous agreements.

23. REGISTERED INVESTMENT ADVISOR SERVICES by Pefin Advisors, LLC

If in the future, you open a client investment account or retirement investment account with Pefin Advisors, LLC, we will be providing you AI based portfolio management services in addition to AI based Financial Advice. Any investment recommendations, are subject to the rules and regulations of the SEC, State Securities Regulators (if applicable), and the Department of Labor (Fiduciary rule for retirement accounts only). You will sign a separate investment agreement when you open these accounts. The investment agreement will ensure that Pefin Advisors, LLC fulfills all its obligations under the law, and applicable regulations, and will be acting as a fiduciary in providing you this investment advice.

24. Apple Requirements

If you downloaded the Service or product from the Mac App Store, the following terms also apply to you:

  1. Acknowledgement: You acknowledge that this Agreement is between you and Pefin only, and not with Apple. You further acknowledge that Pefin, not Apple, is solely responsible for the Software and the content thereof.
  2. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
  3. Maintenance and Support: Pefin, and not Apple, is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  4. Warranty: Pefin is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Pefin’s sole responsibility.
  5. Product Claims: Pefin, not Apple, is responsible for addressing any user or third-party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Pefin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Contact Info: Direct any questions, complaints or claims to: https://www.Pefin.com/help/
  9. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Software.
  10. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.