Effective Date: December 4, 2018
Qapital, Inc. is a Delaware corporation (“Qapital, Inc.”) and Qapital Invest, LLC is a Delaware limited liability company (“Qapital Invest”), with offices at 245 Fifth Ave, 16th Floor, New York, New York 10016 (referred to collectively herein as “Qapital,” “We,” “Us,” or “Our”). By using or downloading our mobile application (the “Qapital Mobile App”) or accessing or using our website at www.qapital.com and its subdomains (“Website”), which provide, among other things, financial information to assist users in managing their finances and encouraging savings, through savings goals, savings rules, aggregation of financial data, a wallet view of income, expense and savings, social goal sharing as well as investment accounts through Qapital Invest (collectively, the “Qapital Platform”) and related services and accounts (“Services”), you indicate your unconditional acceptance of the following Terms and Conditions on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND QAPITAL. FURTHER, THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND QAPITAL ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS (SEE “AGREEMENT TO ARBITRATE”).
YOU HEREBY ACKNOWLEDGE AND AGREE THAT QAPITAL IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE QAPITAL PLATFORM IS MERELY A TOOL TO ASSIST YOU IN YOUR FINANCIAL PLANNING AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT AND SPENDING DECISIONS.
Qapital maintains the Qapital Platform, and provides Services, as a service to our user community, subject to these Terms and Conditions.
You are responsible for obtaining any equipment and internet service necessary to access our Qapital Platform and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Qapital Platform and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Qapital Platform and/or Services, for some or all users, from time to time. The Qapital Platform may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
The Services offered on the Qapital Platform are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
We reserve the right to modify or change the Website, the Qapital Mobile App, or any of the Services, with or without notice to you, and we are not obligated to support or update the Website, the Qapital Mobile App, or any Services.
a. Registered Users. Certain of our Services are reserved for registered users. In order to become a registered user (or “Client”), we will ask you to complete a registration form, and also to select a username and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (including your name, email address and mobile phone number) and certain financial information (such as your primary bank account information and other account login information). Together with our goals and rules, and any investment information provided through your use of Qapital Invest, this collectively is your “User Profile”. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. You agree that you will maintain and promptly update your User Profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Qapital Platform or the Services by you.
b. Acknowledgement to Receive Email, Push Notifications or Text Messages. As a user of the Qapital Platform, and by your acknowledgment of these Terms and Conditions, which you grant by use of the Qapital Platform, you explicitly consent to receive emails, push notifications and text messages from us regarding our Services. Please be aware that should you choose to receive messages via text message, standard data and messaging rates may apply. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving certain of such correspondence by emailing email@example.com, selecting to unsubscribe as may be provided in the applicable correspondence, or updating your notification settings within the Qapital App. To opt out of correspondence and notifications associated with your Qapital investment account (your “Invest Account”), in addition to updating your notification settings within the Qapital App, you may also email firstname.lastname@example.org.
By using the Qapital Platform and Services, and selecting any Services that we offer for a fee, either on a one-time or subscription basis, you accept the cost of the Services that you have elected to pay and authorize Qapital to process your payment from your third-party external financial account designated in your account on the Qapital Platform (your “Funding Source”), or, if the funds in your Funding Source are insufficient, from your Qapital goals account (your “Goals Account”), or if those funds are insufficient, from your Qapital spending account (your “Spending Account”). If Qapital is unable to collect your payment from your Funding Source, Goals Account, or Spending Account, Qapital may instruct its third party partners to initiate any necessary sales in your Invest Account (together with your Goals Account and Spending Account, each a “Qapital Account” and collectively your “Qapital Accounts”) and cause the proceeds to be used to pay any current or past-due fees. If Qapital is unable to collect your payment using one of the foregoing methods, Qapital reserves the right to freeze or cancel your account in its sole discretion.
If you purchase any Qapital Services that we offer for a fee, you agree to pay Qapital, directly or via its designated third party payment processor, all applicable fees as they become due plus all applicable related taxes. You may cancel your subscription from time to time as provided on the Qapital Platform. We may refuse to renew any subscription.
a. Subscription Fees. If you select a user experience tier that is subject to a recurring monthly subscription fee for personal use of the Qapital Platform and Services (the “Subscription Fee”), notwithstanding any then-applicable payment arrangement (including, without limitation, Pay What You Want), you agree to pay the Subscription Fee applicable to the user experience tier you have selected. Current Subscription Fees associated with the Qapital Platform and Services can be found here: https://www.qapital.com/pricing.
Pay What You Want. There is currently no set fee for Goals Accounts that were opened on or before November 12, 2018. Rather, if you opened a Goals Account on or before November 12, 2018, Qapital may from time to time at its sole discretion allow you to choose to pay an amount that you believe is fair. By selecting a fee amount that is greater than zero dollars ($0), you authorize Qapital to charge you a recurring monthly payment in the amount you have selected. You agree that each monthly payment shall be drawn from your Funding Source. Should Qapital’s policy on paying what you want change, we agree to provide you with notice by sending you an email to the email address in your User Profile; however, in no event will we increase the amount you have selected as your contribution without your consent.
c. Change in Fees. Qapital may change the Subscription Fee and adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you in advance of any change in Subscription Fees by sending you an email to the email address in your User Profile. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. You accept the new fees by continuing to use the Qapital Platform and Services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your Qapital Account in accordance with these Terms and Conditions.
d. Incentives. Qapital may at its sole discretion offer incentives from time to time, including to users of the Qapital Platform or to holders of one of our debit cards issued by our banking partner(s) (each a “Partner Bank”).
e. Current Fees. In addition to the Subscription Fees, certain additional fees and incentives associated with your Spending Account and your Goals Account can be found at https://www.qapital.com/spending. Current fees and incentives associated with your Invest Account can be found at https://www.qapital.com/investing.
g. Payment of Fees. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ANY FEES AND FOR PROVIDING QAPITAL WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR QAPITAL PLATFORM FROM TIME TO TIME.
h. Refunds. Other than when expressly set forth on our Services as updated from time to time, or to correct any errors made by Qapital, Qapital has no obligation to provide refunds or credits, but may grant them in certain circumstances, such as a result of specific refund guarantee promotions, in Qapital’s sole discretion.
a. Submitted Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Qapital Platform. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Services. If you choose to provide information or User Content to us, register for or participate in a service, event, or promotion on our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
b. Ownership and Use of User Content. Qapital does not claim ownership of any User Content. By submitting such User Content, however, You hereby grant Qapital a worldwide license and right to (i) copy, store and use that User Content for the purpose of providing you with our Services; (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information (“Aggregated Data”) and copy, store and use such Aggregated Data; and (iii) use your User Content in perpetuity for marketing purposes in any media format (including publishing or re-publishing). You acknowledge and agree that we may retouch, edit or otherwise alter User Content (such as photos) without your ability to inspect or pre-approve, and that you will not be compensated in any way for our use of your User Content.
c. User Content Authorization. You expressly authorize Qapital to access information from your bank accounts (“Your Bank Accounts”) you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s) or engage in financial transactions (“Account Information”), which is included in your User Content, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Qapital’s third party processors will submit information including usernames and passwords that you provide to log you into such third party website(s). You hereby authorize and permit Qapital to use and store information submitted by you to the Qapital Platform (such as account passwords and usernames) to accomplish the foregoing and to configure the Services so that they are compatible with the third party sites for which you submit your information. For purposes of these Terms and Conditions and solely to provide the Account Information to you as part of the Qapital Platform and Services, you grant Qapital a limited power of attorney, and appoint Qapital 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 QAPITAL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, QAPITAL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Qapital Platform. Qapital 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.
d. User Content Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Qapital Platform or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the submission and use of your User Content on or through the Qapital Platform does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Qapital Platform; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
e. Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Services, to determine compliance with these Terms and Conditions, including the User Conduct requirements below, and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Services without prior notice. Without limiting the foregoing, we have the right to remove any material that Qapital, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the User Content that you post to our Services. Moreover, Qapital may terminate one’s ability to submit User Content if, under appropriate circumstances, a person submitting the content to the Qapital Platform is determined to be a repeat infringer and/or repeatedly violates the below User Conduct requirements.
g. Required Disclosures. You acknowledge and agree that Qapital may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms and Conditions; and/or (d) protect the rights, property, or personal safety of Qapital, its representatives and/or agents, its users or the public.
h. Notice of Copyright Infringement. Qapital does not permit copyright infringing activities to occur on the Qapital Platform and may remove any content of any kind, for example, if properly informed that certain User Content infringes upon another’s copyright rights. If you are a copyright owner or an agent thereof and believe that any content on the Qapital Platform infringes upon your copyrights, you may notify Qapital by providing the following information in writing:
Our agent for notice of claims of copyright infringement can be reached as follows:
304 Hudson Street, 5th Floor
New York, New York 10013
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
You understand and agree not to use the Qapital Platform or Services to:
You agree that you will not, directly or indirectly:
c. If we suspect an unauthorized transaction relating to any Qapital Account or that the account was created based on fraudulent information or for a fraudulent or illegal purpose, we may freeze the account pending further investigation and will notify you of the end result of that investigation.
a. Qapital Accounts not linked to the Qapital Visa® Debit Card: If you select a Qapital Basic account, which includes a Goals Account (your “Basic Account”), any funds that you direct to be transferred from your Funding Source to Qapital, either manually via the Qapital App or in accordance with savings rules (“Rules”) you have established via the Qapital App, will be held by Qapital for your benefit in an FDIC-insured “FBO” account maintained at one of Qapital’s Partner Banks. You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf by Qapital, and you hereby irrevocably assign and transfer to Qapital any right or interest that you may have therein. However, Qapital does not hereby obtain any rights to the principal amount of the funds it holds on your behalf.
We may from time to time move your “FBO” Goals Account funds from your Goals Account to a custodial account at another depositary institution, for liquidity, backup, storage or other lawful purpose, but this will not affect your ability to access the funds in your Goals Account, and you remain the legal owner of your funds held in your Goals Account.
b. Qapital Visa® Debit Card Accounts: If you select a Qapital Complete subscription (your “Complete Account”) or a Qapital Master subscription (your “Master Account”), and apply for and open a Qapital Visa® Debit Card, the associated account funds will be held by LSB in one or more interest-bearing account(s). You will earn interest or other earnings that accrue with respect to the funds maintained in those accounts at LSB in accordance with the terms applicable to those accounts from time to time. The Qapital Visa® Debit Card is issued solely by LSB, and Qapital is not responsible for any decisions or actions made by LSB in its capacity as the Qapital Visa® Debit Card issuer.
c. Qapital Invest: By selecting a Complete Account or Master Account and unlocking Qapital Invest, you agree that you are also applying for and opening a Goals Account and Spending Account held by LSB (or another of our Partner Banks), as detailed in clause (b) above, and in connection therewith will receive a Qapital Visa® Debit Card. Once you enroll in Qapital Invest, funds from your Funding Source or Qapital Account (as selected by you) will be transferred to your Invest Account in accordance with any Rules you have established via the Qapital App.
In addition, in order to effectuate transfers to or from your Spending Account to or from your Invest Account, we may from time to time temporarily move funds from to or from your Spending Account to an interim non-interest-bearing account in your name at one of our Bank Partners, but
this will not affect your ability to access the remaining funds in your Spending Account (i.e. funds other than those with respect to which a transfer has been initiated to your Invest Account), and you remain the legal owner of all of your funds. You understand and agree that by opening an Invest Account you hereby consent to the creation of such additional account solely to effectuate such transfer(s) to your Invest Account.
d. Transfer and Withdrawal Limits: Certain limits on transfers to and withdrawals from your Qapital Accounts may be imposed pursuant to terms with our Partner Banks and in connection with Qapital’s ordinary course fraud and security management system. Inquiries regarding up-to-date transfer and withdrawal limits should be directed to email@example.com with respect to your Goals Account or Spending Account, or firstname.lastname@example.org with respect to your Invest Account.
e. Changing your Membership Plan. You may elect to change your membership plan at any time, which change shall take effect immediately and the applicable subscription fee associated therewith will be reflected on your next billing cycle. If you elect to change your membership plan from a Complete Account or Master Account to a Basic Account, you will no longer be able to withdraw from your Spending Account using your Qapital Visa® Debit Card. Your Spending Account and Invest Account will, however, otherwise remain open for withdrawals and transfers for ninety (90) days following the date you downgrade to a Basic Account, though no deposits may be made into your Spending or Invest Accounts during that time. At the conclusion of the thirty (30) days, your Spending Account and Invest Account will be closed and the balance will be transferred to your most recent Savings Goal in your Basic Account.
By accepting these terms and conditions you authorize Qapital and/or our third party processor partners to initiate ACH credit and/or debit transactions between your Funding Source and your Qapital Accounts. These transactions will either be initiated in the Qapital App by you (“Manual Transfers”) or initiated by Qapital including, without limitation, transactions based on Rules you have set up through the Services or with respect to payment of fees and/or other amounts owing by your use of the Qapital Platform and the Services. The frequency and amount of these ACH credit and/or debit transactions will be determined by your Manual Transfers or your Rules. Periodic ACH transactions will be generated by Qapital to move funds from your Funding Source to your Goals Account or Spending Account (as applicable) based on the Rules you have established. Manual Transfers will be processed when authorized by your entry.
For your security, Manual Transfers from your Funding Source to your Goals Account will not be immediately available for withdrawal back to your Funding Source until a period of three (3) business days has elapsed.
Subject to the prior sentence, Manual Transfers can be initiated for same-day transfer or withdrawal (“Express Transfers”) from your Goals Account if received before 11 a.m. Central Time, Monday through Friday on non-bank holidays, for an additional fee. You authorize Qapital and/or our third party processor partners to initiate ACH credit and/or debit transactions from your Funding Source and/or Qapital Accounts to process any such Express Transfer fees.
You further authorize Qapital and/or our third party processor partners to initiate ACH credit and/or debit transactions to or from your Funding Source and/or Qapital Accounts to correct any erroneous credit or debit activity or to pay any return fees described in Section 3(f) of these Terms and Conditions.
You understand that this authorization will remain in full force and effect until you notify Qapital that you wish to revoke this authorization. You understand that Qapital requires at least three (3) business days’ prior notice in order to cancel this authorization. You agree not to initiate any transfers which would cause any of your Qapital Accounts to have a deficit.
The Funding Source verification process is in place to ensure a Funding Source is compatible with Qapital and supports ACH transfers, to prevent Clients’ goals from being disclosed to unknown funding sources, and to verify external Funding Source account ownership.
One of two methods are used to successfully verify a Funding Source:
(1) Two small credit transactions will be sent for processing to the external Funding Source. The amounts of those credits will then be immediately debited out of the Funding Source. Clients will need to verify the external Funding Source by entering the deposit amounts in the required fields provided in their Qapital Accounts. Clients will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source; OR
(2) the external funding source will be accessed by our data integration partner and ownership and ACH support will be verified.
Qapital provides its Clients with the ability to share their respective savings goals and send messages between Clients sharing the same savings goal. Where you share your savings goals through use of the Qapital Platform, all Clients sharing that specific savings goal will have the ability to view the total saved by others sharing that savings goal as well as the transaction detail of money saved toward that savings goal. You agree that in inviting others to share one of your goals that others sharing that savings goal will be able to view the amount of your savings, solely as it applies to that savings goal. You agree that by accepting an invitation to share a savings goal, others sharing that savings goal will be able to view your data, solely as it applies to that savings goal.
Qapital employs third parties in order to provide its Services to you. Third party services are used to, among other things: verify your identity, speed up and streamline on-boarding, issue cards, process savings transactions, retrieve financial data and aggregate data. These third parties will have access to only that information provided by you to Qapital that is needed by them to execute specific processes necessary to provide you with the Services or with the bank account services you register for in connection with the Qapital Platform or Qapital Visa® Debit Card. Qapital may employ different or additional third parties for these Services from time to time in its sole discretion. In addition, to the extent that Qapital is permitted to undertake any action under these Terms and Conditions, you agree that we may permit our third party financial institutions or subcontractors to undertake such action on our behalf.
You agree Qapital may access any account you have set up through our third party processor in connection with the Services. We may use that information to in order to provide you with the Qapital Platform and Services, to develop our products and services, and for our internal business purposes.
IF YOU DECIDE TO OPEN AN INVESTMENT ACCOUNT WITH QAPITAL INVEST, YOU MUST ENTER INTO A CLIENT AGREEMENT AND BROKERAGE AGREEMENT WITH A THIRD PARTY BROKER SELECTED BY QAPITAL. YOU ACKNOWLEDGE AND AGREE THAT IF YOU OPEN AN INVESTMENT ACCOUNT WITH QAPITAL INVEST AND ANY TERM IN THESE TERMS AND CONDITIONS CONFLICTS WITH THE CLIENT AGREEMENT AND/OR BROKERAGE AGREEMENT, SUCH AGREEMENTS SHALL CONTROL OVER THESE TERMS AND CONDITIONS.
As part of the Qapital Platform, Qapital will retrieve information from Your Bank Accounts and your Account Information. Qapital works with one or more online financial service providers to access this Account Information. Qapital makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Qapital is not responsible for the products and services offered by or on third-party sites.
Qapital 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. Qapital 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 Qapital Platform, 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 Qapital Platform, in the manner prescribed in the associated instructions.
a. Automatic Alerts. Qapital may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User Profile or your Accounts. Electronic alerts will be sent to the email address or mobile number you have provided. If your email address or your mobile number changes, you are responsible for informing us of that change. 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 Qapital username and some information about Your Bank Accounts.
b. Disclaimer. You understand and agree that any alerts provided to you through the Qapital Platform may be delayed or prevented by a variety of factors. Qapital 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 Qapital 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.
a. Contents. The contents of the Website and the Qapital Mobile App, including, without limitation, its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including, without limitation, html-based computer programs), trademarks, trade names and/or service marks, and all materials incorporated herein are protected under both United States and other applicable copyright, trademark and intellectual property laws. The contents of the Qapital Platform belong or are licensed to Qapital or its software or content suppliers. Qapital grants you the right to view and use the Qapital Platform subject to these terms. You may download or print a copy of information provided on the Qapital Platform for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Qapital Platform in whole or in part for any other purpose is expressly prohibited without our prior written consent.
b. Feedback. While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of Qapital and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Qapital may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Qapital to review your unsolicited ideas; and (5) Qapital has no obligation to keep any unsolicited ideas confidential.
Use of the Qapital Platform 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. QAPITAL 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.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE QAPITAL PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. QAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE QAPITAL PLATFORM OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE QAPITAL PLATFORM IS AT YOUR SOLE RISK.
QAPITAL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE QAPITAL PLATFORM, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. QAPITAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE QAPITAL PLATFORM 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.
QAPITAL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, 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 QAPITAL PLATFORM AND SERVICES, YOUR USE OF THE QAPITAL PLATFORM AND SERVICES, OR THESE TERMS AND CONDITIONS, EVEN IF QAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, QAPITAL’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), EXCEPT TO THE EXTENT ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER CAUSE FOR WHICH APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION.
QAPITAL RESERVES THE RIGHT TO CANCEL OR RESTRICT YOUR ACCESS TO THE QAPITAL PLATFORM AND SERVICES WITHOUT NOTICE TO YOU. QAPITAL IS NOT RESPONSIBLE FOR DAMAGES SUFFERED BY YOU OR ANY INCONVENIENCE CAUSED DIRECTLY OR INDIRECTLY BY OUR TERMINATION OF YOUR ACCESS TO THE QAPITAL PLATFORM OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, QAPITAL WILL NOT ACCEPT OR HAVE ANY LIABILITY IN THE EVENT OF UNAUTHORIZED USE OF YOUR QAPITAL ACCOUNTS, THE CONDUCT OF FRAUDULENT OR ILLEGAL ACTIVITIES VIA YOUR QAPITAL ACCOUNTS, ANY INABILITY TO TRANSACT OR PROBLEMS RELATED TO POOR INTERNET ACCESS, MOBILE DEVICE OR COMPUTER FAILURE OR OTHER COMMUNICATION ISSUES, OR ANY ISSUES RELATED TO THE TIMELY EXECUTION OF A PAYMENT, TRANSFER, DEPOSIT OR SIMILAR.
YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF THE QAPITAL PLATFORM, INCLUDING ANY INVESTMENT ADVISORY SERVICES PROVIDED THROUGH THE QAPITAL PLATFORM, BEFORE MAKING ANY INVESTMENT OR OTHER DECISION BASED UPON THE SAME. YOU AGREE NOT TO HOLD QAPITAL LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON YOUR USE OF THE QAPITAL PLATFORM OR ANY RELATED CONTENT. YOUR ELECTION TO ENGAGE THE SERVICES IS SUBJECT TO ALL DOCUMENTATION REQUIRED TO BE ENTERED INTO BY YOU IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION YOUR ACCEPTANCE OF DOCUMENTS WITH RESPECT TO YOUR QAPITAL ACCOUNTS AND ANY SEPARATE AGREEMENTS RELATING TO QAPITAL INVEST.
By accepting these Terms and Conditions, you agree to indemnify, defend, and otherwise hold harmless Qapital, Inc., each of its affiliates and each of their respective officers, directors, employees, agents, partners and representatives from any and all losses and damages (whether direct, indirect, incidental, special, consequential, punitive or exemplary) and costs and expenses (including reasonable attorneys’ fees and expenses) arising or resulting from; (i) your use or misuse of the Qapital Platform, (ii) unauthorized access to or alteration of your communications with or through the Qapital Platform, (iii) any mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions for any ACH transfer, or (iv) any breach of these Terms and Conditions. Any business transactions that may arise between Users from their use of the Qapital Platform are the sole responsibility of the Users involved.
IN THE EVENT THAT ANY QAPITAL ACCOUNT HAS A DEFICIT (I.E. A NEGATIVE BALANCE) AT ANY TIME FOR ANY REASON, QAPITAL SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO CLOSE THE ACCOUNT WITHOUT PRIOR NOTICE. YOU AGREE TO BE RESPONSIBLE FOR, AND PROMPTLY PAY TO QAPITAL, THE AMOUNT OF ANY DEFICIENCY IN ANY SUCH QAPITAL ACCOUNT. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS (INCLUDING THE PARAGRAPH ABOVE REGARDING GENERAL INDEMNIFICATION), IN THE EVENT THAT QAPITAL (THROUGH ITSELF OR A THIRD PARTY ACTING ON ITS BEHALF) ELECTS TO PURSUE RECOUPMENT OF THE DEFICIT IN ANY ACCOUNT, SUCH DEFICIT SHALL ESTABLISH THE AMOUNT OF YOUR INDEBTEDNESS OWING TO QAPITAL. YOU AGREE TO REIMBURSE AND HOLD QAPITAL HARMLESS FOR ALL ACTIONS, OMISSIONS, COSTS, EXPENSES, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES AND ANY EXPENSES), PENALTIES, LOSSES, CLAIMS OR LIABILITIES ASSOCIATED WITH ANY SUCH DEFICIT IN YOUR ACCOUNT AND ANY ACTION TAKEN BY QAPITAL TO RECOUP THE SAME.
Until your access to the Qapital Platform is terminated by either you or Qapital, these Terms and Conditions will remain in force. You may terminate your Goals Account and your Spending Account by notifying Qapital via email at email@example.com, and your Invest Account by notifying Qapital via email at firstname.lastname@example.org, of your intention to terminate. WE NOTE THAT SIMPLY DELETING THE QAPITAL APP FROM YOUR MOBILE DEVICE DOES NOT TERMINATE ANY QAPITAL ACCOUNT, NOR DOES IT STOP ANY RULES YOU HAVE ESTABLISHED. If you wish to terminate your Qapital Accounts or pause or stop your Rules, that must be done by you within the Qapital App or by contacting email@example.com or firstname.lastname@example.org.
Qapital may terminate your Goals Account, Spending Account and/or your Invest Account at any time upon notice to the email address provided by you as part of your User Profile. In the event of termination by you or by us, Qapital will delete your User Profile and deactivate your login within forty-eight (48) hours. Any funds held in your Qapital Accounts at the time of termination will be credited to your Funding Source; except that if you have $0.05 or less in your Invest Account upon termination then no amount will be credited to your Funding Source, with the amount in your Invest Account used to cover ACH fees and other charges associated with closing the account. If Qapital cannot connect to your Funding Source, you will need to add a new checking account in order to receive the funds. Any items that attempt to post to a Qapital Account following closure thereof (whether by you or Qapital) will be returned “Account Closed.”
If you do not make use of the Services for a designated amount of time, applicable laws may require Qapital to report these funds in your account as unclaimed property. Should this occur, we may try to locate you at the contact information you provided to us. If our attempts fail and we cannot locate you, we may be required, depending on state law, to report your funds as unclaimed property. The designated amount of time to report the funds as unclaimed varies, based on the state, but typically falls in a range of two to five years.
These Terms and Conditions, and your relationship with Qapital under these Terms and Conditions, shall be governed by the laws of the State of New York without regard to conflicts of law principles. Any dispute with Qapital, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms and Conditions shall be resolved exclusively through arbitration as set forth in the Section below, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Qapital may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Qapital is able to offer the Service at the terms designated. Your assent to this provision is an indispensable consideration to these Terms and Conditions.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Qapital prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against Qapital prior to the effective date of removal.
These Arbitration provisions will survive the termination of Your relationship with Qapital.
You acknowledge that it is your responsibility to provide correct payment instructions for your Funding Source to Qapital and its third party service providers when requested in connection with the Qapital Platform. You agree to be bound by the National Automated Clearing House Association operating rules and any applicable local ACH operating rules. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions to make a deposit or pay subscription fees may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your Funding Source without notice to you. You agree that Qapital and/or its third party service providers may request and that Qapital and/or its third party service providers may make ACH transfers solely by reference to the account number of the recipient. Qapital and its third party service providers shall not be obligated to determine whether there is a discrepancy relating to names or account numbers in transfers between any of your Qapital Accounts and your Funding Source.
Qapital Invest LLC (“Qapital Invest”) is registered with the SEC as a Registered Investment Adviser. The information provided herein is for informational and general educational purposes only and is not investment or financial advice. Past performance is no guarantee of future results. Any historical returns, expected returns or probability projections are hypothetical in nature and may not reflect actual future performance. The content on this website does not constitute a complete description of Qapital Invest’s investment advisory services. Brokerage services are provided to Qapital Invest clients by Apex Clearing Corporation, an SEC-registered broker-dealer and member FINRA/SIPC. Nothing on this website should be considered an offer, solicitation of an offer, or advice to buy or sell securities.
If any portion of these Terms and Conditions is deemed invalid, unlawful, void or for any reason unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions, and that portion deemed invalid, unlawful, void, or unenforceable shall not affect the validity and enforceability of any remaining provisions; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the Legal Notice For New Jersey Residents Section.
You agree that if Qapital does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions, this will not be taken to be a formal waiver of Qapital’s rights and that those rights or remedies will still be available to Qapital.
All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions.
These Terms and Conditions represent the entire understanding and agreement between you and Qapital regarding the subject matter of the same, and supersede all other previous agreements, including any prior version of the Qapital Terms and Conditions.
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms and Conditions shall not be applicable to New Jersey residents: (1) in the Registration Section, in the Billing and Payment Policy Sub-Section of the Fees & Payments Section, in the User Content Authorization Sub-Section of the User Content Section, in the Timeliness and Accuracy of External Data Section, in the Alerts Section, in the Disclaimer Regarding Use of Mobile Devices Section, and in the Disclaimer of Representations and Warranties Section, the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you; (2) in the Limitations on Qapital’s Liability Section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (3) in the Indemnification Section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions; and (4) in the Agreement to Arbitrate Section, the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.