By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the following terms of conditions set forth in this Agreement. If you do not agree with these terms and conditions, you may not access or use the Services. By using or accessing the Services or by clicking to agree to these Terms when that option is made available to you, you represent that you have read and understand these Terms.
You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Aeldra’s Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Application (the “Authorized Device”). You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Aeldra may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Aeldra Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Aeldra Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). Aeldra reserves the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
Aeldra reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all of the Services without advance notice. All modifications and additions to the Services shall be governed by this Agreement, unless otherwise expressly stated by Aeldra in writing. Aeldra may, from time to time, modify the Agreement. Please check this Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Agreement in effect that the time the dispute arose. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version of this Agreement.
Aeldra Financial Inc. provides a range of financial products and services to meet customers’ banking* needs in the U.S. Our services include Checking & Savings Accounts*, Certificates of Deposit, Credit Cards, Loans, Insurance and Investment solutions.
Account* Creation. In order to use the Services, you must create an account (an “Account*”) with Aeldra. You agree that the information you provide to Aeldra on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times. We also request that you create a password for your Account*. You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions take under your Account*, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or Account*. We are not liable for any loss or damage from your failure to comply with these requirements.
Identity Verification. You hereby authorize Aeldra, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account* information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.
Push Notifications and Text Messages. By agreeing to this Agreement, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services. By providing us with a telephone number for a cellular phone or other wireless device, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of Aeldra at the phone number provided. You further consent to receiving autodialed and pre-recorded text messages from or on behalf of Aeldra at the number provided for marketing or promotional purposes. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Aeldra. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. Standard message and data rates may apply to both non-marketing and marketing-related messages.
Limitations on User Accounts*. You may not create more than one (1) Aeldra Account*. Each unique mobile device may not be associated with more than two (2) user Accounts*. Users who attempt to associate an excessive number of mobile devices with a single user Account* may be deemed to have violated this Agreement to the extent they are deemed by Aeldra to have abused the Services, and may be subject to Account* suspension or closure. You may only create an account for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. If you create an account with Aeldra, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You may not share your account information with any other person or entity, and Aeldra is not liable for any fraud or losses caused by the sharing of account information or log-in credentials. You must immediately notify Aeldra of any unauthorized uses of your account or any other breaches of security. Aeldra will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Terminating an Account* by Aeldra. Without limiting other remedies, Aeldra may immediately terminate or suspend your access to and/or use of the Aeldra Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, in the event that you breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Aeldra Services at any time and for any reason or no reason, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Aeldra or any third party; or (ii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.
Terminating an Account* by You. You may close your Aeldra account* and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Aeldra account* even after the account is closed. Any incomplete transactions or transfers must be completed or canceled, and you must transfer any money from your Aeldra account before closing it. If you voluntarily close your account*, or allow your account to lapse, you may be unable to reactivate that account. We may permanently or temporarily terminate or suspend your Aeldra account or any access to the Services without notice and liability for any reason, including if in our sole discretion you violate any provision of these Terms, or for no reason. If we have previously terminated your account for any reason, we further reserve the right, in our sole discretion, to prohibit you from reactivating such account or creating a new account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In certain cases, closing an account may be delayed including:
• If you have a pending transaction or an open dispute or claim.
• If you owe amounts to us.
• If your Aeldra account* is subject to a hold, limitation or reserve.
• If there is a pending investigation.
We may, at our discretion, impose limits on account* activity for the purposes of protecting Aeldra and you from fraud or other risks. In addition, we may at our discretion update our fee structure, subject to appropriate advance notice to you.
Fees and limits may change from time to time in our sole discretion. Your continued use of the Services after any change in fees becomes effective constitutes your acceptance of the updated fees.
Aeldra strictly prohibits illicit activity. Important notice: Aeldra reserves the right to suspend an account at any time, and without notice, if the account has been flagged as suspicious or fraudulent for any reason by our security team. Suspended accounts will require investigation. the following and may close your account upon identifying any of the following actions:
1) Breach this Agreement or any Aeldra policy
2) Access or use any part of the Services for any non-personal, commercial purpose;
3) Access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation;
4) Attempt to establish Account* using someone else’s identity or unauthorized access to any other user’s Account*;
5) Modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services;
6) Access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights;
7) Provide false, inaccurate or misleading information;
8) Copy, distribute, transfer, sell or license all or part of the Services;
9) Intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
10) Take any action to circumvent, compromise or defeat any security measures implemented in the Services;
11) Use the Services to access, copy, transfer, retransmit or transcode information, Aeldra’s logos, marks, names or designs or any other content in violation of any law or third party rights;
12) Remove, obscure, or alter Aeldra’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services;
13) Act in a manner that is defamatory, trade libelous, threatening or harassing; or
14) Use the Services in a manner that results in or may result in:
2. disputes; claims, reversals, chargebacks, or
3. fees, fines, penalties or other liability or losses to Aeldra, other users, third parties or you.
Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information, username, password, computer, or mobile device or from unauthorized or fraudulent transactions associated with your Aeldra account*, your bank* account, credit card or debit card^. If you suspect or become aware of any unauthorized activity or access to your username, password, computer or mobile device, you must contact us immediately at firstname.lastname@example.org.
We review account* and transaction activity at various times, including when bank* transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity or the purposes of the transaction(s). We may limit your account* and your access to funds in your account until we complete our review.
Reviews may result in:
• Delayed, blocked or cancelled transfers;
• Money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
• Account* limitation, suspension or termination;
• Money or payments being seized to comply with a court order, warrant or other legal process; and/or
• Money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account*, or compromised Aeldra account*, or if you were a participant in a transaction for goods and services between two personal accounts*.
Any money sent to you on Aeldra that has not yet been transferred to your bank account* is held by our partner bank, Blue Ridge Bank, N.A., and is FDIC-Insured* for at least a balance of $250,000. By using the Services, you authorize Aeldra to hold your funds for your benefit with Blue Ridge Bank, N.A.. For purposes of applicable FDIC* deposit insurance limitations, please note that deposits at Blue Ridge Bank, N.A. may not be separately insured from any other deposit accounts you may have with Blue Ridge Bank, N.A.
Aeldra respects the intellectual property rights of others and expects you to do the same. Accordingly, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent. Our designated Copyright Agent to receive DMCA Notice is: Compliance Department, Aeldra Financial Inc., 1900 S. Norfolk St, Ste 350, San Mateo, CA 94403.
• In accordance with the Digital Millennium Copyright Act of 1998, (17 U.S.C. § 512) (“DMCA”) the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the written notice (the “DMCA Notice”) must include substantially the following:
• Your full legal name, telephone number, and email address;
• Physical or electronic signature;
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• A statement by that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law;
• A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
To the fullest extent permitted by law, you agree to indemnify, defend and hold Aeldra and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Aeldra reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Aeldra.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, AELDRA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, AELDRA DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (2) THE SERVICES BE UNINTERRUPTED OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE AELDRA SERVICES, INCLUDING THE AVAILABILITY OF A COUPON. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Aeldra arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law. Except as otherwise required by applicable law, the Agreement and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Aeldra, you agree to try to resolve the Dispute informally by contacting email@example.com. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Aeldra may bring a formal proceeding.
We Both Agree To Arbitrate. You and Aeldra agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting [insert email] within 30 days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees. The AAA rules will govern payment of all arbitration fees. If the value of your claim does not exceed $10,000, Aeldra will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Exceptions to Agreement to Arbitrate. Either you or Aeldra may assert claims, if they qualify, in small claims court in San Francisco, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve Disputes with Aeldra on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Aeldra agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Aeldra consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Aeldra’s Product Agreement can be found on our website at this link.