Terms and Conditions of Use
These Terms and Conditions of Use (the "Terms" and the "Agreement") apply to you when you (1) view, access or otherwise use the website located at https://earnie.finance/ru (the "Website") and (2) your use of Earnie mobile application for either iOS or Android (the "App", collectively with the website, the "Services"). For purposes of this Agreement, the App is deemed part of the Website.
The Website and App are owned by Earnie OÜ ("Earnie" or “We”). Through the App, Earnie offers personal finance tips and recommendations for the purpose of improving your financial performance (the "Products"). Our products include, but are not limited to, investment advisory services for a fee.
The content on the services and products is for informational purposes ONLY, and is not intended to provide, and should not be relied on for, investment, tax, legal or accounting advice.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE SERVICES CAREFULLY.
- Scope and Acceptance. By accessing, browsing and/or otherwise using the Services, products, and Earnie's content, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use the Services. The Terms apply to use of the App including (1) when you register a user account; (2) when you subscribe for or receive any products, including but not limited to products provided through the Services; and (3) when you use the Services as a guest or visitor. The material provided on this Website is protected by law, including, but not limited to, EU regulations and Estonian copyright law.
- Use of Services and Products. Earnie reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Earnie grants a nonexclusive, non-transferable, limited right to access, use and display the Services and the material provided therein, and the Products that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. The aforementioned a nonexclusive, non-transferable, limited right to access, use and display may consist of paid content and third party content, services and functions that may change from time to time. The license includes the right to download and temporarily store insubstantial portions of data ("Downloaded Data") to a storage device under your exclusive control solely for your use and excerpt from such Downloaded Data in the regular course of your research. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights. You agree not to assign, transfer, or sublicense your rights as a registered user of, or subscriber to, the Services and the products. You understand that only you may use your user account and password, and that your subscription to the Services and Products thereon is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of any Products subscribed to by you through the Services.
Your election to engage any Products on the Services are subject to your explicit enrollment and acceptance of separate agreements such as the account contracts, related fee schedules and/or other additional documents applicable to the Products for which you choose to enroll.
At Our sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Services or related Products, including, but not limited to, (i) restricting the time the Services and/or a Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Services and/or any of the Products. You agree that any termination or cancellation of your access to, or use of, the Services and/or Products may be effected without prior notice. If you do not abide by these Terms, except as We may otherwise provide from time to time, you agree that We may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Services (or part thereof) and/or the Products. Further, you agree that We shall not be liable to you or any third-party for any termination, cancellation or modification of your access to, or use of, the Services and/or the Products, except for a refund of any fees or charges prepaid by you with respect to the Products as provided under Our other applicable written agreement(s) with you. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of a Product made by Us pursuant to this provision or these Terms, or any Our policies or practices in providing these Services or Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Products is to cancel or terminate your subscription or registered user account, as applicable. We will attempt to process all requests to cancel or terminate your subscription or registered user account within ten (10) business days after We received your request and all documentation required to cancel or terminate your subscription or registered user account, and you acknowledge and agree that charges and fees incurred prior to the effective time of cancellation or termination will not be reversed. As part of the termination, We will look for information and instructions as far as what you want to do with your assets, whether securities or cash or other assets on your account.
You agree to maintain and promptly update the Subscription Data and any other information you provide to Earnie to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or Earnie has reasonable grounds to suspect that such is the case, Earnie reserves the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of Earnie's Services (or any portion thereof) or any of the Products. You agree not to register or subscribe for more than one username, create an account on behalf of someone else, or create a false or misleading identity on the Services.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with the Services using another username or through any other means. If Earnie has reason to suspect, in Earnie's sole discretion, that your account has previously been terminated, Earnie reserves the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to Earnie under these Terms or by applicable laws.
You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify Earnie immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or user account information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You are the only person who may use your user account and password to access the Services and you are entirely responsible for any and all activities which occur under your user account.
- Third-Party Providers. Throughout the App, third-party content creators and publishers (the "Third-Party Providers") are permitted to publish insights, articles, forecasts, predictions, strategies, and other content on the App (the "Third-Party Content"). Use of the App as a Content Creator is subject to the terms of this Agreement. By using the Services, you acknowledge that Earnie does not require the Third-Party Providers to be registered as investment advisers with any regulatory authority and neither endorses nor acts as a solicitor for the Third-Party Provider. You further acknowledge that all Third-Party Content is entirely impersonal and is published without consideration for any specific user's personal circumstances, risk tolerance, financial situation, financial goals, level of financial sophistication, and investment experience. If you are a Third-Party Provider, then these terms also apply to your use of the App as an end user of the other Third-Party Content.
- Copyright Notice. All Services materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Earnie, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on the Services for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Website for commercial use without prior written approval of Earnie. You may not "mirror" any material contained on this Website on any other server without prior written permission from Earnie. Any unauthorized use of any material contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
- Hyperlinks. You are granted a limited, nonexclusive right to create a "hypertext" hyperlink to this Website or App provided that such hyperlink is to the entry page of the Website or App and does not portray Earnie or any of its Products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Earnie trademark, logo or trade name or other proprietary information including the images found at the Website or on the App, the content of any text or the layout/design of any page or any form contained on a page without Earnie's express written consent. Hyperlinks to third party websites on the Website or App are provided solely as convenience to you. If you use these hyperlinks, you will leave this Website and App. Earnie has not reviewed all of these third party websites and does not control and is not responsible for any of these websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Earnie does not endorse or make any representations about third party websites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website or App, you do so entirely at your own risk. You acknowledge and agree that Earnie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
- Performance Information. Performance information provided on this Services is from a model index. Earnie does not make any representation or warranty, express or implied, as to the accuracy or completeness of such performance and nothing contained herein shall be relied upon as a promise or guarantee as to past or future performance and is not indicative of future results.
- Modification of Terms. Earnie reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Services constitutes your agreement to comply with such revisions, so you should visit this Website from time to time.
- Termination: Either you or Earnie may terminate your user account on any of its Services or any Products at any time pursuant to these Terms and any other applicable agreements. The provisions applicable to any such termination, including the effects thereof, are described in terms and conditions of any applicable Account Contracts
- Indemnification: You agree to indemnify, hold harmless and, at Earnies option, defend Earnie and Earnie's affiliates, and Earnie's and its affiliates' officers, directors, employees, stockholders, agents and representatives (collectively, "Indemnified Persons"), from any and all third party claims, liability, losses, damages, expenses and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of the Services or Products or offerings, your violation of these Terms or any of the other applicable agreements, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity, and your use of content or other submissions generated, uploaded, or otherwise provided by you in accordance with these Terms.
- Technology Disclaimer. Earnie expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access the Services as a result of your use of the Services, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of the Services.
- Disclaimer of Warranties. Earnie MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Earnie DOES NOT DISCLAIM ANY WARRANTY RELATING TO THE PROVISION OF PRODUCTS WHICH CANNOT BE DISCLAIMED PURSUANT TO APPLICABLE LAWS.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Earnie NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, OR THIRD-PARTY PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE AND EVEN IF THE RESPECTIVE PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (i) THE USE AND/OR THE INABILITY TO USE THE SERVICES AND/OR THE PRODUCTS; (ii) THE USE OF ANY CONTENT OR OTHER INFORMATION ON THE SERVICES OR ANY APPLICATION(S) OR WEBSITES(S) LINKED TO THE SERVICES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCTS RESULTING FROM ANY GOODS, DATA, INFORMATION OR PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Earnie'S SERVICES; (vi) ANY SERVICES FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE PRODUCTS. YOU UNDERSTAND AND AGREE THAT Earnie SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT Earnie EXERCISES ITS RIGHT TO MODIFY, CHANGE OR DISCONTINUE THE SERVICES OR ANY PRODUCTS. IN NO EVENT SHALL Earnie’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES AND RECEIVING THE PRODUCTS, IF ANY, IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Earnie'S SERVICES OR PRODUCTS, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES OR PRODUCTS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Earnie DOES NOT DISCLAIM ANY LIABILITY RELATING TO THE PROVISION OF PRODUCTS WHICH CANNOT BE DISCLAIMED PURSUANT TO APPLICABLE LAWS.
- Prohibition for minors: Some of the content on the Services may not be appropriate for minors. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF Earnie'S SERVICES OR PRODUCTS.
- Registration and Security. As part of the registration and account creation process necessary to obtain access to certain portions of the Services, you must select a username and password. You shall provide Earnie with certain registration information, all of which must be accurate and updated as appropriate. You may not (i) select or use a user account of another person with the intent to impersonate that person; (ii) use a user account in which another person has rights without such person's authorization; or (iii) use a user account that Earnie, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your access to protected areas of the Website. You shall be responsible for maintaining the confidentiality of your password. You shall immediately notify Earnie of any known or suspected unauthorized use(s) of your username and password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and password. You are responsible for all usage or activity with your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services.
- 17.Communications through Contact Us form. Communications made through the Contact Us form on the Website tab shall in no way be deemed to constitute legal notice to Us or any of Our officers, employees, agents or representatives, where notice Us is required by contract, or any federal, state or local laws, rules or regulations.
- Consent to Doing Business Electronically; Communications. Due to the fact that the Services operate on the Internet, you consent to transact business with Earnie electronically. You agree that Earnie may provide messages to you by electronic means, for example, by posting it on Earnie's website, sending you an in-App message, emailing it to an email address that you have provided to Earnie or mailing it to any postal address that you have provided to Earnie. All messages by any of these methods will be deemed received by you no later than the earlier of when received or twenty four (24) hours after sent to the contact information you provided, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or three (3) business days after it is mailed to the most recent address Earnie has on file for you. The Services provides you Earnie's e-mail address so that you may communicate electronically with Earnie by sending an e-mail message to email@example.com. All e-mails sent to and from Earnie will be received or otherwise recorded by Earnie e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. You consent to be contacted by Earnie at any physical or electronic address you provide. You represent that the contact information you have provided is yours and you are permitted to use those forms of contact. In the event you change your contact information, such as e-mail address, mailing address or any other contact information you have provided, you agree to promptly update your contact information. You also agree to receive alerts about your activity, statements, balances, payments, suspicious activities, and other matters involving your use of the Services or the Products through email. Receipt of email notifications may be delayed or prevented by factors beyond Earnie's control, including those affecting your internet/phone provider. Earnie is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of electronic notification for any purposes. Each email may not be encrypted, and may include your name and information pertaining to your online account or use of the Services. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.
- Transmissions. Any material, information or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Earnie or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
- Geographic Scope of Products. You acknowledge that the Products are intended for natural persons who are citizens or other lawful residents of all states in which Earnie carries out its activity except for the following Restricted countries and regions: United States of America, People's Republic of China, Singapore, Kanada, North Korea, Republic of Cuba, Uzbekistan, Luhansk People's Republic, Donetsk People’s republic, Republic Crimea, Islamic Republic of Iran, Syrian Arab Republic, Federative Republic of Brazil, United Arab Emirates, members of European Union, Japan, Commonwealth of Australia, Republic of Korea (south Korea), Republic of the Philippines, Kingdom of Thailand, Republic of China (Thaiwan), Bermudas or Somers Islands.
- Electronic Fund Transfer Disclosure Statement. The following disclosures are made in accordance with the applicable law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing Earnie's Services or Products.
- Definitions. "Electronic Fund Transfer" shall mean any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct Earnie to debit or credit an account.
- Your Liability. You are liable for all authorized and unauthorized Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Notify Us immediately if you believe your account, user account, or password is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Email Us immediately at firstname.lastname@example.org to keep your possible losses to a minimum. You could lose all the money in your account(s). If your periodic account statement shows unauthorized transfers and you DO NOT tell Us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if We can prove that We could have prevented the unauthorized transfer(s) if you had told Us in time.
- Governing Law; Jurisdiction.
- Governing Law. These Terms and your use of the Services, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the Republic of Estonia, consistent with all applicable laws, without giving effect to any choice of law or conflict of law rules or provisions, which would result in the application of the laws of a jurisdiction other than the Republic of Estonia.
- Jurisdiction. To the extent the parties are permitted under this Agreement to initiate litigation in a court, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the respective courts of the Republic of Estonia for any litigation arising out of or relating to these Terms or your access to or use of the Service or Products, (ii) agree not to commence any litigation arising out of or relating to this Agreement or your access to or use of the Services or Products except in courts of the Republic of Estonia, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree that courts of the Republic of Estonia represent the exclusive jurisdiction for all disputes relating to this Agreement or your use of the Services or Products.
- You acknowledge that before applying to any court, it is obligatory to comply with the claim procedure by sending us a notification by email email@example.com. We undertake to provide you with an initial response to your claim within 90 business days after receipt of your claim.
- Severability of Terms. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as narrowly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Earnie's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Earnie in writing.
- Headings. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
- Assignment. This Agreement may be assigned in whole or in part by Earnie. This Agreement may not be assigned in any manner by you without the express, prior written permission of Earnie.
- No Waiver. Earnie's failure to enforce the strict performance of any of the provisions of these Terms or any other applicable agreements required for access to or use of the Services and Products will not waive Earniee's right to later enforce those provisions.
- Supremacy. In the event of any conflict between these Terms and the terms of any other written agreement between you and Earnie these Terms shall prevail.