STWRD Terms of Use
Acceptance of the Terms of Use
These are the STWRD Terms of Use (“Terms”) between you (referred to here as “you” “your,” “user” or “subscriber”) and STWRD LLC (which we refer to as “STWRD,” the “Company,” “we,” or “us”). STWRD provides faith-focused financial budgeting, payment and income tracking, and other money management tools via our mobile device application, the STWRD App (the “App”).
These Terms together with the Privacy Policy, govern your use of the App. Please be aware, we may change these Terms from time to time. You accept these Terms when you subscribe to, access, or otherwise use the App. If you do not agree with these Terms, you may not use the App. We may in our sole discretion change, modify, or otherwise alter these Terms at any time by updating the new Terms on the App. Your continued use of the App means you accept the new Terms.
License and Accessing the App.
STWRD grants you a limited license to access and make personal use of the App. All other rights in the App are retained by STWRD. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether registered or identified as such.
The following is prohibited: (a) resale or transfer or commercial use of the App or its contents, (b) any derivative use of App or its contents, or (c) any use of data mining, robots or similar data gathering and extraction tools or processes. Further, you agree not to store, distribute, transmit, display, reproduce, reverse-engineer, modify, create derivative works of, sell, or otherwise exploit any of the content on the App for any commercial purpose. By using the App, you warrant that you will not use it, or any content on the App, for any unlawful or prohibited purpose. If you violate any of these Terms, your permission to use the App automatically terminates.
Electronic Communications.
When you use the App, send us an email, respond to a survey or questionnaire, or provide us feedback or suggestions on the App, you are communicating with us electronically. Accordingly, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that a communication be in writing.
Subscriber Conduct.
You agree that you will refrain from any of the following: (a) engaging in any act where you know, or have reason to know, that such act may disrupt the App’s functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the App (the “Software”); or (c) using the App in any way that violates local, state, federal, or international law. Without limiting the foregoing, certain Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported
or re-exported into (or otherwise shared or sent to any national or resident of) a country subject to U.S. embargo; (b) to any person listed on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) list; (c) the U.S. Commerce Department’s Table of Denial Orders; or (d) you agree not to attempt to log on to the website from any country under sanctions by the Office of Foreign Assets Control (OFAC). If you use the Software, you represent and warrant that you are not on any of the above-referenced lists or otherwise located in, or subject to the control of, any such country on any of the foregoing lists.
Monitoring.
Though STWRD has no obligation to monitor the App, you acknowledge and agree that we have the right to monitor the App electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the App properly; to determine whether our subscribers may be eligible for third party products, services, or other offerings; or to protect us or our subscribers.
Feedback, Suggestions.
You agree that we may, in our sole discretion, use any feedback or suggestions regarding the App that you provide to us in any way, including in future modifications of the App, advertising and promotional materials, or development of additional products and services. You agree not to submit any feedback or suggestions that you do not have rights in, such as copyrighted material belonging to a third a party. You hereby grant STWRD a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display your feedback and suggestions and any derivations thereof in any manner and for any purpose, and you hereby waive any and all rights in your feedback and suggestions, including moral rights, in favor of STWRD.
Third-Party Products and Services.
In connection with your use of the App, we may make you aware of products, services, or other offers and promotions from third parties. Mention of third-party products, services, or other offers and promotions via the App is for informational purposes only and neither constitutes an endorsement nor a recommendation. You are responsible for reviewing and understanding the terms and conditions governing any such third-party offerings. In making you aware of such third-party products, services, offers and promotions, STWRD does not intend for you to rely on same for investment advice. STWRD assumes no responsibility and disclaims any and all liability with regard to the selection, performance or use of these party products, services, or other offers and promotions. STWRD provides this only as a convenience to our users. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that you should always consult with your financial representative to verify securities pricing information and the terms of any third-party products, services, offers, and promotions. IN NO EVENT SHALL STWRD BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY DAMAGE OR LOSS ARISING FROM, OR RELATING TO, ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED OR SUGGESTED THIRD-PARTY PRODUCT, SERVICE, OFFER OR PROMOTION SUGGESTED OR LINKED BY STWRD.
Children Online Privacy Protection Act
STWRD will not, and does not intend to, market the App or related services to children. STWRD does not knowingly gather or solicit data from children through the App and, by using the App, you represent that you are an adult who is at least 18 years of age.
Modification or Discontinuance of the App
You understand that, at any time and without notice to you, and for any reason whatsoever, STWRD may modify or discontinue all or any part of the SWRD App. You acknowledge that STWRD shall in no way be held liable for any consequence resulting from its decision to modify or discontinue providing all or any part of the App.
Disclaimers
STWRD DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE, OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. STWRD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE APP, NOR DOES STWRD MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, STWRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT. STWRD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY THIRD-PARTY PRODUCTS, SERVICES, OFFERS OR PROMOTIONS OF WHICH STWRD HAS MADE YOU AWARE THROUGH YOUR USE OF THE APP. YOUR SOLE REMEDY AGAINST STWRD FOR DISSATISFACTION WITH THE APP OR ANY OF ITS CONTENT IS TO STOP USING THE APP. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. STWRD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, STWRD WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE STWRD APP OR ANY THIRD-PARTY PRODUCT, SERVICE, OFFER OR PROMOTION LINKED OR REFERENCED ON THE STWRD APP, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.
Indemnification
You agree to indemnify and hold STWRD, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of the App, your violation of these Terms, or your violation of any rights of any third party.
Governing Law
For users other than Canada residents, the laws of South Carolina will govern these Terms without giving effect to any conflicts of laws principles. You agree that any action arising out of the Terms of Service, or your use of the App, shall be brought in state or federal court in South Carolina, and you consent to the jurisdiction of such courts. For Canada residents, the Terms will be governed by, interpreted, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Privacy Policy
STWRD, LLC (the “Company,” “we,” “us,” or “our”) takes the privacy of our mobile device application users’ personal information seriously. This Privacy Policy covers how the Company addresses and safeguards personally identifiable information that is collected and received on the STWRD mobile device application (the “App”) operated by the Company.
By using the App, parents are able to create user profiles for their children. As such, we strive to educate parents and kids about how to appropriately safeguard their privacy when using the App, in compliance with the Children's Online Privacy Protection Act of 1998 (“COPPA”). COPPA requires us to inform parents and legal guardians about our information collection and use practices. COPPA also requires that we obtain parental consent before we allow children under the age of 13 to access and/or use the App. We urge kids to check with their parents before entering information through the App, and we recommend that parents discuss with their kids restrictions regarding the online release of Personal Information (as defined below) to anyone they don't know.
By using the App, or by permitting your child to use the App, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning stated in our Terms of Use.
Please be aware that we may update this Privacy Policy. If we do, we will notify App users about significant changes by placing a prominent notice on the initial page of this Privacy Policy. Your continued use of the App following the posting of changes means that you accept and agree to the changes.
1. WHAT THIS PRIVACY POLICY COVERS
The Company collects some information about App users to help us improve the App. As discussed below, the type of information we collect, and our use of that information, will vary depending upon the user’s level of interaction with the App.
This Privacy Policy does not cover how the Company treats personally identifiable information that it obtains from other sources, such as offline sources or through email communications. This Privacy Policy also does not apply to the practices of companies that we do not own or control, or to people or entities that the Company does not employ or manage.
2. PERSONAL INFORMATION COLLECTED
Information We Collect or Receive. In the course of operating the App, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.
- Personal Information. When you sign up to become a User of the App (a “User”), you will be asked to provide us with certain Personal Information, such as your first name, last name, and email address. In this Privacy Policy, we refer“Personal Information.” Other than the online contact information required to obtain parental consent, we do not collect any Personal Information from users under the age of 13 unless the User’s parent or legal guardian has first provided us with consent for that User to use the App and disclose Personal Information to us. If you are a User under the age of 13, please do not send any Personal Information to us if we have not obtained prior consent from your parent or guardian. If we learn we have collected Personal Information from a User under the age of 13 without parental consent, or if we learn a User under the age of 13 has provided us Personal Information beyond what we request from them, we will delete that information as quickly as possible. If you believe that a User under the age of 13 may have provided us Personal Information in violation of this Privacy Policy, please contact us at support@stwrd.io.
- Third-party Log In. If you sign in through your financial service provider, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that [company name] would provide to us through you financial service provider's Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, financial service provider username, profile picture, headline, unique identifier and access token, and email address.
- Payment Information. When you subscribe to the App, you will be required to provide your mobile device provider (ie Apple Pay, Google Pay) with your Payment Information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by your third-party mobile device provider under the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with subscriptions.
- Geolocational Information. Certain features and functionalities of the App are based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect Geolocational Information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow us to collect such Geolocational Information via the settings on your mobile device, in which case we will not be able to provide certain features or functionalities to you.
- Third-Party Analytics. We and third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit [URLs]. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the App.
- Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”). Such Other Information may include:
- From You. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
- From Your Activity. We may collect or receive information regarding:
- IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
- Browser type and language;
- Referring and exit pages and URLs;
- Date and time; and
- Details regarding your activity on the App, such as search queries and other performance and usage data.
- About Your Mobile Device. We may collect or receive information regarding:
- Type of mobile device;
- Advertising Identifier (“IDFA” or “AdID”);
- Operating system and version (e.g., iOS, Android, or Windows); 3
- Carrier; and
- Network type (Wi-Fi, 3G, 4G, LTE).
- Type of mobile device;
- From Cookies. We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including to:
- Type of mobile device;
- Personalize your experience;
- Analyze which portions of the App are visited and used most frequently; and
- Measure and optimize advertising and promotional effectiveness.
- If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected.
- Type of mobile device;
3. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES
We may share Other Information about your activity on the App with third parties for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads)). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser's cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.
4. HOW TO OPT OUT OF THIRD-PARTY INTEREST-BASED ADVERTISING
If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile devices can follow the below instructions:
Android Users
For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”
iOS Users
iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.
iOS 6: Go to your Settings >Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.
5. HOW INFORMATION IS USED AND SHARED
(a) You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
(i) Provide and improve the App;
(ii) Provide our services;
(iii) Offer to connect you with third-parties such as ;
(iv) Solicit your feedback; and
(v) Inform you about our products and services.
(b) When you consent, we may share the Information with third-parties to make you aware of products, services, or other offers and promotions from those third parties.
(c) We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
(d) In an ongoing effort to better understand our users and the App, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business, and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
(e) We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
(f) As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
(g) To the extent permitted by law, we may also disclose the Information:
(i) When required by law, court order, or other government or law enforcement authority or regulatory agency; or
(ii) Whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
6. MODIFYING INFORMATION AND COMMUNICATION PREFERENCES
If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support).
We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.
7. CONFIDENTIALITY AND SECURITY
The Company uses industry standard methods and takes commercially reasonable precautions to prevent unauthorized access or disclosure to your personally identifiable information, to maintain data and information accuracy, and to facilitate the appropriate use of information. Specifically, the Company has implemented a variety of encryption and security measures to protect information stored in our computer systems from unauthorized access; we utilize electronic, and managerial procedures to protect users’ personally identifiable information that we collect online; and we maintain procedural safeguards restricting access to personally identifiable information only to employees (or our agents under confidentiality agreements) who need to know such information in order to provide the products and services that users request.
Unfortunately, data transmission over public networks cannot be guaranteed to be one hundred percent secure. As such, although the Company takes appropriate measures to safeguard against unauthorized disclosures of information, we cannot guarantee that users’ personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy, and you use the App at your own risk. If you suspect your Personal Information has been compromised, please notify the Company’s Customer Service using the following contact information: support@stwrd.io.
8. IMPORTANT NOTICES TO NON-U.S. RESIDENTS
The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
9. USER’S ACCEPTANCE OF PRIVACY POLICY TERMS. By using the App, you acknowledge your consent to and understanding of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use the App. Your continued use of the App following the posting of changes to this Privacy Policy will mean that you accept those changes.
10. TERMS OF USE. Use of the App is governed by the Terms of Use viewable at [HYPER LINK], which is incorporated herein by reference.
11. CALIFORNIA-SPECIFIC PRIVACY RIGHTS. California Civil Code Section § 1798.83 permits users of the STWRD App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at support@stwrd.io..
12. APP STORES, THIRD-PARTY LINKS. Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the STWRD App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third-party’s applicable privacy policies.
The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the
13. CONTACT US
Please direct any questions related to this Privacy Policy to:
STWRD, LLC
support@stwrd.io