Even

Even money management app

Terms of Service

This is an explanation of the things you should know about using Even, a service provided by Even Responsible Finance, Inc. We’ve tried to make it as clear and straightforward as possible, because that’s how we’d want to be treated. We last updated it on August 4, 2016, to try to make things easier to understand. If you find anything in here confusing, please let us know what you think: support@teameven.com.

Acceptance of Terms and Conditions

By signing up for Even, using the Even application or visiting the Even website (www.even.com), you are saying you understand and agree to the things we’ve explained in this document. You’re also agreeing to our privacy policy (www.even.com/privacy). If you don’t accept the terms and conditions contained in this document (the “Agreement” or the “Terms”), we aren’t able to let you use Even, and simply ask that you delete the app from your phone.

Arbitration Provisions

We also need to ask that you please read these terms carefully, including the section labeled “Arbitration”, “Arbitration Restrictions” and “Exceptions to Informal Negotiations and Arbitration”. These sections limit Even’s liability to you, and require individual arbitration for legal disputes between you and Even. If you have questions about these sections, or any part of this Agreement, get in touch! We’ll be happy to help. support@teameven.com.

Basic Requirements

There are some basic requirements for using Even.

First, you must be 18 years or older. Second, you must have an account in your name, at a United States-based bank or credit union that issues you a debit card (some types of prepaid debit cards also work). Third, you must have a current source of income that you regularly deposit into this account. Finally, you must have a smartphone with a data plan and location services (GPS). You can read more about how we use data from your smartphone in our privacy policy (www.even.com/privacy). Signing up for Even does not require a check of your credit score.

There are a few reasons we might not be able to let you use Even. These include:

  1. If you earn too much, or too little money.
  2. If you do not get paid by direct deposit.
  3. If we aren’t able to access enough of your income history to calculate your Even Pay.
  4. If you just started a new job.
  5. If your paychecks don’t arrive on a regular schedule (like every other Friday, or the 1st and 15th of each month).
  6. If you don’t have a single employer that is the source of at least 50% of your income.
  7. If your account is overdrawn at the time you sign up for Even, or was very recently overdrawn.

We know everyone’s financial lives are unique, so we review each application individually. If we don’t accept you to Even, and you think we made a mistake or you want to know why, just send an email to us at support@teameven.com.

Pay Protection is a Subscription Money Management Service

When you sign up for Even Pay Protection, you agree to pay a regular fee for a subscription to an automatic money management service. In certain cases, your employer may pay the cost of using Pay Protection, so the subscription is free for you. This Agreement also allows us to move money into and out of your account.

For as long as you are subscribed to Pay Protection, we will debit your account or invoice your employer for a regular subscription fee. Should you stop working for an employer that pays the cost of using Pay Protection, you will become responsible for paying the subscription fee, and we will debit your account $3 every Friday. We will warn you about this in the app before it happens.

The subscription fee is how we make money. It is the only way we make money.

When Even moves money into or out of your account, we do so because you’ve subscribed to a service that automatically manages your money to provide you with more regular income.

Pay Protection

When we provide you with more regular income, we call it Pay Protection. Pay Protection works by calculating a number, called your Even Pay, that is based on our system’s prediction of your future paychecks. Your Even Pay is like an average – sometimes your paychecks will likely be higher than your Even Pay, and sometimes they will be lower. Later in this document, we’ll talk about the actions that Even takes when your paycheck is lower or higher than your Even Pay.

Even connects to your bank or credit union account to determine your Even Pay. When you sign up for Even, we ask you to sign into your bank or credit union account.

When you sign up for Even, you agree to grant Even access to your account transaction history. We use your transaction history to determine your income and expenses. By agreeing to use Even, you are also agreeing that you are responsible for keeping your passwords for your bank or credit union secure, and for keeping those passwords up to date in the Even app.

Receiving Money from Even

There are a few different times that Even will move money in and out of your account.

When you have a paycheck that is lower than your Even Pay, Even will advance you enough money to cover the shortfall. We do not charge any interest for this advance, and your Even subscription fee does not change if you get an advance from Even.

Even’s system limits the number of advances you can receive. If you have reached the advance limit, we will notify you in the app when you receive your last advance. You won’t be able to receive any additional advances until you have fully paid one off, either with a manual payment, or by receiving paychecks that are higher than your Even Pay.

Paying Even Back

Any advance you receive will always be repaid in four or fewer installments. These installments happen automatically when you have a paycheck that is higher than your Even Pay. We never require you to repay an advance when you’ve had a paycheck lower than your Even Pay.

If you would like to repay an advance before you have a paycheck higher than your Even Pay, you can always elect to pay us back early. You can do this by sending a request within the Even app.

Adjusting Even Pay

Sometimes, we need to adjust your Even Pay.

If Even’s system detects a long term change in your average paychecks, we will adjust your Even Pay. If you have been earning more money than average, this change is voluntary – lots of people choose to keep their Even Pay the same, so that they save more money each week. If you have been making less money than average, we will notify you of the change one paycheck in advance, so it’s easier for you to plan ahead for your new number.

Pausing Pay Protection

If you lose your job, you can pause Pay Protection for up to six months while you find new work.

Here’s how pausing works:

Canceling Your Pay Protection Account

You can request to cancel your subscription to Pay Protection at any time, by switching Pay Protection off in the app, by notifying an Even Advisor in the app (“in-app notification”), or by email at support@teameven.com. If you do not currently owe money to Even, your subscription is canceled immediately. If you owe money to Even, your subscription payments stop when you have fully repaid your balance. We do not charge interest on the balance and you will only be required to repay the exact amount of the balance. See “Collecting an Outstanding Balance” for the details of how this works.

By signing up for Even, you acknowledge and agree that your relationship with Even ends when you and Even are settled up, not when you request to cancel your subscription.

Cancellation by Even

Just like you have the right to cancel, we have the right to cancel your use of Even.

We may terminate this Agreement or suspend or terminate your use of the application for any reason at any time upon notice to you. For example, this can happen if we find out you are using Even in a way that violates this Agreement. It can also happen if we have attempted to contact you by in-app notification regarding repayment and have not received a response. In the event of cancellation, Even may suspend or close your Even account. We will inform of our decision via in-app notification, and you can always talk to our support team if you have questions. If you owe money to Even, your subscription payments stop when you have fully repaid your balance. If your employer was responsible for your subscription at the time your account was paused or cancelled, no subscription payments will be withdrawn from your account. See “Collecting an Outstanding Balance” for the details of how this works. You agree that Even will not be liable to you or any third-party for any termination of your access to the Services.

Collecting an Outstanding Balance

We really want to make it as easy as possible to pay us back when you leave Even, but we also want to make it clear what we can and can’t do to collect money that you owe us.

Before we can close your Even account, we first need to pay back any advances you owe to Even. We also need to pay any subscription payments that were unpaid during your use of Even. p This typically means that we split your balance owed into four payments on each of your next four paydays. That said, we are happy to work with you on building a plan that works best for you. You can talk to our support team if you have any questions about your options for repayment.

If we attempt to contact you about building a repayment plan and we do not hear back from you, we will send you an in-app notification informing you of the repayment plan and schedule that we will be following.

Your Even subscription continues until your balance is fully repaid.

Two things we won’t do: we won’t sell your debt to a collections agency. We also won’t report your debt to a credit bureau, or use it to hurt your credit score. Other than those two things, we will use the legal options available to us in order to collect the money you owe us.

Basically, we make it really easy to work with us when you need to leave Even, but we do need to collect the money you owe us before you go.

Make Things Right Guarantee

Even has something called the “Make Things Right” guarantee. This is how we protect you from any errors made by Even that result in third party fees.

We try to make sure that Even never causes you to lose money to bank or prepaid card fees. At the same time, we do know that mistakes happen. One example: we might charge your subscription fee during a time that your bank balance is low, causing your bank to charge you an overdraft fee. Under our “Make Things Right” guarantee, if you incur fees from a third party (like your bank) and these fees are solely caused by Even debiting or crediting your bank account, Even will refund those fees.

If this ever happens, we absolutely want to know, and we want to make it right. Notify us through the Even app – all we need is the date of the fee and the amount you were charged. Once we can confirm that information, we will refund the full cost of the fee.

As part of this guarantee, we need to have a few common sense limits. Of course, we will not refund fees that your bank charges that aren’t caused by Even. The guarantee is only valid if you have an active or paused Even account, or if you have notified us of your desire to close your Even account, and are completing a repayment plan. The guarantee is not valid if Even is in the process of cancelling your account (see “Cancellation by Even” for the details of when this would happen). Finally - Even can only refund up to a total of $5,000 in fees, per customer.

Ok, that’s all we have to say about getting started with Even. We also have to say a few things that guide your use of Even and protect Even – so a lot of the rest of this is more about us than you. It also, unfortunately, contains more legal language. So, if you have questions about these sections, you can always email us directly at support@teameven.com.

Your Use of Even Content:

To start, we need to define a couple of words we will use in this part of the Agreement – the term “Services” includes the Even website (www.even.com) and the services, features, content or applications offered by Even Responsible Finance, Inc., and “Content” includes any information, data, text, images, content, materials, software, and features generated, provided or otherwise made accessible on or through the Services.

Subject to the terms of this Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party’s rights.

We reserve the right (but do not have any obligation) to remove or block any Content from the Services or to remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all.

Even Rules of Conduct:

To protect Even, we need to define some rules that govern how you can use the Services and Content. As part of these rules, You promise not to: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You also promise not to (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive under this Agreement. You promise to abide by all applicable local, state, national and international laws and regulations.

As a condition of use, you promise not to use the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services. You must not (and must not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

  1. is unlawful, fraudulent or deceptive;
  2. you know is false, misleading, untruthful or inaccurate;
  3. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  4. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  5. impersonates any person or entity, including any of our employees or representatives; or
  6. includes anyone’s identification documents or sensitive financial information, except as explicitly permitted under this Agreement.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users or the public.

Disclosure and Consent to Electronic Communications:

By accepting these Terms, you understand and agree that you are entering into this Agreement electronically and that certain categories of information (“Communications”) may be provided by Even to you by electronic means (i.e., via email, through in-app notification, or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

Although Even reserves the right to provide Communications in paper format at any time, you agree that Even is under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing."' You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Services.

Timing of Communications. Any Communications will be deemed to have been received by you no later than 5 Business Days after Even sends it to you by email or in-app notification, whether or not you have received the email or retrieved the Communication from the app. An electronic Communication by email or in-app notification is considered to be sent at the time that it is directed by Even’s server to your email address or in-app inbox. You agree that these are reasonable procedures for sending and receiving electronic Communications.

Updated Contact Information. You agree to promptly update your Even account information if your email address changes so that Even may contact you electronically. You understand and agree that if Even sends you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Even will be deemed to have provided the Communication to you.

System Specifications. In order to access, view, and retain electronic Communications that Even makes available to you, you must have access to the following hardware and software requirements:

  1. An Android or iOS mobile device (such as tablet or smart phone) with a data plan;
  2. A connection to the Internet;
  3. A Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher. “Current Version" means a version of the software that is currently being supported by its publisher; and
  4. A printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form.

Consent to Short Message Service (SMS) Communications. As part of your consent to electronic Communications, you agree to receive SMS messages to each telephone number provided by you to Even regarding the Services. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow Even to contact you and to use the Services. As always, you agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.

Requesting Paper Documents. You have a right to receive Communications in paper form. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you. Even will provide paper copies free of charge. Requests to receive any paper copy may be made by mailing a written request to: Even Responsible Finance, Inc. 1904 Franklin St. 900, CA 94612

You may also email your request to support@teameven.com. We will provide a replacement Communication within fifteen (15) Business Days. In order for us to send you a paper copy of a Communication, you must have a current street address on file in your Even account.

Withdrawal of Consent to Electronic Communications. If you have registered an account with Even and you wish to withdraw your consent to have Communications provided electronically, you must stop using the services and deregister your Account by emailing Even at support@teameven.com or submitting a written request to: Even Responsible Finance, Inc. 1904 Franklin St. 900, CA 94612

Even reserves the right to terminate your Even account if you withdraw consent to future electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after Even has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by Even in its sole discretion.

Withdrawal of Consent to SMS Communications. If you have registered an account with Even and you wish only to withdraw your consent to have Communications provided via SMS, you may opt-out of receiving SMS from us at any time by texting the word 'STOP' to (510) 852-9149. You may also reply 'STOP' to any message you receive from us.' Upon receipt of your 'STOP' message, we will send you a SMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Even. If you need any assistance, you can always text the word 'HELP' to (510) 852-9149 or reply "HELP" to any message you receive from us. Upon receipt of your "HELP" message, we will respond with "STOP" instructions and a link to these Terms.

Reservation of Rights. Even reserves the right, in its sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which Even provides electronic Communications. Even will provide you with notice of any such termination or change as required by law.

Your Authorization for ACH Debits and Credits:

By signing up for Pay Protection and agreeing to these Terms, you authorize Even to electronically debit and credit your designated deposit account at your designated depository financial institution (your “Bank Account”) via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:

  1. Range of Acceptable Debit Amounts: $0 to $1000 per Business Day
  2. Frequency of Debits: Up to two times per Business Day

You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Even that you wish to revoke this authorization by calling (510) 852-9149 or emailing support@teameven.com. You must notify Even at least three (3) Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Even account. Failure to provide correct and complete information may make it impossible for Even to stop withdrawal of the preauthorized ACH transaction. You agree to indemnify and hold harmless Even from and against any loss incurred as a result of its withdrawal of a preauthorized ACH transaction from your Bank Account if any of the information relied upon in the stop payment order is incorrect or incomplete or as a result of its failure to withdraw a preauthorized ACH transaction for which a valid stop payment order is in effect. If you have followed the instructions in this section to notify Even of your desire to revoke ACH authorization at least three (3) Business Days before the scheduled debit date, Even will be liable for your losses or damages directly caused by our failure to stop any preauthorized ACH transaction. If we do not receive notice at least three (3) Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so.

You also acknowledge that the amount and frequency of each debit and credit may vary and that you waive your right to receive prior notice of the amount and date of each debit and credit.

In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.

Warranty Disclaimer:

You release us from all liability for your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification, Limitation of Liability, Termination:

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your misuse of, or access to, the Services or Content, violation of these Terms, or infringement by you (or any third party using your Even account or identity in the Services) of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00. Nothing in this section is intended to or shall invalidate or cancel the “Make it Right” guarantee, discussed above.

Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state courts in Alameda County, California, or federal court for the Northern District of California.

Arbitration:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Except as explicitly provided in this Agreement, any dispute or claim (whether or not such dispute or claim involves a third party), relating in any way to your use of the Services, Content, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement, the Services or the Content that cannot be resolved directly between you and Even shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the “Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration will take place in Alameda County, California unless the parties otherwise agree in writing. The arbitration will be conducted by a single arbitrator. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. If such costs are determined by the arbitrator to be excessive, Even will pay all arbitration fees and expenses.

The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and Even each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these Terms.


We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or Even and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”).

Except as explicitly provided in elsewhere in this Agreement, all claims you bring against Even must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section may be considered improperly filed. Should you file a claim contrary to this Section, Even may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Even first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim

Arbitration Restrictions:

You and Even agree that any arbitration shall be limited to the dispute between Even and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. These arbitration provisions will survive the termination of your relationship with us.

Exceptions to Informal Negotiations and Arbitration:

You and Even agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Even’s intellectual property rights; and (2) any claim for injunctive relief.

A few other miscellaneous things:

These Terms represent the entire agreement and relationship between you and Even. They supersede any other communications you have with us, such as by email or phone. If any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, but the rest of these Terms will stay intact. No agency, partnership, joint venture, or employment relationship is created under this Agreement, and neither you nor Even has any authority to bind the other in any way. The paragraph headings in these Terms are for convenience only and do not affect any provision’s meaning or interpretation.

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.

We work with some third-party companies, such as our partner banks, payments processors, and others. Even is not responsible for any errors of or damages caused by these companies. You can read more about who we work with in our privacy policy(www.even.com/privacy).

Additionally, since Even is an application for iPhone, Apple, Inc. (“Apple”) requires that we post something they call their “Device and Application Terms”. The most important thing to know is that this Agreement is an agreement between you and Even, not between you and Apple, and Apple is not responsible for the Services or any application related to them, whether accessed on a device provided by Apple or obtained through the Apple App Store (which application, in either case, will be referenced below as an “Application”). In addition:

  1. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  2. You will only use the Application in connection with an Apple device that you own or control;
  3. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  4. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  5. You acknowledge and agree that Even Responsible Finance, Inc., and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  6. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Even Responsible Finance, Inc., and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  8. Both you and Even Responsible Finance, Inc. acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  9. Both you and Even Responsible Finance, Inc. acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

Also, this Agreement is specific to the relationship between you and Even, so you cannot transfer any part of the Agreement between you and Even to anyone else, or assign any part of your relationship with Even to another person or organization.

If, at some point, we fail to enforce any part of these Terms, that does not mean we waive our rights to enforce this Agreement in the future. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing.

Finally – sometimes we may need to change these Terms. As an example, we might need to make changes if we add a new feature to Even. We will notify you by changing the revision date at the top of this page, and in some cases we will notify you directly, by email or by in-app notification. We encourage you to frequently review these Terms to ensure that you understand the terms and conditions that apply to your use of the Services. We will always be happy to answer any questions about these changes, and you can get in touch at support@teameven.com.

Phew, that’s it!

If you have any questions or concerns, please reach out, at support@teameven.com.