IMPORTANT NOTICE: THIS CONTRACT INCLUDES A PROVISION REGARDING BINDING ARBITRATION. SEE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION BELOW.
You may be required to create an account and maintain a minimum balance to use certain parts of the Website or the MYRA App. When you create an account, you will be required to pick a username and a password. You may not disclose your user name or password to anyone. If you learn of any unauthorized use of your password or account, please contact us immediately.
The MYRA App is intended to be a supplement, not a replacement, to your online Website account or other MYRA accounts (your “Accounts”). All agreements and disclosures that you have entered into in connection with or that apply to your Account(s) with MYRA also apply to the MYRA App and your use thereof.
Use of the MYRA Services
You acknowledge and understand that certain MYRA Services, including, but not limited to your ability to conduct financial transactions or alter your portfolio or view your account balances, require data access or wireless internet capability. You agree that you are responsible for any charges incurred for any such data access or wireless internet.
The MYRA App is designed to be accessible on multiple types of Mobile Devices and operating systems, and the Website is designed to be accessible on multiple browsers and operating systems. MYRA does not, however, make any representation or warrant that the MYRA App will be compatible with your Mobile Device, that the Website will be compatible with any particular browser, or that either of them will work with any specific operating system version or any other hardware, software, equipment or device installed on or used in connection with your Mobile Device or the Website. You agree that your functional use of the MYRA Services may be affected by or dependent on your wireless connection and speed or your wireless service provider.
The functionality of the MYRA Services could become disabled during times of poor connections or speeds from your wireless or internet service provider while conducting financial transactions, including, but not limited to, when you are attempting to change your portfolio. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your Account or contacting MYRA Customer Support at Support@MyraWealth.com. You acknowledge and agree that neither MYRA nor any of its agents or licensors will have any liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems or your failure to confirm any attempted transaction.
Changes and Modifications
MYRA reserves the right to temporarily or permanently modify or discontinue the Website or the MYRA App, any portion of the Website or the MYRA App, or any services marketed, sole or promoted on the Website or the MYRA App for any reason, at our sole discretion, and without notice to you.
You acknowledge and agree that your use of the Myra Services is at your sole risk. To the maximum extent allowed under applicable law, the MYRA Services are all provided "AS IS," without warranty of any kind, and MYRA and its licensors, suppliers and service providers expressly disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The duration of any implied warranty that is not effectively disclaimed will be limited to the longer of (i) thirty (30) days from the date that you receive the applicable MYRA Services and (ii) the shortest period allowed under applicable law. Some states / jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Without limiting the generality of the foregoing, MYRA does not warrant the accuracy, adequacy or completeness of the information provided on the Website or MYRA App and expressly disclaims liability for any errors or omissions in such information. Calculators and tools on the Website or MYRA App provide you with ESTIMATES that may be different than actual amounts.
Use of Personal Data
You understand and agree that MYRA may use third party service providers to retrieve your personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers, including but not limited to Plaid Inc., retrieve financial information such as holdings, balances and transactions. You understand and agree that MYRA may use this personal data for our business purposes in a manner that is consistent with our Privacy Statement.
MYRA may use your personal data, user data and other information collected through the Website or MYRA App to help us improve the content and functionality of the Website or MYRA App, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales. MYRA may share your personal information with its affiliates.
MYRA may use your personal information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.
Under the Investment Advisers Act, MYRA may be required to maintain all your personal data for a minimum period of 5 years from the end of the fiscal year during which the last entry was made on such record.
You agree to receive SMS/text messages with service, transaction, account-related, and promotional news and alerts from MYRA to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using automated technology. Standard message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages, including charges from your mobile carrier.
If you elect to receive SMS notifications from us (“SME Notifications”), you agree as follows:
- In order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
- All SMS Notifications from us to you will be considered “in writing.”
- There is no service fee for SMS Notifications but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.
Push Notifications (“Alerts”)
MYRA is not liable for losses or damages arising from:
- Non-delivery, delayed delivery, or the erroneous delivery of any Alert.
- Inaccurate Alert content.
- Your use or reliance on the contents of any Alert for any purposes.
MYRA may terminate your use of Alerts at any time without notice. You may choose to discontinue receiving Alerts by updating your MYRA App Notifications preferences.
You agree that MYRA and our agents and representatives or anyone calling on our behalf may contact you on a recorded line.
Limitation of Liability
To the maximum extent permitted under applicable law, in no event shall MYRA be held liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in connection with the Website, the MYRA App, any MYRA Services or any linked site or the use of any of the foregoing, including, but not limited to, any damages arising out of any inability to use the Website, the MYRA App or any MYRA Services or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MYRA or representatives thereof are or have been advised of the possibility of such losses or damages.
To the maximum extent permitted by applicable law, in no event will MYRA’s aggregate liability for any claims relating to your use of the Website, the MYRA App or the MYRA Services, whether sounding in contract, tort or any other theory of liability, exceed, in the aggregate for all claims, the greater of (i) the aggregate fees, commissions or other amounts paid by you to MYRA during the one (1) year period before such liability first accrues (provided that if such liability first accrues less than one (1) year after you first start to use the Services, then such aggregate fees, commissions or other amounts shall be annualized by multiplying them by a fraction, the numerator of which is 365 days and the denominator of which is the number of days between your first use of the MYRA Services and the date that such liability first accrued) and (ii) $500.
Dispute Resolution By Binding Arbitration
You should read this section carefully and understand that it limits your rights in the event of a dispute between you and MYRA. You understand that you have the right to reject this provision as provided in the section entitled “opt out of arbitration” below.
Opt Out of Arbitration: You may opt out of the binding arbitration described in this section by sending MYRA written notice of your desire to do so by email at Legal@MyraWealth.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide MYRA with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to a Small Claims Action or to bring an action seeking only injunctive relief, as expressly set forth above.
Judicial Forum for Disputes: In the event that (i) you timely provide MYRA with an Arbitration Opt-out Notice; or (ii) this “Dispute Resolution by Binding Arbitration” section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You and we both further agree to waive our right to a jury trial.
Waiver of Right to Litigate: Unless you timely provide MYRA with an Arbitration Opt-out Notice, you acknowledge and agree that you and MYRA are each waiving the right to litigate claims through a court before a judge or jury. The parties hereby knowingly and voluntarily waive their rights to litigate such claims in a court before a judge or jury upon election of arbitration by any party.
Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution by Binding Arbitration” section. In the case of a conflict between the rules and policies of the administrator and this “Dispute Resolution by Binding Arbitration” section, this “Dispute Resolution by Binding Arbitration” section shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this “Dispute Resolution by Binding Arbitration” section.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Affidavit For Waiver of Fees for qualifying California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure: Unless you and MYRA otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and MYRA submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees: If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Appeals: Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the initial arbitration award (the “Underlying Award”) may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
MYRA Community Terms
Information Sharing and Social Features: You may have the opportunity to post comments or otherwise share content or information with members of the MYRA Community. If you do that, you acknowledge that nothing in any post or that you otherwise share will be private, and you further acknowledge and understand that information that identifies you, including, but not limited to, your name, email address, phone number, image, or other information that you provide via the Website or the MYRA App may appear with your post. By posting, providing or sharing information or content, you expressly agree to that disclosure of your information and to all of the following:
- Deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
- You will not post content or take any action on the Website or the MYRA App that may (i) be offensive, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, (ii) constitute libel or slander, (ii) infringe or violate someone else’s copyright, trademark or other rights, or (iii) otherwise violate the law.
- You agree that you will not use the MYRA Community, the Website or the MYRA App for commercial purposes, including but not limited to the promotion, sale, offer or provision of any product or service to anyone.
- You will not promote, resell, offer or otherwise in any way commercialize any of the products or services offered by MYRA.
- You will not solicit members with “junk mail” or “spam”.
- You agree that we and other members of the MYRA community may contact you using the contact information disclosed as described above.
- We may for any reason in our sole discretion remove any content or information that you share on the Website or the MYRA App.
MYRA reserves the right, but is not obligated, to monitor and review content you post. By posting content on MYRA Community, you grant to MYRA a perpetual, irrevocable, nonexclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to copy, publicly display, publicly perform, distribute and otherwise use your content in any way. You are also prohibited from providing false information to the MYRA Community. If you find that there is information on your profile that is no longer accurate, it is your responsibility to edit it or alert MYRA.
Upon creation of a MYRA Community profile, information that is obtained from your MYRA account and information that you provide MYRA will be on your MYRA Community profile, and it will be possible for other MYRA Community members to see your profile. This information is separate from information you may have provided in connection with a financial product or service made available to you by MYRA, including, but not limited to, student, personal or mortgage loans, investment advisory accounts or any related applications. Changes made to your MYRA Community profile will not be reflected in any existing or prior Accounts, nor will such data be used in any application review.
You understand that MYRA currently does not conduct criminal background checks or screenings on MYRA community members. MYRA also does not inquire into the backgrounds of MYRA community members or attempt to verify the statements of MYRA community members. MYRA makes no representations or warranties as to the conduct of MYRA community members. You are solely responsible for your interactions with other members. Myra reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
MYRA App End-User License
You agree that you are not authorized to and that you shall not (and shall not induce or enable any third party to) (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the MYRA App; (ii) make any modification, adaptation, improvement, enhancement, translation, copy or derivative work from the MYRA App; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the MYRA App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MYRA or its partners, suppliers or the licensors of the MYRA App; or (iv) create, design, engineer or use any “bot” or other technology in connection with the MYRA App.
Intellectual Property Rights of MYRA: You acknowledge and agree that the MYRA App, the Website and the MYRA Services (including but not limited to their “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), data compilations and other material), all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith, and all copies thereof (including but not limited to the copy of the MYRA App that you downloaded) are owned by MYRA or its agents or licensors, as applicable. All rights, title and interest in and to the MYRA App, the MYRA Website and the MYRA Services are reserved by MYRA and its agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content and other intellectual property (collectively, the “Intellectual Property”) are proprietary to MYRA and its agents or licensors. You may not remove any proprietary notices, including, but not limited to, copyright and trademark notices, from the Website, the MYRA App or the MYRA Services or alter, obscure or modify such notices in any way. Except as expressly stated in this license, you are not granted any intellectual property rights in or to the Website, MYRA App or the MYRA Services by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by MYRA. Your right to use the MYRA App, the Website and the MYRA Services are personal to you and may under no circumstances be assigned.
Export Control: You may not use or otherwise export or re-export the Website or MYRA App except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law.
Term: This License shall be effective until terminated.
Termination: MYRA may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder upon notice to you by email or other means. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by MYRA. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application.
MYRA’s Referral Programs
The following describes the terms that apply to participation in the referral or account opening promotional programs (collectively, the “Referral Programs”) currently offered by MYRA. If you wish to participate in any Referral Program described below, you agree to the terms for such Referral Program described below that address such program specifically, as well as the General Terms and Conditions below which apply to all Referral Programs.
Give Back Program:
The terms below and those set forth in the General Terms and Conditions govern your participation in the MYRA Give Back Program (the “Give Back Program”). The Give Back Program is open to all current MYRA users that wish to refer someone to open a MYRA account. MYRA users are encouraged to refer friends, colleagues, family members, and anyone else they believe may be interested in opening a MYRA account (the “Referrals”). Neither MYRA users, nor Referrals receive any monetary compensation under the Give Back Program.
General Terms and Conditions for all Referral Programs
Non-Solicitation Agreement: If you participate in any of the Referral Programs, you agree not to participate in any other solicitations for MYRA Services. Other than as set forth herein, you agree not to compensate or accept any compensation from applicants whom you refer to MYRA through any of the corresponding Referral Programs described above. You further agree that your activities will be limited to referring potential users as described above, so they may independently decide whether to apply. You may not collect information from eligible recipients under any Referral Program, assist with filling out an application, or discuss specific product terms.
No Spam: You must comply with all applicable laws and regulations in soliciting referrals. You may not purchase internet search terms or publicly advertise MYRA’s Services or name in any fashion. Further, any distribution of a referral link that could constitute unsolicited commercial email or “spam,” any content which impersonates or implies an affiliation with or endorsement by MYRA, or any actions which otherwise violate any terms or conditions imposed by MYRA, are prohibited and will be grounds for immediate termination from a Referral Program. Nothing in this paragraph is intended to in any way limit MYRA’s or any of MYRA’s rights or remedies for or relating in any way to any conduct prohibited hereunder.
Employment: Your participation in any Referral Program is solely as a user. Neither you nor MYRA intend to establish an employment relationship, and you are not entitled to any compensation or benefits.
The Referral Programs described herein replace all earlier versions of such MYRA referral programs. MYRA reserves the right to temporarily or permanently modify or discontinue the Referral Programs at any time, for any reason, at our sole discretion and without notice to you.