Terms of Service

Effective Date: March 20, 2023

Introduction

These Terms of Service ("Terms", "Terms of Service") provide rules and guidelines that govern access to or use by our customers, prospects, registered users, business partners, and others with whom we do business (“you” or “your”) of the OneEthos Website, OneEthos Impact Banking products and services, and other products and services (collectively, the “Services”) provided by OneEthos Inc. (“we”, “us”, “our”, or “OneEthos”).

By accessing and using the Services, you agree to comply with these Terms. These Terms will apply each time you access or use the Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are so authorized to agree on behalf of that organization or entity.

We may update or change these Terms at any time in our discretion. If we make any changes to these Terms that we deem to be material, we will make a reasonable effort to inform you of such change. If you object to a change, your exclusive remedy is to cease any and all access and use of the Services.

Accounts

Accessing certain Services may require you to create an account (“Account”) with us. When you create an Account, you guarantee that you are above the age of 18 and are providing true, accurate, and complete information about yourself and your use of the Services. You agree not to misrepresent your identity or any information that you provide for your Account, and to keep your Account information up to date at all times. It is your responsibility to maintain access to your Account; you may never share your Account information with a third party or allow any other application or service to act as you.

Compliance with Applicable Law

When using the Services, you agree to abide by all applicable local, state, national, and international laws. You also confirm that you, your business, your employees, your service providers, and any others acting on your behalf adhere to all applicable laws, especially those pertaining to financial data, data protection, privacy and data security.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws applicable to you, including without limitation, the rules and guidelines of any system or network that facilitates payments and any security requirements as may be applicable to you.

Privacy and Personal Data

You can view our Privacy Policy here. You agree to the terms of the Privacy Policy and that we may use and maintain your data according to the Privacy Policy, as part of your use of the Services.

Security

You are responsible for securely maintaining your Account information. You agree to notify us promptly here in the event of any breach of security or unauthorized use of your Account.

Prohibited Conduct

You agree that you will not:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services contained therein;

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;

  • Use the Services in a manner inconsistent with any applicable laws or regulations;

  • Delete the copyright or other proprietary rights notice from any of the Services or content contained therein;

  • Attempt to impersonate another user or person or use the username of another user;

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Services;

  • Attempt to gain an unauthorized access to any portion of the Services;

  • Copy or adapt the Service’s software;

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or content for any revenue-generating endeavor or commercial enterprise;

  • Use, disclose, or retain any “nonpublic personal information” (as defined under the Gramm-Leach-Bliley Act) or “personal information” (as defined under the California Consumer Privacy Act) other than in strict compliance with applicable law;

  • Use, disclose, or otherwise process any “personal data” (as defined in Regulation (EU) 2016/679 (General Data Protection Regulation)) other than in strict compliance with applicable law;

  • Access or use the Services to infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity;

  • Access or use the Services for any purpose other than for which it is provided by us, including for competitive evaluation, spying, creating a substitute or similar services to any of the Services, or other nefarious purpose;

  • Scan or test (manually or in an automated fashion) the vulnerability of any OneEthos infrastructure without express prior written permission from OneEthos;

  • Breach, disable, interfere with, or otherwise circumvent any security or authentication measures or any other aspect of the Service;

  • Overload, flood, or spam any part of the Services;

  • Modify, translate, or otherwise create derivative works of any part of the Services; and

  • Access or use the Services in a manner that violates any agreement between you or the end user and OneEthos.

Suspension and Termination

We reserve the right to withhold, refuse, or terminate access to the Services in whole or in part where we believe the Services are being accessed or used in violation of these Terms or any other OneEthos agreement, including OneEthos agreements with any third party partners or data sources of OneEthos (each, a “Partner”), or where use would pose a risk of harm, including reputational harm, to us and our infrastructure, data, Services, users, customers, or partners.

We will use reasonable efforts to notify you via email or other method when deciding to withhold, refuse, or terminate access to the Services. We may immediately suspend or terminate access without notice if appropriate under the circumstances, such as when we become aware of activity that is a violation of any applicable law or when we determine, in our sole discretion, that harm is imminent.

OneEthos will not be liable for any damages of any nature suffered by you or any third party resulting from our exercise of our rights under these Terms or under applicable law.

Not a Financial Planner

Neither OneEthos nor the Services are intended to provide legal or financial advice. OneEthos is not a financial planner. The Services are intended only to assist users in financial decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

Intellectual Property

The Services and its original content, features, and functionality are and will remain the exclusive property of OneEthos and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Third-Party Links

Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless OneEthos and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall OneEthos, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third-party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

The information contained within our Services is for general information purposes only. Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

OneEthos, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Reporting Violations

If any person becomes aware of a violation of these Terms, we request that you immediately notify us here. We may take any appropriate action -- including reporting any activity or conduct that we suspect violates the law to appropriate law enforcement officials, regulators, or other appropriate third parties -- in our sole discretion in respect to such violations.

Miscellaneous

The failure by you or OneEthos to exercise in any respect any right provided for herein or in any other agreement you may have with us shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Contact

If you have questions or concerns please contact us here.