These are the terms and conditions for Envest mobile app (Available on Google Play and App Store) and website http://www.envest.co.
By using the platform, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refers to the Envest mobile app and website together, “we”, “us”, “our” and “Envest” refers to Envest and “you” and “user” refers to you, the Envest user.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Envest accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY INFORMATION FROM ENVEST.
- ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Envest. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to these terms and conditions when you use Envest after any such modification is posted; it is therefore important that you review this agreement regularly.
Platform access and registration is available to all ages. It is the responsibility of parents and legal guardians to determine whether any of the content is appropriate for their children or minors under guardianship.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Envest may, in its sole discretion, refuse to offer the platform to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
- ACCOUNT
Users will be able to register on the platform by providing a valid email address and choosing a password. Users can also register and open an account through their Google and Microsoft account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Envest of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without Envest’ prior authorisation. Envest will not be liable for any loss or damage arising from your breach of this agreement.
Users can cancel their accounts at any time and for any reason through the user’s account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Envest.
Envest reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Envest believes that you have violated any of these terms, provided Envest with false or misleading information, or interfered with any other party’s use of the platform or service.
- NOTIFICATIONS AND NEWSLETTER
By providing Envest with your email address, you agree that we may use your email address and phone number to send you notifications and other messages such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving notifications and mailings about news or special content.
- SUBSCRIPTIONS
Envest offers its services and delivery of insights through monthly paid subscriptions. Users will be able to access a 7-day free trial of our subscription before upgrading to a paid subscription. The user will be able to cancel the free period at any time before upgrading to a paid subscription. Once the trial period is over, the user will be automatically upgraded to a paid subscription. When a user purchases a subscription, Envest will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the start of the subscription. If the user does not receive the subscription start confirmation email, it is possible that it has been sent to their spam folder.
Subscriptions will be billed monthly on each monthly billing date. The price or total cost of the subscription may vary depending on the number of reservations the user receives through our platform. Envest will charge a value for each booking made through the platform by our users’ customers and will invoice the total value of the bookings made on each billing date.
In cases where the user starts the subscription at the beginning of the month, the user will be billed for the bookings received during that period of time through the platform on the next monthly billing date.
Subscriptions include automatic recurring payments. You authorize Envest to renew your subscription and to charge you periodically and progressively on each billing date according to the bookings received through the platform. On the corresponding billing date, you will be automatically charged the corresponding subscription fee according to the bookings received between the previous monthly billing date and the current billing date. The subscription will remain active until you cancel it or we terminate it. If you cancel a subscription, you will be charged the applicable subscription fee based on the bookings received between the previous billing date and the date you cancel the subscription. We will bill you for the subscription billing fee in the payment method you choose during the subscription registration.
Subscriptions will automatically renew for an additional period unless cancelled by the user. To cancel subscriptions, users must submit a cancellation request through our contact information or can access in the account settings, in the billing section.
- PAYMENTS
Subscriptions can be paid through the following payment methods:
- Credit/debit card (Visa, Master, Discover, Amex, Diners, etc.)
- PayPal
- Apple Pay
- Google Pay
Subscription payments will be processed through the payment processors available on the platform. Payment of the subscription fee will be automatically charged to your credit/debit card on each corresponding billing date and according to the invoice issued and sent by Envest. Once the payment for the corresponding subscription fee has been processed, we will send an electronic receipt to the user’s email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the Buyer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Envest reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the subscriptions.
- DISCLAIMER
By using our website and services and purchasing our subscription, the user declares and accepts that Envest, at no time guarantees profits or benefits for the use of the information available through the subscriptions and that the sale and purchase of shares and cryptocurrencies in the stock markets can be considered as a risky operation that may involve potential substantial losses of your investments in these markets.
Please note that Envest is not a registered investment advisor and does not provide personalized investment advisory services. Use of the content and information made available through the purchase of subscriptions and the submission of insights shall be the sole and exclusive responsibility of the users.
The user should understand that there are inherent risks of substantial capital or investment losses when trading stocks and cryptocurrencies. When the user accesses and uses our content in connection with transactions and trading in the foreign exchange and cryptocurrency markets, the user represents and agrees that investments and securities trading involve risks of capital and investment loss and that the user using our content is also exposed to such risks. By using our website and our content, the user declares and accepts the risks inherent in trading securities and cryptocurrencies and conducting transactions in the securities and cryptocurrency markets.
The securities and cryptocurrency markets are determined by supply and demand. The securities and cryptocurrency markets can be an unpredictable and volatile environment and prices can be highly speculative and subject to constant change by the market.
Trading stocks and cryptocurrencies should be considered a risky activity and therefore should not be traded without the necessary knowledge or experience. It is recommended that, before trading stocks and cryptocurrencies, the characteristics and risks inherent in these products should be known. The user should understand that there is a risk of loss when trading stocks if the markets move negatively against the user’s position. It is important that you consider the risks inherent in each product and choose the type of product that best suits your financial situation.
We do not warrant that the information available on the website and our subscriptions is accurate, complete or up to date. The content of this website is provided as general information and should not be taken as professional or financial advice and you are advised to consult other more reliable and accurate sources. Any use of the material provided on this website and subscriptions is at your own risk and responsibility.
Your use of the content available through the website and subscriptions must be based on your own due diligence and research, you agree that Envest is not responsible at any time, or under any circumstances, for the success or failure of your investments, transactions or trades that are directly or indirectly related to your use of our website and the use of the information provided through our subscriptions.
Do not trade or invest based solely on the information and content available through the platform and our subscription. By accessing and viewing any material or information within this platform and our subscription, you agree that it is informational and educational material and will not hold any person or entity liable for any loss or damage resulting from the use of the information or content provided by Envest through the website and our subscription.
Trading futures, options, cryptocurrencies and spot forex has great potential rewards, but also great potential risks. You must be aware of the risks and be willing to accept them to invest in these markets. Do not trade with money you cannot afford to lose. The content available through the website and our subscriptions, does not constitute a solicitation or an offer to buy/sell financial products or cryptocurrencies. There is no guarantee that any user will or can obtain profits similar to those set forth in the content available on the website and our subscriptions.
In the event that one or more users or any third party initiates any claim or legal action against Envest or any third party, each and every user involved in such claim or action releases Envest from any and all liability.
- LICENSE TO USE THE PLATFORM
Envest grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the platform and the functionality available on the platform. This license is for the sole purpose of allowing you to use and enjoy the functionalities available on the platform and our services, including the sending of insights, in the manner permitted by these terms and conditions. You may not copy, modify, distribute, sell or rent any part of the Platform or the software contained therein, or reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.
The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Envest platform or third parties.
Envest reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Envest believes that you have violated any of these terms or interfered with the use of the platform or service by others.
- COPYRIGHT
All materials on Envest, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Envest or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all materials on Envest are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Envest prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Envest or any part of the material for any purpose other than its intended purposes is strictly prohibited.
- COPYRIGHT INFRINGEMENT (DMCA)
Envest will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Envest respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Envest can find it on the platform.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
- PERSONAL DATA
Any personal information you submit in connection with the use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.
- PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Envest or licensed to the Envest by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or content obtained from or through the platform. In addition, the following activities are prohibited:
- Use the platform or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Envest.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the platform for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the platform into any other platforms or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Envest.
- Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
- DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Envest provides and maintains the platform on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free.
Our platform may from time to time contain links to other platforms which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those platforms.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Envest for any loss or damage caused as a result.
Envest will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Envest excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Envest and Envest shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the platform.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the
- Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Envest.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
- ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Envest for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
- THIRD PARTIES
Through your use of the platform, you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their platforms. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Envest provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Envest are in no way responsible or liable for any such third-party sites.
- INDEMNIFICATION
You agree to defend and indemnify Envest from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the Envest platform.
- CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
- ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Envest without restriction.
- INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Envest, shall constitute the entire agreement between you and Envest concerning and governs your use of the platform.
- DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Envest, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Envest may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of the United States, specifically the courts located in the State of Delaware, shall have jurisdiction over any dispute, controversy or claim relating to Envest and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of Delaware.
- FINAL PROVISIONS
These terms and conditions are governed by international law and specifically by the regulations of the United States. Use of the Envest platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
- CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us using the following contact information:
Envest Research Inc.
Email: [email protected]