SmartFinanceNerd LLC
Terms of Use
These Terms of Use ("Terms") are a binding legal agreement between you and SmartFinanceNerd LLC ("we," "us," or "our"), which operates the SmartFinanceNerd website and related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
1. Eligibility and Authority
You must be at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher) and able to form a binding contract to use the Service. If you use the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" includes that entity.
2. Description of the Service
The Service provides financial calculators, educational articles, optional account features, and paid subscription workspaces (such as expense tracking). Features, pricing, and availability may change at any time, with or without notice. We may offer beta or experimental features that are provided "as is" and may be modified or discontinued without liability.
3. Accounts, Security, and Subscriptions
3.1 Registration
You agree to provide accurate, current, and complete registration information and to update it as needed. You are responsible for all activity under your account and for safeguarding credentials. Notify us promptly at contact@smartfinancenerd.com if you suspect unauthorized access.
3.2 Paid plans
Paid subscriptions, billing intervals, renewals, taxes, and cancellation mechanics are presented at checkout and in your account settings. By subscribing, you authorize us and our payment processors to charge applicable fees using your selected payment method. Except where required by applicable law, all fees are non-refundable and non-creditable.
Subscriptions renew automatically at the end of each billing period unless you cancel before renewal through account settings or as otherwise described at checkout. Price changes will apply to subsequent renewal periods after notice as required by law.
3.3 Free tier
We may offer free access with usage limits. We reserve the right to modify or discontinue free features at any time.
4. Acceptable Use
You agree not to, and not to permit others to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Provide false, misleading, or fraudulent information;
- Access or attempt to access accounts, systems, or data without authorization;
- Interfere with or disrupt the Service, including via malware, denial-of-service, or excessive automated requests;
- Scrape, crawl, harvest, or copy the Service or its content except as expressly permitted by us in writing;
- Reverse engineer, decompile, or attempt to derive source code from the Service except to the extent such restriction is prohibited by law;
- Circumvent access controls, rate limits, or subscription entitlements;
- Use the Service to provide competing products or services without our prior written consent;
- Upload or transmit content that infringes intellectual property, privacy, or publicity rights, or that is defamatory, harassing, or harmful;
- Use the Service in any manner that could expose us or others to liability or harm.
We may investigate violations and cooperate with law enforcement. We may suspend or terminate access immediately for conduct we believe violates these Terms or poses risk to the Service or others.
5. Your Data and Content
You retain ownership of information and content you submit ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and use User Content solely to operate, secure, improve, and provide the Service and as described in our Privacy Policy.
You represent that you have all rights necessary to submit User Content and that it does not violate any law or third-party rights. You are solely responsible for the accuracy of financial data you enter and for backups of important records. We are not obligated to retain User Content after termination.
6. Intellectual Property
The Service, including software, design, text, graphics, logos, and compilation of content, is owned by SmartFinanceNerd LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license below, no rights are granted to you.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
7. Third-Party Services
The Service may integrate with or link to third-party services (including payment processors, authentication providers, and analytics). Third-party terms and privacy policies govern your use of those services. We do not control and are not responsible for third-party content, availability, security, or practices. Your dealings with third parties are solely between you and them.
8. Disclaimers
Some jurisdictions do not allow exclusion of implied warranties; in those jurisdictions, the above exclusions apply only to the maximum extent permitted by law.
9. Limitation of Liability
The limitations in this Section apply only to the extent permitted by applicable law. Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold harmless SmartFinanceNerd LLC and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right. We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
11. Release
To the fullest extent permitted by law, you release SmartFinanceNerd LLC from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties or with decisions you make based on the Service. If you are a California resident, you waive California Civil Code § 1542 to the extent permitted by law (which states that a general release does not extend to claims the releaser does not know exist).
12. Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you violated these Terms, pose a security risk, or if required by law. Upon termination, your license ends and we may delete account data subject to our Privacy Policy and legal obligations.
Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions) will survive termination.
13. Copyright Complaints
If you believe content on the Service infringes your copyright, send a notice to contact@smartfinancenerd.com with: (a) identification of the copyrighted work; (b) identification of the material claimed to be infringing and its location; (c) your contact information; (d) a statement of good-faith belief; (e) a statement under penalty of perjury that your notice is accurate and you are authorized to act; and (f) your physical or electronic signature. We may remove or disable access to alleged infringing material and terminate repeat infringers where appropriate.
14. Dispute Resolution; Governing Law
14.1 Informal resolution
Before filing a claim, you agree to contact us at contact@smartfinancenerd.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
14.2 Binding arbitration
Arbitration will take place in New Castle County, Delaware, or another location mutually agreed, or by video/telephone if permitted by the rules. The arbitrator may award relief available in court to an individual. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class action waiver
14.4 Opt-out
You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing contact@smartfinancenerd.com with subject line "Arbitration Opt-Out," your name, and the email associated with your account. Opt-out does not affect other provisions of these Terms.
14.5 Governing law and venue
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. If arbitration does not apply to a dispute, you and we consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue or inconvenient forum.
14.6 Time limit
Any claim arising out of the Service or these Terms must be filed within one (1) year after the claim accrued; otherwise, the claim is permanently barred to the fullest extent permitted by law.
15. Export and Sanctions
You may not use or export the Service except as authorized by U.S. law and the laws of the jurisdiction in which you reside. You represent that you are not located in, under the control of, or a national or resident of any country or person subject to U.S. government embargo or sanctions lists.
16. Force Majeure
We are not liable for any failure or delay due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or hosting failures, governmental action, or third-party service outages.
17. Changes to These Terms
We may modify these Terms at any time by posting the updated version on this page and updating the effective date. Material changes may be communicated through the Service or by email where appropriate. Your continued use after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Service.
18. General Provisions
- Entire agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Service and supersede prior agreements on the subject.
- Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
- No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Electronic communications: You consent to receive communications electronically and agree that electronic agreements and notices satisfy legal writing requirements where permitted by law.
- U.S. government users: The Service is a "commercial item" as defined in FAR 2.101 and is provided with only those rights set forth in these Terms.
19. Contact
Questions about these Terms: contact@smartfinancenerd.com