Moneytree Software End-User Licensing Agreement (EULA)
This is a legal agreement (“License Agreement” or “Agreement”) between the Advisor (“Licensee”) and Moneytree Software, an Accutech Company (“Moneytree Software”). This agreement governs your access to the Site, selected software product, and all Licensed Content, media, and Services (collectively, the “Software”), provided by Moneytree Software. By digitally indicating acceptance by clicking a box, by accessing, or by otherwise using the Software, the Licensee acknowledges that you have read, understand, and agree to be legally bound by the terms of this Agreement, any future amendment, change, or any supplemental terms thereof. If you do not agree, you shall not use, visit, register or otherwise access the Site, the Software, and any Licensed Content contained on the Site. The Services are intended for use only by United States residents. You may not use the site and the services if you are not a United States resident. The Software is licensed, not sold.
Please also refer to Moneytree Software’s Terms & Conditions, found at https://moneytree.com/terms
Please also refer to Moneytree Software’s Privacy Policy, found at https://moneytree.com/privacy-policy
I) DEFINITIONS
“License” means an access license that grants a Licensee the right to use the Software and Services in accordance with this License Agreement. A License is purchased and subject to a Subscription Term.
“Licensee” or “you” or “your” means an individual advisor or company who has subscribed to the Services and is being granted licenses under this Agreement.
“License Agreement” or “Agreement” means these Terms of Service, and any other terms, conditions, rules, policies, agreements, and documents which are incorporated by reference into this Agreement made available to you by Moneytree Software through the Services.
“Licensed Content” means all text, images, photographs, illustration, videos, audios, tutorials, graphical content, displays, data, design, selection, and arrangement thereof, and other content licensed to you by Moneytree Software, and made available through the Services.
“Moneytree Software” means Moneytree Software, an Accutech Company, having its principal place of business being 115 S Walnut St, Muncie, IN 47305.
“Services” means the services provided via Moneytree Software’s proprietary Software as a Service (“SaaS”) technology, the Website, or Licensed Content for educational, financial planning, or other purposes.
“Subscription Term” or “Term” shall mean collectively the trial term (if any), the Initial Term and the Renewal Term, as those expressions are defined under section XI) Subscription Term, subject to expiration or earlier termination of this Agreement.
“Support Maintenance Agreement” means technical support, by telephone and/or email, and Software updates (for existing Desktop Licenses only) for the Subscription Term of a License. Unless specified by the License, this is included as part of the License.
“Website” or “Site” means the website currently located at https://moneytree.com and any related or successor website(s) thereto.
II) GRANT OF LICENSE
The Software is licensed, not sold. This License Agreement grants the Licensee a nonexclusive and limited license to use the Software solely in accordance with the terms and conditions of this License Agreement.
III) RESTRICTIONS
Licensee may not alter, merge, modify or adapt this Software in any way including disassembling or reverse engineering. The Licensee may not loan, rent, lease, or sublicense this Software in any way.
IV) COPYRIGHT
All intellectual property rights in the Software, Software documentation, and Software output are owned by Moneytree Software and are protected by United States and Canadian copyright laws, other applicable copyright laws, and international treaty provisions. Moneytree Software retains all rights not expressly granted. No part of this program, calculations, output, or reports may be used within or as a basis for any derivative work or product.
V) LIMITED WARRANTY
Moneytree Software warrants the media on which the Software is distributed is free from defect in materials and workmanship for sixty (60) days from the date of purchase.
Except as specifically provided herein, Moneytree Software makes no warranty or representation, promise or guarantee, either express or implied, statuary or otherwise, with respect to this Software or documentation, including quality, performance, merchantability, or fitness for a particular purpose.
The warranty and remedies set forth herein are exclusive and in lieu of all other, oral, written, express or implied. No Moneytree Software employee, agent, or distributor is authorized to make modifications or additions to this warranty.
VI) LIMITATION OF LIABILITY
Because the Software is inherently complex and may not be completely free of errors, the Licensee is advised to verify work and to make backup copies of client data. Projection results are based on information and assumptions provided by the Licensee and should be reviewed for accuracy and soundness. In no event shall Moneytree Software be liable to the Licensee or any party claiming through Licensee for any damages or expenses of any type, including but not limited to any indirect, special, incidental, economic, cover, or consequential damages arising out of the use or inability to use the Software, even if advised of the possibility of such damages. Except for Moneytree Software’s obligations set forth under the section VII) INDEMNIFICATION, Moneytree Software’s liability for damages in no event shall exceed the fee paid by the Licensee for the right to use the Software.
VII) INDEMNIFICATION
Moneytree Software will defend, at its expense, any action brought against the Licensee on a claim that the Software infringes on a United States patent, copyright, or trade secret and Moneytree Software will pay all damages and costs finally awarded against the Licensee in such actions, provided that Moneytree Software is promptly notified in writing of any such claim or suit, and Moneytree Software is given full authority, information and assistance necessary to control the defense and/or settlement of any such action. Moneytree Software shall not be liable for any costs or expenses incurred by the Licensee without prior written authorization from Moneytree Software.
Notwithstanding anything to the contrary in this License Agreement, in the event the Software becomes, or in the judgment of Moneytree Software, is likely to become, the subject of a claim of infringement, Moneytree Software may, at its discretion, either (a) obtain for the Licensee the right to continue using the Software, (b) replace/modify the Software to make it non-infringing Software with substantially comparable performance, or (c) immediately terminate this License Agreement.
Notwithstanding the foregoing, Moneytree Software shall not defend nor be liable for any claim of infringement to the extent such claim is based on or related to (i) the use or combination of the Software with any other software, data products, processes, or materials not supplied by Moneytree Software, (ii) any modification of the Software, (iii) the use of other than the latest available release of Licensed Software, (iv) the Licensee’s continuation of the activity or use constituting or contributing to the infringement after notification thereof from Moneytree Software, (v) any breach by the Licensee of any provision of this License Agreement, or (vi) any negligent act or omission by the Licensee.
VIII) USE OF SERVICES
The Licensee’s use of the Software is governed by the terms of this License Agreement. Only the Licensee is granted a non-exclusive, non-transferable, revocable License to access and use the Software and Services in accordance with this License Agreement. The Licensee may not transfer or share this License Agreement.
The Licensee acknowledges that all Software and Licensed Content are owned and remain exclusively with Moneytree Software, except for the limited rights licensed to the Licensee via this Agreement. All Moneytree resources including data storage facilities, engineering, development, and quality assurance are and will continue to be located exclusively within the United States.
A License grants the Licensee use of one (1) access key of the Software for each License owned.
The Software License may not be transferred by sale, gift, or loan without the express written consent of Moneytree Software. Any such transfer shall be considered a violation of this License Agreement resulting in the termination of the Software License.
Desktop Version(s):
Software updates for licensed software are available while the Licensee maintains an active subscription. Software updates attempted or performed outside the terms of a Support Maintenance Agreement may cause installed Software to cease operation permanently. Attempts to obtain Software updates outside the terms of the Support Maintenance Agreement voids the license to use the software.
IX) SUPPORT MAINTENANCE AGREEMENT
Upon the beginning of a Trial Period or Purchase, the Licensee is enrolled for complementary technical Software support, by telephone and/or email, and Software updates (for existing Desktop Licenses only), for the duration of the Subscription Term.
X) RETRIEVAL OF FINANCIAL INFORMATION
Moneytree Software utilizes account aggregation technology (MX Technologies, Inc.) to retrieve financial information from financial institutions selected by you the Licensee or your End-Users if the End-User provides the necessary financial account information to access the third-party financial institutions. Moneytree Software securely retrieves the requested financial information and connects the information into the Software.
XI) SUBSCRIPTION TERM
Trial Period:
Prior to purchasing the Software and its accompanied Services, prospective Licensees are encouraged to participate in a 14-day Trial Period to assess the suitability of the Software and Services to the Advisor’s needs. The Trial Period allows you to access the Software, enter real client cases, print the reports, and present them to your client. They will not in any way indicate “Evaluation” or “Sample”, so that they can be used with end clients prior to making a purchase decision.
Purchase Agreement:
Commencing on the day of your Purchase, whether it is preceded by a Trial Period or not, this License Agreement will begin and remain effective for the duration of the agreed upon Subscription Term, with the standard agreement being for a period of one year, billed annually. Alternative arrangements, such as multi-year commitments and/or varied billing frequencies, can be allowed exclusively upon an agreement between a Moneytree Software representative and the Licensee. The period commencing from the day of Purchase through the completed duration of the specified Subscription Term shall be known as the Initial Term. The Initial Term shall be automatically renewed for the same period at the end of the Initial Term and at the end of each subsequent renewal period (“Renewal Term”) for the agreed upon subscription fee unless the Initial Term or any subsequent Renewal Term is terminated prior to the Effective Renewal Date by providing Moneytree Software with written notice (by email below) at least thirty (30) days prior to the end of the Initial Term (or any Renewal Term) that you intend not to renew.
Depending on the Licensee’s affiliation to selected financial institutions or organizations (“Partners”), the Licensee may qualify for a discount on their License price. A discount is granted solely at the discretion of Moneytree Software and can be revoked at any time for any unspecified reason.
Billing Frequency:
A standard Subscription Term to Purchase a License is a period of one year, billed annually. Moneytree Software reserves the right to alter this standard Term and billing frequency for a Licensee, having a shared agreement that the duration of a Subscription Term be at least one year in length. Failure to fulfill the requirement of a one-year Subscription Term may result in an additional cancellation fee.
Price Changes:
Moneytree Software reserves the right to change the subscription fee for the Software and Services at any time without any reason. Price changes will take effect upon the completion of any Subscription Term and apply to the succeeding Subscription Term. Any change in subscription fees will be communicated to the Licensee at least thirty (30) days in advance so that the Licensee may make an informed decision regarding Renewal.
Refunds:
Following a Purchase or Renewal, Moneytree Software reserves the right to completely or partially approve or deny any request for a Refund. Any questions or requests for refunds may be submitted to accounting@moneytree.com.
XII) THIRD-PARTY SERVICES
The Licensee acknowledges that the Software may enable or assist you to access services from third parties (“Third-Party Services”). Should you opt to use the Third-Party Services, you will be subject to separate or additional terms of such Third-Party Services and may be required to enter into a separate agreement with the third party for the provision of the Third-Party Services. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to through the Software.
Moneytree Software utilizes a Third-Party Service (Maxio LLC) to issue and collect subscription payments from the Licensee. To the extent that the Licensee utilizes Maxio’s processing services, you accept and agree with Maxio’s Terms & Conditions.
The Third-Party Services are not under the behest of Moneytree Software, nor does Moneytree Software review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk. If at any time a Third-Party Service ceases to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
XIII) TRADEMARK NOTIFICATION
Moneytree Software, Moneytree Plan, Moneytree Advise, Money Tree Software, MONEYTREE, and MONEY TREE are Trademarks of Moneytree Software.
Updated: October 5, 2023