Please read the following Terms and Conditions (the "Terms and Conditions") carefully before using the Plootus website or the Plootus mobile application (collectively referred to as the "Services"), which are owned and operated by Analyze Future LLC and sometimes referred as "us" or, "we".
"You/you", "your" or "client/Client" refers to all visitors, users and others who access or use the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with the Terms and Conditions. The Terms and Conditions apply to all visitors, users and others who access or use the Services. By using the Services, you hereby represent and warrant that you accept, agree and bound by the Terms and Conditions. You may not use any of the Services and you may not accept the Terms and Conditions unless (i) you are legally authorized to accept and be bound by the Terms and Conditions and you are 18 years of age or in any event are of legal age to enter into a binding contract with Plootus.
By accessing or using the Services, you agree to be bound by the Terms and Conditions. If you disagree or decline to be bound by any Terms and Conditions, you may not access the Services.
Services Scope and Limitations
Scope: Plootus through Plootus application or/and website ("App" & "Website") provides the online services to assist its clients in making decisions about their finances. The App & Website provides information to you about investment allocation and ongoing portfolio rebalancing recommendation based on your current asset balance, contribution amount, future estimated expenses, investment strategy, planned retirement data and other factors. Plootus analyzes these and /or other factors to assist you in projecting how much you will need to retire. The Plootus App and Website help you determine how to make changes to your retirement contribution amount, investment strategy, retirement date or future expenses to achieve or get closer to your retirement goals. The Plootus app and website assist in estimating future expenses in the retirement period based on the information retrieved from your bank accounts, credit cards, mortgage, utilities, education plans, brokerage, retirement and similar accounts capturing income, expenses, assets, liabilities, net worth of the Client (collectively known as "Accounts"), and information provided by Client through the App & Website. Plootus also provides its Client a consolidated view of Client's income & expenses, assets & liabilities, net worth for the financial institutions linked by the Client to the extent provided by unaffiliated Third-Party Aggregator (s) (facilitate information retrieval from financial institutions such as banks, credit cards, investment accounts etc.).
You will be using Plootus' Services to provide insights to give you greater insights and assist you in making your life decisions which affects your finances. The utility of the Plootus Services is limited by the information you provide or that the Services retrieve from Third Party Aggregator/s or any other third party. Plootus shall not be responsible for any incomplete or inaccurate information provided by Client or retrieved from Third Party Aggregator or any other third party and you acknowledge that no liability shall accrue to Plootus in case any losses are suffered by you due to Plootus' Services that were provided based on such incomplete or inaccurate information. You agree to promptly update information pertaining you and your finances on the Plootus App and Website. This includes changes in your financial situation, strategy investment restrictions, new accounts and any other relevant factors.
Plootus shall not be responsible for, and does not recommend, endorse or validate in any way, the information, products and services on or available through Third Party Aggregator or your financial Institutions or any issues you may experience which pertains to your access to or use of your accounts at various financial institutions via Plootus App & Website or otherwise. The Plootus Services may contain links to third-party web sites or services that are not owned, operated or controlled by Plootus and/ or Analyze Future LLC. Plootus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Plootus shall not be responsible or liable, directly or indirectly, for any damage or loss caused by 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 web sites or services.
The information and content provided by or through Plootus app and or website is for informational purposes only, and is not intended to substitute for professional investment, legal or accounting advice. You must engage professional financial and legal advisors to assist you in using and implementing information obtained from the Plootus App and or the website.
Plootus, does not guarantee, warrant or represent that your use of Plootus Services will be free or errors or interruption. You hereby agree Plootus may periodically remove its Services for indefinite period of time or remove the services without notice to you. Plootus cannot anticipate any technical or other issues with our App & Website, Third party Aggregators, your financial institutions or the cloud platform Plootus uses. These technical or other issues may result in not saving of personalized assumptions or other data, user settings, etc. These issues may also impact the accuracy, timelines, transactions/assets/ liabilities categorization and other information provided through the App & Website. Plootus tries to maintain timely information concerning your latest transactions and balances. However, your financial institution may have more timely and accurate information compared to the Plootus App and Website.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE OF PLOOTUS SERVICES IS DONE AT YOUR SOLE RISK. THE SERVICE PROVIDED BY PLOOTUS IS ON "AS IS" AND "AS AVAILABLE BASIS" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Use of Plootus Services is discretionary. Plootus does not and will not accept custody of your assets. At all times your assets shall be held by an independent custodian ("Custodian") of Client's own choosing. The Plootus Services are not a substitute for your own informed judgments. You acknowledge that you are responsible for making all of your own investment decisions. The Services are intended to help you make informed choices. You are required to make any and all necessary changes as you deem fit.
App & Website Registration
You must first register through the App and Website to gain access to Plootus services. We may provide access through mobile, tablets, laptop or desktop or any electronic device capable of connecting to the internet and with computing abilities. You are required to create your profile and link your banks, credit cards, investments, IRA/ESRA and other accounts to facilitate complete profile creation.
1. Fees for the Service
The Plootus Services are provided free of charge.
Plootus reserves the right to change its fee structure at its sole discretion at any time. No change in fees charged to a Plootus client shall be effective without prior email notification sent at least thirty (30) days in advance.
2. Limited Power of Attorney
As a condition of using Plootus' Services, you hereby authorize us to access your linked banks, credit cards, brokerage, investments and other accounts and retrieve information from the Third-Party Aggregators or other third parties. Plootus may use and store the data, information and any content in accordance with this Agreement and our Privacy Statement. While accessing the third-party website, Plootus will act as an agent of the Client and not the third party. You represent that you are entitled to provide information or access to information to Plootus for the purpose of using Plootus' Services without any obligation on Plootus to pay any fees or be subject to any restrictions or limitations.
Plootus will make all reasonable efforts to secure data and avoid any data breach.
3. Investment Risks Acknowledgement
You understand that you may lose money and Plootus does not guarantee the future performance of your IRA/ESRA investments. You understand that investment allocation recommendations made by Plootus may not be similar to the investment allocation recommended by Client or another investment advisor under the circumstances. The investments are subject to various market, currency, economic, political, geopolitical, acts of terrorism, and business risks. You also understand that past performance is no guarantee of future results. The investment value of IRA/ESRA assets will fluctuate according to market conditions. You may contact your custodian anytime to change your asset allocation in your IRA/ESRA.
4. Legal Authority
By using the Plootus App and or Website you represent that you are authorized to enter into an Agreement with Plootus. Client's death, disability or incompetence shall not terminate this Agreement. However, your authorized representative may terminate this Agreement by giving proper notice of same to Plootus. In case of joint account, any joint account holder agreeing to the Terms made herein are agreed on behalf of all joint account holders and further agree that each joint account holder (a) is a Client; (b) has the requisite authority to act on behalf of the joint account and Plootus will accept such instructions relating to the Account from any one joint account holder; (c) is jointly and severally liable per the terms of this Agreement; and (d) that in the case of death of any of the joint account holders, all right and interest in the Account shall vest in the surviving account holder(s) under the same terms and conditions of this Agreement. The surviving account holder(s) shall promptly provide Plootus with written notice thereof and provide any documentation reasonably requested by Plootus in its ongoing management of the Account.
You may terminate your account with Plootus at any time by accessing your profile on the Plootus App and or Website and following the instructions to cancel your account with Plootus. Plootus may terminate this Agreement at its sole discretion anytime without any notice to you in the following cases:
(a) You breach or intend to breach the Terms and Conditions; (b) You fail to pay the requisite fees for the Services; (c) Plootus is required to do under any law, rule or regulation; (d) You misuse the Services as determined by Plootus at its sole discretion; (e) Plootus relies on data or services from third parties or another business relationship between Plootus and third party, and such relationship changes or terminates in such a way that it affects the Plootus ability to continue to provide its Services,; (f) continuing to provide the Services creates significant financial, operational or technical burdens for Plootus as determined by Plootus in its sole discretion; (g) continuing to provide the Services create Security risk for Plootus or its clients as determined by Plootus in its sole discretion.
Termination of this Agreement will not affect (a) the validity of any action previously taken by Plootus under this Agreement; (b) liabilities or obligations from transactions initiated before termination of this Agreement; or (c) your obligation to pay fees to Plootus that have already been earned under this Agreement. Upon the termination of this Agreement, we will not have any continuing obligation to take any action.
6. Electronic Communication between Plootus and Client
You hereby agree and consent to receive all communications electronically in connection with your Account. Communications will be sent to you at your email address on record for your Plootus account. You shall keep your email address up to date so that Plootus can communicate with you. You acknowledge that all communications sent to you at your email address on record with Plootus shall be deemed to have been delivered to you personally regardless of whether you actually received them. All of your communications to Plootus shall be made via the Plootus App or Website. You can update your email address at any time by accessing your Account.
You understand and acknowledge that Plootus is a Delaware corporation, with a place of business located in Orange Connecticut and that Plootus is licensed/registered with all of the appropriate regulatory jurisdictions that Plootus determines it has a duty to be licensed/registered. You understand and acknowledge that the Plootus is not engaged in the practice of law or accounting and that Plootus shall not provide any legal or accounting advice, and that Plootus shall not prepare any legal, tax, or accounting documents.
8. Non-Exclusivity of the Agreement
You understand that the Plootus assist other clients. You agree that the Plootus may provide assistance to other clients and that Plootus' recommendations for said clients may differ from the recommendations given to you by Plootus, or the timing or nature of action taken, with respect to your account.
9. Confidential Relationship
We may monitor or keep records of your communications with us in order to monitor the quality of our Service.
10. Amendments to this Agreement
Plootus may amend this Agreement at any time. The amended version shall be effective upon posting on Plootus' App or Website.
11. No Assignment
Client may not assign this Agreement without our prior consent in writing.
12. Governing Law
This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Connecticut, without reference to its choice of law rules.
If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, legality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
14. Indemnification and Limitation of Liability
The Client holds Plootus, its employees, directors, officers, Third-party Aggregators, consultants, agents, subadvisors, suppliers, any affiliate or third party (collectively "Service Providers") harmless from any and all loss including legal fees arising from your use of Plootus Services. In no event shall Service Providers be held liable for any indirect, special, incidental, consequential, or punitive damages (including, without limitations, those resulting from theft or loss of profits, data, use, goodwill, business interruption or other intangible loss) arising in connection with this Agreement, Client's use of the App or Website, the Service, or the internet (however arising, including negligence), whether based on warranty, contract, tort, or any other legal reason and whether or not Service Provider has been advised of the possibility of such loss or damages. The parties hereby waive all rights to obtain punitive damages in connection with any dispute arising under this Terms and Agreement.
You further acknowledge and agree that this Agreement specifically incorporates the limitation of liability and indemnification provisions set forth in the Terms and Conditions.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PLOOTUS' LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL FEES PAID BY YOU TO PLOOTUS IN THE TWELVE MONTHS PRIOR TO THE ASSERTION OF A CLAIM AGAINST PLOOTUS, ITS AGENTS OR REPRESENTATIVES, OR $100.00 (ONE HUNDRED UNITED STATES DOLLARS) WHICHEVER IS LOWER.
Plootus is not undertaking any fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, or other applicable law.
15. Arbitration Agreement
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Orange, CT, USA. The arbitration shall be governed by the laws of the State of Connecticut. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
PLOOTUS AND CLIENT(S) EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT client and Plootus ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY A JURY. IN ADDITION, CLIENT AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. Client AGREES THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Plootus, P.O. Box 123, Orange, CT, 06477. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Plootus' liability to Client for any cause whatever and regardless of the form of action WILL AT ALL TIMES BE LIMITED TO THE TOTAL FEES PAID BY YOU TO PLOOTUS IN THE TWELVE MONTHS PRIOR TO THE ASSERTION OF A CLAIM AGAINST PLOOTUS, ITS AGENTS OR REPRESENTATIVES, OR $100.00, WHICHEVER IS LOWER (ONE HUNDRED UNITED STATES DOLLARS).
16. Acknowledgement of Disclosure Statement
You hereby acknowledge receipt of Plootus' Privacy Notice at Account opening and can access anytime through the Plootus App or Website.
You hereby agree to notify Plootus in the event of a change in your email address.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS AND THAT UPON ENTERING YOUR NAME AND CLICKING THE "I AGREE" BUTTON ACCEPTS THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU HAVE RESOLVED ANY QUESTIONS ABOUT THE PROVISIONS IN THIS AGREEMENT PRIOR TO ENTERING INTO THIS AGREEMENT. YOU UNDERSTAND THAT TYPING YOUR NAME IN THE ELECTRONIC SIGNATURE FIELD BELOW AND BY CLICKING THE "I AGREE" BUTTON IS THE LEGAL EQUIVALENT OF MANUALLY SIGNING THIS AGREEMENT AND THAT YOU WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. YOU AGREE TO PERIODICALLY CHECK THE PLOOTUS APP OR WEBSITE FOR UPDATES TO THE TERMS AND CONDITIONS.IF YOU USE PLOOTUS MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU ARE ABLE TO ACCESS THE FULL FUNCTIONALITY OF OUR MOBILE APP, INCLUDING ANY DISCLOSURES THAT PLOOOTUS MAY PROVIDE.
Terms and Conditions ("Terms")
Last updated: (18 Nov 2017)