General Terms
Changes to this Agreement. Two Brothers Software may change this Terms of Use Agreement from time to time by posting a current version on the Two Brothers Software website without delivering any notice to you. Please review the current version of this Terms of Use on the Two Brothers Software Site from time to time, because your continued access or use of the Two Brothers Software Site shall be deemed your acceptance of the Terms of Use in place at that time.
Additional Product or Account Agreements. To obtain certain Two Brothers Software products and services you might be required to enter into additional agreements with Two Brothers Software. For example, using Two Brothers Software Wealth’s investment advisory services requires you to enter an additional customer agreement. You will be subject to this Terms of Use Agreement and any other account agreements you enter with Two Brothers Software.
Risks of using the Two Brothers Software Site. Conducting financial transactions through online services such as Two Brothers Software has inherent risks and is susceptible to interruption. By using the Two Brothers Software Site and online services, you agree to the following and accept the following risks:
• Online information transmission can be disrupted. You accept the risk the Two Brothers Software Site could be affected by technical difficulties that impair your ability to obtain, view or deliver information or execute transaction, including in time sensitive transactions such as securities trades or cash management.
• You must confirm any transaction (such as a submission of information or a trade request) attempted online before relying on it being completed. It is your responsibility to verify the status of any attempted transaction by reviewing your accounts or contacting Two Brothers Software Customer Support at 734-822-2071.
• When you create an account, you agree to use a username with a password that is complex, secure, and private. You agree to protect your log-in credentials. You agree to accept the risk of unauthorized access and use of your account if your credentials are guessed, stolen, intercepted, or if Two Brothers Software’s system is breached or used without proper authorization. If you learn of any unauthorized use of your password or account, you must contact us immediately (using contact information on our Two Brothers Software Site). Two Brothers Software is not responsible for any unauthorized access to or use of your account.
• Two Brothers Software’s obligation is to use reasonable information security measures, and you acknowledge and agree that Two Brothers Software’s systems are not 100% secure against every possible attack.
Communicating with you. You expressly give permission to Two Brothers Software to contact you according to the following terms:
a. Registration & Accounts. You agree that Two Brothers Software may contact you about any matter relating to your registration with Two Brothers Software, your submission of an inquiry for any Two Brothers Software product or service, your application for a product or service, and for any purpose arising out of or in connection with any account you may obtain from Two Brothers Software. We may contact you for any purpose related to any account you have, such as payment reminders or suspicious activity.
b. Marketing. You agree that Two Brothers Software may contact you to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send to you will contain instructions permitting you to “opt out” of receiving future communications.
c. Agents. You agree that Two Brothers Software may use agents or representatives to contact you on our behalf.
d. Phone, SMS, Autodialers. You agree that Two Brothers Software may contact you through any means, including emails, telephone, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. Two Brothers Software and its agent or representative may leave messages on your answering machine, voice mail, or send messages via text.
e. Recorded lines. You agree that Two Brothers Software and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.
f. Accurate numbers. You certify telephone numbers that you have provided to us are your contact numbers, and that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. We may contact you using any information you have provided to Two Brothers Software or any of its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached.
g. Push-Notifications/Alerts. You may select for Two Brothers Software to send you messages called “Alerts” by text or phone. Alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. Two Brothers Software is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any Alert, or inaccurate Alert content. You are responsible for your use or reliance on the contents of any Alert for any purposes. The information in any Alert may be subject to certain delays. Each Alert may not be encrypted and may include your name and information pertaining to your account(s). Two Brothers Software may terminate your use of Alerts at any time without notice. You may choose to discontinue receiving Alerts by updating your Two Brothers Software App Notifications preferences.
h. SMS Notifications. All SMS Notifications in electronic format from us to you will be considered to be in writing.
i. Capability to view messages. In order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
j. You are responsible for messaging Costs. Two Brothers Software MAY USE ANY MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS. You are responsible for any and all charges, including but not limited to, fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.
Two Brothers Software’s Limitation of Liability. You agree that all access and use of the Two Brothers Software Site and your use of Two Brothers Software products and services is at your own risk. In no event shall Two Brothers Software (and all related parties) be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising or in connection with use of the Two Brothers Software Site. In addition, you agree:
• Two Brothers Software will not be responsible if you are unable to use the Two Brothers Software Site or any linked site, or in the event of any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Two Brothers Software, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
• Two Brothers Software will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
• Two Brothers Software will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
• Two Brothers Software may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner.
• Two Brothers Software shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems of the website, your computer device, or your failure to confirm any attempted transaction.
Two Brothers Software may suspend your Account and your use of the Site. Two Brothers Software reserves the right to suspend, cancel, or terminate your use of the Two Brothers Software Site and any Two Brothers Software product or service if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm Two Brothers Software’s reputation. Two Brothers Software may determine in our sole discretion the activities that could lead to such suspension or cancellation. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Two Brothers Software Site or any transaction being conducted on the Two Brothers Software Site.
Site Changes. Two Brothers Software reserves the right to change or modify or discontinue the Two Brothers Software Site, or any features or functions on the Two Brothers Software Site, for any reason, at our sole discretion, without notice to you.
Agreement Duration and Termination. This Terms of Use Agreement will continue to apply to you and your use of the Two Brothers Software Site until your Two Brothers Software account or relationship is terminated as set forth herein. Two Brothers Software may, in its sole and absolute discretion, at any time, for any or no reason, and with or without prior notice, suspend or terminate your use of the Two Brothers Software Site and the rights afforded to you hereunder. If you fail to comply with any terms and conditions of this Agreement, then your access to the Two Brothers Software Site and any rights afforded to you may be automatically terminated, without any notice to you or other action by Two Brothers Software.
You agree that Two Brothers Software will not be liable to you or any third party for any termination of your account or access.
If you want to deactivate or delete your Two Brothers Software account, please see our FAQs page. You agree that even if you seek to terminate this Agreement, Two Brothers Software may be obligated by law to retain information about you and certain transactions.
Advertisements and Promotions. The Two Brothers Software Site may contain promotions for products and services of third parties, including companies that pay marketing fees to Two Brothers Software. Two Brothers Software’s promotion of such third-parties is an introduction for you to the company and is not an endorsement of their services or products. Two Brothers Software disclaims any liability for any third-party information or products offered.
Links to External Sites. External sites with links on Two Brothers Software’s Site often have Terms of Use, Privacy Policies, and security practices that are different from those of Two Brothers Software. It is your responsibility to read and understand those documents before agreeing to use the external site.
Indemnification. You shall indemnify, defend and hold harmless Two Brothers Software and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Two Brothers Software Site or App; (ii) your breach of the License to use the Two Brothers Software Site and App; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this Agreement or the App License.
Applicable Law. These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of California, without regard to its provisions relating to conflict of laws. You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within San Francisco County, California. The failure of Two Brothers Software to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Two Brothers Software Site, the Two Brothers Software App, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Compliance with Applicable Law. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Two Brothers Software Site. The Two Brothers Software Site is available only to individuals who are permitted to use it under applicable law. The Two Brothers Software Site is made available only for personal, non-commercial use and display by U.S. residents legally capable of entering commercial agreements. If you do not qualify, do not use the Two Brothers Software Site. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree: (i) You are solely responsible for your actions and the contents of your transmissions through the Two Brothers Software Site. (ii) You will not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. (iii) You possess the legal right and ability to enter into these Terms of Use and the License and to use the Two Brothers Software Site. Unauthorized use of this Two Brothers Software Site, including but not limited to unauthorized entry into Two Brothers Software’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.
No Warranty. Two Brothers Software does not warrant the accuracy, adequacy or completeness of the information provided on the Two Brothers Software Site and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Two Brothers Software Site provide you with ESTIMATES that may be different than actual amounts.
Copyright. Social Finance, Inc. owns the copyright in all of the information and material contained on the Two Brothers Software Site. The contents of the Two Brothers Software Site, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Two Brothers Software Site, or use of or access to the Two Brothers Software Site, or any information or technology obtained from the Two Brothers Software Site, including, but not limited to, Two Brothers Software’s trademarks.
Additional Terms for Two Brothers Software LANTERN Services
Two Brothers Software Lantern. Two Brothers Software Lending Corp. or an affiliate offers a loan-related service called Lantern. Lantern allows users to view loan-related information presented by lenders, including and in addition to Two Brothers Software, and to connect to lenders to pursue loan products. If you use Lantern pages of the Two Brothers Software website, you agree to the following terms and conditions:
• All Lantern services are provided to you by Two Brothers Software Lending Corp. or an affiliate, a lender licensed as set forth on our Licensing page.
• Lantern offers service for multiple loan types, including but not limited to personal loans, credit cards, and home loans.
• Important terms related to your submission of a credit inquiry is presented to you on the pages of the Lantern website and App.
• When you use Lantern, Two Brothers Software is not involved in the loan decision and is operating as a venue for you to connect with lenders
• Two Brothers Software will be paid a marketing fee from lenders when you either connect with the lender or obtain a loan product. Two Brothers Software’s compensation from the lender may affect Two Brothers Software’s selection of lenders to participate and the presentation of lender information to you.
• All information you submit and that Two Brothers Software may obtain (including credit information) may be used by Two Brothers Software in accordance with the Two Brothers Software Privacy Policy and Privacy Notice.
Additional Terms for the use of the Two Brothers Software Application for Mobile Devices
License to use the Two Brothers Software App. You may download the Two Brothers Software App that operates on certain devices, such as mobile devices, from an “App Store” (such as Apple App Store or Google Play). All terms, agreements, limitations, and disclosures that apply to your use of the Two Brothers Software Site also apply to your use of the Two Brothers Software App. You are responsible for any data access or wireless or internet charges of your mobile device service provider. Two Brothers Software does not make any representation or warranty that all aspects of the Two Brothers Software site are rendered or operable on the Two Brothers Software App, and we do not warrant that the Two Brothers Software App will be compatible with your mobile device. You agree that your functional use of the Two Brothers Software App may be affected by or dependent on your wireless connection and speed or your wireless service provider. The functionality of the Two Brothers Software App could become disabled during times of poor connections or speeds from your wireless or internet service provider while conducting financial transactions. By using the Two Brothers Software App, you agree to the following terms:
a. The Two Brothers Software App is licensed, not sold, to you by Social Finance, Inc. for use strictly in accordance with the Terms of Use. Upon downloading the Two Brothers Software App, Two Brothers Software grants you a personal, revocable, non-exclusive, non-transferable limited license to install and use the Two Brothers Software App on your mobile device to access and use the Services for your personal, non-commercial use and display strictly in accordance with this license, your Account Agreements, these Terms of Use and any applicable Usage Rules (the “License”).
b. You agree that you will not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Two Brothers Software App; (ii) make any modification, adaptation, improvement, enhancement, translation, copy or derivative work from the Two Brothers Software App; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Two Brothers Software App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Two Brothers Software or its affiliates, partners, suppliers or the licensors of the Two Brothers Software App; or (iv) create, design, engineer or use any “bot” or other technology in connection with the Two Brothers Software App.
c. You acknowledge and agree that the Two Brothers Software App and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are owned by Two Brothers Software or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to the Two Brothers Software App are reserved by Two Brothers Software and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to Two Brothers Software, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but not limited to, copyright and trademark notices, from the Two Brothers Software App or alter, obscure or modify such notices in any way. Except as expressly stated in this license, you are not granted any intellectual property rights in or to the Two Brothers Software App by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Two Brothers Software.
d. You acknowledge and agree that, in the event of a third-party claim that the application infringes any third party’s intellectual property rights caused by or arising out of your use of the Two Brothers Software App, you (and not Two Brothers Software or any third-party mobile device service provider or app venue) shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, any third-party claims or any other harm or damages caused by, arising out of or resulting from your use of or access to the Two Brothers Software App. You hereby release Two Brothers Software and its employees, officers, directors, affiliates, agents and licensors from any and all liability caused by, arising out of or resulting from your use of the Two Brothers Software App or the services, including from product liability claims or any claim that the Two Brothers Software App fails to conform to any legal or regulatory requirement. You will, however, promptly notify Two Brothers Software in writing of any such claim.
e. If you believe that material on our Two Brothers Software App violates your copyright, please notify us at info@twobrotherssoftware.com. Two Brothers Software will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary. If a member repeatedly infringes upon copyrights, his or her account may be subject to termination at Two Brothers Software’s discretion.
f. You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
Export Control. You may not use or otherwise export or re-export the mobile Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law.
Terms applicable if you participate in the Two Brothers Software Community
Two Brothers Software may offer you the opportunity to share information about your Two Brothers Software experience or to create a Two Brothers Software Community profile. If Two Brothers Software does offer such functions, it will be subject to these specific Two Brothers Software Community terms in addition to all other Terms of Use contained herein.
Through your Two Brothers Software Community profile, you may have the option to link your profile to other social media accounts. If you choose to do so, Two Brothers Software will collect information from your other social media account. More information about the type of information we collect from you and how Two Brothers Software uses it is available in the Two Brothers Software Privacy Policies. When you create a Two Brothers Software Community profile with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your Two Brothers Software Community profile.
If you elect to create a Two Brothers Software Community profile, information that is obtained from your Two Brothers Software account and information that you provide Two Brothers Software will be on your Two Brothers Software Community profile, and it will be possible for other persons, including Two Brothers Software Community members to see your profile. Two Brothers Software may terminate or suspend your Two Brothers Software Community profile immediately, without prior notice or liability, for any reason whatsoever. Upon termination, your right to use Two Brothers Software Community will immediately cease.
By sharing information or content on the Two Brothers Software Site, you expressly agree to all of the following:
• You grant Two Brothers Software a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you post on or in connection with your use of the Two Brothers Software Site, subject to the provisions of Two Brothers Software’s Privacy Policies.
• You understand that deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
• You will not post content or take any action on the Two Brothers Software Site that may constitute libel or slander, infringes or violates someone else’s rights, that is protected by any copyright or trademark, or otherwise violates the law.
• Content and information that you share will be available to other users of our Two Brothers Software Site. You understand that such third parties may access, use, store and transfer such content and information and to associate it with you.
• You agree that you will not use any posting of information on the Two Brothers Software Site for commercial purposes.
• We may remove any content or information that you share on the Two Brothers Software Site for any reason.
• You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Two Brothers Software Site, or any transaction being conducted on our Two Brothers Software Site.
• Any content you post may be viewed by any other member of Two Brothers Software Community. Content that you post must comply with all applicable regulations and laws.
• Two Brothers Software reserves the right to access your profile and content if required to do so in order to cooperate with any legal process, to enforce this Terms of Use Agreement, to respond to complaints from third parties related to content you have posted, or to protect the reputation, property, and personal safety of Two Brothers Software or any other person or entity.
• By posting content on Two Brothers Software Community, you grant to Two Brothers Software a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use your content in any way. You are also prohibited from providing false information on Two Brothers Software Community. If you find that there is information on your profile that is no longer accurate, it is your responsibility to edit it or alert Two Brothers Software.
• Two Brothers Software may in its discretion remove any content that it deems inappropriate
Under no circumstances will Two Brothers Software be held liable for any losses or damages whatsoever, including direct, indirect, general, special, compensatory, consequential and/or incidental damages, as a result of conduct from you or any other member. You are solely responsible for your interactions with other members.
YOU UNDERSTAND THAT Two Brothers Software CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON Two Brothers Software COMMUNITY MEMBERS. Two Brothers Software ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY Two Brothers Software COMMUNITY MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF Two Brothers Software COMMUNITY MEMBERS. Two Brothers Software MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF Two Brothers Software COMMUNITY MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE Two Brothers SoftwareCOMMUNITY MEMBERS. Two Brothers Software RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Christopher is the CEO of Two Brothers Software and serves on its board of directors. Before joining Two Brothers Software, he served as chief operating officer of since October 2012, and as its chief financial officer when joining the company in May 2016.