Terms of Use

Thank you for using Tovari! These Terms of Use ("Terms") are a binding agreement between you and Ewing Technology Partners, LLC, a Texas limited liability company doing business as Tovari Financial.

What "Tovari" means in these Terms

"Tovari" is the name of our product, and Tovari is a product of Tovari Financial. We present the product to you as "Tovari" in most places — in the app, in our emails, and in our app store listings — and as "Tovari Financial" in others. Both names mean the same product, from the same company, under these same Terms.

In these Terms:

• "Tovari" means the personal finance product provided by Tovari Financial, in every version and edition of it, however it is presented to you — whether as "Tovari," "Tovari Financial," "the Tovari app," or under any other name, mark, or logo we use for it.
• "Services" means Tovari together with everything we provide around it: our website at www.tovarifinancial.com (including our help documentation), the Tovari web application at app.tovarifinancial.com, our mobile apps (however they are listed in an app store), our emails and notifications, our support, and any other website, application, feature, or content we make available under the Tovari or Tovari Financial name.
• "Tovari Financial," "we," "our," and "us" mean Ewing Technology Partners, LLC, the company that provides the Services. "Tovari Financial" is that company's assumed name (DBA) — it is not a separate company, and neither "Tovari" nor "Tovari Financial" is or implies any provider other than Ewing Technology Partners, LLC.
• "you" and "your" mean the person or organization that holds a Tovari account or otherwise uses the Services.

These Terms apply to your use of the Services in full, whichever of our names, marks, domains, or app store listings you reached them through. Using a part of the Services that is branded only "Tovari" does not place it outside these Terms, and the branding of any particular screen, page, email, or listing does not limit, replace, or create any agreement other than these Terms.

Your agreement to these Terms

You agree to these Terms by creating a Tovari account, by clicking or tapping a button indicating that you accept them, or by otherwise accessing or using the Services. If you do not agree, do not use the Services. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes it.

These Terms contain a limitation of our liability and an agreement to resolve disputes by individual arbitration, and, in the disclaimer below, make clear that Tovari is not a financial advisor. Our Privacy Policy and Cookie Policy explain how we handle your information. If you violate these Terms, we may suspend or terminate your account.

Electronic communications

You agree that we may provide agreements, notices, disclosures, receipts, and other communications to you electronically — in the Services, by email to the address on your account, or by posting them on our website — and that these satisfy any legal requirement that such communications be in writing. Accepting these Terms in the Services is your electronic signature. To receive our communications you need a supported web browser or our mobile app and an email account; you can save or print them. You can withdraw this consent by closing your account. Please make sure you can receive email at the address on your account.

Eligibility and account terms

• You must be at least 18 years old, or the age of majority in your jurisdiction if that is older, and able to form a binding contract.
• The Services are offered only to residents of the United States, for use with accounts held at U.S. financial institutions. You may not use the Services if you are located in a country subject to U.S. sanctions or are on a U.S. government list of restricted parties.
• You must be a human. Accounts created by automated methods are not permitted.
• You must provide a valid email address and any other information requested to complete signup.
• You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to keep your account secure. We recommend using a strong, unique password and turning on two-factor authentication.
• You are responsible for all content posted to and activity that occurs under your account, and for compliance with applicable laws.
• You may not use more than one account, or more than one household, to obtain additional free trials.

Households

Tovari accounts belong to a household. The person who creates the household is its admin and can invite other people to join as members, up to the household size the app allows. Each person has their own sign-in and must accept these Terms.

• Every household member can see and change all of the household's information — linked accounts, balances, transactions, budgets and bills — link new accounts, export the household's data, and start a subscription.
• Only an admin can invite or remove members and delete the household. A subscription purchased on the web can be cancelled or resumed by an admin or by the member who started it.
• If a member is removed, their access ends and the information they added stays with the household.
• One subscription covers the whole household.
• Only invite someone you trust with your finances. You are responsible for the people you invite, and for making sure you are allowed to share each account you link with your household.

Linking your financial accounts

Tovari uses third-party providers, including Plaid Inc. ("Plaid"), to connect to your financial institutions and retrieve account, transaction, and investment data. When you link an account:

• You represent that you own the account or are authorized to access it and to share its data with us and with your household.
• You authorize us and Plaid, acting as your agents, to access your financial institutions on your behalf and to retrieve information about your accounts, solely to provide the Services to you. Your use of Plaid is also subject to Plaid's own terms and privacy policy.
• We do not control your financial institutions or Plaid, and we cannot guarantee that data retrieved through them is complete, accurate, or up to date. Balances, transactions, and categories shown in Tovari may differ from your institution's records, which are the authoritative source. You are responsible for verifying important figures against your bank or card statements.
• You can disconnect a linked account at any time in the app.

What Tovari is — and isn't

• Tovari is not a bank and never moves money. We don't hold funds, make payments, or transfer money between accounts. Features such as transfers, bills, entering a bill as paid, and automatic bill matching only record, match, or forecast transactions in your Tovari register — they never pay a bill or move money at your bank. Automatic matching can be wrong, and you remain responsible for paying your bills and monitoring your accounts.
• Investment information is for your information only. We are not a broker-dealer or registered investment adviser, and we don't recommend securities. Holdings, values, returns, and other performance figures are estimates calculated from the data available to us; they are not official statements and may differ from your brokerage's records. Tax-treatment labels on accounts are for organizing your information and are not tax advice.
• Notifications may be delayed or missed. Don't rely on Tovari as your only way to keep track of due dates or balances.

AI features

Some features use artificial intelligence, including suggested payees and categories and the in-app help assistant. AI-generated output is produced automatically, may be inaccurate or incomplete, and is not financial, tax, or legal advice. Review suggestions before relying on them. The help assistant answers questions about using Tovari; don't enter sensitive personal or financial information into it. If the assistant drafts a problem report for you, it is sent only if you choose to send it.

Acceptable use

You agree not to misuse the Services. Among other things, you may not:

• Use the Services for any unlawful purpose or to violate any law or regulation.
• Link or access a financial account you don't own or aren't authorized to access, or attempt to access any other data that is not yours.
• Probe, scan, or test the vulnerability of our systems or breach any security or authentication measures.
• Interfere with or disrupt the Services or the servers and networks that host them.
• Access the Services with bots, scrapers, or other automated means, except through features we provide for that purpose.
• Get around usage limits, subscription requirements, or free-trial limits.
• Misuse the help assistant, including by trying to make it reveal confidential information or produce harmful content.
• Share your sign-in with anyone else — each household member has their own.
• Reverse engineer, resell, or attempt to extract source code from the Services except as permitted by law.
• Upload or transmit malware, or use the Services to store or transmit content that infringes others' rights.

Subscriptions, free trials, and payment

Tovari is a paid subscription service. Using the Services requires an active free trial or paid subscription for your household, and one subscription covers the whole household.

Where you subscribe. You can subscribe on the web, where payments are processed by Stripe; in our iPhone app through the Apple App Store, where Apple is the seller and Apple's terms and payment rules also apply; or in our Android app through Google Play's billing system, where Google processes the payment and Google Play's terms and payment rules also apply. These Terms do not state prices. The price, billing interval (monthly or yearly), any free trial, and applicable taxes are presented to you before you subscribe.

Free trials. New subscribers may be offered a free trial, limited to one per household; its length is shown before you start it.

• On the web, we ask for a payment method when you start your trial. If a payment method is on file when the trial ends, your paid subscription begins and you are charged automatically. If no payment method is on file, the subscription ends and you are not charged.
• In the App Store, Apple charges your Apple Account when the trial ends unless you cancel at least 24 hours before it ends.
• In Google Play, Google charges the payment method on your Google account when the trial ends unless you cancel before it ends.
• We email you a reminder before a web or App Store free trial ends. For a Google Play trial, Google emails you before it ends.

Automatic renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR YEARLY), AND YOU AUTHORIZE US — OR APPLE OR GOOGLE, FOR SUBSCRIPTIONS BOUGHT THROUGH THE APP STORE OR GOOGLE PLAY — TO CHARGE THE THEN-CURRENT PRICE, PLUS ANY APPLICABLE TAXES, TO YOUR PAYMENT METHOD AT THE START OF EACH BILLING PERIOD UNTIL YOU CANCEL. For a yearly plan bought on the web, we email you a reminder about 30 days before it renews.

How to cancel.

• Web subscriptions: a household admin, or the person who started the subscription, can cancel in Settings → Billing, or anyone in the household can email support@tovarifinancial.com and we will cancel it. Cancellation takes effect at the end of the current billing period; you keep access until then and can resume before it ends. Deleting your Tovari account cancels a web subscription immediately.
• App Store subscriptions: cancel in your Apple Account's subscription settings. Deleting your Tovari account does not cancel an App Store subscription.
• Google Play subscriptions: cancel in Subscriptions in the Google Play Store app, or at play.google.com. Cancellation takes effect at the end of the current billing period, and you keep access until then. Uninstalling the app or deleting your Tovari account does not cancel a Google Play subscription.

Refunds. Except where required by law or stated in these Terms, payments are non-refundable, and we don't provide refunds or credits for partial billing periods. We may choose to issue a refund at our discretion. Refunds for App Store purchases are handled by Apple. Google Play purchases may also be refunded under Google Play's refund policies, and nothing in these Terms limits a refund Google gives you under them. If a subscription is refunded, access under it ends.

Price changes. Plans and prices may change. We will notify you in advance of a price increase that affects you; it takes effect at your next renewal, and you can cancel before then. App Store and Google Play price changes also follow Apple's and Google's rules, which may require you to accept a higher price before it applies to you.

Failed payments. If a payment fails, we or our payment provider may retry it. You keep access during a limited grace period; if the payment isn't completed, your paid access ends.

Complimentary access. We may offer free or promotional access at our discretion, on the terms we give you when we offer it.

When your trial or subscription ends

If your household's free trial or paid subscription ends and isn't renewed, your household is locked: you can still sign in to export your data, delete your account, or subscribe again, but the rest of the Services are unavailable. We keep your household's data for 45 days after paid access ends. We will email you when access ends and again about 30 days before the deletion date, and we will delete the household's data on or after the date in that notice. Subscribing again before then restores full access.

If your household never starts a free trial or paid subscription, we may delete it 3 days after the account was created.

Deleting your account, suspension, and termination

• Cancelling a subscription is not the same as deleting your account. A household admin can permanently delete the household and all of its data in the app at any time; our Privacy Policy explains what deletion removes and what we keep.
• We may suspend or terminate your account and refuse any current or future use of the Services if you violate these Terms, if your payment fails, if the law requires it, or if you use the Services in a way that may cause us or others legal liability or harm. If we discontinue the Services, we will give you reasonable notice and, where practical, a chance to export your data.
• Provisions that by their nature should survive termination — including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — survive.

Feedback

If you send us suggestions, ideas, or other feedback — including in problem reports — you agree we may use it without restriction or compensation to you. We handle the personal information in your reports as described in our Privacy Policy.

Intellectual property

"Tovari" and "Tovari Financial," together with our logos, marks, and branding, are trademarks of Ewing Technology Partners, LLC. We own the software, design, trademarks, and all other materials that make up the Services, except for the content you provide. These Terms do not grant you any right to use our names, logos, marks, or branding.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services, including our apps, for your own personal, non-commercial use. You retain all rights to the content and data you put into Tovari; you grant us the limited license needed to operate the Services and provide them to you.

Third-party services

The Services work with services we don't control, including Plaid, Apple, Google, Stripe, and your financial institutions. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them.

Apps downloaded from the Apple App Store

If you download our app from the Apple App Store, you and we acknowledge that:

• These Terms are concluded between you and us only, not with Apple, and we — not Apple — are solely responsible for the app and its content.
• Your license to use the app is a non-transferable license to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• We are solely responsible for providing any maintenance and support services for the app, as described in these Terms or as required by applicable law. Apple has no obligation whatsoever to provide any maintenance or support services for the app.
• We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar laws.
• If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent and warrant that (i) you are not located in a 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app — for example, you must not be in violation of your wireless data service agreement when you use it.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Please direct any questions, complaints, or claims about the app to:

Ewing Technology Partners, LLC (DBA Tovari Financial)
PO Box 63
Bowie, TX 76230
United States
Phone: +1 (940) 233-2958
Email: support@tovarifinancial.com

Apps downloaded from Google Play

If you download our app from Google Play, you and we acknowledge that:

• These Terms are solely between you and us, not Google. Google is not responsible for, and has no liability whatsoever under, these Terms.
• We, not Google, are responsible for the support and maintenance of the app and for any complaints about it. Please contact us, not Google, about any defect or performance issue with the app.
• Your use of Google Play, and any purchase you make through Google Play's billing system, is also subject to the Google Play Terms of Service and Google's payment terms.

Please direct any questions, complaints, or claims about the app to:

Ewing Technology Partners, LLC (DBA Tovari Financial)
PO Box 63
Bowie, TX 76230
United States
Phone: +1 (940) 233-2958
Email: support@tovarifinancial.com

Disclaimer of warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, error-free, or that data will be accurate or complete. You use the Services at your own risk.

Limitation of liability

In this section and the next, "Tovari Parties" means Ewing Technology Partners, LLC (doing business as Tovari Financial) together with its owners, members, managers, officers, employees, contractors, agents, and suppliers.

To the fullest extent permitted by law, in no event will the Tovari Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of (or inability to use) the Services — even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, the Tovari Parties' total liability for all claims combined arising out of or relating to the Services will not exceed one hundred U.S. dollars ($100) or the amount you paid for the Services — whether directly to us or through the Apple App Store or Google Play — in the twelve months before the first such claim arose, whichever is greater. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Tovari Parties from any claims, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

1. Informal resolution first

Before starting an arbitration or a small-claims case, you and we each agree to send the other a written notice of the dispute and to try in good faith to resolve it informally for 60 days. Send your notice to support@tovarifinancial.com with "Notice of Dispute" in the subject line, from the email address on your account; we will send ours to that address. The notice must include your name, the email address on your account, a description of the dispute, and the relief you are seeking. Any deadline for bringing the claim is paused during those 60 days.

2. Agreement to arbitrate

You and we agree that any dispute, claim, or controversy between you and us arising out of or relating to these Terms, the Services, your account, billing, privacy, or our relationship — whether based on contract, statute, tort, or any other legal theory — will be resolved by final and binding individual arbitration, except as described in "Exceptions" below. This agreement does not apply to any lawsuit or arbitration already filed, or to any dispute you had already told us about in writing, before you first accepted a version of these Terms containing this section. The Federal Arbitration Act governs this section. The arbitrator decides all questions about the scope and enforceability of this agreement to arbitrate, except that a court decides disputes about "Exceptions," the class-action and jury-trial waiver, the mass-filing procedures, and your right to opt out.

3. Exceptions

Either of us may bring an individual claim in small-claims court if it qualifies and remains there. Either of us may go to court to stop the infringement or misuse of intellectual property. A claim for public injunctive relief that the law does not allow to be waived will be decided by a court, after any arbitrable claims have been resolved in arbitration, with the court case paused until then.

4. How arbitration works

The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules, as modified by this section; the rules are available at adr.org. If the AAA is unavailable, we will agree on another arbitration provider, or a court will appoint one. A single arbitrator will decide the dispute. For claims of $25,000 or less, you may choose to have the arbitration decided on written submissions only, by phone or video, or in person. Any in-person hearing will take place in the county where you live unless we both agree otherwise. The arbitrator may award the same individual relief a court could, and must follow these Terms.

5. Costs

We will pay all AAA filing, administration, and arbitrator fees beyond the amount you would have paid to file the claim in court, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Each side pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise.

6. Class-action and jury-trial waiver

YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may award relief only in favor of the individual party seeking it, and only to the extent needed for that party's individual claim. If a court decides that this waiver cannot be enforced for a particular claim, that claim must be severed and decided by a court, not in arbitration, after the arbitrable claims are resolved.

7. Mass filings

If 25 or more similar demands for arbitration are filed against us, or by us, by the same or coordinated lawyers or organizations, they will be handled in stages. First, ten of them — five chosen by each side — proceed as test cases while the rest are paused, and all deadlines for bringing the paused claims are suspended. After the test cases are decided, the parties will mediate the remaining demands in good faith. Any demands still unresolved will then proceed in batches of up to 50, each assigned to one arbitrator, under the AAA's Mass Arbitration Supplementary Rules. A court may enforce this paragraph.

8. Your right to opt out

You can reject this agreement to arbitrate by emailing support@tovarifinancial.com from the email address on your account, with "Arbitration Opt-Out" in the subject line and your name in the message, within 30 days after you first accept these Terms. If you already had a Tovari account before this section was added, you have 30 days after you accept this version. Opting out does not affect any other part of these Terms.

9. Changes to this section

If we change this section in the future, the change will not apply to any dispute you have already told us about in writing. You may reject a material change to this section by emailing us within 30 days after it takes effect, in which case the most recent version of this section you accepted continues to apply.

10. If this section does not apply

If this agreement to arbitrate is found not to apply to you or to a particular claim, that claim will be decided in the courts described in "Governing law" below.

Governing law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, as to the agreement to arbitrate, by the Federal Arbitration Act. You agree that the exclusive venue for any dispute that is not subject to arbitration and not brought in small-claims court will be the state and federal courts located in Texas, and you consent to their personal jurisdiction.

General

• Entire agreement. These Terms, together with our Privacy Policy and Cookie Policy and any terms presented when you subscribe, are the entire agreement between you and us about the Services, and replace any earlier agreement or understanding about them.
• Severability. Except as stated in "Dispute resolution," if any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary and the rest will stay in full effect.
• No waiver. If we do not enforce a provision of these Terms, that is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, including any change to the name or assumed name under which the Services are offered — the Services remain subject to these Terms either way.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages at our service providers or your financial institutions.
• Export and sanctions laws. You may not use or export the Services in violation of U.S. export-control or sanctions laws.
• Our relationship. These Terms do not create a partnership, joint venture, employment, or fiduciary relationship. Our authority to act as your agent is limited to retrieving your account information as described in "Linking your financial accounts."
• Third-party beneficiaries. Except for Apple as described above, no one other than you and us has rights under these Terms.
• Headings. Headings are for convenience only.
• Notices. We may send you notices about the Services by email to the address on your account or by posting them in the Services. You can reach us at support@tovarifinancial.com.

Changes to these Terms

We may modify these Terms from time to time. The most current version will always be posted here. If a change is material, we will notify you in the Services — where you will be asked to review and accept the updated Terms before you continue to use them — and may also email you. If you don't agree to a change, stop using the Services; you can still email us to export or delete your data. Changes to "Dispute resolution" are also subject to paragraph 9 of that section.

Questions

Questions about these Terms? Email us at support@tovarifinancial.com, call us at +1 (940) 233-2958, or write to us at Ewing Technology Partners, LLC (DBA Tovari Financial), PO Box 63, Bowie, TX 76230, United States.