These terms are an agreement between [legal entity name] ("Vantage-FI", "we", "us") and the organization that signs up for VantageFi ("Customer", "you"). By creating an account, starting a trial or subscribing, you accept these terms on behalf of your organization and confirm that you are authorized to do so. A separately signed agreement with us takes precedence over these terms where the two conflict.
1. The Service
VantageFi is a web application for measuring and analyzing interest rate risk (the "Service"). We may improve and change the Service over time; we will not materially reduce the core functionality of a paid plan during a paid term.
2. Not financial, legal or regulatory advice
The Service is an analytical tool. Its results depend on the data and assumptions you provide or accept. It does not provide financial, investment, legal, accounting or regulatory advice, and using it does not guarantee that your interest rate risk program will satisfy the NCUA or any other regulator or examiner. You remain responsible for your institution's risk management, policies, decisions and regulatory compliance, and for reviewing the results before relying on them.
VantageFi is not affiliated with or endorsed by the National Credit Union Administration. References to regulations and supervisory letters are provided for convenience; the official sources govern.
3. Accounts and seats
- Each user needs their own account. Accounts may not be shared.
- Your plan includes a number of seats. Active members and pending invitations count toward your seats; you can add seats at any time.
- You are responsible for the people you invite, for keeping credentials secure, and for activity under your accounts. Tell us promptly at [email protected] if you suspect unauthorized access.
4. Free trial
New organizations may use the Basic plan free for 14 days without a payment card. The trial is provided as-is. When it ends, access to the Service requires a paid plan.
5. Plans, fees and payment
- Fees for your plan, billing period and seats are shown on our pricing page or in your order. Subscriptions are billed in advance, monthly or annually, through Stripe, and renew automatically for the same period until cancelled.
- Seats added during a period are charged pro rata.
- Fees exclude taxes, which you are responsible for, other than taxes on our income.
- We will give at least 30 days' notice of a price change. It applies from your next renewal.
- You can cancel at any time; cancellation takes effect at the end of the current billing period. [refund policy, e.g. 'Fees already paid are non-refundable, except where the law requires otherwise.']
- If payment fails and is not resolved, we may suspend access to the Service after notice. Your data is not deleted because of a suspension.
6. Your data
You own the data you put into the Service ("Customer Data"). You grant us the rights needed to host, process and display Customer Data in order to provide and support the Service. We handle personal information as described in our Privacy Policy. You are responsible for having the right to provide Customer Data and for not entering member or customer records, which the Service does not need.
7. Acceptable use
You will not, and will not let others:
- access the Service other than through its interfaces and documented API, or attempt to bypass its security or usage limits;
- probe, scan or test the Service for vulnerabilities without our written permission;
- resell, sublicense or provide the Service to third parties, except that Advanced plan customers may manage multiple credit unions they serve;
- copy, reverse engineer or build a competing product from the Service; or
- use the Service in violation of law.
8. API access
Where your plan includes API access, you may use the API only for your own organization's use of the Service, subject to any rate limits and documentation we publish. Keep API credentials secure.
9. Confidentiality
Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these terms. This does not cover information that is public, already known to the recipient, independently developed, or that must be disclosed by law (with notice where allowed).
10. Our intellectual property
We own the Service, including its software, models, content and documentation. These terms give you a right to use the Service during your subscription and nothing more. If you send us feedback, we may use it without obligation.
11. Availability and support
We aim to keep the Service available and to respond to support requests at [email protected] within one business day. Unless a separate agreement provides a service level, the Service is provided without an uptime commitment.
12. Term and termination
- These terms apply for as long as you have an account.
- Either party may terminate if the other materially breaches these terms and does not cure the breach within 30 days of notice. We may suspend access immediately if necessary to protect the Service or other customers.
- After cancellation or termination, you may request an export of your Customer Data within 30 days. After that we may delete it, subject to our retention practices in the Privacy Policy.
13. Disclaimers
Except as expressly stated in these terms, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be error-free or that its results will be accurate for your circumstances.
14. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, and each party's total liability arising from these terms is limited to the fees you paid in the 12 months before the claim. These limits do not apply to your payment obligations or to either party's breach of section 9 (Confidentiality) or misuse of the other's intellectual property.
15. General
- These terms are governed by the laws of the State of [governing state], without regard to its conflict-of-law rules.
- We may update these terms. We will notify account owners of material changes at least 30 days before they take effect; continuing to use the Service after that means you accept them.
- Neither party may assign these terms without the other's consent, except to a successor in a merger or sale of substantially all of its business.
- Neither party is liable for delays caused by events beyond its reasonable control.
- If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
16. Contact
[legal entity name]
[mailing address]
[email protected]