Terms of Service

Agreement to Terms

By accessing or using Evernest, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Service.

Description of Service

Evernest is a retirement planning calculator that helps users model and visualize their financial future. Our Service provides:

• Cash flow projections and retirement modeling
• Financial event tracking and scenario analysis
• Visual charts and data exports
• Account management and data storage

Not Financial Advice

Subscription and Payment

Free Plan

Our free plan provides limited access to features at no cost. We reserve the right to modify or discontinue the free plan at any time.

Premium Subscription

Premium subscriptions are billed monthly or annually. By subscribing, you agree to automatic renewal unless cancelled.

User Accounts and Security

Account Creation

To use certain features of the Service, you must create an account. When creating an account, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your password meets our security requirements

Account Termination

You may terminate your account at any time from your account settings. We may suspend or terminate your account if:

• You violate these Terms of Service
• Your account is inactive for more than 12 months (free accounts only)
• We are required to do so by law
• You engage in fraudulent or illegal activity

Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Upload or transmit malicious code, viruses, or malware
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated scripts or bots to access the Service
• Impersonate another person or entity
• Collect or store personal information about other users without their consent
• Use the Service for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble any part of the Service

Subscription Details and Billing

Pricing

Current pricing for Premium subscriptions:

• Monthly Plan: $9.99 per month, billed monthly
• Annual Plan: $79.99 per year ($6.67/month), billed annually

We reserve the right to change our pricing at any time. Price changes will not affect your current subscription period, but will apply upon renewal.

Automatic Renewal

Premium subscriptions automatically renew at the end of each billing period unless cancelled. You will be charged the then-current subscription rate. You can cancel auto-renewal at any time from your account settings before the next billing date.

Cancellation and Refunds

You may cancel your Premium subscription at any time. Upon cancellation:

• You will retain Premium access until the end of your current billing period
• No refunds will be issued for partial billing periods
• Your account will automatically revert to the free plan at the end of the period
• All your data will be preserved, but Premium features will no longer be accessible

Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. We do not store your credit card information on our servers. By providing payment information, you authorize us to charge your payment method for your selected subscription plan.

Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, and functionality are owned by Evernest and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• The Evernest name, logo, and branding
• The design, layout, and visual elements of the Service
• All software, code, and algorithms
• Documentation, guides, and help content

Your Content

You retain all rights to the financial data and information you input into the Service ("Your Content"). By using the Service, you grant us a limited license to:

• Store and process Your Content to provide the Service
• Create backups for data integrity and disaster recovery
• Use aggregated, anonymized data for improving the Service

We will not share, sell, or use Your Content for any purpose other than providing the Service to you.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution to you.

Disclaimers and Limitations of Liability

Service Availability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors or defects will be corrected
• The Service will meet your specific requirements

Calculation Accuracy

While we strive for accuracy, retirement projections involve numerous assumptions and variables. The projections and calculations provided are estimates only and should not be considered guaranteed outcomes. Actual results may vary significantly based on:

• Market performance and economic conditions
• Changes in tax laws and regulations
• Inflation rates and cost of living changes
• Personal circumstances and life events
• Accuracy of data you input into the Service

Limitation of Liability

To the maximum extent permitted by law, Evernest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or use
• Financial losses based on projections or calculations
• Business interruption
• Damages resulting from your reliance on information provided by the Service

In no event shall our total liability exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless Evernest, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through the Service

Data Export and Portability

You have the right to export your financial data at any time. Premium users can:

• Export data to Excel format
• Download complete financial projections
• Access all historical data and scenarios

Free plan users have limited export capabilities. Upon account termination, you will have 30 days to export your data before it is permanently deleted.

Modifications to the Service

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Change features or functionality
• Add or remove features from different subscription tiers
• Require software updates or maintenance

We will provide reasonable notice of material changes that negatively affect existing users. We are not liable for any modification, price change, suspension, or discontinuance of the Service.

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a formal dispute, we encourage you to contact us at [email protected] to seek an informal resolution. We'll work with you in good faith to resolve any concerns.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as follows:

• Small claims court disputes (under $10,000) may be brought in court
• Claims for injunctive or equitable relief may be brought in court

Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, collective, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Changes to These Terms

We may modify these Terms from time to time. When we make changes, we will:

• Post the updated Terms on this page
• Update the "Last updated" date at the top
• Notify you via email if the changes are material
• Provide at least 30 days' notice for material changes affecting existing users

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must stop using the Service.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Evernest concerning the Service and supersede all prior or contemporaneous communications and proposals.

Contact Information

If you have questions, concerns, or legal inquiries about these Terms, please contact us: