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Last Updated: 29th January, 2025
Welcome to NestiFi (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our websites, mobile applications, and other products and services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1.1 Binding Agreement
By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must cease use of the Services immediately.
1.2 Additional Policies
Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and share your personal information. Both these Terms and our Privacy Policy govern your relationship with NestiFi.
2.1 Eligibility Criteria
You must be at least 18 years old (or the age of majority in your jurisdiction) to open and manage a NestiFi account. If you are creating a custodial account for a minor, you represent and warrant that you are the child’s parent or legal guardian or have the legal authority to open and manage an account on their behalf.
2.2 Account Information
When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
2.3 Custodial Accounts
If you open a custodial account for a minor (under UTMA/UGMA or equivalent), you acknowledge and accept all legal and financial obligations associated with being the custodian. The minor will not have direct access to the account until they reach the age of majority, as determined by applicable law.
3.1 Investment Platform
NestiFi provides a digital interface that allows users to contribute money toward a child’s savings and investments. We partner with registered broker-dealers and/or banks to facilitate the opening of custodial accounts, execution of trades, and custody of assets.
3.2 Financial Education
We offer educational content, quizzes, and resources to improve financial literacy. This content is for general informational purposes and does not constitute individualized investment, legal, or tax advice.
3.3 Third-Party Integrations
Certain features, such as linking bank accounts or gift contributions, may involve third-party platforms (e.g., payment processors, data aggregators). We do not control these third parties and are not liable for their actions or omissions.
4.1 No Guarantee of Results
All investments carry inherent risks, including the possible loss of principal. Past performance is not indicative of future results. Nothing on the Services constitutes a guarantee of returns.
4.2 Not a Registered Investment Advisor
Unless explicitly stated otherwise, NestiFi is not a registered investment advisor. Any investment-related information provided by us is solely for educational or informational purposes.
4.3 SIPC/FDIC
Securities in your custodial account are typically protected up to certain limits by the Securities Investor Protection Corporation (“SIPC”) when held by our partner broker-dealer. Cash in bank accounts may be covered by FDIC insurance. These protections do not safeguard against market losses.
5.1 Prohibited Activities
You agree not to:
5.2 Compliance with Laws
You are responsible for ensuring your use of the Services complies with all applicable laws, regulations, and industry standards.
6.1 Fees
We may charge subscription fees or management fees for the use of certain Services. These fees, along with any brokerage or transaction fees, will be disclosed to you prior to or at the time of payment.
6.2 Payment Methods
You agree to pay any fees due using a valid payment method. If a payment is not successfully settled, we may suspend or terminate your access to the Services.
6.3 Refunds
All fees are generally non-refundable unless otherwise stated in a separate policy or agreement.
7.1 Ownership
All content, features, and functionality (including text, graphics, logos, designs, and software) provided through the Services are owned by NestiFi or our licensors. You may only use them as intended and in compliance with these Terms.
7.2 License to You
Subject to these Terms, NestiFi grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
7.3 Feedback
If you provide suggestions or feedback about our Services, you grant us a worldwide, royalty-free, transferable license to use, copy, modify, distribute, and commercialize such feedback in any manner.
8.1 Termination by You
You may stop using the Services at any time by closing your account. However, you remain responsible for any obligations incurred prior to termination.
8.2 Termination by Us
We may suspend or terminate your account if we believe you have violated these Terms, engaged in fraudulent activity, or posed a risk to the Services or other users.
8.3 Effect of Termination
Upon termination, your right to access and use the Services will immediately cease. Certain provisions of these Terms (e.g., Disclaimers, Limitation of Liability, Indemnification) will survive termination.
9.1 As-Is, As-Available
The Services are provided “as is” and “as available.” We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of our content or Services.
9.2 Limitation of Liability
To the fullest extent permitted by law, NestiFi (and its affiliates, officers, employees, or agents) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.
9.3 No Warranties
We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
You agree to indemnify, defend, and hold harmless NestiFi, its affiliates, and each of their respective directors, officers, employees, agents, and contractors from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or any activity related to your account.
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of laws principles.
11.2 Arbitration Agreement
Any dispute or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in New York, in accordance with the laws of the United States of America. By agreeing to these Terms, you waive your right to a trial by jury or to participate in a class action lawsuit.
11.3 Exceptions
You or NestiFi may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property or unauthorized access to the Services.
We reserve the right to modify these Terms at any time. When we do, we will update the “Last Updated” date at the top of this page. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
13.1 Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and NestiFi regarding the Services and supersede any prior understandings or agreements.
13.2 Severability
If any provision of these Terms is deemed unlawful or unenforceable, that provision shall be severed from these Terms, and all remaining provisions shall remain in full force and effect.
13.3 No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
13.4 Assignment
You may not assign any rights or delegate any obligations under these Terms without our prior written consent. We may assign or transfer our obligations at any time without restriction.
If you have any questions about these Terms or the Services, please reach out to us at:
Email: support@nestifi.com
Address: NestiFi, 599, Lexington Avenue, New York, NY 10022
We appreciate your feedback and will respond as soon as possible.