Conditions d'utilisation

Last Updated: March, 2025

Please read these Terms of Service (the “Agreement”) carefully because they are a binding agreement between you and Tinwell Labs Inc. (“Era,” “we,” “us,” or “our”) and apply to your use of our website at https://era.app (the “Website”) and all of its sub-domains, the platform we make available through the Website (the “Platform”), and any related services and apps (the Website and Platform, together with any related services, social media pages and apps, are collectively referred to as our “Services”).

By clicking on an “accept” button, creating an account, or otherwise visiting, accessing, and/or using our Services, you automatically agree to this Agreement, you acknowledge our Privacy Policy, and you certify that you are at least 13 years of age and that you are providing truthful and accurate information about yourself.

Links to notable sections of this Agreement:

Authorized Users – who can use the services and terms applicable to individuals using the services on behalf of a company or legal entity or as someone who is under age 18.
Registration; Era Accounts – guidelines for creating and maintaining your Era account.
Linking Third Party Accounts – information about linking your personal bank, payment card and/or brokerage accounts to your Era account.
Subscription Fees – terms related to free trials and our fee-based subscriptions.
Conduct Guidelines – rules for using Era’s platform and services.
Content – description of key features and content available to you through tools like our news aggregator and financial assistant.
Disclaimers – what you should know about the scope of Era’s responsibilities and liabilities with respect to content available through Era’s platform.
Ownership – explanation of your and Era’s intellectual property rights.
Legal Terms – important legal terms addressing the limits of each party’s liability to each other and to third parties related to providing or using the platform and services.
Dispute Resolution – procedures for resolving disputes, including your agreement to arbitration proceedings and a waiver of rights to a jury trial.
Contact Information – how to contact Era about this Agreement (or with other questions!)
Additional Terms – additional third party terms applicable to fund transfers, identity verification, and other functionality of the platform and services are in Addendum 1.

Changes to Agreement

We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of Services will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the updated Agreement, you must discontinue using the Services.

Privacy Policy

Please refer to our Privacy Policy (the “Privacy Policy”) for information regarding how we collect, use and disclose information about you in connection with your use of our Services, and regarding how others collect, use and disclose information about you. The terms and conditions of our Privacy Policy are incorporated into this Agreement.

Authorized Users

Companies, Organizations & Other Legal Entities. If you are entering into this Agreement on behalf of a company, organization or other legal entity, you represent that you have the authority to bind such entity and its affiliates, in which case the terms “you” or “your” shall also refer to such entity and its affiliates. You further agree that you assume all responsibility and liability in connection with your use of the Services on behalf of such company, organization or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Services on behalf of such company, organization or other legal entity.
Children. The Services are available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18 (or the legal age of majority where you reside if that jurisdiction has an older age of majority), then you agree to review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. You agree to have your parent or guardian review and accept this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child, then you agree to and accept full responsibility for that child’s use of any of our Services, including all investments, financial charges and/or legal liability that the child may incur.

We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.

Terms of Access and Use

Subject to your compliance with this Agreement and all applicable laws, Era grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Website, Platform, and other Services (as applicable), together with the Era Content, for personal and non-commercial purposes in accordance with the terms and conditions of this Agreement and any separate written agreement with Era providing for additional terms and conditions applicable to your relationship with Era and use of products and services offered by Era (the “Additional Terms”), including, but not limited to, our Privacy Policy, which are collectively integrated by reference into this Agreement. In the event of a conflict between the terms of this Agreement and any Additional Terms, the Additional Terms will control.

Registration; Era Accounts

You are obligated to register and set up an account in order to access the Platform, and the Platform is available only to users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to Era. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services.

You also agree to immediately notify Era of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by contacting Era at questions@era.app.

You will be required to provide the registration information described in our Privacy Policy in order to create an account. You agree to keep confidential your username and password and to exit from your user account at the end of each session. You may not use anyone else’s account at any time and you may not allow others to use your account to access the Services.

Linking Third Party Accounts

You may link your personal bank, payment card and/or brokerage accounts (the “Accounts”) to your Era account in order to authorize and enable the Platform to retrieve certain financial information (your “Account Data”) from the banks and financial institutions with which you maintain Accounts (the “Account Data Sources”), such as account transaction history and balance information. We will use Account Data in accordance with our Privacy Policy.

Era uses third party service providers (“Service Providers”) to, among other things, authenticate your Accounts, link them to the Services, retrieve your Account Data, and power money movement between Accounts, including but not limited to Service Providers identified in our Privacy Policy.

By using the Services, (i) you grant Era and Service Providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from Account Data Sources selected by you to Era, and (ii) you agree to your personal and financial information being transferred, stored, and processed by Service Providers in accordance with their policies, which are made available to you by links below and in our Privacy Policy. You expressly authorize such Account Data Sources selected by you to disclose your Account Data and other necessary information to us.

You acknowledge and understand that any Account Data available to you through the Services will be the most recent data we have available, and that this information may not reflect pending transactions and other recent activity. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, or fitness for purpose of any Account Data made available through the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on Account Data made available through the Services.

Additional Terms for Era’s Third Party Service Providers

Some of our Service Providers require Era to notify you and obtain your acceptance of additional terms applicable to your download and/or use of certain features of the Services. By using the Services and/or downloading our mobile application via the Apple App Store, you acknowledge and agree to all applicable third party terms set forth in Addendum 1.

Subscription Fees

Our Services are provided on a subscription basis. If you are using the Platform and our Services through a free trial subscription, you acknowledge and accept that you will be entitled to use only those features of the Services identified as part of a free trial subscription solely for the limited trial period. Any extension of the Services beyond a limited trial subscription or any access to fee-based features will require the payment of fees. Era reserves the right to discontinue or terminate your use of the Services on a free trial basis at any time upon reasonable notice.

Era offers fee-based subscriptions and/or access to certain features or services on a paid basis. Fees may change from time to time in Era’s discretion, and all payments to Era are final and non-refundable. Era will facilitate your payment of fees, charges and/or taxes using a third party payment processor as described in more detail in our Privacy Policy.

If you owe any subscription fees or other amounts to Era, we may (i) suspend or stop providing Services to you; (ii) place limitations or take other actions on your Era account, and (iii) engage in collection and other efforts to recover such amounts from you.

Taxes

Each party will be responsible, as required under applicable law, for identifying and paying all applicable sales, use, and any other taxes and governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the payments under this Agreement. We reserve the right to withhold taxes where required.

Modification to Services

Era may, at any time and for any reason, change, update or discontinue Services, or any part thereof, with or without notice. We may add or remove features including without limitation making free services into paid services and vice versa. Era will not be liable to you or to any third party for any modification, suspension or discontinuance of Services as permitted herein.

We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate this Agreement at any time by ceasing to use our Services.

Conduct Guidelines

The rights granted to you under this Agreement are subject to the following conduct guidelines concerning the Services:

You will not copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display the Services, or any information or content made available on or through the Services without Era’s prior written consent;
You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;
You will not access or use the Services to build a similar or competitive service or application;
You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information;
You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding and spamming;
You will not transmit any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
You will not use the Services other than for their intended purposes; and
You will not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose.

You are solely responsible for complying with all laws, rules and regulations applicable to you when you use the Services. You agree to comply with the above conduct and usage requirements (“Conduct Guidelines”) and agree not to assist or permit any person to engage in any conduct that does not comply with the Conduct Guidelines. Any use of the Services in violation of these Conduct Guidelines is prohibited and may result in our suspension or termination of your right to use the Services, and may possibly expose you to legal action and damages.

Features and Content

In General. Except for Third Party Content (defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, “Era Content”), as well as their selection and arrangement, and all intellectual property and other rights relating to Era Content, as between you and Era, are solely and exclusively owned by Era. You will not delete or alter any copyright, trademark or other proprietary rights notices from Era Content.
News Aggregator. Era uses proprietary artificial intelligence tools to analyze publicly available news content in order to create aggregated and curated news content for you (“Aggregated News”). Aggregated News is Era Content or Third Party Content, as applicable.
Era Financial Assistant. Era makes available through the Services an AI-powered financial assistant (the “Assistant”) to answer your financial questions and engage in conversations with you about financial topics. The responses to your questions provided by the Assistant are Era Content and all intellectual property and other rights relating to the Assistant and its responses are solely and exclusively owned by Era.

The Assistant is designed to be responsive to your questions and sensitive to information you provide to the Assistant, your Account Data, and to other information available to Era. Your interactions with our Assistant may be recorded and shared with our Service Providers that support our Assistant or for other business purposes.

The Assistant is not designed or intended to recommend the purchase or sale of specific securities or investment assets. While it may offer educational information, it doesn’t have the capability to discern what investment choices would be suitable for your personal situation. Responses from the Assistant are general in nature and should not be considered investment, legal, or tax advice.

Third Party Content

The Services may contain proprietary information and materials licensed or provided to Era by third parties in connection with Era’s provision of the Services and/or other business purposes (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto.

No Reliance

Any reliance you place on the Services, Era Content and/or Third Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials. ERA DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SERVICES. ERA ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING FINANCIAL DECISIONS. ALL INVESTMENTS INVOLVE RISK, INCLUDING THE POSSIBLE LOSS OF CAPITAL. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS OR RETURNS.

All statements and/or opinions expressed in the Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Era. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimers

ERA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION IN ERA CONTENT OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ERA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE ERA CONTENT OR THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.

Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.

When we make available certain social media features through Facebook, Twitter, Instagram, or other social media sites, you may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Era.

Links to Other Sites

Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies and terms of use for the other websites you visit.

Ownership

Era and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Website, Platform, and other Services, Era Content, and Third Party Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, Platform, and other Services, Era Content and/or Third Party Content. Era reserves all rights not expressly granted in this Agreement.

All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Era and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Era, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

Your Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). We may ask for your Feedback in connection with your use of the Services, and you can always submit Feedback by emailing us at questions@era.app.

You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Era will treat any Feedback you provide to us as non-confidential and non-proprietary.

If you provide your email address to Era through the Website or Platform, or by e-mailing Era directly, you agree that Era may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Era sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.

Limitation of Liability

IN NO EVENT SHALL ERA OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN ERA CONTENT OR THIRD PARTY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ERA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AT YOUR SOLE RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS, OR CONTENT OF THE SERVICES.

General Release

You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of the Services. To the maximum extent permitted by applicable law, you hereby release the Era Parties (as defined below) from any and all responsibility and liability for the foregoing.

YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Era Parties pertaining to the subject matter of this section.

Indemnification By You

Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Era and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Era Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys’ fees) in relation to or arising from (i) your use or inability to use the Services, (ii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, or (iv) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.

For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.

Term, Suspension and Termination

This Agreement will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Era for the duration of the suspension or indefinitely following termination.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, United States of America, before one arbitrator. The language to be used in the arbitral proceedings will be English. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

YOU AND ERA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

YOU AND ERA EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.

Force Majeure

You agree that Era is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Governing Law and Venue

This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

General Terms

This Agreement, together with the Privacy Policy, Privacy Notice and any Additional Terms incorporated herein by reference, constitute the sole agreements between you and Era for your use and the provision of the Services, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Era without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

Contact Information

If you have any questions about the Website, Platform, or this Agreement, please contact us at questions@era.app, or by mail directed to Tinwell Labs, 440 N BARRANCA AVE #8186 COVINA, CA 91723.

Addendum 1: Third Party Terms

As part of your relationship with Era, and to provide you with Services you request, you acknowledge and agree that:

Terms from Moov:

Era uses Moov Financial, Inc. (“Moov”), a third party service, to enable fund transfers and payments using the Services. Solely for those purposes, you agree that we can provide information about you to Moov or its service provider(s); and
You have reviewed Moov’s Platform Agreement and Privacy Policy, as each may be updated from time to time in Moov’s discretion (“Moov’s Policies”), and you agree to Moov’s Policies and at all times will comply with Moov’s Policies when using the Services.

Terms from Method:

Era uses Forward Lending d/b/a Method Financial (“Method”), a third party service, to validate your identity and prevent fraud using information from your wireless carrier. Solely for those purposes, you agree that we can provide information about you to Method or its service provider(s), and that your wireless carrier may disclose information about you to Method or its service provider(s);
You authorize Method to obtain a consumer report and information about you from one or more consumer reporting agencies (“credit pull”). You understand the credit pull is a soft inquiry that will not impact your credit score. Method will use this information solely in connection with identifying and obtaining data on your liability/debt accounts such as account number, type, balance, interest rate, payoff information, late fees, payment history, etc. (“Enhanced Data”);
You authorize and direct Method to act on your behalf to access, obtain, and transmit the Enhanced Data from your financial institutions, lenders, creditors, and service providers, or any of their third parties, and you consent to Method sharing the Enhanced Data with us. Your authorization, direction, and consent remains effective for the duration of your business relationship with us, solely for the purpose of providing you with services or products that you may request from us from time to time; and
You have reviewed Method’s Privacy Policy and Terms of Service, as each may be updated from time to time in Method’s discretion (“Method’s Policies”), and you agree to Method’s Policies and at all times will comply with Method’s Policies when using the Services.

Terms from SnapTrade:

Era uses Passiv Inc. (“SnapTrade”), a third party service, to connect brokerage accounts to our Services. Solely for those purposes, you agree that we can provide information about you to SnapTrade or its service provider(s); and
You have reviewed SnapTrade’s End User Terms and Conditions and Privacy Policy, as each may be updated from time to time in SnapTrade’s discretion (“SnapTrade’s Policies”), and you agree to SnapTrade’s Policies and at all times will comply with SnapTrade’s Policies when using the Services.

Terms from Apple for Apple Device Users:

The following additional terms and conditions govern your use of our mobile application (the “App”) should you choose to download it via the Apple App Store or operate it on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that this Agreement is between you and Era, and not Apple, Inc. (“Apple”) and that Era, and not Apple, is solely responsible for the App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.

Scope of License: Without limiting the other terms and conditions of this Agreement, you may only use the App on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.

Maintenance and Support: Era is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Era and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty: The App is provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the App and not effectively disclaimed by that section, then in the event of any failure of the App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the App; and 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 such warranty will be Era’s sole responsibility.

Product Claims: You acknowledge that Era, not Apple, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to (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 or similar legislation.

Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, Era, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance: 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, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.

Developer Name and Address: Any questions, comments, complaints or claims relating to the App and/or your use of the App must be directed to Era at questions@era.app, or by mail directed to Tinwell Labs, 440 N BARRANCA AVE #8186 COVINA, CA 91723.

Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.