Terms of Use

The Site is owned and operated by Evafi and referred to in the Terms collectively as "Evafi," "Company," "we," "us," and "our." By accessing or using the Site or Services, you agree to be bound by the terms and conditions in the Terms and our Privacy Policy. If you do not agree with any part of these terms and conditions, you must not use the Site or Services. The Terms are a legal contract between you and Evafi.

The Services are not available to persons generally under the age of 18 (unless other minimum age requirements apply based on applicable state law) or to persons who are not legal residents of the United States. Evafi does not knowingly solicit or collect, either online or offline, information from persons under the age of eighteen. Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. BY USING THE SITE OR APPLYING FOR OR USING ANY OF THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE AT LEAST THE MINIMUM AGE REQUIRED IN YOUR STATE OF RESIDENCE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.

Minors. Evafi does not knowingly solicit or collect, either online or offline, information from persons under the age of thirteen. Evafi encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to Evafi that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for use through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Evafi or its service providers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Evafi content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Evafi and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Evafi or our licensors except as expressly authorized by these Terms.

The Site and the Services are controlled, operated, offered, and administered by Evafi from our offices within the United States. If you access the Site or Services from a location outside the United States, you are responsible for compliance with all applicable laws, restrictions, or regulations, including without limitation United States export laws and regulations.

You agree to indemnify, defend, and hold harmless Evafi, its officers, directors, employees, agents, and third party providers, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Evafi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Evafi in asserting any available defenses.

HIS ARBITRATION SECTION DOES NOT APPLY IF (1) YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED BY THE FEDERAL MILITARY LENDING ACT AND (2) OUR DISPUTE INVOLVES THE EXTENSION OF CONSUMER CREDIT.

In the event the parties are not able to resolve any dispute between them arising out of or concerning the Terms or any provisions hereof, the Sites, or Services, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns the Terms, the Sites, or Services, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to the Terms, the Sites, or the Services, or any disputes arising as a result of the Terms, the Sites, or the Services, whether directly or indirectly, including tort claims that are a result of the Terms, the Sites, or the Services. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the Terms, the Sites, and the Services. Notwithstanding the foregoing, either party may bring a qualifying claim or dispute in small claims court in [Evafi's county and state — confirm with legal]. Accordingly, both you and Evafi consent to the exclusive personal jurisdiction and venue of [Evafi's county and state — confirm with legal].

Any arbitration related to and under the Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY. Further, unless both you and Evafi agree otherwise, the arbitrator may not consolidate more than one person's claims.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EVAFI AND ITS THIRD-PARTY SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND CHANGES IN THE SITE AT ANY TIME. EVAFI AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EVAFI AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVAFI AND ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EVAFI OR ANY OF ITS THIRD-PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THIS TERMS OF USE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Evafi reserves the right, in its sole discretion, to terminate your access to the Site and the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of [Evafi's state — confirm with legal], where Evafi's principal place of business is located, and you hereby consent to the exclusive jurisdiction and venue of courts in [Evafi's state — confirm with legal] in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Evafi as a result of the Terms or use of the Site. Evafi's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Evafi's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Evafi with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Evafi with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Evafi with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Terms and all related documents be written in English.

Consent: By providing your phone number, you become a "Subscriber" and consent to receive calls and text messages from Evafi, including those made using an automatic telephone dialing system or prerecorded voice. Message and data rates may apply. No purchase is necessary. You may opt-out at any time by following the instructions provided in the messages or via email at [Evafi privacy email].

Message Frequency Disclosure: Subscribers will receive an average of 2 SMS messages per day, depending on the Service you may opt into. Message frequency may vary based on the user's interaction with Evafi's services and promotions.

SMS Program Description: Evafi's SMS program provides updates, reminders, promotional offers, and important account-related information to Subscribers. Messages may include notifications about loan application statuses, repayment reminders, marketing or exclusive offers for Evafi's products and services.

"Message and Data Rates May Apply" Disclosure: Message and data rates may apply to SMS communications, depending on your mobile service provider and plan. Check with your mobile provider for details.

Opt-Out Information: You may opt-out of and unsubscribe from receiving SMS messages from Evafi at any time by replying STOP to any message you receive. After opting out, you will receive one final confirmation message confirming your choice. You may also contact our Customer Service team to unsubscribe and opt-out from Evafi's SMS program via email at [Evafi privacy email], via telephone at [Evafi phone number], or by mail to [Evafi mailing address].

Evafi reserves the right, in its sole discretion, to change or modify the Terms under which the Site is offered. Any modifications shall be effective immediately upon posting to the Site unless some other effective date is expressly stated and will supersede all previous versions. Evafi encourages you to periodically review the Terms to stay informed of our updates. Your use of this Site shall constitute and be deemed your unconditional acceptance of the Terms and any changes or modifications.

Your use of the Site is subject to Evafi's Privacy Policy and federal Privacy Notice. Please review our Privacy Policy, which also governs the Site, and informs users of our data collection practices, and federal and state privacy rights. For California Residents only, please also review our California Privacy Policy which supplements the information contained in our Online Privacy Policy and Privacy Policy.

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Evafi secures your personal information from unauthorized access, use, or disclosure. Evafi uses the following methods for this purpose:

SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

From time to time, Evafi may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Evafi or click on a link therein.

If you would like to stop receiving marketing or promotional communications via email from Evafi, you may opt out of such communications by replying STOP or clicking on the UNSUBSCRIBE button.

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Please read this information carefully and print a copy and/or retain this information for future reference. By utilizing this website and clicking "Chat with Eva" or any similar box or submission button, you are submitting a request to be connected with one of our third-party advertisers or lenders, collectively "third parties." In order to attempt to connect you with a third-party, that may offer you financial products or services, the third parties need your consent to use and accept electronic signatures, records, and disclosures (our "Disclosure and Consent for Electronic Communication Policy"). This Policy notifies you of your rights when receiving electronic disclosures, notices, information and other forms of communication. By submitting your information on our Sites, you acknowledge that you have received and reviewed this Policy, and that you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents as further detailed in the Disclosure and Consent for Electronic Communication Policy linked above.

Individuals with disabilities who require an accommodation to access our Services should contact us using one of the contact methods listed below. Certain accommodations may require you to provide us with advance notice.

Eva Financial, doing business as Evafi, is a FinTech company that leverages Financial Matching Technology to help consumers find personalized Financial Offers through our network of Financial Service Providers. We are not a lender, and we do not directly offer financial products. Evafi operates solely as a referral source and does not represent the Financial Service Providers on our platform. We do not accept applications, make credit decisions, or guarantee any outcome from your financial product requests.
To receive financial services, you must apply directly to the Financial Service Provider of your choice. Evafi cannot issue approvals, commitments, or guarantees on behalf of any Financial Service Provider. Any rates, fees, and terms shown on our platform are provided without guarantee and may change at any time at the provider's discretion.
Rates, fees, and terms vary by provider and are subject to change. Offers may not be available in all states or for all product types. The Financial Offers presented to you may vary in amount or type from your request. Please note that Financial Service Providers' privacy policies and security practices may differ from Evafi.
While Evafi connects you with quality Financial Service Providers, we don't represent every lender or financial institution in the market. Other options exist outside our platform, and some may offer more favorable rates, terms, or conditions than what you see here. Evafi cannot guarantee that our offers represent the best prices or terms available to you. Take time to compare options, understand the full terms, and evaluate what works best for your personal financial situation before committing to any financial product.
Evafi complies with the federal Equal Credit Opportunity Act (ECOA) and applicable state and local anti-discrimination laws. We do not discriminate on the basis of race, color, religion, national origin, sex, marital status, age, public assistance income, or rights exercised under the Consumer Credit Protection Act.

[Evafi legal entity name]
[Mailing address]
[Email address]
[Phone number]