Payment Terms
Date Last Revised: November 20, 2023
WalletHub.com is a Web property that belongs to Evolution Finance, Inc. As a result, it is governed by the same policies and terms and conditions as Evolution Finance.
Evolution Finance Billing and Payment Agreement
By purchasing any Service offered by Evolution Finance, Inc., a Delaware corporation ("Evolution Finance", "we", "us", "our") that requires payment, you agree to be bound by and comply with these terms and conditions ("Payment Terms") in addition to Evolution Finance's Terms of Service (the "Universal Terms"). Together the Payment Terms and the Universal Terms constitute an agreement between you and us.
IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICE FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT EVOLUTION FINANCE'S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5 (SUBSCRIPTIONS) BELOW.
1. Definitions
1.1 All terms which are defined in the Universal Terms and not otherwise defined in these Payment Terms shall have the meaning set forth therein.
1.2 "Payment Method" means the method by which you will pay for a Service (for example, PayPal, check, credit card or debit card).
1.3 "Billing Period" means the interval (for example, daily, weekly, monthly, quarterly, annually) established at which Fees are charged to your Payment Method. Your Billing Period will be specified by Evolution Finance at the time of purchase of a particular Service, though Evolution Finance reserves the right to change the applicable Billing Period at any time by notifying you.
1.4 "Service(s)" has the meaning set forth in the Universal Terms.
1.5 "Service Fee" or "Fee" means, as applicable and as may be charged to your selected Payment Method by us, either the recurring subscription fee that will be charged each Billing Period, or a one-time charge for a particular Service.
2. Purchases
2.1 When you purchase one or more Services provided by Evolution Finance, you agree to pay the Fees associated with such Service Fee and any taxes applicable to the Services purchased by you.
2.2 From time to time, Evolution Finance may change the amount of the Service Fees applicable to the Service purchased by you. Consumers will be notified of any pricing changes by push notification or by email notification.
2.3 Don't commit to a transaction unless you are ready to pay, because all sales are final and Fees are not prorated or refundable (for example, if you cancel your subscription during a Billing Period, no part of that Billing Period's Fees will be refunded; you simply will not be charged for the next Billing Period).The only sales that are eligible for a full refund are the ones with a money-back guarantee over a certain period, assuming that the cancelation happens during that period of time.
2.4 WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SERVICES.
3. Billing
3.1 The terms of any free trial are specific only to the Service(s) subject to the free trial. An authorization will be requested from your Payment Method as soon as you sign up for the free trial in order to make sure the Payment Method is valid and in good standing. We will not bill your Payment Method until the relevant free trial period is completed and you have not canceled your subscription during such trial period as provided below.
For the avoidance of doubt, you understand that a free trial is part of an introduction to a paid Service, and that at the end of the free trial period, you will be charged monthly for a subscription service until you cancel as set forth in Section 5 (Subscriptions). Any free trial is available one time only per customer.
3.2 For Services requiring a one-time payment, the respective Fee will be billed at the time of purchase or shortly thereafter. For Services requiring a recurring payment, Fees will be billed at the interval established by the applicable Billing Period until you cancel the Services (or convert to a version of the Services for which the payment of Fees by you is not required). In order to avoid additional Fees, Services must be canceled prior to the first day of your next Billing Period.
3.3 We automatically bill your Payment Method each Billing Period on or about the calendar day corresponding to the commencement of the Services, as applicable. For example, if you started your subscription or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on or around that date. Evolution Finance reserves the right to change the timing of our billing.
3.4 You acknowledge that the amount billed each Billing Period may vary for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts.
3.5 At any time, and for any reason, we may provide an account credit, discount, or other consideration ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
3.6 We reserve the right to change the Fees and charges applicable to any Service, including any subscription pricing, or add new Fees and charges from time to time, in accordance with Section 3 of the Universal Terms (Changes to the Terms). If we make changes to the Fees, we will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your account. If you do not agree with changes that affect your subscription, you may cancel your subscription as set forth in Section 5.3 (Cancelling Subscriptions Purchased via Company) or 5.4 (Cancelling Subscriptions Purchased via a Third-Party Application Store).
4. Payment
4.1 Evolution Finance uses Stripe, Inc. and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) ("Third-Party Service Provider"). If you make a purchase of a Service, you will be required to provide your payment details and any additional information required to complete your order directly to our Third-Party Service Provider. You agree to be bound by Stripe's Privacy Policy (currently accessible at https://stripe.com/privacy) and its Terms of Service (currently accessible at https://stripe.com/legal/ssa) and hereby consent and authorize Evolution Finance and Stripe to share any information and payment instructions you provide with one or more Third-Party Service Provider(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Third-Party Service Provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Third-Party Service Provider uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
4.2 When you provide a Payment Method to us, you confirm that you are authorized to use such Payment Method. You also authorize us to collect and store payment information, along with other related transaction information.
4.3 When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of any and all Service Fees to the Payment Method designated by you.
4.4 If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the applicable Service Fees. We will bill your card at the time of purchase of the applicable Services or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
4.5 If you pay by debit card and your payment results in an overdraft or other fee from your bank, you are solely responsible for such fee.
4.6 For international Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
4.7 If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may visit the billing tab on your settings page and manage your Payment Methods there. If your Payment Method fails for any reason, such as reaching its expiration date, and you do not edit your Payment Method information or cancel the purchase of your Services, you authorize us to continue billing that Payment Method or any other Payment Method you have linked to your account. You acknowledge that you remain responsible for any uncollected amounts and any costs to collect such late amounts.
4.8 To activate a Subscription (as defined below) on our app, you may need to make an in-app purchase via the Apple App Store or Google Play Store. In addition to these payment terms and the Universal Terms, the terms of your Subscription are subject to, as applicable, Apple's terms and conditions available at https://www.apple.com/legal/internet-services/itunes/jm/terms.html and Google's terms and conditions available at https://play.google.com/about/play-terms/index.html.
5. Subscriptions
5.1 If you purchase access to certain premium features and functionality of the Services on a time-limited basis (a "Subscription"), the Fee for such Subscription ("Service Subscription Fee") will be billed at the start of the Subscription ("Subscription Service Commencement Date") and at regular intervals (i.e., weekly, monthly, annually, etc.) in accordance with your elections at the time of purchase. Evolution Finance is not obligated to provide the Service to you until we accept your order by a confirmatory email or other appropriate means of communication.
5.2 If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Evolution Finance's then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., weekly, monthly, annually, etc.) will be designated at the time you sign up for the Subscription. By subscribing, you authorize Evolution Finance to charge the payment method designated in your account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Evolution Finance does not receive payment, (i) you shall pay all amounts due on your account upon demand and/or (ii) you agree that Evolution Finance may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
5.3 If you purchased your Subscription directly from Evolution Finance, you may cancel your Subscription by logging into and navigating to the "Billing" section of your account settings and selecting the "Cancel" option. If you do not wish your account to renew automatically, or if you want to change or terminate your Subscription, you must contact us at [email protected], or log in and navigate to the "Cancel" option of the "Billing" section of your account settings.
5.4 If you wish to cancel, change, or terminate a Subscription that you purchased from a third-party application store (e.g., Apple App Store or Google Play), you must do so prior to the Renewal Commencement Date via such third-party application store.
5.5 If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term; your Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Service Subscription Fee paid for the then-current Subscription period. Once your Subscription expires or terminates, we will delete your data, and you will no longer have access to it. Canceling any premium subscription will not impact your free Services.
5.6 If you choose to upgrade your Subscription in the middle of a Subscription period, such upgrade will take effect immediately and any incremental fees associated with such upgrade will be charged in accordance with this Agreement. In any future renewal term, the Fees will reflect any such upgrades. If you choose to downgrade a Subscription, the downgrade will take effect as of the first day of the next renewal term. Downgrading a Subscription may cause loss of data, content, features, or capacity of the Services as available, and Evolution Finance does not accept any liability for such loss.
6. Actions We May Take
As part of our effort to keep the Services safe, we may take certain actions to reduce liability for users and us.
6.1 We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
6.2 We may cancel any transaction if we believe the transaction violates these Payments Terms, the Universal Terms, applicable law, or we believe doing so may prevent financial loss.
6.3 We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
6.4 We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of applicable law.
6.5 We reserve the right to suspend, terminate or restrict your use of any Service or the Services on the whole, without notice, for any or no reason whatsoever.
7. Disputes and Reversals
7.1 If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately at [email protected], so that we may take action to prevent financial loss.
7.2 To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
7.3 You are responsible for and agree to indemnify and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
7.4 If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
7.5 We may intervene in disputes between users concerning payments but have no obligation to do so.
7.6 Your only remedy for a technical failure or interruption of Service is to request that your transaction be completed at a later time.
8. Special Provisions Applicable to Advertisers
8.1 You incur Ad fees when a user clicks on an Ad, as measured by Evolution Finance's Ad measurement system. It is left to Evolution Finance's discretion to determine how many times the Ad will be displayed based on available inventory and other factors, up to the maximum number of Ad clicks per day indicated on the Checkout Page. As such, there is no minimum guarantee how many times your Ads will be viewed or displayed. You understand that Evolution Finance will determine, in its sole discretion, how to measure the number of impressions, inquiries, conversions, clicks, or other actions taken by third parties in connection with your Ads, and all charges will be based on such measurements.
8.2 You are responsible for maintaining the security of your Business Account, and you understand that you will be charged for any orders placed on or through your Business Account.
8.3 Without limiting section 5.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter.
8.4 Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys fees that we incur in connection with collecting any and all late amounts.
9. Notices and Amendments to These Payments Terms
9.1 We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within 3 business days of the time sent.
9.2 Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: Evolution Finance, Attention: Payment Disputes, 150 SE 2nd Ave, Suite 300, Miami, FL 33131 U.S.A.
9.3 The Payment Terms in place at the time you confirm a transaction will govern that transaction.
9.4 We may change these Payment Terms, in whole or in part and at any time, in accordance with Section 3 of the Universal Terms (Changes to the Terms).
10. Other
10.1 In the event of any conflict between these Payments Terms and the Universal Terms, the Payments Terms shall prevail.
10.2 Some countries may restrict or prohibit your ability to make payments through Evolution Finance. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.