Terms of Use

Effective Date: May 15, 2017

Thank you for using www.sofi.com, www.sofi.org (together the “Website”), or the SoFi Mobile Application (the “SoFi App”). By using the Website or clicking the “Sign In” button or downloading, installing, accessing or using the the SoFi App, you are agreeing to be bound by the terms of use described below (the “Terms of Use”), so please read them very carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT (i) ACCESS OR USE THE WEBSITE OR THE SOFI APP; (ii) CLICK THE “ACCEPT” BUTTON; OR (iii) DOWNLOAD THE SOFI APP. These Terms of Use are provided on behalf of Social Finance, Inc., SoFi Lending Corp, SoFi Wealth LLC, SoFi Securities, LLC and their affiliates (together, “Social Finance”, “SoFi”, “we”, or “us”).

Privacy

Your privacy is very important to us. Our privacy policy explains how we treat your personal information and protect your privacy when you use our Website or the SoFi App. We will not share or sell any of your information with any third party, except as specifically described in our privacy policy, which is hereby incorporated by reference into these Terms of Use.

Information Sharing and Social Features

You may have the opportunity to share content or information, including, but not limited to, your name, email address, or other information that you provide via the Website or the SoFi App, with other users of the Website or the SoFi App. By sharing information or content on the Website or the SoFi App, you expressly agree to all of the following:

  • – You grant Social Finance a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you post on or in connection with your use of the Website or the SoFi App, subject to the privacy provisions described in our privacy policy.
  • – You understand that deleted content or information may continue to exist on our servers or in backup copies that we maintain for our own use.
  • – You will not post content or take any action on the Website or the SoFi App that may constitute libel or slander, infringes or violates someone else’s rights, that is protected by any copyright or trademark, or otherwise violates the law.
  • – Content and information that you share will be available to other users of our Website or the SoFi App. You understand that such third parties may access, use, store and transfer such content and information and to associate it with you.
  • – You agree that you will not use the Website or the SoFi App for commercial purposes.
  • – We may remove any content or information that you share on the Website or the SoFi App for any reason.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or SoFi App, or any transaction being conducted on our Website or the SoFi App.

Loan Pre-Registrations and Applications

You may be presented with the opportunity to pre-register and/or apply for a loan through the Website or the SoFi App. When pre-registering or applying for a loan on the Website or the SoFi App, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, Social Finance has the right to terminate your loan pre-registration and/or application and to decline to provide any and all future use of the Website or the SoFi App. We reserve the right to decline your application for a loan.

Your Account

You may be required to create an Account to use of the certain parts of the Website or the SoFi App. When you create an account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. The SoFi App is intended to be a supplement, not a replacement, to your online SoFi Wealth Account or other SoFi Accounts (your “Accounts”). All agreements and disclosures that you have entered into in connection with or that apply to your Account(s) with Social Finance, Inc., SoFi Lending Corp, SoFi Wealth, LLC, SoFi Securities, LLC, and each and every current and future affiliate of Social Finance, Inc., also apply to the SoFi App and your use thereof.

Use of the SoFi App

You agree to use the SoFi App in accordance with these Terms of Use and any applicable usage rules of any third-party mobile telephone, tablet or other device (each a “Mobile Device”) or service provider or the third party from whom you are downloading this SoFi App (the “App Venues”). Supported App Venues include iTunes and Google Play; other App Venues are NOT supported. It is your responsibility to review the terms and conditions of any App Venue and to determine what usage rules of such App Venue apply to you depending on (i) your Mobile Device, (ii) the method by which you downloaded the SoFi App, and (iii) the App Venue from which you downloaded the SoFi App (collectively, the “Usage Rules”).

SoFi may offer services to you through the SoFi App (the “Services”). You acknowledge and understand that certain Services available to you through the SoFi App, including, but not limited to, your ability to conduct financial transactions or alter your portfolio or view your account balances, require data access or wireless internet capability. You agree that you are responsible for any such data access or wireless internet charges of your Mobile Device service provider. The SoFi App is designed to be accessible on multiple types of Mobile Devices and operating systems. SoFi does not, however, make any representation or warrant that the SoFi App will be compatible with your Mobile Device or any specific operating system version of your Mobile Device or any other hardware, software, equipment or device installed on or used in connection with your Mobile Device. You agree that your functional use of the SoFi App may be affected by or dependent on your wireless connection and speed or your wireless service provider.

The functionality of the SoFi App could become disabled during times of poor connections or speeds from your wireless or internet service provider while conducting financial transactions, including, but not limited to, when you are attempting to change your portfolio. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your Account or contacting SoFi Customer Support at 1-855-525-7634 or online at www.sofi.com. You acknowledge and agree that SoFi, and its affiliates, agents and licensors, shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems or the failure of or your failure to confirm any attempted transaction.

You acknowledge, understand and agree that your use of the SoFi App and your access to your Account through the SoFi App is governed by your Account Agreements to which you have previously agreed to with Social Finance, Inc., SoFi Lending Corp, SoFi Wealth, LLC, SoFi Securities, LLC, and each and every current and future affiliate of Social Finance, Inc., in addition to these Terms of Use.

Changes and Modifications

Social Finance reserves the right to temporarily or permanently modify or discontinue the Website or the SoFi App, or any portion of the Website or the SoFi App, for any reason, at our sole discretion, and without notice to you. Social Finance may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, because your continued access or use of the Website or the SoFi App after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

Links

This Website or the SoFi App may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of Social Finance. Social Finance does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites.

No Warranty

Social Finance does not warrant the accuracy, adequacy or completeness of the information provided on the Website or SoFi App and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Website or SoFi App provide you with ESTIMATES that may be different than actual amounts.

Use of Personal Data

Social Finance and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers, including but not limited to Quovo, Inc., retrieve financial information such as holdings, balances and transactions. Social Finance and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy Statement.

Social Finance and its subsidiaries may use your personal data, user data and other information collected through the Website or SoFi App to help us improve the content and functionality of the Website or SoFi App, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

Social Finance and its subsidiaries may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.

Quovo Services

Social Finance and SoFi Wealth offer account linking and aggregation services through Quovo, Inc. Such services are offered under the Quovo Terms of Use, which are incorporated by reference into these Terms.

Limitation of Liability

You agree that all access and use of the Website, the SoFi App and their contents is at your own risk. In no event shall Social Finance be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or the SoFi App or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Social Finance, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

SoFi App End-User License

  License Grant and Restrictions on Use

The SoFi App is licensed, not sold, to you by Social Finance, Inc. for use strictly in accordance with the terms and conditions of the Terms of Use and this license. Upon downloading the SoFi App, SoFi grants you a personal, revocable, non-exclusive, non-transferable limited license to install and use the SoFi App on your Mobile Device to access and use the Services for your personal, non-commercial use and display strictly in accordance with this license, your Account Agreements, these Terms of Use and any applicable Usage Rules (the “License”). This License is granted solely for the use and purpose as intended for the SoFi App.

You agree that you shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the SoFi App; (ii) make any modification, adaptation, improvement, enhancement, translation, copy or derivative work from the SoFi App; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the SoFi App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SoFi or its affiliates, partners, suppliers or the licensors of the SoFi App; or (iv) create, design, engineer or use any “bot” or other technology in connection with the SoFi App.

  Intellectual Property Rights of the SoFi App

You acknowledge and agree that the SoFi App and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are owned by SoFi or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to the SoFi App are reserved by SoFi and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to SoFi, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but not limited to, copyright and trademark notices, from the SoFi App or alter, obscure or modify such notices in any way. Except as expressly stated in this license, you are not granted any intellectual property rights in or to the SoFi App by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by SoFi.

You acknowledge and agree that, in the event of a third-party claim that the application infringes any third party’s intellectual property rights caused by or arising out of your use of the SoFi App, you (and not SoFi or any third-party Mobile Device service provider or App Venue) shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, any third-party claims or any other harm or damages caused by, arising out of or resulting from your use of or access to the SoFi App. You hereby release SoFi and its employees, officers, directors, affiliates, agents and licensors from any and all liability caused by, arising out of or resulting from your use of the SoFi App or the Services, including from product liability claims or any claim that the SoFi App fails to conform to any legal or regulatory requirement. You will, however, promptly notify SoFi in writing of any such claim.

Because SoFi values the protection of its intellectual property, it seeks to respect other individual’s intellectual property rights. If you believe that material on our SoFi App violates your copyright, please notify us at info@sofi.org. SoFi will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary. If a member repeatedly infringes upon copyrights, his or her account may be subject to termination at SoFi’s discretion.

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

  Indemnification

You shall indemnify, defend and hold harmless SoFi and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the SoFi App; (ii) your breach of this License; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

  Export Control

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (x) located in any 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, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law.

  Term

This License shall be effective until terminated.

  Termination

SoFi may, in its sole and absolute discretion, at any time and for any or no reason and with or without prior notice, suspend or terminate this License and the rights afforded to you hereunder. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by SoFi. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application.

Applicable Law

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website or the SoFi App. Our Website and the SoFi App is available only to individuals who are permitted to use it under applicable law. Additionally, the Website and SoFi App are intended only for personal, non-commercial use and display by U.S. residents aged 18 years and over. If you do not qualify, please do not use our Website or the SoFi App. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree to be solely responsible for your actions and the contents of your transmissions through the Website or the SoFi App. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and the License, and to use the Website or the SoFi App in accordance with these Terms of Use. Unauthorized use of this Website or the SoFi App, including but not limited to unauthorized entry into Social Finance’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of California, without regard to its provisions relating to conflict of laws. You and Social Finance agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within San Francisco County, California. The failure of Social Finance to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website, the SoFi App, or these terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please direct all questions or comments about these Terms of Use to info@sofi.org

COPYRIGHT © Social Finance, Inc. ALL RIGHTS RESERVED.

Social Finance owns the copyright in all of the information and material contained in this Website and the SoFi App. The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. Your right to use the Website and the SoFi App is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Website or the SoFi App, or use of or access to the Website or the SoFi App, or any information or technology obtained from the Website or the SoFi App, including, but not limited to, SoFi’s trademarks.

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