MetLife Upwise Application: Terms and Conditions

Last updated: December 17, 2021

MetLife Upwise Application: Terms and Conditions

1. Introduction

Please review these Terms of Use (“Terms”) carefully.  These Terms govern your access to and use of the MetLife Upwise Application (“Application”) as owned and operated by MetLife Consumer Services, Inc. (“MetLife”) and for your use of tools and services and any content provided through the Application that we may provide to you and that may include utilizing user’s third party account information (“Services”).  Hereinafter “you” “your” means the User and “us” “we” or “our” refers to MetLife or third-party service providers of MetLife. You should review these Terms regularly as they may change at any time at our sole discretion. By continuing your access to the Application after any change to these Terms, you accept the updated Terms. You may not use the Application if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with MetLife. You agree that you access the Application at your own initiative and that your use of the Application and your use of and access to any content is solely at your own risk. The agreement for use of the Application is with you. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

2. Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS APPLICATION. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL PRODUCTS MADE AVAILABLE TO YOU ARE PROVIDED “AS IS” OR “AS AVAILABLE.”  METLIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR WITH RESPECT TO THE MATERIALS AND SERVICES, ANY WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS, CURRENTNESS, COMPLETENESS OR PERFORMANCE; OR WITH RESPECT TO THE APPLICATION, ANY WARRANTIES OF OPERATION, SECURITY, AVAILABILITY OR FUNCTIONALITY.  

THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND SOLE RISK FOR YOUR USE OF THE PRODUCTS.   SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

3. Privacy/Treatment of Information or Data Transmitted to Us

Personal information transmitted to us will be treated in accordance with our Privacy Policy.

4. Proprietary Rights & Restricted Use

This application's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this application's content is protected by trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Subject to these Terms, MetLife grants you a limited, non-transferable, non-exclusive, revocable license to possess and use the Application for your personal and non-commercial use within the United States and its outlying areas for so long as you are permitted by MetLife to use the Application. You agree that you will not make available any content in connection with the Application that:

  • is false, fraudulent, inaccurate, impersonating, misrepresenting or misleading;
  • violates these Terms or other MetLife policy, any local, state, federal or international laws or is otherwise tortious;
  • would infringe on the rights of others (including MetLife);
  • is, or otherwise promotes content or action that is, obscene, indecent, pornographic, objectionable, derogatory, defamatory, threatening, harassing, abusive, slanderous, violent, hateful or embarrassing to any other person, entity or group as determined by MetLife in its sole discretion;
  • victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
  • is intended to cause harm, damage or interference.

You may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this application, without the prior written permission of MetLife. You may request permission by sending a request by e-mail to cscontact@metlifeservice.com.

5. Your Use of the Application

You are solely responsible for maintaining the confidentiality and security of your Upwise account including username and password. You may not use another user’s Upwise account or permit a third party to use your Upwise account at any time.  You represent and agree that all information you provide to us in connection with the Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you choose to include or access through the Services, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Services, and (iii) give us and our service providers all other information you provide. MetLife is not responsible for any losses arising out of the unauthorized use of your account, or if you lose or share access to your device. In connection with the Application, you may not nor permit, encourage, assist or allow any third party to:

  • use the Application for any commercial, fraudulent or otherwise tortious or unlawful purpose or otherwise modify the Application in any way;
  • remove any copyright, trademark, or other proprietary rights notice from the Application;
  • systematically download and store, reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute, or otherwise exploit the Application;
  • use the Application or MetLife’s trademark, URL, name, logo or brand within any meta tags, metadata or hidden texts or to send any form or method of advertising, promotional or other unsolicited materials, content or products;
  • pose a security risk to, restrict or inhibit any person’s use of or interfere with or disrupt the operation of the Application, including without limitation by hacking or defacing any portion of the Application or violating any requirement, procedure or policy of MetLife;
  • reverse engineer, decompile or disassemble any portion of the Application or frame, mirror or otherwise incorporate any portion of the Application into any product or service;
  • make available through or in connection with the Application any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (collectively, “Computer Virus(es)”);
  • harvest or collect information about users of the Application;
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Application;
  • cause injury or property damage to MetLife or any person or entity; or
  • violate any law, rule, or regulation, or these Terms.

6. Authority to Access Information

Your use of the Services is your authorization for us or our service providers, as your agent, to access third party sites (i.e. bank account, credit card account) which you designate in order to retrieve information. Unless and until this User agreement is terminated, you grant us and our service providers the right to access information at third-party sites on your behalf. You authorize us or our service providers to use any information, data, personally identifiable information or other content you provide through the Services or that we or our service providers retrieve on your behalf for purposes of providing the Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, us or our service providers may store, use, change, or display such information or create new content using such information. Third-party sites shall be entitled to rely on the authorizations granted by you or through your account. For all purposes hereof, you hereby grant us and our service providers the right to access third-party sites to retrieve information on your behalf, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You are licensing to us and our service providers any information, data, personally identifiable information or other content you provide through the Services. Upon notice to us, you may (i) revoke our right to access information at third party sites on your behalf, or (ii) subject to Section 8, request deletion of information collected from third party sites. You understand and agree that the Services are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN US OR OUR SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY SITES.  

7. Third Party Accounts.

The Application may contain links to other websites, applications, or networks external to the Upwise Application (“Linked Sites”). The Linked Sites are maintained by third parties over which MetLife exercises no control and may be subject to said third parties’ legal terms or privacy policies. Your correspondence or any other dealings with third parties are solely between you and such third party. Accordingly, MetLife expressly disclaims all liability and responsibility for such third-party applications, websites, or networks. With respect to any third-party sites we may enable you to access through the Services or with respect to any third party accounts you include or link in the Services, you agree to the following:

a. Any links to third party sites that we may provide are for your convenience only, and us and our service providers do not sponsor or endorse those sites. Any third-party services (i.e. linked accounts), which you may be able to access through the Services, are services of the listed institutions. We and our service providers have no responsibility for any transactions and inquiries you initiate at third party sites. The third-party sites you select are solely responsible for their services to you. We and our service providers are not liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties. 

b. You are responsible for all fees charged by the third party in connection with any third party accounts and transactions (i.e. linked accounts). You agree to comply with the terms and conditions of those accounts and agree that this User agreement does not amend any of those terms and conditions. If you have a dispute or question about any transaction on a third party account, you agree to direct these to the account provider.

 c. Limitations of Services. When using the Services, you may incur technical or other difficulties. Neither we or our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Services is for informational purposes only, does not represent an official record of your account, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and our service providers reserve the right to change, suspend or discontinue any or all of the Services at any time without prior notice.  In the event that Services are discontinued, your information shall be retained in accordance with this Agreement and our privacy policies. 

8. Aggregated Data  

Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Services, may be used by us and our service providers to conduct certain analytical research, performance tracking, benchmarking, and improvement of services.  Our service providers may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support.  Your personally identifiable information will not be shared with or sold to third parties or employers.  

9. Ownership 

You agree that we and our service providers, as applicable, retain all ownership and proprietary rights in the Services, associated content, technology, mobile applications and websites. 

10. Subscription Cancellation Services

By signing up for subscription cancellation Services, you acknowledge that you have the authority to make changes to the applicable account with the provider and you grant that authority to us. You may cancel a subscription cancellation request prior to us completing the request. After the subscription cancellation has been completed, your provider may limit your ability to restart your prior subscription. You hereby acknowledge and agree that we are authorized to share the information you provide with our partners for the purpose of communicating with the provider, make changes to your account(s) with the provider, and to modify or cancel the services and/or features that you receive from the provider, in accordance with this Agreement and your request.

11. Export Restrictions  

You acknowledge that the Services and any software underlying such Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law. 

12. Other Terms 

You may not assign this User agreement. A determination that any provision of this User agreement is unenforceable or invalid shall not render any other provision of this User agreement unenforceable or invalid. 

13. Consent to Electronic Communications

You hereby agree to the use of electronic communication in order to enter into contracts and to request and receive Services, and agree and consent to the electronic delivery of notices, and other communications that we provide in connection with your account or Services (the “Communications”). Such Communications will be sent to the email address and/or cell phone number that you provide during the registration process and as may be updated by you from time to time through the methods we designate. By entering into the Agreement, you are providing your consent to receive emails and text messages from us and our partners.

14. Electronic Signature

You further understand that by requesting Services, entering your personal information where prompted, and indicating acceptance of the Agreement online, you are submitting an electronic signature and entering into a legally binding contract with us for such Services.

15. By Providing Content, We Do Not Allow You to Use Trademarks Referenced in This Application

MetLife Services and Solutions LLC is the copyright owner of all text contained on this application. METLIFE®, UpwiseTM and other trademarks and service marks of Metropolitan Life Insurance Company, or its subsidiaries or affiliates that may be referred to on this application are the property of Metropolitan Life Insurance Company or one of its subsidiaries or affiliates. Other parties' trademarks and services marks that may be referred to are the property of their respective owners. Nothing on this application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of MetLife, Inc., Metropolitan Life Insurance Company, MetLife or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this application, without prior written permission. You are not authorized to use our logo as a hyperlink to this application unless you obtain our written permission in advance.

16. We Are Not Providing Investment Advice Nor Soliciting Offers

Nothing in this Application constitutes legal advice or investment advice, including our filings with the U.S. Securities and Exchange Commissions (SEC). In addition, our investor relations materials and our other application content are not offers to sell or solicitations of any offer to buy any security or any insurance product. No security offered by MetLife, Inc., its subsidiaries or affiliates is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities law or other laws of such jurisdiction. No such security is offered or will be sold in any jurisdiction by an entity which is not properly licensed to do so in such jurisdiction. Information provided in the Application is for informational purposes only and is not intended to make any recommendations with respect to the purchase or investment in any product or investment.

17. All Products, Programs and Services May Not be Available in Your Area

This application is controlled by us from our offices within the United States of America. Except as specifically stated, we make no representation that content or materials in this application are appropriate or available for use in other jurisdictions. Access to this application content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this application from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this application in violation of U.S. export laws and regulations. The laws of the State of New York will govern the content and materials contained in this application, without giving effect to any principles of conflicts of laws.

18. Network Access and Devices

We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users.

You are responsible for obtaining and maintaining the data network access necessary to use the Application. Your mobile network’s data and messaging rates and fees may apply if you access or use the Application from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates to the Application. MetLife does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet, electronic communications and technology.

19. MetLife is Not a Credit Repair Company, Credit Reporting Agency, Broker or Advisor

You acknowledge that MetLife is not a credit repair company or similarly regulated organization under applicable laws, and does not provide debt settlement services, credit repair services, or advice or assistance regarding rebuilding or improving your credit record, credit history, or credit rating nor do we provide any representation that the information we provide will actually repair or improve your credit profile. The information and recommendations contained in the Application are not intended to be and should not be relied upon as legal, tax, investment or financial advice.  The information may not be updated regularly and therefore some of the information may not be current.  MetLife is not responsible for any errors or omissions.  We accept and by your use of the Application you agree MetLife has no liability for any loss or damage arising from the use of the Application or the recommendations given to you as a user of the Application. Each individual’s legal, tax, and financial situation is unique; therefore, you are advised to consult with your own attorney, accountant, and financial advisor regarding your specific circumstances. Where available, information provided via the Services is for your educational and reference purpose only. . Consult the services of a competent licensed professional when you need any type of this assistance. You acknowledge that MetLife is not a "consumer reporting agency" as that term is defined in the Fair Credit Reporting Act as amended.

20. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW:

A. INDIRECT DAMAGES.  METLIFE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, EVEN IF METLIFE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

B. TOTAL LIABILITY.  METLIFE WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE PRODUCTS.  

C. CONDUCT AND CONTENT OF THIRD PARTIES.  METLIFE WILL NOT BE LIABLE FOR: (I) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, OR FOR ANY CONTENT FROM, ANY OTHER USER OF THE APPLICATION; OR (II) ANY CONTENT OF ANY THIRD PARTY LINKED OR REFERRED TO ON THE APPLICATION OR YOUR INTERACTION WITH ANY SUCH THIRD PARTY. 

D. INFORMATION SECURITY.  EXCEPT AS MAY BE EXPRESSLY PROVIDED BY APPLICABLE LAW AS IT PERTAINS TO CUSTODIAL DUTIES, METLIFE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, IMPERMISSIBLE DISCLOSURE OR ALTERATION OF, INJURY, LOSS OR DAMAGE TO YOUR RECORDS, PROPERTY OR INFORMATION THAT RESULTS FROM YOUR USE OF THE PRODUCTS, INCLUDING THOSE RELATED TO YOUR USE OF THE APPLICATION.

21. WAIVER OF JURY TRIAL AND CLASS ACTION  

You agree that, with respect to any dispute with us or our service providers, arising out of or relating to your use of the Services or these terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE. 

22. SUSPENSION AND TERMINATION

MetLife may modify, restrict, suspend or discontinue all or any portion of the Application at any time without notice to you.  If the Application is discontinued, all personal information will be disposed of in accordance with our Privacy Policy. These terms are effective unless and until they are terminated by us or by you.  You may terminate these Terms at any time, provided you discontinue any further use of the Application.  We may suspend or terminate these Terms at any time, immediately without notice, and deny you access to the Application, if in our sole discretion, you fail to comply with any provision of these Terms.  

23. MAKING A CLAIM OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others.  If you believe your work has been copied and is accessible on the Web Site in a way that infringes your copyright, you may request removal of those materials from the Web Site by submitting written notification to our DMCA agent designated below. For your notice to be valid under the DMCA, it must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including name, postal address, telephone number, and, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe material you posted on the Web Site was removed by mistake or misidentification, you may file a counter notification with us by submitting written notification to our DMCA agent designated below. We will restore your removed content if the party filing the original DMCA notice does not file a court action against you within ten business days of receiving the copy of your counter notice. For your counter notice to be valid under the DMCA, it must include substantially the following:

  • Your physical or electronic signature;
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Web Site with the complaint at issue.

 

Under the DMCA, if you knowingly, materially misrepresent that material or activity on the Web Site is infringing your copyright or was removed or disabled by mistake or misidentification, you may be held liable for damages, including costs and attorneys' fees.

In accordance with the DMCA and other applicable law, it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. We may also at our sole discretion limit access to the services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.Our designated copyright agent to receive DMCA notices and counter notices is:

MetLife Copyright Agent
Attn: 
MetLife Law Dept.
200 Park Avenue
New York, NY 10166
Phone: 1-855-351-6855
Email: hostmaster@metlife.com

Note that to make a claim of infringement, you will be required to make a declaration, under penalty of perjury, that the information contained in your claim is correct and that you are the Intellectual Property Rights owner or an agent of the owner.  If the information you submit is not accurate or complete, we may be unable to process or respond to your request. If you have questions about what intellectual property infringement is, or whether your rights were infringed, consider seeking legal advice.

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