Terms of use of Autoinvest

  1. The terms of use of the website www.envestio.com (hereinafter the “Terms of Use”), which define the legal relations between registered users (hereinafter the “User” or “Users”) of the website www.envestio.com (hereinafter the “Platform”) and Envestio SI OÜ (hereinafter the “Website Manager”) following the usage of the Website, apply to the use of the Autoinvest application (defined in paragraph 2, hereinafter referred to as ‘Autoinvest’), taking into account the specifications set out in this Terms of Use of Autoinvest (hereinafter referred to as ‘Terms of Autoinvest’).
  2. Autoinvest is an application of the Platform, which allows submitting automatic declarations of intention within specific types of investment opportunities (the characteristics of which have been defined by the Website Manager)by the User using the Platform according to the parameters set by the User.
  3. By activating the Autoinvest application, the user shall grant the Website Manager the rights to enter into loan agreements via the Autoinvest application pursuant to the criteria chosen by the User. The User sets up the Autoinvest by activating Autoinvest through the Investor account. An unlimited number of Autoinvest rules with different settings can be activated through one Investor account.
  4. The User has access to the terms and conditions of the Autoinvest application on the Platform. By activating Autoinvest, the User confirms that (i) they have read and fully understood the operation principles of Autoinvest and the potential results associated with its activation and (ii) have also read and fully understood the Terms of Autoinvest, agree to follow and comply with them and look forward to the consequences described in them.
  5. The User determines, for example, the parameters of the following criteria in the settings of Autoinvest:

    5.1. the minimum and maximum loan amount defined by the User per loan agreement (with a minimum loan amount equal to or exceeding the minimum specified by the Website Manager);

    5.2. the maximum investment amount possible to invest via Autoinvest in various loans (i.e. the maximum amount of the total funds invested via Autoinvest), (hereinafter the “Limit”);

    5.3. the minimum and maximum interest rate;

    5.4. the minimum and/or maximum loan period;

    5.5. suitable types of investment opportunities;

    5.6. whether a User may have multiple active investments made to the same Loan Originator via Autoinvest;

  6. In order to enter into loan agreements via Autoinvest, the User must hold sufficient funds in their Investor account at Envestio platform that allow the entry into loan agreements pursuant to the criteria chosen by the User.
  7. Autoinvest submits declarations of intention according to the terms of setup (i.e. submits offers and accepts) only in the range of the free balance of funds on the Investor account of the User, from which any other financial obligations or instructions of the User are not subject to execution in accordance with the Terms of Use.
  8. While filling up the parameters in accordance with the Paragraph 5 above the User instead of setting the Limit may choose to invest all the funds in its Investor account available during all the term of the Autoinvest specified by the User. By choosing unlimited Autoinvest amount the User authorizes the Platform to invest all the current and future funds in the Investor Account without any limits, irrespective of the way of entrance of these funds into the Investor Account. The User acknowledges and agrees that the income from its investments via the Platform also will be reinvested.
  9. According to their discretion and the needs of the type of investment opportunity, the Website Manager may remove or include criteria to be defined by the User in Autoinvest. If the Website Manager removes any criterion for a particular investment option from all Autoinvests, they shall inform the User of this at least one working day in advance and the rest of Autoinvest will remain valid unless the User deactivates it. If the Website Manager adds an additional criterion for a specific investment opportunity or permanently to all Autoinvests to be defined by the User, the User may change existing Autoinvests and make a choice based on the additional criterion.
  10. Upon activating Autoinvest, any declaration of intention submitted via Autoinvest shall be deemed to have been done and confirmed by the User without a request for an additional confirmation of the wish to submit a declaration of intention and, as such, is binding and irrevocable to the User. The User is informed and agrees that only the User itself is responsible for the parameters of Autoinvest filled in its Profile and waives any claims against the Platform in this regard.
  11. The User acknowledges and agrees that the Autoinvest shall not be considered as the Platform’s investment advice or the investment management services. The choice of the loan amount for purchase by the User using the Autoinvest is being made automatically based only on the parameters set by the User on its own. The Platform is not responsible for results of such a choice.
  12. When a new application is added in the portal, the Autoinvest application shall create a list of the Autoinvest rules created by Users, who use the Autoinvest application. The Autoinvest rules shall be ranked in the list according to the most recent transaction made by the Autoinvest application so that the highest rank shall be assigned to Autoinvest rules of Users, through which the funds were used to make a transaction the longest time ago. If the funds of a User have not been invested via the Autoinvest application, the ranking of the User in the list shall be determined by the time of activation of the Autoinvest application. On the basis of a corresponding list to be generated each time a new, the system shall decide whose funds can be raised upon making an investment, and to what extent. Maintenance of the list by the application shall ensure equal treatment of Users upon using the funds granted by them for investment.
  13. If the maximum loan amounts defined in the parameters of different Autoinvests (of Investor accounts and Users) exceed the maximum amount to be borrowed via the Platform in the case of an investment opportunity to be opened Autoinvest submits declarations of intention to the greatest extent possible.
  14. If the balance of the Investor account is less than the maximum loan amount defined in the parameters of Autoinvest, Autoinvest will submit a declaration of intention (i.e. submits offers or accepts) to the greatest extent possible of the positive balance of the Investor account, provided that the amount described above exceeds the minimum loan amount defined in the parameters of Autoinvest.
  15. Autoinvest submits an automatic declaration of intention immediately before the Users are given the opportunity to manually submit a declaration of intention on the Platform in relation to the corresponding investment opportunity.
  16. When activating Autoinvest, the rule will not apply to ongoing (already opened for investing) investment opportunities, but will launch in the case of investment opportunities opened after the activation of Autoinvest.
  17. If multiple active Autoinvests (including with overlapping parameters) are linked to the same Investor account, then all Autoinvests will submit declarations of intention until this Investor account has sufficient positive balance.
  18. Fulfilment of monetary obligations arising from transactions made as a result of the User’s declarations of intention submitted by Autoinvest shall be executed via the Investor account in accordance with the provisions in the Terms of Use. The Platform becomes entitled to reduce the balance of the User’s Investor Account for the amount of the Loan purchased in accordance with the Loan agreements entered into by the User and use the respective funds for payment of the Loan amount to the Borrower and register the Loan amount as owned by the User in the User’s profile.
  19. Via the User account, the User can review the transactions and the concluded loan agreements made via Autoinvest at any given time and get an overview of the disposing of funds in the Investor Account, which has taken place on the basis of loan agreements concluded as a result of declarations of intention submitted via Autoinvest. The Platform has no obligation to additionally inform the User on the Loan shares purchased during the use of the Autoinvest and the rights and obligations arising from the Loan agreements entered into by the User.
  20. The user may turn on, temporarily pause, turn off, or change the setup of Autoinvest according to their discretion at any given time. Pausing, turning off, or changing the settings of Autoinvest does not invalidate the declarations of intention previously submitted via Autoinvest. The activation of Autoinvest does not prevent the User from submitting declarations of intention in the Platform in any other way.
  21. If the Investor Account does not have a sufficient positive balance for submitting declarations of intention via activated Autoinvest, it does not pause or turn off Autoinvest. If a sum equals to at least the minimum loan amount defined in the parameters of Autoinvest is transferred to the Investor account with insufficient balance to make declarations of intention via Autoinvest or if capital is repaid or earned interest income or other payments are received, Autoinvest will submit declarations of intention again.
  22. If the actual amount of the funds invested using the Autoinvest has reached the Limit, the Autoinvest is paused untilthe Limit is increased by the User.
  23. Changing the settings of Autoinvest does not affect the declarations of intention, orders, or conditions of concluded agreements previously submitted via Autoinvest.
  24. The Platform is entitled to stop providing of the Auto-invest service at any time, informing the User in its Investor Account.
  25. All the matters that are not regulated in these Special Conditions shall be regulated by the general Terms of Use. In the situation of conflict between the wording of the Terms of Use and these Special Conditions the Special conditions shall prevail. The additional technical information and the manual of the Autoinvest are available on the Platform webpage.

 

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