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Terms and Conditions

Updated as of March 27, 2025

Acceptance of Terms

When you access betterment.com, our mobile applications, and our other online services and websites (collectively, the “Platform”) you are agreeing to be bound by the following Terms and Conditions,  the Privacy Policy, and the Copyright and Intellectual Property Policy on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”). Please review them carefully.

The section below titled “Dispute Resolution; Agreement to Arbitrate” requires all claims to be resolved by way of binding arbitration. The section below titled “Class Action Waiver” contains a binding class action waiver. Please read both sections carefully, as they affect your legal rights.

General Information

The provision of advisory and brokerage services to Betterment retail clients is governed by the Betterment client agreements or, for clients pre-funding with a basic login and password that are solely receiving non-discretionary advice, the simple and supplementary services client agreements. The provision of advisory and brokerage services to Betterment Advisor Solutions clients is governed by the Betterment Advisor Solutions client agreements. The provision of advisory and brokerage services to 401(k) plans and their participants is governed by the service agreements between Betterment and plan sponsors, as well as separate Participant Terms & Conditions. The provision of services by Betterment Financial LLC is governed by the Betterment Checking Terms and Conditions. Each of the foregoing agreements, collectively and individually, are referred to herein as the “Client Agreements.” You should read any applicable Client Agreements carefully before determining whether to engage Betterment to provide you with advisory, brokerage, and/or other financial services.

In general, references to “Betterment,” “us,” “our”, or “we” on the Platform refer to “Betterment LLC”. However, for purposes of these Terms and Conditions, the term “Betterment” refers collectively to Betterment LLC, Betterment Securities, Betterment Advisors Solutions, Betterment for Business LLC, and Betterment Financial LLC, as well as their respective affiliates, partners, agents, and employees.

Use of the Platform

The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older and are fully able and competent to enter into and abide by these Terms and Conditions.

The Platform is only intended for use by persons located in the United States. Betterment makes no representation that the Platform is appropriate or available for use outside the United States. Similarly, Betterment makes no representations that accessing the Platform from locations outside the United States is legal or permissible under local law.

Conditions of Use

You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use the Platform solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Platform in any way.

You agree not to engage in any of the following:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion of the Platform, other than via software that sends queries to the Platform to index or rank a website for search and location purposes, without Betterment’s express written consent, which may be withheld in Betterment’s sole discretion.
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Microsoft Explorer).
  • Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Platform.
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.

Access to the Platform

Betterment reserves the right, in its sole discretion, to terminate or suspend your access to the Platform, or any portion of the Platform, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of the Platform shall be governed by these Terms and Conditions, and the provision of any investment advisory and brokerage services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms and Conditions to the contrary, in the event of any conflict between the Terms and Conditions and a Client Agreement, the Client Agreement shall control.

Further, if we believe, in our sole discretion, that a violation of these Terms and Conditions has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms and Conditions. We may seek to gather information from a client who is suspected of violating these Terms and Conditions (or from any other client) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any client information, emails, or other materials that are believed to violate these Terms and Conditions.

Any suspension, termination, or cancellation shall not affect your obligations to Betterment under these Terms and Conditions (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Performance Displays

Actual performance information for Betterment portfolios since creation (i) accounts for the timing of trades, withdrawals, deposits, and allocation changes, (ii) is inclusive of dividends, (iii) is net of Betterment’s management fee, and if you are a client on Betterment Advisors Solutions, any management fee charged by the third-party Advisor, and (iv) will reflect the impact of any material market or economic conditions on your portfolio’s performance. Management fees are accrued daily and charged monthly or quarterly. Management fees do not include any custodial or recordkeeping fees charged in connection with an HSA or 401(k). Market conditions can and will impact your performance, and past performance is not indicative of future results. To learn more, please review Betterment Performance Disclosure.

Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments at Betterment may lose value.

The return, composite, and performance information shown on the Platform uses or includes information compiled from third-party sources, including independent market quotations and index information. Betterment believes the third-party information comes from reliable sources, but does not guarantee its accuracy.

Platform is for Educational Use Only

The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, Betterment will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.

Secured Areas

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Platform may be subject to legal action.

You may not obtain or attempt to obtain unauthorized access to such parts of the Platform, or to any other protected materials or information, through any means not intentionally made available by Betterment for your specific use.

Betterment has physical, electronic and procedural safeguards that comply with federal standards to guard clients’ non-public personal information (see Privacy Policy).

If you have a password for access to non-public areas of the Platform, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Betterment shall not be under any duty to inquire as to the authority or propriety of any instructions given to us by you or via your password and shall be entitled to act upon any such instructions and we will not be liable for any loss, cost, expense or other liability arising out of any such instructions.

Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Betterment. Notify us immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with us in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete.

Communications with Betterment

As part of the Platform, or in connection with the actions necessary to apply for the Platform, you may receive notifications, alerts, emails, or other types of messages regarding the Platform (for example, Two-Factor Verification, suspicious activity alerts, or money movement confirmations). When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.

We never include your password in these communications, but we may include your name, or email address, and information about your account(s). Anyone with access to your e-mail or mobile device will be able to view these alerts.

It is your responsibility to update or change the contact information registered with Betterment, as appropriate. If you become aware of any unauthorized use of your information, please contact us immediately.

We may send you communications that you are required to read. You may customize them according to your preferences. You may unsubscribe from marketing oriented emails at any time.

When you access the Platform through a mobile network, your network or roaming provider’s messaging data and other rates and fees may apply. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from Betterment. We are not liable for delayed or undelivered messages.

Authorized employees or agents of Betterment may monitor and record all or portions of your telephone calls, emails, text messages, chats and other communications with Betterment for quality control, customer service, employee training, security, legal, compliance, and other lawful purposes. You hereby consent to such recording. That consent is ongoing and need not be confirmed prior to, or during, such monitoring or recording, except to the extent applicable law expressly requires otherwise. Betterment may also archive your communications with Betterment for regulatory and other purposes.

Site Availability

While we have put resources into building and testing our computer systems, computer glitches, slowdowns, and crashes will occur. We will also need to restrict access to some parts of our website or our entire website to perform routine maintenance. We will try to schedule our maintenance during the middle of the night.

While it is our intention that our website will be available seven days a week except when maintenance is scheduled (usually for weekends), you understand that we do not guarantee that you will always be able to access the Platform. Computer problems can arise on your end, our end, or anywhere in between: your computer may break down; the connection between your computer and your Internet service provider may not work properly; your Internet service provider may go down; or our computers and the computers we link to may be unavailable due to unforeseen system outages.

When trading volumes soar on our nation’s stock markets and many investors want to buy or sell at the same time, lines form and orders cannot be filled as quickly. You agree that we are not responsible for any losses or liabilities that may occur as a result of high trading volume, market volatility, or computer, telecommunications, or Internet failures, regardless of the cause.

Network Security, Reliability, and External Links

You acknowledge that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. E-mail notifications sent by Betterment will not contain sensitive or confidential information. Due to security risks, you should not send any sensitive information, such as account numbers or passwords in an unencrypted e-mail. E-mails may fail to transmit properly. Regardless of whether you receive an e-mail notification, you agree to check the Platform to avoid missing time-sensitive information. You further agree that for your records, you can download and save or print the communications received via electronic delivery.

The Platform links to certain content created by third parties that are not affiliated with Betterment. Betterment is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Platform. Betterment assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.

Limited Liability

NEITHER BETTERMENT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE USE OF THE PLATFORM OR A LINKED WEBSITE (INCLUDING BUT NOT LIMITED TO THE DELAY OR INABILITY TO USE THE PLATFORM OR A LINKED WEBSITE). THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARE FORESEEABLE OR WHETHER BETTERMENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL BETTERMENT’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.

No Warranties

All products, services, and content on the Platform are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. Betterment specifically disclaims any duty to update the information on the Platform and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Platform. Betterment does not guarantee that the Platform will operate error-free or that the platform, its servers, or the content are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, or rely on the information presented on it, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Indemnification and Hold Harmless

You agree to indemnify, defend, and hold Betterment harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms and Conditions or use of the Platform. Nothing in these Terms and Conditions shall affect any non-waivable statutory rights that apply to you. Betterment reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Betterment’s defense of such matter.

Choice of Law

All Platform activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles.

Dispute Resolution; Agreement to Arbitrate

You and Betterment (for purposes of this section, “the parties”) agree that any claim or controversy that may arise between you and Betterment relating in any way to your use of the publicly available portions of the Platform will be determined by binding arbitration conducted under JAMS Comprehensive Arbitration Rules & Procedures. This arbitration agreement includes any controversy involving the performance, construction, or breach of these Terms and Conditions.

You and Betterment agree that the arbitration shall apply the substantive law of New York to all state law claims, that limited discovery shall be conducted in accordance with JAMS Comprehensive Arbitration Rules & Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS Comprehensive Arbitration Rules & Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law, or other written explanations of the reasons for the award. You understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. You acknowledge that you are waiving your right to a jury trial. Judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction and the parties hereto and their respective representatives hereby submit to the jurisdiction of any such court for the purpose of such arbitration and the entering of such judgment.

Federal and state statutes of limitation, repose, and/or other rules, laws, or regulations impose time limits for bringing claims in federal and state court actions and proceedings. The parties agree that all federal or state statutes of limitation, repose, and/or other rules, laws, or regulations imposing time limits that would apply in federal or state court, apply to any controversy, and such time limits are hereby incorporated by reference. Therefore, to the extent that a controversy would be barred by a statute of limitation, repose or other time limit, if brought in a federal or state court action or proceeding, the parties agree that such controversy shall be barred in an arbitration proceeding.

Any award of the arbitrator or a majority of the arbitrators will be final and binding, and judgment on such award may be entered in any court having jurisdiction. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.

You agree to the following additional provisions regardless of your place of residence at the time a controversy arises:

  • You agree that any arbitration hearing will be held in New York, New York;
  • You agree to the personal jurisdiction of the courts located in the State of New York, United States, to interpret and enforce the arbitration provisions described in these Terms and Conditions; and
  • All arbitrations will be held in the English language, unless otherwise agreed to by the parties.

You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors and assigns.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Waiver and Severability

Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Assignment

You may not assign these Terms and Conditions (by operation of law or otherwise) without the prior written consent of Betterment, and any prohibited assignment will be null and void. Betterment may assign these Terms and Conditions or any rights hereunder without your consent.

Platform and Terms Subject to Change

We reserve the right to change these Terms and Conditions by posting a revised agreement. If you don't agree with these changes, you must stop using the Platform. The information on the Platform is subject to change without notice.

Feedback and Questions

Your feedback is welcome and encouraged. You may submit feedback by emailing us at support@betterment.com. You agree, however, that (i) by submitting unsolicited ideas to Betterment or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Betterment. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Betterment together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

If you have any questions about these Terms and Conditions or about Betterment or content thereon, please contact us at support@betterment.com.

You can also contact us by phone at 718.400.6898 or via physical mail at:

Betterment LLC

450 West 33rd Street, FL 11

New York, NY 10001