Fin Pods AI Inc – Terms of Service

1. Definitions

• "Services" refers to the secure file sharing, intelligent file renaming, structured data extraction, software, platforms, and websites provided by Fin Pods AI.
• "Client Data" means all electronic data or information, including files and documents, submitted by you or your End-Clients to the Services.
• "End-Client" refers to an individual client of your advisory firm whose information is processed through our Services at your direction.
• "Feedback" means any and all suggestions, ideas, enhancement requests, recommendations, or other feedback provided by you relating to the Services.
• "Subscription Term" means the period for which you have paid to use the Services.

2. The Services

Fin Pods AI grants you a non-exclusive, non-transferable, limited right to access and use the Services during the Subscription Term, solely for your internal business purposes and in accordance with this Agreement. We reserve the right to modify or update the Services from time to time at our discretion. The Services are intended for use only by financial industry professionals located within the United States. Any use of the Services from outside the United States is strictly prohibited and constitutes a breach of this Agreement.

3. Client Obligations and Responsibilities

• Lawful Use: You agree to use the Services in compliance with all applicable laws and regulations.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
• Account Lockout: You authorize us to use the email listed on your ADV to verify your account in case of any account lockout and reset.
• End-Client Consent: You represent and warrant that you have obtained all necessary consents, permissions, and authorizations from your End-Clients to provide their data to Fin Pods AI for processing in accordance with this Agreement and our Privacy Policy. You are solely responsible for your relationship with and obligations to your End-Clients.
• Acceptable Use: The Services are designed and intended to be used exclusively by financial professional firms for the purpose of securely sharing documents and data with their End-Clients in the course of providing professional services. Any other use is strictly prohibited. You shall not (i) use the Services to store or transmit infringing, libelous, or otherwise unlawful material; (ii) interfere with or disrupt the integrity or performance of the Services; or (iii) attempt to gain unauthorized access to the Services or their related systems.

4. Fees and Payment

You agree to pay all fees specified in your selected subscription plan. Fees are due in advance of the Subscription Term. If you are not satisfied with the Services, you may request a full refund within fourteen (14) days of your initial purchase. If your account is overdue, we reserve the right to suspend your access to the Services until payment is made. Pricing for the Services is subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Fin Pods AI site or by notifying you via email.

5. Term and Termination

• 5.1. Term and Renewal: This Agreement commences on the date you first accept it and continues for the Subscription Term. Subscription Terms will automatically renew for successive periods unless either party gives the other notice of non-renewal before the end of the relevant Subscription Term.
• 5.2. Termination by Client: You may terminate your subscription at any time by providing notice to us. Termination will be effective at the end of your then-current Subscription Term.
• 5.3. Termination by Fin Pods AI: We may terminate this Agreement for cause upon written notice if you materially breach this Agreement and fail to cure such breach within 30 days. We may also suspend or terminate your access to the Services immediately if we believe you are using the Services in a manner that is illegal or violates the rights of third parties.
• 5.4. Effect of Termination: Upon termination, your right to access the Services will cease. We will delete Client Data in accordance with the data retention and deletion procedures outlined in our Privacy Policy.

6. Confidentiality

Each party agrees to treat the other's Confidential Information with the same degree of care as it uses to protect its own. Confidential Information shall not be disclosed to any third party without the other party's prior written consent, except as required by law.

7. Data Privacy and Security

We will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Client Data, as described in our Privacy Policy. We act as a "Data Processor" or "Service Provider" for the Client Data you provide.

8. Intellectual Property

• Our Intellectual Property: Fin Pods AI owns all right, title, and interest in and to the Services, our software, our AI models, and all related intellectual property rights.
• Your Client Data: You own your Client Data. You grant Fin Pods AI a worldwide, limited-term license to host, copy, transmit, and display your Client Data as necessary for us to provide the Services.
• Feedback: You hereby irrevocably assign to Fin Pods AI all right, title, and interest in and to any Feedback. Fin Pods AI is free to use any Feedback without any obligation or compensation to you.

9. Zero-Access Encryption & Key Management

9.1 Customer Responsibility

You acknowledge that Fin Pods AI allows "Zero-Access Encryption." Under this mode, we do not store, cache, or have access to your private decryption keys ("Master Key"). If you lose your Master Key, your data will be permanently unrecoverable. You are solely responsible for the safety and backup of your Master Key.

9.2 Regulatory Risk

You acknowledge that you bear the sole burden of maintaining accessible copies of your records for SEC/FINRA examination. Fin Pods AI is not liable for any regulatory fines, penalties, or adverse actions resulting from your inability to produce decrypted records due to lost keys or refusal to decrypt.

9.3 Subpoena and Regulatory Assistance

In the event Fin Pods AI is compelled by a valid subpoena or regulatory request to produce your records, we will provide the requesting authority with the available metadata logs and the encrypted data blobs. We will explicitly clarify to the authority that, due to our security architecture, the decryption keys required to view the content are in your exclusive possession. While we provide logs intended to assist in compliance, the sole responsibility for decryption and content production remains with you.

10. Regulatory Classification & Data Retention

10.1 Processing Service Only

You acknowledge that Fin Pods AI acts solely as a data processing utility and transfer agent. We are not yet a "Designated Recordkeeping System" (ERS) under SEC Rule 17a-4 or FINRA Rule 4511.

10.2 No Archival Storage

Our infrastructure is designed for transient processing only. Fin Pods AI does not retain records for mandatory statutory periods (e.g., 3 to 6 years). Any files stored on our servers are temporary and may be subject to deletion upon successful transmission to you.

10.3 Advisor Responsibility

You agree that you (the Client) are the sole custodian of your records. You are responsible for verifying, downloading, and storing all output reports and original communications from the Service. You must archive them in your own compliant WORM (Write Once, Read Many) storage environment immediately upon receipt.

10.4 Limitation of Liability for Compliance

Fin Pods AI shall not be liable for any regulatory fines, penalties, or legal consequences resulting from your failure to download, archive, verify, or preserve records generated or processed by the Service.

11. Copyright and DMCA Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged infringement.

12. Warranties, Disclaimers, and Exclusive Remedies

THE SERVICES ARE PROVIDED "AS IS." FIN PODS AI DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE SERVICES UTILIZE AUTOMATED PROCESSES WHICH MAY RESULT IN ERRORS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF ALL OUTPUT FROM THE SERVICES.

THE SERVICES DO NOT CONSTITUTE FINANCIAL ADVICE OR TAX ADVICE. FIN PODS AI IS NOT A FINANCIAL,TAX, OR LEGAL ADVISOR. THE SERVICES AND ANY OUTPUT THEY GENERATE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL REGARDING YOUR SPECIFIC FINANCIAL OR TAX SITUATION.

Network and Data Disclaimer: You acknowledge that the Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Fin Pods AI is not responsible for any delays, delivery failures, data loss, or other damage resulting from the transfer of data over communications networks and facilities, including the internet.

Exclusive Remedy for Downtime: In the event of any failure or interruption of the Services, your sole and exclusive remedy shall be a service credit equal to the subscription fees paid by you for the specific month during which the failure occurred.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIN PODS AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. FURTHERMORE, IN NO EVENT SHALL FIN PODS AI'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

14. Indemnification

You agree to defend, indemnify, and hold harmless Fin Pods AI from and against any claims, damages, and expenses arising out of your breach of this Agreement or your violation of applicable law.

15. General Provisions

• Governing Law, Class Action Waiver, and Dispute Resolution: This Agreement shall be governed by the laws of the State of Nevada. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Nevada before one arbitrator. The arbitration shall be administered by JAMS or the American Arbitration Association (AAA) pursuant to their respective comprehensive arbitration rules. The parties will attempt to mutually agree on the selection of an arbitrator; if the parties are unable to agree on an arbitrator within fourteen (14) days of the demand for arbitration, the arbitrator shall be appointed by the arbitration administrator in accordance with its rules. The parties agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. You may opt out of this arbitration agreement within thirty (30) days of first accepting this Agreement by emailing a written notice to [email protected]. If you opt out, disputes will be resolved by a court of competent jurisdiction located in the State of Nevada. Judgment on the Award may be entered in any court having jurisdiction.
• Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties.
• Notices: All notices must be in writing. Notices to Fin Pods AI should be sent to Matteo Hoch at the contact address listed in our Privacy Policy.
• Legal Disclaimer: This document is not legal advice. You should consult with your own legal counsel regarding any legal matter.