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Fin Pods AI Inc – Terms of Service

Effective Date (New Users): September 18, 2026

Effective Date (Existing Users): October 18, 2026

These Terms of Service (these “Terms”) are a binding legal contract between you, the client (“Client”, “you”, or “your”), and Fin Pods AI Inc, a public benefit corporation (“Fin Pods AI”, “we”, “us”, or “our”, and together with Client, the “Parties”, and each, a “Party”). These Terms govern your use of the Services (as defined in Section 1). These Terms further incorporate by reference our Privacy Policy found at https://finpodsai.com/privacy/ (the “Privacy Policy”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Definitions

  • “Aggregated Data” means data and information related to your or your End-Clients’ use of the Services that is used by us in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services and for preparing reports for marketing, advertising, and similar purposes.
  • “AI Tools” means training, self-improving, or machine learning software, models, algorithms, hardware, or other artificial intelligence tools or aids of any kind, including large language models and generative artificial intelligence tools and applications, and any outputs of any of the foregoing items.
  • “Authorized Agent” means any script, bot, browser extension, browser-based artificial intelligence agent, or other automated process that accesses the Services on your behalf, under your account (whether your personal or primary account or a dedicated account that has been created by or on behalf of you for such script, bot, browser extension, browser-based artificial intelligence agent, or other automated process) and authenticated credentials, and at your direction.
  • “Beta Services” means any Services, features, or functionalities that we identify as alpha, beta, preview, early access, evaluation, or by a similar designation, including the Learning Services until we notify you that they are generally available.
  • “Client Data” means any and all electronic data or information, including files and documents, submitted by you or your End-Clients to the Services, excluding UGC and Aggregated Data.
  • “Confidential Information” means any non-public information that one Party discloses or makes available, whether orally or in written, electronic, or other form or media, to the other Party that is marked, designated, or otherwise identified as “confidential” or “proprietary” or that is reasonably deemed confidential or proprietary due to the nature of the information or the circumstances of the disclosure. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain through no act or omission of the receiving Party and without breach of these Terms; (b) lawfully known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party and without use of or reference to the disclosing Party’s Confidential Information.
  • “End-Client” means any 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.
  • “Financial Planning Builder” means Fin Pods AI’s proprietary tool within the Services that enables you to, via AI Tools, code and create Generated Tools.
  • “Generated Tools” has the meaning set forth in Section 9.1.
  • “Governmental Authority” means any federal, state, local, or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations, or orders of such organization or authority have the force of Law), or any arbitrator, court, or tribunal of competent jurisdiction.
  • “Intellectual Property Rights” means all worldwide intellectual property rights (including all patent rights, copyrights, trade-secret rights, trademark rights, and moral rights) and all related registrations and applications.
  • “IRS” means the Internal Revenue Service.
  • “IRS Transcript Data” means tax transcripts, account information, and other tax return information (within the meaning of Section 7216 of the Internal Revenue Code) retrieved from the IRS through the Services.
  • “Law” means any statute, law, ordinance, regulation, rule, code, constitution, treaty, or common law, any order, writ, judgment, injunction, decree, stipulation, award, or determination entered by or with any Governmental Authority, or other requirement or rule of law of any Governmental Authority.
  • “Learning Services” means our gamified financial planning education tools, including flashcards for Certified Financial Planner (CFP®) practice problems.
  • “Services” means any and all secure file sharing, intelligent file renaming, structured data extraction, software, platforms, tools, and websites provided by Fin Pods AI. The Services include Financial Planning Builder, the Shared Library, the Template Marketplace, the Learning Services, and the IRS transcript retrieval functionality described in Section 11.
  • “Shared Library” means the repository within the Services through which UGC Templates contributed by users of the Services are made available to other users of the Services.
  • “Subscription Term” means the period for which you have paid to use the Services.
  • “Template Marketplace” means any functionality within the Services that enables you to offer UGC Templates to other users of the Services for a fee.
  • “UGC” means any content that: (a) you or your End-Clients create using, or submit to, the Services for the purpose of contribution to the Shared Library, offering through the Template Marketplace, or inclusion in the Learning Services, including UGC Templates; and (b) you or your End-Clients, as applicable, have opted-in or otherwise elected, in a manner authorized by the Services or otherwise by us, to be used for such purpose. UGC does not include any investment statements, paystubs, or similar materials uploaded into, submitted to, or otherwise provided to the Services by you or your End-Clients.
  • “UGC Derivative” means any enhancement, improvement, derivative work, and other modification of or to any UGC, including those owned, authored, invented, developed, conceived, generated, or otherwise created by or for Fin Pods AI, whether alone or with others.
  • “UGC Template” means user-generated content consisting of Financial Planning Builder templates, flashcards for Certified Financial Planner (CFP®) practice problems submitted to the Learning Services, and related materials that are submitted by you, your End-Clients, or other users to the Services.

2. The Services

Fin Pods AI hereby grants to you, and your End-Clients authorized by you to use the Services, a non-exclusive, non-transferable (except as expressly permitted in Section 9 or 10), and limited right to access and use the Services during the Subscription Term solely for your internal business purposes and to prepare, distribute, and license deliverables to your End-Clients, in each case in accordance with these Terms. 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 these Terms. Notwithstanding anything to the contrary in these Terms, we may monitor your or your End-Clients’ use of the Services and collect and compile Aggregated Data. You agree that we may: (a) make Aggregated Data publicly available in compliance with applicable Laws; and (b) use Aggregated Data to the extent and in the manner permitted under applicable Laws. In no event will Aggregated Data identify you or your End-Clients or disclose your Confidential Information. Notwithstanding anything to the contrary, we will not include IRS Transcript Data or other tax return information in Aggregated Data except to the extent expressly permitted by Section 7216 of the Internal Revenue Code and the regulations thereunder and, where required, pursuant to a separate written consent obtained from the applicable taxpayer.

3. Client Obligations and Responsibilities

  • Lawful Use: You agree that your use of the Services (including all submissions or provisions of Client Data into the Services and all retrievals of IRS Transcript Data and other data from the Services) will be in compliance with all applicable Laws.
  • Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, regardless of whether or not authorized by you. You must notify us immediately of any unauthorized use of your account.
  • Account Lockout: You hereby authorize us to use the email listed on your Form 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 these Terms 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; (iii) attempt to gain unauthorized access to the Services or their related systems; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component (including any source code) of the Services, in whole or in part; or (v) otherwise use the Services for any purposes beyond the scope of the access granted in these Terms. For clarity, access to the Services by Authorized Agents in accordance with Section 12 will not, in itself, be construed as a violation of the previous sentence.

4. Fees and Payment

You agree to pay all fees specified in your selected subscription plan for the Services. 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 thirty (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. Except as expressly stated in this Section 4, all other fees are non-refundable and are not prorated upon termination.

5. Term and Termination

  • 5.1. Term and Renewal: These Terms will commence on the date you first accept them and will continue so long as any Subscription Term is active. Subscription Terms will automatically renew for successive periods unless either Party gives the other Party 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 these Terms for cause upon written notice if you materially breach these Terms and fail to cure such breach within 30 days of such notice. 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 or expiration of these Terms, 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. Deletion of Client Data does not extend to UGC you have contributed to the Shared Library or offered through the Template Marketplace, to Aggregated Data, or to Feedback, each of which survives in accordance with Section 19 (Survival).

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 applicable 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” (as each of those terms are understood under applicable privacy Laws) for the Client Data you provide. We will process Client Data only to provide the Services and as otherwise permitted by these Terms. We will notify you without undue delay after becoming aware of any unauthorized access to or disclosure of Client Data in our possession. We may use third-party subprocessors, including third-party providers of AI Tools, to provide the Services, and a current list of such subprocessors is maintained in our Privacy Policy. We do not use, or permit such subprocessors to use, Client Data or UGC to train AI Tools except as you expressly authorize in writing. For clarity, the previous sentence will not be construed to apply to Aggregated Data.

8. Intellectual Property

  • Our Intellectual Property: Fin Pods AI owns and will own all right, title, and interest in and to the Services, Aggregated Data, our software, our AI models, and all related Intellectual Property Rights to the foregoing items.
  • Your Client Data: You own your Client Data. You hereby grant to 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.
  • UGC: You own all UGC in the form and with the content provided by you to the Services. You hereby grant to Fin Pods AI a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform, and distribute your UGC, in each case as necessary to operate, maintain, and improve the Services and to exercise our rights and perform our obligations under Sections 9 and 10. You represent and warrant that: (a) you own or otherwise hold all rights necessary to grant that license; (b) your UGC does not infringe or misappropriate the Intellectual Property Rights of any third party; and (c) your UGC contains no Client Data, End-Client personal information, or confidential information of any third party. To the extent permitted by applicable Laws, you waive any moral rights you may have in your UGC. Subject to Section 9.4, Fin Pods AI owns and will own all right, title, and interest (including Intellectual Property Rights) in and to all UGC Derivatives created by or for Fin Pods AI. In the event that the previous sentence is not effective for any reason, you hereby irrevocably assign to Fin Pods AI all right, title, and interest (including all Intellectual Property Rights) in and to all such UGC Derivatives.
  • Feedback: You hereby irrevocably assign to Fin Pods AI all right, title, and interest (including all Intellectual Property Rights) in and to any Feedback. Fin Pods AI is and will be free to use any Feedback without any obligation or compensation to you.

9. Financial Planning Builder, UGC, and the Shared Library

9.1. Use of the Financial Planning Builder. Subject to these Terms, you may: (a) use Financial Planning Builder to generate files and similar artifacts (each, a “Generated Tool”) for use as internal tools within your firm or as briefs, calculators, or other deliverables provided to your End-Clients or your firm’s internal firm use; and (b) distribute a Generated Tool to your End-Clients.

9.2. Your Responsibility for Generated Output. You acknowledge that Financial Planning Builder relies on AI Tools and that Fin Pods AI does not review, test, audit, or validate any Generated Tool for accuracy, security, accessibility, or fitness for any purpose. You are solely responsible for: (a) reviewing, testing, and validating each Generated Tool (including its calculations, its handling of personal and financial information, and its security) before you use it or distribute it to any End-Client; and (b) all content of, and all use made of, any Generated Tool that you distribute.

9.3. Contribution to the Shared Library. You may, but are not required to, contribute UGC Templates to the Shared Library. Contribution is voluntary and is effected only through the opt-in mechanism made available within the Services, and we will not contribute your UGC Templates to the Shared Library without your consent. In the event that you contribute a UGC Template to the Shared Library, you hereby grant to Fin Pods AI a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (in one or multiple tiers) license to access, use, host, reproduce, modify, adapt, create derivative works of, publicly display, publicly perform, distribute, and otherwise exploit that UGC Template and to sublicense the same to other users of the Services on the terms set forth in Section 9.4. The foregoing license includes the right to remove, redact, or replace your name, your firm’s name, your trademarks, logos, and branding, and any identifying or End-Client-specific content, from the UGC Template (including by means of AI Tools) before or after publication. You hereby waive any right of attribution with respect to contributed UGC Templates except as we separately agree in writing.

9.4 License Terms for Shared Library Content. Except where we and the contributing user agree otherwise in writing, each UGC Template made available through the Shared Library is hereby licensed to recipients as follows:

  • (a) Internal and End-Client Use: You may use, copy, and modify a Shared Library UGC Template and distribute the resulting output to your own End-Clients in the course of providing professional services, free of charge and without any obligation to disclose source code.
  • (b) Hosted or Third-Party Service Use: If you make a Shared Library UGC Template, or any modification of it, available to third parties over a network as a hosted or software-as-a-service offering, or otherwise distribute it to any third party, that use is licensed to you under AGPL-3.0 and you must comply with AGPL-3.0 in full, including its source-code disclosure requirements.
  • (c) Commercial License: If you wish to make a use described in clause (b) without complying with AGPL-3.0, you must obtain a separate commercial license from Fin Pods AI or from the contributing user, as applicable.
  • (d) Copyleft Precedence: Where a UGC Template or UGC Derivative is licensed under AGPL-3.0, the terms of AGPL-3.0 govern that UGC Template or UGC Derivative and prevail over any inconsistent provision of these Terms, including the ownership provisions of Section 8. Nothing in these Terms is intended to restrict any right granted to you under AGPL-3.0.

9.5. Removal and Takedown. You may withdraw a UGC Template from the Shared Library at any time through the Services, and we may remove any UGC Template from the Shared Library at any time and for any reason. Withdrawal or removal operates prospectively only and does not terminate any license to a UGC Template already granted to a recipient or require any recipient to cease using, or to destroy, copies of such UGC Template already obtained.

9.6. Learning Services and Flashcards. Flashcards and other content submitted to the Learning Services are UGC and are governed by Sections 8 and 9. Learning Services content is user-generated and is not reviewed, verified, or endorsed by Fin Pods AI. The Learning Services are educational only and are not examination preparation materials, and Fin Pods AI makes no representation regarding any examination outcome. CFP® and CERTIFIED FINANCIAL PLANNER™ are marks owned by Certified Financial Planner Board of Standards, Inc. Fin Pods AI is an approved Continuing Education (CE) Sponsor of the CFP Board, but nothing in these Terms will be construed as, or construed as our representation, warranty, or guaranty of, any endorsement or approval of any specific Service or feature or functionality thereof by the CFP Board.

9.7. Beta Services. Beta Services are provided for evaluation only, are excluded from the exclusive remedy in Section 16, are provided “as is” without warranty of any kind, and may be modified, suspended, or discontinued by Fin Pods AI at any time without notice or liability.

10. Template Marketplace

10.1. Seller Eligibility and Listings. If and when we make the Template Marketplace available, you may apply to offer UGC Templates to other users for a fee (each, a “Listing”). We may accept, reject, condition, suspend, or remove any Listing at our discretion. Participation in the Template Marketplace will be subject to any additional seller policies that we publish.

10.2. Fees, Payments, and Taxes. We will publish the revenue share, transaction fees, and payout schedule applicable to the Template Marketplace and may change any of the foregoing items on thirty (30) days’ prior notice. Payments will be processed by a third-party payment processor whose terms will apply to you. You are solely responsible for: (a) determining, collecting, and remitting any sales, use, value-added, income, or other taxes arising from your Listings; and (b) providing any tax information that we require to make payouts or to satisfy our information-reporting obligations. Refunds and chargebacks may be offset against amounts otherwise payable to you.

10.3. Seller Representations. For each Listing, you represent and warrant that the applicable UGC Template: (a) is your original work or you hold all rights necessary to license it as contemplated; (b) does not infringe or misappropriate any third party’s Intellectual Property Rights; (c) contains no Client Data, End-Client personal information, or confidential information of any third party; and (d) complies with applicable Laws, including advertising, securities, and investment adviser marketing rules. You are responsible for the accuracy and completeness of your Listing descriptions.

10.4. Buyer Terms and No Warranty. UGC Templates obtained through the Template Marketplace or the Shared Library are provided by the contributing user and not by Fin Pods AI. Fin Pods AI is not a party to any transaction between users, does not review, verify, or endorse any UGC Template, and makes no representation or warranty of any kind with respect to any UGC Template, including as to accuracy, security, legal or regulatory compliance, or fitness for a particular purpose. Your sole recourse with respect to a UGC Template is against the contributing user.

10.5. Our Role. Unless we expressly state otherwise in writing, Fin Pods AI acts solely as a hosting and payment-facilitation platform, and not as a reseller, principal, publisher, or investment adviser, with respect to any UGC Template.

11. IRS Tax Transcript Services

11.1. Scope. The Services may include functionality for retrieving IRS Transcript Data. This Section governs that functionality and prevails over any inconsistent provision of these Terms with respect to IRS Transcript Data.

11.2. Retrieval Using Your Credentials. Where you elect to retrieve IRS Transcript Data using your own IRS e-Services, Transcript Delivery System, or Tax Pro account credentials, you represent, warrant, and covenant on a continuing basis that: (a) you hold a valid IRS e-Services account in good standing and are authorized to access the applicable IRS systems; (b) for each End-Client whose IRS Transcript Data you request, you hold a current, valid, and unrevoked authorization on file with the IRS (including a Form 8821 or Form 2848, as applicable) covering the tax periods and forms requested; (c) you will not request IRS Transcript Data for any person for whom you do not hold such authorization; and (d) you will comply with the applicable terms of use of, and other restrictions for, the applicable IRS e-Services, IRS Publication 4557, the FTC Safeguards Rule, and Treasury Department Circular No. 230, in each case to the extent applicable to you, along with all other applicable Laws. You further hereby appoint Fin Pods AI as your limited agent for the sole purpose of accessing the applicable IRS systems using your credentials at your direction, and you authorize us to store and use those credentials for that purpose. In this mode, identity verification of the taxpayer and the authorization relationship are handled between you, the taxpayer, and the IRS, and not by Fin Pods AI, and Fin Pods AI is not responsible for any suspension, revocation, or other adverse action taken against your IRS account.

11.3. Retrieval by Fin Pods AI as Authorized Third Party. Where we make available, and you elect to use, Services functionalities under which Fin Pods AI retrieves IRS Transcript Data as an IRS-authorized third party rather than under your credentials: (a) the taxpayer must complete our identity verification (i.e., “know your client” or “KYC”) process; (b) the taxpayer must execute a Form 8821 or other authorization designating Fin Pods AI, together with any consent required under Section 7216 of the Internal Revenue Code; and (c) such retrieval will limited to the scope and duration of that authorization. The taxpayer may revoke the authorization at any time in accordance with IRS procedures, whereupon we will cease further retrieval; IRS Transcript Data already delivered to you remains subject to your own retention and compliance obligations under applicable Laws.

11.4. Section 7216 Consents. You acknowledge that IRS Transcript Data constitutes tax return information and that its disclosure and use are restricted by Section 7216 of the Internal Revenue Code and the regulations thereunder. Any consents required under those rules will be obtained through a separate, standalone consent document satisfying the applicable requirements, and not through these Terms. Where you are a tax return preparer, you are responsible for obtaining any consent required for disclosure to, and use by, Fin Pods AI. Fin Pods AI will not use or disclose IRS Transcript Data other than as permitted by those rules and the applicable consents.

11.5. Electronic Records and Signatures. You and, where applicable, the taxpayer hereby consent to the use of electronic records and electronic signatures in connection with any authorization, disclosure, or consent contemplated by this Section, in accordance with the federal ESIGN Act and applicable state Laws. Fin Pods AI will make available to you a paper copy on request.

11.6. Retention. Notwithstanding anything to the contrary in Section 14.2, we will retain executed authorizations, consents, and related records for the period required by the IRS and applicable Laws. IRS Transcript Data itself is delivered to you and is subject to Section 14.3, and you will remain the custodian of your records.

11.7. No Tax Services. Fin Pods AI does not prepare tax returns for customers, does not provide tax advice, and does not represent any person before the IRS. IRS Transcript Data is made available for financial planning purposes and must be independently verified before it is relied upon by you or any other person or entity.

12. Automated Access and AI Agents

12.1. Permitted Automated Access. Subject to compliance with the conditions set forth in Section 12.2, you may access and use the Services through Authorized Agents, and we will not treat such access as unauthorized access, interference, or a breach of these Terms solely because it is automated.

12.2. Conditions. The access and use specified in Section 12.1 will be permitted on the conditions that: (a) the Authorized Agent authenticates using credentials issued to you (whether for your personal or primary account or a dedicated account for such Authorized Agent), a user authorized by youb) the Authorized Agent accesses only data that you are entitled to access; (c) the Authorized Agent does not circumvent authentication, authorization, rate limiting, or other technical access controls in the Services; (d) the Authorized Agent observes any published rate limits and does not materially degrade the Services for other users; and (e) you comply with Sections 3, 9, 10, and 11 with respect to all activity conducted through the Authorized Agent.

12.3. Your Responsibility. You are responsible for all acts and omissions of your Authorized Agents to the same extent as if they were your own, and all activity conducted through an Authorized Agent is activity under your account for purposes of Section 3.

12.4. Availability Management. We may apply rate limits, queuing, or other technical measures to protect the stability, security, and availability of the Services, and such application will not be deemed to be a suspension or termination under Section 5 or a determination that you have breached these Terms.

13. Zero-Access Encryption & Key Management

13.1. Client Responsibility

You acknowledge that Fin Pods AI offers an optional encryption mode under which data that you upload is encrypted with a key held solely by you and is not readable by Fin Pods AI (“Zero-Access Encryption”) Under this mode, we do not store, cache, or have access to your private decryption keys (collectively, the “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.

13.2. 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.

13.3. 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 applicable governmental or regulatory 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.

14. Regulatory Classification & Data Retention

14.1. 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.

14.2. 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.

14.3. 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 Services. You must archive them in your own compliant WORM (Write Once, Read Many) storage environment immediately upon receipt.

14.4. 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 Services.

15. Copyright and DMCA Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that any content (including Client Data) posted on the Services 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 support@finpodsai.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement, including identification of the copyrighted work claimed to have been infringed, identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it, and your contact information.

16. Warranties, Disclaimers, and Exclusive Remedies

THE SERVICES ARE PROVIDED “AS IS.” FIN PODS AI HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, SECURE, FREE OF HARMFUL CODE, 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.

WITH RESPECT TO AI TOOLS SPECIFICALLY, THE PARTIES ACKNOWLEDGE THAT: (a) THE SERVICES CONTAIN, USE, OR OUTPUT AI TOOLS; AND (b) SUCH AI TOOLS (INCLUDING ANY OUTPUTS) MAY NOT BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED. FIN PODS AI MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHATSOEVER WITH RESPECT TO ANY SUCH AI TOOLS, AND IN NO EVENT WILL FIN PODS AI HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY SUCH AI TOOLS (INCLUDING ANY OUTPUTS), ANY ACTIONS TAKEN IN RELIANCE ON SUCH AI TOOLS, OR ANY LOSSES, DAMAGES, OR OTHER LIABILITIES OF ANY KIND INCURRED AS A RESULT OF SUCH AI TOOLS OR SUCH ACTIONS.

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.

UGC TEMPLATES AND OTHER USER-CONTRIBUTED CONTENT MADE AVAILABLE THROUGH THE SHARED LIBRARY, THE TEMPLATE MARKETPLACE, OR THE LEARNING SERVICES, AND ALL BETA SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FIN PODS AI DOES NOT REVIEW, VERIFY, TEST, OR ENDORSE ANY USER-CONTRIBUTED CONTENT AND DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF IT.

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 material failure or interruption of the Services, your sole and exclusive remedy shall be a service credit equal to five percent (5%) of the subscription fees paid by you for the specific month during which the failure occurred, provided that you provide us with written notice of such failure or interruption within thirty (30) days of its occurrence. This sole and exclusive remedy will not be applicable to Beta Services, and nothing in this Section 12 will be deemed to increase the aggregate cap set out in Section 17.

17. 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, PUNITIVE, OR SIMILAR DAMAGES OF ANY KIND, INCLUDING 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 THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

18. Indemnification

You will indemnify, defend, and hold harmless Fin Pods AI, its affiliates, and each of its and their officers, directors, shareholders, employees, and agents (each, a “Fin Pods AI Indemnitee”) from and against any and all losses, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, fees, or expenses of whatever kind, including reasonable attorney’s fees, incurred by a Fin Pods AI Indemnitee as a result of any claim, action, cause of action, demand, lawsuit, allegations, investigation, or other proceeding made in connection with or otherwise relating to: (a) your breach of these Terms; (b) your violation of applicable Laws; (c) UGC, including any infringement or misappropriation of a third party’s Intellectual Property Rights by any UGC; (d) your use of the IRS transcript functionalities specified in Section 11, including any failure to hold a valid authorization for any End-Client; or (e) the acts or omissions of any Authorized Agent, except for acts or omissions of any Authorized Agent that is owned or hosted by us to the extent that such acts or omissions are not a result of any acts or omissions by you.

19. General Provisions

  • Governing Law, Class Action Waiver, and Dispute Resolution: These Terms shall be governed by, and construed in accordance with, the Laws of the State of Nevada. Any dispute, claim, or controversy arising out of or relating to these Terms 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 these Terms by emailing a written notice to privacy@finpodsai.com. 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 over the Parties.
  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between the Parties with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings and agreements, whether written and oral, with respect to such subject matter.
  • Notices: All notices under these Terms must be in writing and in English. Notices to Fin Pods AI should be sent to Matteo Hoch at the contact address listed in our Privacy Policy, with a copy to the notices email address designated in our Privacy Policy. Notices to you may be sent to the email address associated with your account or posted within the Services. A notice is deemed given at the time sent by email if sent during the recipient’s normal business hours (and, if not, at the beginning of the next business day) or at the time of posting within the Services, as applicable.
  • Changes to These Terms: We may modify these Terms from time to time in our sole discretion. For new users, the modified Terms will take effect on the “Effective Date (New Users)” stated in them or on the date of acceptance of the modified Terms, whichever is earlier. For existing users, we will provide them with at least thirty (30) days’ notice of any material modifications to these Terms by email or by posting such notice within the Services, and the modified Terms will take effect on the “Effective Date (Existing Users)” stated in them. Your continued use of the Services after such date will constitute acceptance of the modified Terms. If you do not accept a material modification, your sole remedy is to provide us with written notice of termination of these Terms before that date, in which case these Terms will terminate immediately and we will refund any prepaid, unused fees for the remainder of the then-current Subscription Term.
  • Survival: Sections 1, 5.4, 6, 8, 9.2, 9.4, 9.5, 9.7, 10.3, 10.4, 10.5, 11.4, 12.3, 13, 14, 16, 17, 18, and 19 will survive any expiration or termination of these Terms, together with any accrued payment obligations, any license granted with respect to UGC contributed to the Shared Library or offered through the Template Marketplace, our rights in Aggregated Data and Feedback, and any other provision that by its nature should be reasonably deemed to so survive.
  • Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be: (a) modified to the minimum extent necessary to make it enforceable; or (b) if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.
  • Waiver: No waiver by any Party of any of the provisions of these Terms will be effective unless explicitly set forth in writing and signed by the waiving Party. Except as otherwise set forth in these Terms: (a) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver of these Terms; and (b) no single or partial exercise of any right, remedy, power, or privilege under these Terms will preclude any other or further exercise of these Terms or the exercise of any other right, remedy, power, or privilege.
  • Assignment: You may not assign or transfer these Terms, in whole or in part, without our prior written consent, except to a successor in connection with a merger, reorganization, or sale of all or substantially all of your assets, provided that you provide us with prompt written notice of such assignment or transfer. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void ab initio. Subject to the foregoing, these Terms bind and insure to benefit the Parties and their respective successors and permitted assigns.
  • Force Majeure: In no event will either Party be liable to the other Party, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party’s reasonable control, including acts of God, flood, fire, earthquake, epidemics, pandemics, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
  • No Third-Party Beneficiaries: These Terms confer no rights on any person other than the Parties, except that Fin Pods AI Indemnitees are intended third-party beneficiaries of Section 18.
  • Publicity: Neither Party may use the other’s name, logo, or trademarks in publicity or marketing without prior written consent, except that we may identify you as a customer in a customer list unless you notify us otherwise in writing.
  • Relationship of the Parties: Each Party is and will remain an independent contractor in its relationship to the other Party, and nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer-employee, or similar relationship between the Parties, or as authorizing either Party to act as the agent of the other Party, except for the limited agency expressly granted in Section 11.2.
  • Headings and Interpretation: The headings in these Terms are for convenience only and do not affect their interpretation. The words “include”, “includes”, and “including” will be deemed to be followed by “without limitation”, and the word “or” is not exclusive.
  • Legal Disclaimer: This document is not legal advice. You should consult with your own legal counsel regarding any legal matter.