Terms and Conditions of Fundsaurus

Fundsaurus Terms of Service

Welcome to Fundsaurus. Please read these Terms of Service (collectively with Fundsaurus’s Privacy Policy, the “Terms of Service”) fully and carefully before using Fundsaurus and the related websites, domains, services, features, documentation, content and applications (the “Service(s)”) offered by Fundsaurus (“Fundsaurus”, “we”, “us” or “our”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services.

THESE TERMS OF SERVICE CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Acceptance of Terms of Service

BY USING OR ACCESSING ANY OF THE SERVICES IN ANY MANNER (INCLUDING, WITHOUT LIMITATION REGISTERING AN ACCOUNT FOR THE SERVICES, OR CLICKING [“I AGREE”], YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND UNCONDITIONALLY AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT, INCLUDING ALL OTHERS WHO USE THE SERVICES UNDER YOUR ACCOUNT (COLLECTIVELY, “YOU” or “YOUR”), TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS HEREIN. PROVISION OF THE SERVICES IS CONDITIONED ON, AND YOUR USE OF ANY SERVICE SHALL CONSTITUTE, YOUR ASSENT TO THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THESE TERMS OF SERVICE, YOU HAVE NO RIGHT TO USE THE SERVICES.

These Terms of Service apply to all visitors on the Services and all purchasers of subscriptions to the Services; unless we have executed a separate written agreement with you governing the same subject matter herein (the “Separate Agreement”), in which case such Separate Agreement shall apply to such subject matter.

Other operating rules, policies and procedures may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

Eligibility

If you are using the Services as an employee, contractor, or agent of a corporation, partnership, or similar entity, then you must be authorized to sign for and bind such entity to accept these Terms of Service, and you represent and warrant that you have the authority to do so. You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are consistent with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

Registration

To sign up for or use certain features of the Services, you may be required to register for an account on the Services (an “Account”). You must provide accurate and complete information when requested and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person, (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization, or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account username and password confidential and secure. You may never use another person’s user account or registration information for the Services. Each user must have unique login credentials that must not be shared by multiple users. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

Content and Licenses

Definition.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, code, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

User Content.

All Content added, created, uploaded, submitted, transmitted, distributed, or posted to or stored (collectively, “submit”) on or in connection with the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Use License

Services Use License

Subject to your compliance with these Terms of Service, during the period for which you are expressly authorized by us to use the applicable Services, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the Services solely for your internal business or personal purposes, in accordance with the documentation provided by us and consistent with the service plan selected in your Account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Fundsaurus or any third-party is granted to you in connection with the Services. As between you and Fundsaurus, Fundsaurus shall own and retain all rights, title and interest in and to (a) the Services, and all improvements, modifications, and derivatives thereto, and (b) all intellectual property rights related to any of the foregoing.

Website Use License

Subject to your compliance with these Terms of Service, we grant each user of the Services a worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to access and make personal and non-commercial use of our websites relating to the Services solely for purposes of using the Services as authorized herein. Use, reproduction, modification, distribution or storage of any Content on our websites or other Services for any purpose other than purposes of using the Services as authorized herein is expressly prohibited without prior written permission from us.

Your Data

You shall own and retain all right, title and interest in and to your non-public Personal Data and Personal Information (as defined by applicable law) provided by you to us to enable the provision of the Services and that you upload to the Services (collectively, “Your Data”). We may use and disclose Your Data solely to exercise our rights and obligations under and otherwise perform these Terms of Service, to provide the Services to you, to comply with applicable law, and for security to protect the Services and third parties from fraud, illegal activities, abuse, malware, malicious files or content, viruses and the like. We will not otherwise sell, disclose, or share Your Data (or any part or product thereof) to or with anyone else.

License Restrictions and Rules of Conduct

As a condition to using the Services, you promise not to access or use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your and your users’ activity in connection with the Services.

You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
• You know is false, misleading, untruthful or inaccurate
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, hateful, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by us in our sole discretion
• Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment
• Fraudulently uses credit card numbers or other payment methods
• Impersonates any person or entity, including any of our employees or representatives

Payments and Billing

Paid Services

Certain of our Services may be subject to payments now or in the future as indicated by us (the “Paid Services”). Payment is due upon invoicing. We reserve the right to change our fees and payment terms in our sole discretion; provided that, changes to fees will not take effect for you until the start of the next payment period. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Payment Processor

We use a third-party payment processor to bill you through a payment account linked to your Account on the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service.

Term and Termination

Subject to earlier termination as provided in these Terms of Service, the term of these Terms of Service will commence on the earlier of your first access to the Services and your acceptance of these Terms of Service and will continue for as long as the Services are being provided to you hereunder. You have the right to terminate your Account at any time through your account settings. We may terminate your account, these Terms of Service, or any Service, as stated elsewhere in these Terms of Service, immediately if you breach any of the terms or conditions in these Terms of Service.

Limited Warranties and Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR THESE TERMS OF SERVICE: (I) FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID BY YOU TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.

Governing Law, Binding Arbitration and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. ANY DISPUTE BETWEEN THE PARTIES REGARDING THE CONSTRUCTION, APPLICATION OR PERFORMANCE OF ANY SERVICE UNDER THESE TERMS OF SERVICE, AND ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ITS BREACH, SHALL BE SUBMITTED TO BINDING ARBITRATION UPON THE WRITTEN REQUEST OF A PARTY. NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION, OR BRING CLAIMS UNDER CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR SIMILAR THEORIES OF LIABILITY.

Modification

We reserve right, in our sole discretion, to modify or replace any of these Terms of Service at any time by posting a notice on or by sending you notice through Services, via e-mail or by another appropriate means of electronic communication, and/or to change, suspend, or discontinue Services. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

The Service is offered by Fundsaurus, and you may contact us at the following address: support@fundsaurus.com.

Effective Date of Terms of Service: January 17, 2026