Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FinKode ("Company," "we," "us," or "our") regarding your use of the FinKode platform and services.

By creating an account, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

These Terms apply to all users of our services, including without limitation users who are browsers, financial advisors, customers, merchants, and/or contributors of content.

2. Description of Service

FinKode provides an AI-powered marketing automation platform designed specifically for financial advisors and financial services professionals ("Service"). Our Service includes:

• • AI-generated marketing content with compliance monitoring
• • Lead generation and management tools
• • Analytics and performance tracking
• • Integration with third-party platforms and services
• • Client communication and engagement tools
• • Regulatory compliance assistance for FINRA and SEC requirements

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice, and without liability to you.

3. User Eligibility & Account Registration

Eligibility Requirements

To use our Service, you must:

• • Be at least 18 years of age
• • Be a licensed financial advisor or work for a financial services organization
• • Have the legal authority to enter into this agreement
• • Provide accurate and complete registration information
• • Comply with all applicable laws and regulations

Account Security

You are responsible for:

• • Maintaining the confidentiality of your account credentials
• • All activities that occur under your account
• • Notifying us immediately of any unauthorized use of your account
• • Ensuring your account information remains current and accurate

4. Acceptable Use Policy

Permitted Uses

You may use our Service to:

• • Create and distribute compliant marketing materials for your financial advisory practice
• • Manage client communications and lead generation activities
• • Analyze marketing performance and client engagement
• • Integrate with your existing business tools and workflows

Prohibited Uses

You may not use our Service to:

5. Content & Intellectual Property Rights

Your Content

You retain ownership of content you upload, create, or generate using our Service ("Your Content"). By using our Service, you grant us a limited, non-exclusive, royalty-free license to use Your Content to provide our Service to you.

AI-Generated Content

Content generated by our AI tools is provided for your use, but you are responsible for:

• • Reviewing all AI-generated content for accuracy and compliance
• • Ensuring compliance with all applicable regulations before publication
• • Taking full responsibility for any content you publish or distribute

Our Intellectual Property

Our Service, including software, algorithms, designs, and content, is protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property except as expressly permitted by these Terms.

6. Privacy & Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Security

We implement appropriate technical and organizational measures to protect your data, including:

• • Encryption of data in transit and at rest
• • Regular security audits and penetration testing
• • Access controls and employee training
• • Compliance with SOC 2 and other security standards

7. Payment Terms & Billing

Subscription Plans

Our Service is offered through various subscription plans with different features and pricing. Current pricing is available on our website and may be updated from time to time.

Billing and Payment

• • Subscription fees are billed in advance on a monthly or annual basis
• • Payment is due immediately upon billing
• • We accept major credit cards and ACH payments through Stripe
• • All fees are non-refundable except as expressly provided
• • You are responsible for all applicable taxes

Free Trials and Refunds

We offer a 30-day money-back guarantee for new customers. After the guarantee period, all payments are non-refundable. We may suspend or terminate your access for non-payment.

8. Compliance & Regulatory Responsibility

Your Compliance Obligations

• • Ensure all content complies with FINRA, SEC, and other applicable regulations
• • Obtain necessary approvals from your compliance department or principal
• • Maintain adequate records of all marketing activities
• • Promptly address any compliance violations or concerns

Our Compliance Tools

Our compliance monitoring tools are provided as assistance only and do not guarantee regulatory compliance. You should consult with qualified compliance professionals and legal counsel as needed.

9. Disclaimers & Limitation of Liability

Service Disclaimers

Limitation of Liability

To the maximum extent permitted by law, FinKode shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability to you for all claims arising from or relating to our Service shall not exceed the amount paid by you to FinKode in the 12 months preceding the claim.

10. Termination

Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not relieve you of any outstanding payment obligations.

Termination by Us

We may suspend or terminate your account immediately if you:

• • Violate these Terms or our Acceptable Use Policy
• • Fail to pay required fees
• • Engage in fraudulent or illegal activities
• • Pose a security risk to our Service or other users

Effect of Termination

Upon termination, your access to our Service will cease immediately. We will provide reasonable opportunity to export your data, but we are not obligated to maintain your data after termination.

11. General Provisions

12. Contact Information

If you have questions about these Terms of Service, please contact us: