Terms and Conditions

The Service — The Services provide financial advisors ("Advisors") and their invited end-clients ("Clients") with a shared workspace to collaborate on financial planning, including insurance planning, Reason Why letter generation, and a budgeting suite (Budget, Payday Planner, and Cashflow Calendar). The Services are delivered through a mobile application for iOS and Android and supporting websites.

Operator; Future Assignment — The Services are currently operated by Steven Michael Snary as a sole proprietor in Ontario, Canada. We may assign or transfer this Agreement and the operation of the Services to a U.S. limited liability company affiliated with the same principal without further consent from you, provided the successor assumes our obligations under this Agreement. We will provide notice of any such transfer in accordance with Section 13.

Not Financial, Legal, or Tax Advice — The Services provide tools for Advisors and their Clients to organize financial information. MyFinancialApps is not a financial advisor, broker-dealer, registered investment adviser, insurance agent, accountant, or law firm, and does not provide financial, investment, insurance, legal, tax, or accounting advice. Any advice provided to a Client comes from the Client's Advisor, not from MyFinancialApps.

Age — You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. The Services are not directed to children under 18.

Geographic Scope — The Services are made available only to users who are located in, and (in the case of Advisors) licensed and conducting business in, the United States or Canada. You may not use the Services from, or register an account in, any other jurisdiction.

Advisor Licensing — Advisors represent and warrant that they hold, and will continue to hold in good standing, all licenses, registrations, and authorizations required by their applicable regulators to conduct financial advising activities in their jurisdiction.

Client Invitations Required — Clients may only register for the Services via an invitation issued by an Advisor through the App. Persons without a valid Advisor invitation may not proceed past the welcome screen and may not create a Client account.

Accurate Information — You agree to provide accurate, current, and complete information when creating an account (including, for Advisors, your primary place of business and regulatory licensing information) and to keep that information up to date.

Account Security — You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at Steve@MyFinancialApps.io if you suspect any unauthorized use.

Suspension and Termination — We may suspend or terminate your account, without refund, if you violate this Agreement, misuse the Services, place them at legal or security risk, or if continued operation of your account is not reasonably feasible.

Advisor as Data Controller — Advisors are the data controllers of the personal information they or their Clients enter into the App concerning those Clients ("Client Data"). MyFinancialApps acts as the Advisor's data processor with respect to Client Data. Advisors are responsible for obtaining all necessary consents from their Clients, for providing their Clients with any required privacy notices, and for the lawfulness and accuracy of Client Data.

Regulatory Compliance — Advisors are solely responsible for complying with the laws, regulations, rules, codes of conduct, and supervisory requirements applicable to their financial-advising activities (including, without limitation, rules of the SEC, FINRA, U.S. state securities and insurance regulators, the Canadian Investment Regulatory Organization (CIRO), provincial securities commissions, and provincial insurance regulators). MyFinancialApps is a technology provider and does not assume any regulatory or supervisory obligations of the Advisor.

Advisor Controls — Advisors acknowledge that the Services provide per-client access controls for the budgeting suite and for other features, and that the Advisor is responsible for configuring those controls for each Client. Any fees an Advisor may charge their own Clients for access to features of the Services are solely between the Advisor and the Client; MyFinancialApps does not collect or process those fees.

Prohibited Uses — You agree not to: (a) use the Services for any illegal, infringing, fraudulent, or harmful purpose; (b) upload or transmit malware, viruses, or other harmful code; (c) attempt to access accounts, data, or systems you are not authorized to access; (d) reverse engineer, decompile, scrape, or otherwise attempt to derive the source code of the Services, except as expressly permitted by applicable law; (e) interfere with or disrupt the integrity, performance, or security of the Services; (f) use the Services to send unsolicited communications in violation of CASL, the CAN-SPAM Act, or other applicable anti-spam laws; or (g) use the Services in violation of any applicable law or regulation.

No Sensitive Data Beyond Scope — You agree not to upload into the Services any categories of data not reasonably necessary for financial planning, and in particular not to upload protected health information subject to HIPAA, government-issued identification numbers (other than where required by the App), credit-card primary account numbers, or similar sensitive data outside the fields designated for such information within the App.

Fees — Certain features of the Services (including Advisor accounts) require payment of subscription fees. You agree to pay all applicable fees and applicable taxes in accordance with the pricing displayed at the time of your subscription.

Auto-Renewal — Subscriptions renew automatically at the end of each billing period unless cancelled by you before the renewal date. You may cancel at any time through your account settings or by contacting us.

Refunds — Except as required by applicable law, subscription fees are non-refundable once paid.

Price Changes — We may change fees for the Services from time to time. For existing subscribers, fee changes will apply at the start of the next renewal term following reasonable advance notice.

Ownership — All intellectual property rights in the Services — including software, interfaces, trademarks (including "PlanTogether" and "MyFinancialApps.io"), copy, design, and content — are owned by us or our licensors.

License to You — Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose during the term of your subscription (for Advisors) or Advisor invitation (for Clients).

Your Content — You retain ownership of any information you or your Advisor enters into the Services. You grant us a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display that information solely as necessary to provide the Services to you and, where applicable, to the Advisor.

Feedback — If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information. By using the Services, you acknowledge the practices described in the Privacy Policy.

As-Is Basis — The Services are provided on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that any information generated through the Services will be accurate or reliable.

No Advice — As described in Section 1.3, MyFinancialApps does not provide financial, investment, insurance, legal, tax, or accounting advice. You should not rely on the Services as a substitute for professional advice.

Limitation of Liability — To the maximum extent permitted by applicable law, MyFinancialApps, its principal, affiliates, and their respective officers, employees, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our aggregate liability for all claims arising out of or relating to this Agreement or the Services shall not exceed the greater of (a) the amounts paid by you to us for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Mandatory Law — Nothing in this Section limits or excludes liability that cannot be limited or excluded under applicable law (including certain mandatory consumer-protection laws in Canadian provinces and U.S. states).

You agree to defend, indemnify, and hold harmless MyFinancialApps and its principal, affiliates, and service providers from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of this Agreement; (b) your violation of any law or the rights of a third party; (c) information you or, for Advisors, your Clients upload to the Services; and (d) for Advisors, your provision of financial-advisory services to your Clients.

By You — You may terminate this Agreement at any time by cancelling your subscription and deleting your account.

By Us — We may suspend or terminate your access to the Services, with or without notice, if you breach this Agreement, if required by law, or if continuing to provide the Services to you poses legal, regulatory, security, or operational risk.

Effect — Upon termination, your license to use the Services ends. Sections that by their nature should survive termination (including Sections 4, 7, 8, 9, 10, 12, 13, and 14) will survive.

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, without your consent, including (without limitation) to our affiliated U.S. limited liability company as contemplated by Section 1.2, or in connection with any merger, acquisition, financing, or sale of all or substantially all of our business.

We may update this Agreement from time to time. When we make material changes, we will update the "Last updated" date above and provide reasonable notice through the App, by email, or by posting a notice on our website before the change takes effect. Your continued use of the Services after the effective date of the change constitutes acceptance of the updated Agreement.

Users Located in the United States — For any User whose primary place of business and financial advisor licensing are located in the United States, this Agreement shall be governed by and construed in accordance with the laws of the State or U.S. Territory in which the User is licensed to practice and maintains their primary place of business (the "User's State"), and the federal laws of the United States applicable therein, in each case without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, its subject matter, or its formation shall be subject to the exclusive jurisdiction of the state and federal courts located in the User's State, and each party irrevocably consents to such jurisdiction and venue.

Users Located in Canada — For any User whose primary place of business and financial advisor licensing are located in Canada, this Agreement shall be governed by and construed in accordance with the laws of the Province or Territory in which the User is licensed to practice and maintains their primary place of business (the "User's Province"), and the federal laws of Canada applicable therein, in each case without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, its subject matter, or its formation shall be subject to the exclusive jurisdiction of the courts of the User's Province, and each party irrevocably attorns to such jurisdiction and venue.

Determination of Location — For purposes of this Section, the User's location shall be determined by the business address and regulatory licensing information provided by the User at registration and as updated from time to time within the Services. The User is responsible for ensuring that this information remains current and accurate. Where a User is licensed in, or maintains places of business across, multiple jurisdictions, the jurisdiction designated by the User as their primary place of business within the Services shall govern.

Mandatory Local Laws — Nothing in this Agreement shall limit, waive, or exclude the application of any mandatory consumer protection laws, privacy and data protection laws, financial services regulations, anti-spam laws, or other laws of the User's jurisdiction that, by their terms, cannot be waived or excluded by contract. In the event of any conflict between such mandatory laws and this Agreement, the mandatory laws shall prevail solely to the extent required by law, and the remainder of this Agreement shall remain in full force and effect.

Exclusion of Conflicting Conventions — The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, to the extent otherwise applicable, shall not apply to this Agreement.

Severability — If any provision of this Agreement is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed or modified only to the extent necessary to render it valid, lawful, and enforceable in that jurisdiction. The remaining provisions, and the validity and enforceability of the affected provision in any other jurisdiction, shall not be impaired.

Language of Agreement — The parties have expressly requested that this Agreement and all related documents, notices, and communications be drawn up in the English language. Les parties ont expressément exigé que cette convention et tous les documents, avis et communications qui s'y rattachent soient rédigés en langue anglaise.