PLATFORM TERMS OF USE

Effective Date: 26 Feb 2025

1. ACCEPTANCE AND PLATFORM OVERVIEW

By subscribing to the Finex360 Platform, you agree to these Terms and our Privacy Policy, which is incorporated by reference. The Platform is a comprehensive AI-powered business management system designed exclusively for licensed RIAs and qualified financial advisors, featuring automated compliance, client management, and business growth tools.

2. ELIGIBILITY AND QUALIFICATION

Professional Requirements

You must be:

- A licensed RIA or qualified financial advisor

- In good standing with relevant regulatory bodies (SEC, FINRA, state regulators)

- Located within the United States

- At least 18 years of age

- Operating an active advisory practice

Verification Process

We verify professional credentials through:

- License verification with regulatory bodies

- Background checks for regulatory compliance

- Business verification and documentation review

- Ongoing monitoring of regulatory status

3. SUBSCRIPTION AND BILLING

Subscription Model

The Platform operates on a monthly subscription with a one-time onboarding fee covering:

- Data migration and system setup

- Custom platform configuration

- Team training and implementation support

- Integration with existing systems

Payment Terms

- Monthly subscriptions due in advance

- Automatic renewal unless cancelled with 30-day notice

- Payment via approved methods (credit cards, ACH)

- All fees in USD

4. PLATFORM FEATURES AND AI TECHNOLOGY

AI-Powered Services

Our platform utilizes artificial intelligence for:

- Automated Compliance Monitoring: Real-time regulatory tracking and alerts

- Client Relationship Management: Intelligent client insights and recommendations

- Business Analytics: Predictive analytics and performance optimization

- Document Processing: AI-powered document analysis and organization

- Lead Generation: Intelligent prospect identification and targeting

- Risk Assessment: Automated risk analysis and monitoring

AI Data Usage

Your platform usage data may be used in anonymized form to:

- Train and improve AI algorithms

- Enhance platform functionality

- Generate industry benchmarks and insights

- Optimize system performance and features

5. PLATFORM USE AND RESTRICTIONS

Permitted Use

You may use the Platform solely for your licensed advisory business operations, including:

- Client management and communication

- Compliance monitoring and reporting

- Business development and marketing

- Portfolio analysis and reporting

Prohibited Activities

You may not:

- Share access credentials or allow unauthorized access

- Use Platform for unlawful purposes or regulatory violations

- Attempt to reverse engineer or breach security measures

- Interfere with Platform operation or other users

- Use Platform data to compete with Finex360

- Violate any applicable laws or professional standards

6. DATA OWNERSHIP AND SECURITY

Data Ownership

- You retain full ownership of your client and business data

- We act as data processor with strict contractual obligations

- You control data access, sharing, and retention policies

- Data portability available in standard formats

Security Measures

We implement enterprise-grade security including:

- AES-256 encryption for data at rest and in transit

- Multi-factor authentication and access controls

- SOC 2 compliance and regular security audits

- 24/7 security monitoring and threat detection

- Business continuity and disaster recovery plans

Client Data Protection

Special protections for client information:

- Segregated data storage and processing

- Role-based access controls

- Audit trails for all data access

- Compliance with financial services regulations

7. INTELLECTUAL PROPERTY

Platform Technology

The Platform and all related technology, including AI algorithms, software, and databases, are proprietary to Finex360 and protected by intellectual property laws.

User License

You receive a limited, non-exclusive license to use the Platform during your active subscription for your advisory business operations.

Client Data Rights

You retain ownership of all client and business data. We do not claim ownership of your proprietary information, client relationships, or business processes.

8. SERVICE LEVELS AND SUPPORT

Uptime Commitment

We strive for 99.9% Platform availability with:

- Redundant systems and failover capabilities

- Scheduled maintenance during off-peak hours

- Service credits for documented outages

Customer Support

- Business hours support for general inquiries

- Priority support for compliance and security issues

- Technical support for integrations and customizations

- Account management and strategic consultation

9. REGULATORY COMPLIANCE AND PROFESSIONAL STANDARDS

Compliance Support

Platform tools assist with:

- Real-time regulatory monitoring and alerts

- Automated compliance reporting and documentation

- Audit preparation and record-keeping

- Risk assessment and management

Your Compliance Responsibilities

You remain responsible for:

- Maintaining professional licenses and registrations

- Complying with all applicable laws and regulations

- Meeting fiduciary duties to clients

- Proper use of Platform tools and features

Professional Standards

Platform use must comply with:

- SEC, FINRA, and state regulatory requirements

- Professional conduct and ethics standards

- Client confidentiality and privacy obligations

- Record-keeping and documentation requirements

10. DISCLAIMERS AND LIMITATION OF LIABILITY

Service Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITH DISCLAIMERS FOR:

- Specific business or investment results

- Regulatory compliance guarantee (tools assist, don't guarantee)

- Third-party integrations and services

- Uninterrupted service availability

Limitation of Liability

IN NO EVENT SHALL FINEX360'S TOTAL LIABILITY EXCEED THE GREATER OF:

- 12 months of subscription fees paid by you, OR

- $25,000

EXCLUDED DAMAGES:

- Indirect, consequential, or punitive damages

- Lost profits or business opportunities

- Client relationship issues or regulatory actions

- Third-party claims or market condition impacts

11. CLASS ACTION WAIVER AND DISPUTE RESOLUTION

Business Dispute Process

Before formal proceedings:

- Good faith negotiation through account management

- Escalation to senior management review

- Mediation services if appropriate

Binding Arbitration

YOU AND FINEX360 AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

Disputes resolved through AAA Commercial Arbitration Rules with financial services industry expertise. If class action waiver is unenforceable, entire arbitration provision is void.

12. TERMINATION AND DATA TRANSITION

Termination Rights

By You: 30-day written notice required

By Us: Material breach (with 30-day cure period), loss of licensing, or regulatory issues

Data Transition

Upon termination:

- 90-day data retention period for transition

- Data export assistance in standard formats

- Secure deletion after retention period

- Transition support services available

13. INDEMNIFICATION

You agree to defend, indemnify and hold Finex360 harmless from claims arising from:

- Your use of the Platform

- Violation of these terms

- Your client relationships and advisory services

- Regulatory actions or compliance issues

- Third-party claims related to your business

14. AI AND ALGORITHM TRANSPARENCY

AI Decision-Making

Where AI systems make automated decisions affecting your account:

- General explanation of decision factors available

- Human review available for contested decisions

- Opt-out options where technically feasible

- Transparent disclosure of AI involvement

Algorithm Updates

- Platform AI improvements implemented regularly

- Material algorithm changes communicated to users

- Impact assessments for significant changes

- User feedback incorporated in development

15. MODIFICATIONS AND UPDATES

We may modify these Terms with appropriate notice:

- 60-day notice for material changes

- 30-day notice for minor updates

- Email and in-platform notifications

- Continued use constitutes acceptance

16. SMS Program Terms & Compliance

Program Name: Finex360 Messaging Program
Program Description: Users who opt in will receive appointment reminders, platform updates, service notifications, and relevant educational content.

Opt-Out Instructions:
You can cancel the SMS service at any time by texting “STOP” to our shortcode. After sending “STOP,” we will send a confirmation message to verify you have been unsubscribed.

Rejoining Instructions:
To rejoin, simply sign up again through any of our forms, and we will resume messaging.

Help Instructions:
Reply “HELP” for assistance or contact us at [email protected] or (888) 923-5553.

Carrier Liability Disclaimer:
Carriers are not liable for delayed or undelivered messages.

Message & Data Rates Disclaimer:
Message and data rates may apply. Message frequency may vary.

Privacy Policy Link:
For privacy-related inquiries, please refer to our Privacy Policy at: https://finex360.io/privacy

Compliance Statement:
Our messaging program complies with CTIA and TCPA guidelines, ensuring that users’ consent and opt-in data are protected and respected.

Legal Compliance Note:
By opting in, you confirm you have the authority to consent to receive SMS messages at the phone number provided and agree to these terms.

17. GENERAL PROVISIONS

These Terms constitute the entire agreement between parties regarding Platform use. Terms governed by Wyoming law. Unenforceable provisions do not affect remaining terms. We may assign these Terms; you may not without our consent.

18. CONTACT INFORMATION

Finex360 is a trading name of:

Vertex 360 LLC
30 N Gould St 21693, Sheridan, WY 82801

Email: [email protected]