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Legal

Terms of Service

FinClarity LLC · Effective Date: July 7, 2026

Draft for attorney review. This document has not been finalized for publication. Contact privacy@finclarity.io with questions.

These Terms of Service (the “Terms”) are a binding agreement between FinClarity LLC (“FinClarity,” “we,” “us”) and the business entity that registers for or uses the FinClarity platform (“Customer,” “you”). By creating an account, clicking to accept, or using the Services, you agree to these Terms on behalf of your company and represent that you have authority to bind it. The Services are offered to businesses only and are not for personal, family, or household use.

1. The Services

FinClarity provides a bank verification and risk-intelligence platform for commercial finance providers, including: (a) merchant bank account verification via your own Plaid connection (Bring Your Own Plaid), browser-based sessions, and live screen-share sessions; (b) network integrity features, including duplicate-verification alerts and FundLock funding-registration alerts derived from activity across the FinClarity network; (c) reports, summaries, analytics, and related intelligence; and (d) associated software, extensions, and APIs (collectively, the "Services").

2. Accounts, Roles, and Security

You are responsible for all activity under your account and for maintaining the confidentiality of credentials. You will keep registration information accurate, designate authorized users (Admins and Members), and promptly notify us of any unauthorized use. We may suspend accounts that present a security, legal, or network-integrity risk.

3. Credits, Fees, and Payment

Verifications are consumed by prepaid credits. Credits are charged when a verification is created (link generated, browser session opened, or meeting created), regardless of outcome. Re-verifications cost the same as a new verification of the same method. Generating a new link for a failed or expired verification is a new verification.

Credits do not roll over: unused credits expire at the end of each billing cycle. Credit purchases are charged immediately at checkout and, except where required by law, all fees and credits are non-refundable, including for expired links, failed sessions, or deleted verifications.

Prices may change with notice effective on your next billing cycle. You are responsible for applicable taxes other than taxes on our income. We may suspend the Services for non-payment.

4. Customer Responsibilities; Merchant Authorization

You represent and warrant that, for every verification you initiate: (a) you have a legitimate business purpose and the merchant's authorization to verify its bank account and business information; (b) you have provided all notices and obtained all consents required by law, including consent to session recording where required by applicable call- and screen-recording laws for Manual and Screen Share sessions; and (c) the information you submit is accurate. You are solely responsible for your treatment of merchants and your compliance with laws applicable to your business, including lending, brokering, disclosure, and telemarketing laws.

5. Customer Data and License to FinClarity

"Customer Data" means data submitted to the Services by you or on your behalf, and data retrieved at your direction (including bank data retrieved via your own Plaid connection, session recordings, and verification results). As between the parties, you own Customer Data. You grant FinClarity a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Customer Data: (a) to provide, secure, and support the Services; (b) to operate network integrity features, including matching verifications across the FinClarity network and generating duplicate-verification and FundLock alerts visible to other FinClarity customers as described in the Documentation; (c) to develop, train, test, and improve our products, models, and detection systems; and (d) to create De-identified and Aggregated Data (Section 6).

You instruct FinClarity to disclose limited verification-event signals (for example, that a merchant identified by its EIN was verified or accepted funding, together with timing information) to other FinClarity customers as part of the network integrity features. These signals do not include your identity, pricing, or deal terms.

6. De-identified and Aggregated Data; Usage Data

FinClarity may create and use data that has been de-identified and/or aggregated so that it does not identify you, any merchant, or any natural person ("De-identified and Aggregated Data"), and data about access to and use of the Services ("Usage Data"). De-identified and Aggregated Data and Usage Data are owned by FinClarity, and FinClarity may use, license, sell, distribute, and otherwise commercialize them for any lawful purpose during and after the term, including to build, market, and sell benchmarks, indices, analytics, risk scores, and industry intelligence. FinClarity will not reverse-engineer De-identified and Aggregated Data to re-identify you, a merchant, or a natural person, and will maintain such data in compliance with applicable law and its obligations to data providers.

7. Bank Connectivity (Bring Your Own Plaid) and Third-Party Services

FinClarity is not a Plaid reseller. Bank connectivity runs exclusively through your own Plaid account (Bring Your Own Plaid): you connect your company's Plaid production credentials, you keep your Plaid contract, dashboard, and billing, and you remain responsible for your Plaid relationship and compliance. End users' use of Plaid is subject to the Plaid End User Privacy Policy presented within the Plaid flow. Data obtained through your Plaid connection may be used only as permitted by these Terms and applicable law. Third-party services are provided by their owners under their own terms; FinClarity is not responsible for third-party services.

Plaid End User Privacy Policy: https://plaid.com/legal/#end-user-privacy-policy

8. Network Alerts Are Not Consumer Reports

Duplicate-verification alerts, FundLock alerts, and other network signals are fraud-prevention and verification tools that reflect activity on the FinClarity network. They are not "consumer reports" and FinClarity is not a "consumer reporting agency" under the Fair Credit Reporting Act (FCRA). You agree not to use the Services or any network signal, in whole or in part: (a) as a factor in establishing a natural person's eligibility for credit, insurance, employment, housing, or any other FCRA-covered purpose; or (b) in any manner that would cause FinClarity to be a consumer reporting agency or the data to constitute consumer reports. Network signals may be incomplete or reflect activity of similarly named businesses; you are solely responsible for your funding decisions.

9. Acceptable Use

No use of the Services to violate law, third-party rights, or Plaid or financial-institution terms; no submitting data you lack rights or consents to submit.

No reselling, scraping, or systematically extracting Services data; no building or supplementing a competing database, product, or consumer report; no sharing network alerts outside your organization.

No reverse engineering, circumventing security or usage limits, or misusing credentials, links, or verification codes (including FundLock codes).

10. Confidentiality; Intellectual Property

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms. FinClarity and its licensors own the Services, software, extensions, templates, and all related intellectual property; no rights are granted except as expressly stated. If you provide feedback, we may use it without restriction or obligation.

11. Term; Suspension; Termination

These Terms apply from account creation until terminated. Either party may terminate for material breach not cured within 30 days of notice; we may suspend or terminate immediately for security risks, unlawful use, non-payment, or risk to the network. Upon termination, your access ends and unused credits are forfeited. Sections 5–6, 8, and 10–15 survive. Verification events already contributed to the network, and De-identified and Aggregated Data, survive termination.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FINCLARITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION. BANK DATA, AI-ASSISTED VERIFICATION RESULTS, RECORDINGS, AND NETWORK SIGNALS MAY CONTAIN ERRORS OR OMISSIONS; FINCLARITY DOES NOT GUARANTEE ANY OUTCOME OF ANY FUNDING DECISION.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. FINCLARITY'S TOTAL LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO FINCLARITY IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS, MISUSE OF THE SERVICES, OR INDEMNIFICATION OBLIGATIONS.

14. Indemnification

You will defend and indemnify FinClarity against third-party claims arising from: (a) Customer Data or your treatment of merchants; (b) your breach of Sections 4, 8, or 9; or (c) your violation of law, including recording-consent, credit-reporting, privacy, and lending laws.

15. Disputes; Governing Law; General

These Terms are governed by the laws of the State of New York, without regard to conflicts rules. Any dispute will be resolved by binding arbitration in New York, New York before a single arbitrator under the JAMS Comprehensive Rules, on an individual basis only; CLASS ACTIONS AND JURY TRIALS ARE WAIVED. Either party may seek injunctive relief in court for IP or confidentiality violations. We may update these Terms with notice; continued use after the effective date is acceptance. These Terms are the entire agreement regarding the Services and supersede prior discussions. Notices to FinClarity: legal@finclarity.io.