Terms and Conditions

1. Introduction

Financial Fitness Passport is operated by DALS Technology, Inc., a New York corporation doing business as Financial Fitness Passport (“FFP,” “Company,” “we,” “us,” or “our”). These Terms govern the Financial Fitness Passport website, mobile apps and related services (collectively, the “App”). The App is offered only to users in the United States. The Privacy Policy at https://financialfitnesspassport.com/legal/privacy explains our data practices.

By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App. Nothing in these Terms waives protections that applicable law does not allow you to waive.

2. Eligibility

The App is available only to users in the United States who are at least 18 years old and have reached the age at which they may enter this agreement under applicable law. By creating or using an account, you represent that you meet these requirements. An employer, advisor or other sponsor cannot override them.

The App is not directed to children under 13, and users under 18 are not permitted. If you believe a minor has an account or has submitted personal information, contact support@financialfitnesspassport.com. We will investigate and, if we learn we collected personal information from an ineligible minor, take steps to close the account and delete that information, subject only to applicable legal requirements. Do not send additional sensitive information about a child in your initial report.

3. Description of Service

Financial Fitness Passport is an AI-powered financial wellness and educational platform that provides personalized insights, general financial information, analytical tools, and AI-powered analysis of documents you upload (insurance declarations, estate documents, employee benefits guides, investment account statements, and tax returns) ("Services").

4. User Accounts

You must create an account to access most features. You agree to:

• Provide accurate, current, and complete information during registration
• Verify your email address before accessing protected features
• Keep your credentials secure
• Notify us immediately of unauthorized access

We reserve the right to suspend or terminate any account that violates these Terms or that we suspect is compromised.

5. User Responsibilities

You agree not to:

• Use the App for unlawful, fraudulent, or malicious activity
• Attempt to copy, reverse engineer, or disrupt the App's functionality
• Input false or misleading information
• Upload data that violates third-party rights
• Rely solely on AI-generated information for financial decisions
• Scrape, harvest, or collect data from the App without permission
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the App
• Upload documents that do not belong to you or that you are not authorized to share

Document Uploads: When using document analysis features, you are responsible for the content of any documents you upload. Only upload documents you own or are authorized to share.

6. Artificial Intelligence Disclaimer

Our App incorporates third-party AI engines and APIs (including OpenAI's API models) to generate insights, analyses, coaching, and document analysis. When you upload financial documents (insurance declarations, estate documents, employee benefits guides, investment account statements, or tax returns) via Document Analysis or the Employee Benefits Analyzer, the content of those documents is transmitted to OpenAI for processing. The uploaded file is deleted from our systems after analysis is complete, and the analysis results are saved to your account. Structured facts we read from it that the App uses (for example investment holdings, insurance policy details, or tax figures) are saved to your account, as the Privacy Policy describes, and are deleted when you delete them or your account. You acknowledge and agree that:

By using the App, you accept full responsibility for verifying any information produced by the AI engine before making financial or personal decisions.

Voice calls with Penny

Penny is an AI financial guide provided by DALS Technology, Inc., not a person. Voice is optional and subject to the access and usage limits disclosed for your plan. Penny provides general education, not personal financial, tax, investment, insurance or legal advice. When you have an active link to an advisor through FFP, Penny is designed to refer specific advice questions to that advisor by name and may show you contact details the advisor or firm has chosen to make available, such as that advisor’s calendar or booking link, email, or phone number. If you do not have an active advisor link, Penny may suggest that you consult a licensed professional, without naming a particular person or routing you to a credit union or other institution’s team. Do not treat Penny as a substitute for a licensed advisor, broker-dealer or other professional. Voice calls are not emergency services; Penny cannot call emergency services or another person for you. For an emergency call 911.

Retell AI processes live call audio, recognizes your speech and converts Penny’s reply text to speech. Retell audio recording is turned off; FFP stores a written transcript, not call audio. OpenAI generates responses and processes moderation requests; FFP’s voice service uses Google Cloud. Our signed OpenAI agreement provides Zero Data Retention enabled on our account; coverage details are in the Privacy Policy.

The FFP transcript contains your recognized words and Penny’s response. FFP also keeps session and consent metadata and, for phone features, the verified phone number in encrypted form and related verification and opt-out information. Voice transcripts are associated with your account for quality, compliance and operation of the service, but are not currently displayed in the App. Contact support@financialfitnesspassport.com to request access or deletion; individual voice-transcript deletion is not a self-service feature.

Transcript records are designed to expire six months after creation. Session, phone and consent records do not currently have an automatic expiry; the Privacy Policy describes their retention and deletion. Active Retell agents used for live Penny calls are configured for Basic Attributes Only (no Retell retention period shown for those agents). That does not mean Retell never stored call data historically; see the Privacy Policy. FFP’s written transcript remains the primary retained conversation record.

Penny discloses transcription and the educational nature of the call at the start; on-screen consent also describes six-month transcript retention. New York is generally a one-party consent state for recording conversations to which you are a party (Penal Law §§ 250.00 / 250.05); because FFP participates in the call and discloses transcription up front, we treat the call as consented for our transcription purposes. If a call were a telemarketing sales call under NY GBL § 399-z, New York would additionally require saying within the first 30 seconds whether the call is recorded — Penny’s opening already states that the call is transcribed. Cross-border calls may implicate other states’ all-party rules; we still rely on clear notice and consent before processing. For a phone call, you confirm a US mobile number by a one-time text code, then ask Penny to call and agree to the call on screen. Penny identifies DALS Technology, Inc. as the provider and says she is calling at your request. A separate in-call identity-code check is required before discussing account information. You may end a call at any time. Agreeing to program texts is not a condition of requesting a call. Message and data rates may apply.

Calls end after ten minutes and count toward hourly and daily limits; the public demo ends after three minutes and is limited to one demo per person. Plan and fair-use limits are disclosed where voice is offered. Penny calls only when you request a call. Stop future Penny phone calls by saying “stop calling me,” using “Stop phone calls” in the App, or emailing support@financialfitnesspassport.com. Only you may re-enable calls in the App. Penny does not leave voicemail; the call ends if voicemail is reached. For the public phone demo we first verify the supplied US mobile number by text and call once after you confirm and tap “Call me now,” from (631) 518-3334. For call questions use that number or support@financialfitnesspassport.com. Calls may fail or end early; Section 12 applies.

7. No Financial or Investment Advice

All information provided through the App is for educational and informational purposes only. We do not offer personalized financial, legal, investment, tax, or insurance advice. When you have an active advisor link in FFP, Penny is designed to refer specific advice questions to that advisor by name and may share contact details the advisor or firm has chosen to make available, such as a calendar or booking link, email, or phone. Without an active link, Penny only suggests consulting a licensed professional and does not hand you off to a credit union or other institution’s team. Financial Fitness Passport does not custody assets or execute trades.

You acknowledge that you are solely responsible for your financial decisions and outcomes. You should consult with a licensed professional advisor before acting on any information from the App.

8. Subscription and Billing

Plans and recurring charges

The current plan page at https://financialfitnesspassport.com/#pricing and the offer shown before you subscribe identify the available plans, included features, usage limits and price. We offer a free tier and paid Pro and Pro Connected subscriptions. As currently described on the plan page: the free tier includes your Passport Score and financial snapshot (the free Score does not expire), manual Cash Flow entry/basic calculations, and a limited Penny allowance (currently three free questions total); Pro adds the full roadmap, Goals, Debt, Emergency Fund and Investing tools, the Academy and full Penny access subject to disclosed daily/fair-use limits; Pro Connected adds optional account linking. Feature lists can change; the plan page and the offer you accept control. Connecting a financial account remains optional. Your selected offer and confirmation govern the purchased subscription; a later general plan-page edit does not by itself change an existing prepaid entitlement. Do not rely on App Store or marketing phrases such as “unlimited” Penny if the in-app offer discloses limits.

Automatic renewal: Unless your offer expressly says it does not renew, your subscription renews for successive monthly or annual periods, as selected, and you will be charged the disclosed recurring amount and applicable taxes until you cancel. Before we collect billing information or obtain agreement to a recurring-charge offer, we disclose the price, billing frequency, subscription period, any minimum commitment, renewal terms and how to cancel. We obtain your express informed affirmative consent to recurring charges before charging you and provide a confirmation you can keep containing those terms and cancellation information.

Trials and promotional offers

Where a trial is offered, its duration, eligible plan, payment-method requirement, first charge date, post-trial recurring price/frequency and cancellation deadline are disclosed before acceptance. If a payment method is required, the paid subscription begins and the disclosed amount is charged when the trial ends unless you cancel by the disclosed deadline. If no payment method is required, the trial ends without charging you; continued paid access requires a separate purchase. One free trial is available per account unless a specific offer says otherwise. Promotional offers identify the discount, its duration and the renewal price or method of determining it. Codes cannot be combined unless the offer allows it and may be revoked for misuse, subject to applicable law.

Web purchases through Stripe

Stripe processes web subscription payments. You may cancel future renewal online at any time through the billing portal (web), accessible from your account’s billing controls. Cancellation stops future renewal when submitted; unless law or the offer provides otherwise, access continues through the end of the already-paid period. If you cannot access the portal, contact support@financialfitnesspassport.com for assistance; support is not a mandatory step in online cancellation.

Apple App Store and Google Play purchases

For subscriptions purchased inside a mobile app, Apple or Google, as applicable, processes payment and administers renewal and refund requests; RevenueCat helps us manage entitlement and purchase status. Cancel in the same Apple Account or Google Play account used to subscribe: Apple Settings → your name → Subscriptions → Financial Fitness Passport → Cancel Subscription, or Google Play → profile → Payments & subscriptions → Subscriptions → Financial Fitness Passport → Cancel subscription. Follow the store’s displayed trial/renewal deadline; for Apple, cancel a free or discounted trial at least 24 hours before it ends. The store’s purchase sheet and confirmation control the offer and store billing procedure. We do not require a separate FFP cancellation in addition to store cancellation.

Deleting an app from a device does not cancel a subscription. Cancel through the applicable billing provider before deleting your account. Account deletion does not necessarily cancel every subscription.

Notices and price or other material changes

We provide applicable trial-conversion, renewal, annual reminder and material-change notices in a form you can keep, identifying the service, recurring amount/frequency, relevant date and cancellation method. We design notices to satisfy New York GBL § 527-a (as amended, effective November 5, 2025) for New York consumers and comparable state automatic-renewal laws, including California’s ARL where applicable:

• Clear terms before consent or billing information: product/service description, cost, charge frequency, cancellation deadline and cancellation methods, in visual (or for voice, temporal) proximity to the consent request; if a free gift, trial or temporary price is offered, how and when the price changes and the later price.
• Affirmative consent before the initial charge; retainable acknowledgment promptly after consent with those material terms and cancellation methods.
• Cancellation available at any time through a simple mechanism at least as easy as consent, and through each medium used to obtain consent; we will not unreasonably delay, ignore or obstruct cancellation (retention offers may be presented but cannot block cancellation).
• Annual-term renewals (initial paid term ≥ 1 year renewing for ≥ 6 months): reminder 15–45 days before the cancellation deadline.
• Trials/promotional periods longer than one month: notice 3–21 days before the cancellation deadline for the first chargeable period (NY § 527-a); California’s 3–21 day window for trials/discounts > 31 days is also observed where that law applies.
• Material changes, including price increases: clear notice 5–30 days before the change (NY § 527-a). For web subscriptions we also give at least 30 days’ notice before a price increase applies at renewal where that longer period is our standard.
• Price increases for NY consumers: before charging a higher price than disclosed at consent, we either obtain new affirmative consent or allow cancellation within at least 14 days after the increased charge with a pro-rata refund of the unused remainder, as § 527-a requires.

Other applicable state timing requirements also apply. Notices from Apple or Google may fulfill store-administered billing requirements but do not excuse independent obligations we have for our own offers. We will not reduce a paid entitlement during its prepaid term without any remedy required by law or the offer.

Refunds and cancellation effect

Except where required by law, the applicable offer, or the rules/remedies of Apple or Google, we do not provide refunds or credits for partial subscription periods. This does not restrict statutory remedies, refunds for an unauthorized charge or other refund rights that cannot lawfully be excluded. For web billing/refund assistance email support@financialfitnesspassport.com; for store purchases request a refund through Apple or Google, and contact us for help identifying the billing provider.

If we discontinue the App or end your subscription for a reason other than your breach, fraud or abuse, we refund the unused prepaid portion. For a suspension or termination for breach, fraud or abuse, no discretionary refund is promised, but mandatory rights remain. Section 17 applies.

Failed payments and sponsorship

If payment fails, we may retry it. While retrying, premium features including Account Sync are paused without removing stored information. If payment remains unsuccessful, we may cancel the paid subscription and move the account to the free tier; the Privacy Policy describes bank-connection handling.

An organization may pay for your subscription. Its agreement governs sponsorship payment, duration, program type and any program reporting scope; these Terms govern your use; and the Privacy Policy explains sponsor seat fields and separate advisory-firm access. Sponsored programs include Pro, with full Penny. Only programs that sponsor Pro (for example employer seats, partner-sponsored Pro seats, advisor-firm-sponsored clients, and firm staff on those seats) receive full Penny. Employee-subsidized programs and partner discount or full-price programs that do not sponsor Pro remain on Penny Lite unless you subscribe to Pro yourself. There is no per-organization Penny toggle. When sponsorship ends, your account moves to the free tier unless you separately subscribe. Sponsorship alone does not authorize access to your individual financial details. All cancellation/refund provisions are subject to mandatory applicable law.

9. Intellectual Property

All content, trademarks, software, and other materials on the App are owned by Financial Fitness Passport or its licensors. You are granted a limited, non-exclusive, revocable license to use the App for personal, non-commercial purposes.

You may not reproduce, modify, distribute, or create derivative works from the App or its content. The Financial Fitness Passport name, logo, and all related trademarks are proprietary.

10. User Data and Privacy

Your Data

When you input financial information into the Service:

• You retain ownership of your personal financial data
• You grant us a license to use it solely to provide and improve the Service
• You may export your data at any time through the App
• You may request deletion of your account and data at any time

Uploaded Documents

Documents uploaded through the Document Analysis or Employee Benefits Analyzer features (insurance declarations, estate documents, employee benefits guides, investment account statements, and tax returns) are used to generate your AI analysis and the structured facts described in Section 6. They are temporarily held in secure cloud storage, the text we extract from them is sent to OpenAI for processing, and the uploaded file is deleted from our systems after analysis is complete. The analysis results are saved to your account.

Sharing with an advisor or linked firm

You may share selected Passport areas with an advisor whose firm uses FFP and choose view or edit permission. Revoke an individual share in Profile; that advisor’s share-based access ends. The advisor can also see the whole-Passport summary described in the Privacy Policy even when only selected areas are shared.

A separate rule applies to firm compliance access: while your account is linked to an advisory firm with that access enabled, its authorized administrators/compliance staff may view every Passport area read-only for supervisory review, even if you have not shared with an advisor or have revoked an individual share. Revoking an individual share does not unlink the firm or end that separate compliance access. Contact support@financialfitnesspassport.com for help identifying your firm link and requesting that it end. A sponsorship-only organization receives only the seat information described in the Privacy Policy, not this compliance access merely because it pays.

Advisors, broker-dealers and firms are independent, not our agents; their advice and supervision are their responsibility. Each firm retains its own supervisory, recordkeeping and examination obligations. Financial Fitness Passport does not custody assets or execute trades, and does not replace the firm’s compliance program. We remain responsible for our own obligations under applicable law. The Privacy Policy describes what advisors and firms may see and exclusions (including uploaded documents and Penny conversations). Views are recorded: each advisor open of a shared Passport is logged with a reason code; firm administrators and compliance viewers can review that log, and compliance viewers can export a CSV of the loaded page. You do not receive a client-facing access history, and the log is not in your account export. Access is logged, and your firm’s compliance team can review and export it.

Data Retention

We retain your data for as long as your account is active or as needed to provide Services. When a plan ends, what was imported from your bank connections stays in your account, as our Privacy Policy describes. Following account deletion, we may retain certain data for legal, regulatory, or legitimate business purposes (e.g., fraud prevention, compliance) as detailed in our Privacy Policy.

Promotional Use

By using the App, you grant us permission to use anonymized, aggregated usage data and testimonials (with your explicit consent) for marketing and promotional purposes. We will never share personally identifiable financial data publicly.

11. Third-Party Services

The App uses and integrates with third-party services, including:

• Firebase (Google) for authentication and data storage
• Stripe for payment processing on the web
• RevenueCat for subscription management of purchases made inside our mobile app
• PostHog for product analytics
• OpenAI for AI-powered features
• Plaid for bank and financial account connectivity, used only with the optional Account Sync feature
• Retell AI for voice calls with Penny, used only if you start a voice call
• Twilio for phone-number verification by text message, used only if you add a phone number, and for delivering the text messages described below, used only if you opt in to them
• Vercel for hosting, and Google Cloud for our voice service
• Cloudflare Turnstile for abuse prevention on the voice demo form

In the product this is called the connected accounts feature, referred to in these terms as Account Sync.

Account Sync and Plaid. Account Sync is an optional feature. Connecting a financial account is never required to create an account or to use the App. If you choose to use it, you authorize us to engage Plaid Inc. to connect to your financial institution on your behalf and to retrieve account and transaction data from it, and you agree to Plaid's own end-user terms and privacy policy. You enter your credentials directly into Plaid's interface; we do not receive or store them. Account data retrieved through Plaid is provided by your financial institution and by Plaid, and we do not warrant that it is complete, current, or accurate. You may disconnect any institution at any time.

We are not responsible for the acts, omissions, or data practices of these third parties. Your use of those services may also be subject to their own terms and policies.

Text Messages from Financial Fitness Passport

Opting in. Giving us a mobile number is optional. If you give one and check the separate text-message box on the signup form or in your Profile, you agree to receive recurring text messages from Financial Fitness Passport: account updates, Passport Score changes and educational check-ins from Penny. We send up to 4 messages a month. Message and data rates may apply. Consent is not a condition of creating an account or of any purchase.

Opting out. Reply STOP to any message to stop receiving texts, or turn texts off in your Profile settings. You may receive one message confirming you have been unsubscribed. Reply HELP for help, or email support@financialfitnesspassport.com. Opting out of program messages does not stop the one-time code we text to confirm your number if you ask Penny to call you.

Carriers. Messages are delivered through Twilio and your wireless carrier. Carriers are not liable for delayed or undelivered messages. Message delivery depends on your carrier and device, and we cannot guarantee that every message will be delivered. Supported carriers include the major US carriers; availability on other carriers may vary.

Your number. You confirm that you are the subscriber or customary user of the number you give us, and you agree to tell us if you stop using it. See the Privacy Policy, Section 12, for how we handle your number and your consent record.

12. Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected
• That the App is free from viruses or harmful components
• Specific uptime or performance levels

We reserve the right to modify, suspend, or discontinue the App (or any part) at any time, with or without notice, for maintenance, updates, or any other reason. We are not liable for any interruption or termination of service. If we discontinue the App or a paid feature, Section 8 provides for a refund of any unused prepaid period.

13. Beta Features and Updates

We may release new features, tools, or updates labeled as "beta," "experimental," or "preview." These features are provided "as is" and may contain bugs or behave unpredictably. We may change or discontinue beta features at any time without liability.

14. Limitation of Liability

Some jurisdictions do not allow limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, or any matter to the extent it cannot lawfully be excluded or limited. Nonwaivable statutory warranties, remedies and consumer protections remain available. These Terms do not prevent reporting a matter to a regulator or seeking public injunctive relief where available by law.

15. Indemnification

You agree to indemnify and hold harmless Financial Fitness Passport, its affiliates, and employees from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of:

• Your breach of these Terms
• Your violation of any law or of a third party's rights
• Documents or other content you upload or share through the App
• Your use of the App for any unlawful purpose

This obligation applies only to the extent permitted by law and does not require you to indemnify us for our own negligence, misconduct or breach of these Terms. We will promptly notify you of a covered third-party claim, reasonably cooperate, and will not agree to a settlement imposing an admission or nonmonetary obligation on you without your consent.

16. Governing Law & Dispute Resolution

Please read this section carefully. It requires most disputes to be resolved by individual binding arbitration rather than a judge or jury trial in court, and it limits class and representative proceedings. You may opt out of arbitration within 30 days as described below. This section is intended to keep disputes out of court to the extent permitted by enforceable law; some limited court proceedings still remain available (see “Limits of keeping disputes out of court”).

Governing law

These Terms, and any dispute arising out of them or the App, are governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) as to arbitration, and otherwise by the laws of the State of New York, excluding New York conflict-of-laws rules that would require another state’s law. DALS Technology, Inc. is a New York corporation with its principal place of business in Melville, New York. Nonwaivable protections of the state where you reside, and other mandatory federal or state law (including New York General Business Law §§ 349–350 and, for New York consumers, automatic-renewal rules under GBL § 527-a), remain available. Plain-language drafting for consumer agreements is intended to align with New York General Obligations Law § 5-702.

Informal resolution (required first step)

Before starting arbitration or a permitted court case, you and we will try to resolve the dispute informally. Send a written notice describing the dispute, your account email, and the relief you want to support@financialfitnesspassport.com. We will use your account email. We will attempt good-faith resolution for 60 days after the notice is received. Filing periods are tolled during this informal process to the extent permitted by law. This step does not delay emergency injunctive relief needed to stop ongoing irreparable harm.

Individual binding arbitration

Except for the carve-outs below, any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy, the App, billing, or your relationship with us — whether based in contract, tort, statute, fraud, misrepresentation or any other theory — will be resolved exclusively by final and binding individual arbitration, not in court before a judge or jury.

• Administrator and rules: American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and any applicable mass-arbitration/supplementary procedures), as modified by this section. If AAA is unavailable, the parties will use JAMS under its consumer arbitration rules. Information: adr.org or 1-800-778-7879.
• FAA: This agreement to arbitrate is governed by the Federal Arbitration Act.
• Arbitrator: A single arbitrator. The arbitrator may award any individual relief a court could award on an individual claim, including damages, declaratory relief and individual injunctive relief needed for that claim. The arbitrator has exclusive authority to decide disputes about the interpretation, applicability, enforceability or formation of this arbitration agreement (including any claim that all or part of it is void), except that a court decides enforceability of the class/representative waiver below if a challenge is made to that waiver specifically.
• Location / format: English. By video, phone or documents unless the arbitrator requires an in-person hearing; any in-person hearing will be in New York County or Suffolk County, New York, or another mutually agreed place, or your home county if AAA Consumer Rules require it.
• Fees: Filing, administration and arbitrator fees follow the AAA Consumer Arbitration Rules. For consumer claims, we will pay amounts the Rules require the company to pay; if you initiate arbitration, you pay only the consumer filing fee the Rules assign to you unless the arbitrator reallocates fees as permitted by law or the Rules. Each party bears its own attorneys’ fees unless a statute or the arbitrator awards fees to the prevailing party.
• Judgment: The arbitrator’s award is final and binding. Either party may seek to confirm, modify or vacate the award in a court of competent jurisdiction as the FAA allows.

Class, collective, representative and jury waivers

YOU AND WE AGREE THAT DISPUTES WILL BE ARBITRATED (OR, WHERE A COURT ACTION IS PERMITTED, LITIGATED) ONLY IN OUR INDIVIDUAL CAPACITIES. Class arbitrations, class actions, collective actions and private attorney-general or representative actions seeking relief on behalf of others are not permitted under this agreement, to the fullest extent allowed by law. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL and to participate as a class or representative plaintiff or class member. If a court or arbitrator finds the class/representative waiver unenforceable as to a particular claim, that claim (and only that claim) must be severed and may proceed in court; arbitration continues for remaining claims. The waiver is intended to be severable from the rest of this section so that individual arbitration remains enforceable where permitted.

Small claims, IP and emergency relief carve-outs

Either party may bring an individual action in small claims court if the claim qualifies and remains individual. Either party may seek temporary, preliminary or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, security or misuse of the App, without first completing informal resolution or arbitration. Filing to confirm, modify or vacate an arbitration award, or to compel arbitration, may occur in court as the FAA and New York CPLR Article 75 allow. These carve-outs do not waive the class/representative limitations above.

Mass / coordinated arbitration batching

If 25 or more similar demands are filed against us by or with the same or coordinated counsel within a reasonably related period, they are a “Mass Filing.” Counsel for each side will each select up to 10 bellwether demands to proceed first. Remaining demands are stayed and limitations periods tolled. After bellwethers conclude, the parties will mediate remaining demands in good faith (we pay the mediator’s reasonable fee for one global mediation). If unresolved, remaining demands proceed in successive batches of up to 50. No claimant should wait more than 36 months from their original demand to have their claim heard, absent mutual agreement or arbitrator order. Bellwether outcomes do not bind other claimants. Either side may ask AAA to apply its mass-arbitration procedures. You may opt out of coordinated proceedings for your own claim by written notice to support@financialfitnesspassport.com (same address used for arbitration opt-out), in which case your claim proceeds individually in due course under the batching schedule or AAA rules.

30-day arbitration opt-out

You may reject this arbitration agreement by emailing support@financialfitnesspassport.com (subject: ARBITRATION OPT-OUT) within 30 days after the later of (a) the date you receive notice, or (b) the date these Terms take effect for you. Your notice must state your full name, account email, and that you opt out of arbitration. If you opt out, other Terms still apply, and disputes proceed in the state or federal courts in Suffolk County, New York (or your home small-claims court if eligible), still on an individual basis with the class and jury waivers above to the extent enforceable, unless mandatory law requires otherwise. Opting out does not affect prior arbitration agreements between us, if any.

Limits of keeping disputes out of court (read this)

Arbitration greatly reduces court trials, but cannot lawfully eliminate every court touchpoint. Courts may still be involved to: (1) hear qualifying small-claims cases; (2) issue IP / security injunctions; (3) compel arbitration or confirm/vacate awards under the FAA / CPLR Article 75; (4) decide limited questions a court must decide (for example, certain waiver-enforceability issues); and (5) hear claims that cannot be waived or that a court insists remain in court (including some public-injunctive or regulator actions). Regulator complaints (for example to the New York Attorney General) and nonwaivable statutory rights remain available. This section is not a guarantee that no lawsuit can ever be filed; it is a contractual allocation enforceable only as far as federal and New York law allow.

Venue for permitted court actions

Subject to the arbitration agreement and mandatory consumer venue rights, permitted court actions (including to compel arbitration or confirm an award) may be brought in the state or federal courts located in Suffolk County, New York, and you and we consent to that venue. Qualifying small-claims actions may be brought in your home county’s small claims court.

17. Termination

You may close your account at any time in Profile settings or by emailing support@financialfitnesspassport.com.

We may suspend or terminate your account immediately, subject to the refund protections in Section 8, if you violate these Terms, engage in fraud or a payment dispute in bad faith, abuse the Service or other users, or if we must do so to comply with law or protect the App or its users. Where practical, we will tell you why.

We may also close your account for any other reason, including that we discontinue the App, on at least 30 days' notice by email; in that case we refund the unused portion of any prepaid subscription period. We may close an account that has not signed in for 24 months after emailing you twice, at least 30 days apart; signing in before then keeps it open.

When your account ends, your license to use the App ends, and the Privacy Policy describes what happens to your data. Sections 6, 7, 9, 14, 15, 16 (including arbitration), and this Section survive.

18. Export Controls

The App may be subject to U.S. export control laws. You agree not to export, re-export, or transfer the App or any technical data in violation of applicable laws or regulations.

19. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, internet or utility failures, or government actions.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

21. Entire Agreement

These Terms, the Privacy Policy and the plan-specific offer and retainable confirmation you accept constitute the agreement for your use of the App. Mandatory law controls any conflict. The accepted offer controls its price, trial and prepaid entitlement; app-store terms govern store billing procedures. An organization’s separate agreement governs its sponsorship, not a waiver of the individual’s mandatory rights. These documents supersede prior agreements on the same subject to the extent permitted by law.

22. Modifications to the Terms

We may modify these Terms from time to time. When we do, we will change the "Last Updated" date above and keep the date of the previous version beside it. When you create an account, we record which version of these Terms you accepted (its "Last Updated" date) and when you accepted it. If a change is material — for example to pricing, billing, dispute resolution, limitation of liability, or termination — we will notify you by email or in the App at least 30 days before it takes effect, and the change will not apply to any dispute that arose before the effective date.

Continued use of the App after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to modified Terms, you must stop using the App.

If applicable law requires additional consent to a change, we obtain it; continued use alone does not replace that consent. Material changes to these Terms apply only prospectively and do not waive existing claims or retroactively change accepted billing terms. A revised webpage date alone is not notice to existing users.

23. Terms for the iOS app

If you use the Financial Fitness Passport app from the Apple App Store, the following also apply. These Terms are between you and DALS Technology, Inc., not Apple; Apple is not responsible for the app or its content. The license in Section 9 is limited to use of the app on Apple-branded products that you own or control, as permitted by the App Store Terms of Service, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is our responsibility. We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product-liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer-protection, privacy or similar law. If a third party claims that the app infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with any applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the app, and may enforce them against you. Questions about the app: support@financialfitnesspassport.com.

24. Feedback

If you send us ideas, suggestions or other feedback about the App, you agree that we may use them without restriction or compensation, and that doing so does not give you any rights in the App.

25. Electronic communications and accessibility

You agree to receive notices from us electronically, by email to the address on your account or in the App, and that electronic notices satisfy any legal requirement that a notice be in writing. Our accessibility statement is at financialfitnesspassport.com/accessibility.

26. Contact Information