Terms of Use

2. Terms of Use

2.1 Agreement and operator

These Terms of Use ("Terms") are a binding agreement between you and OFNDS Corp. ("OFNDS," "we," "us," or "our") governing your access to onlyfnds.com and related webpages, forms, portals, communications, and online services that link to these Terms (collectively, the "Platform").

By accessing the Platform, creating an account, submitting information, checking a box that references these Terms, or purchasing a service, you agree to these Terms, the Privacy Policy, and any service-specific agreement presented to you. If you do not agree, do not use the Platform.

If there is a conflict between these Terms and a signed service-specific agreement, the service-specific agreement controls for that service.

2.2 Eligibility and adult-only service

The Platform and all OFNDS services are currently offered only in the United States to individuals who are at least 18 years old and legally capable of entering a contract, including individuals acting for businesses they are authorized to represent. The Platform is not directed to children or minors. You may not access the Platform, submit information, or purchase services if you are under 18. By using the Platform, you represent that you are at least 18 years old, are located in the United States, and are using the Platform for yourself or for a business you are authorized to represent. OFNDS may limit availability where a service is not legally or operationally available.

2.3 What OFNDS does

OFNDS offers financial-wellness education, organizational tools, and products such as the Financial Deep Clean. Depending on the product selected, OFNDS may help a customer assemble and understand information concerning estimated income and expenses, tax-account status, debts, business organization, and possible next steps.

During the current beta, customer financial materials are reviewed by Jessica Benitez Martinez, CPA, through BM Advisory & Co. OFNDS may later use software or automated systems to organize customer-authorized data and generate estimates or observations, but only after identifying the provider, reviewing its security and privacy practices, and updating the applicable disclosures. Automated output can contain errors and is not a substitute for verification or professional judgment. OFNDS does not use its educational output to make a lending, employment, housing, insurance, or other eligibility decision about you.

2.4 What OFNDS does not do

Unless a separate written agreement expressly states otherwise and names the responsible provider, OFNDS does not:

• provide individualized legal, tax, accounting, investment, credit-repair, lending, or debt-relief advice;

• prepare or file tax returns or other government filings;

• represent you before the IRS or another agency;

• obtain or dispute credit-report items as a credit-repair organization;

• negotiate, settle, adjust, consolidate, or collect debts;

• recommend, offer, buy, sell, or manage securities or investments;

• open or hold a bank account, accept deposits, or hold money for you;

• promise that you qualify for any third-party product or that any result will occur.

2.5 Third-party services and named providers

Current beta functions are performed by identified service providers and independent professionals, including the payment processor, website and database providers, secure document and electronic-signature platform, email platform, and the tax professional named in the Provider Schedule. OFNDS does not currently use a provider to obtain consumer reports, connect bank accounts, provide debt relief, provide banking products, or provide investment services.

The providers actually used for a service will be identified in the Provider Schedule, at the point of collection, or in a separate agreement before the provider performs a regulated or personalized service. Those providers are independent entities with their own eligibility standards, contracts, fees, disclosures, and privacy practices. OFNDS does not control their decisions or guarantee their availability or performance.

You are never required to purchase a third-party product merely because OFNDS identifies it as a possible option. OFNDS may receive compensation from some providers when you click, apply, enroll, or purchase. Where applicable, the nature of that compensation will be disclosed before your selection.

2.6 Accounts, credentials, and secure access

You must provide accurate, current information and keep account credentials, access links, and passcodes confidential. Do not send Social Security numbers, government identification, tax records, bank statements, credit reports, or similar sensitive information through ordinary email, text message, social media, or an unsecured form. Use only the secure intake or upload method designated by OFNDS.

Notify security@onlyfnds.com promptly if you believe an account, signing link, upload link, or credential has been compromised. OFNDS may suspend access to protect you, another person, the Platform, or a provider.

2.7 Your authorizations and responsibilities

You represent that information and documents you provide are accurate to the best of your knowledge and that you have the right to provide them. You authorize OFNDS and identified providers to use the information only as described in the applicable consent, service terms, and Privacy Policy.

You may not upload another person's tax, credit, identity, or financial information unless you have documented legal authority to do so. Joint filers and joint account holders may each need to provide a separate authorization. You are responsible for reviewing the final report, identifying apparent errors, and obtaining professional advice before making consequential decisions.

2.8 Acceptable use

You may not use the Platform to violate law; impersonate another person; submit false, stolen, or unauthorized information; probe or bypass security; introduce malicious code; scrape or copy the Platform at scale; interfere with service; infringe intellectual-property or privacy rights; or use OFNDS content to train or build a competing product without written permission.

2.9 Ownership and limited license

OFNDS and its licensors own the Platform, brand assets, designs, software, workflows, educational content, report formats, and related intellectual property. Subject to these Terms, OFNDS grants you a personal, limited, revocable, nonexclusive, nontransferable license to use the Platform and any purchased report for your own personal or internal business purposes.

You retain ownership of information and documents you provide. You grant OFNDS and its providers a limited license to host, process, reproduce, transmit, and analyze that material only as reasonably necessary to provide, secure, support, and comply with law concerning the services you request.

2.10 Communications

You agree that OFNDS may send transactional communications concerning purchases, intake, identity verification, signatures, security, service status, and support. Marketing communications are optional. You may unsubscribe from marketing email using the link provided, but you may still receive non-marketing service communications.

Your consent to electronic records and signatures is governed by the Electronic Communications and Signature Consent below.

2.11 Fees and refunds

Prices and included services are shown at checkout and in the applicable service terms. Taxes, third-party fees, or optional follow-on services will be disclosed separately before purchase.

The Financial Deep Clean costs \$279 unless a different promotional price is displayed and accepted at checkout. The purchase is nonrefundable except where OFNDS cancels the engagement, determines that it cannot complete the service, fails to deliver within the applicable delivery period for reasons within its control, or applicable law requires a refund. OFNDS may cancel an order it cannot complete and issue a refund to the original payment method. Delays caused by incomplete or inaccurate customer information, missing authorizations, customer nonresponse, government agencies, financial institutions, or other third parties do not constitute non-delivery by OFNDS.

2.12 No guarantees

Financial information changes and third parties control their own records and decisions. OFNDS does not guarantee the completeness or accuracy of third-party data; correction of a credit or tax record; a particular tax balance; debt reduction; creditor participation; credit-score change; loan, account, or investment approval; business formation status; investment return; savings; timing; or any other financial or commercial outcome.

2.13 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND GENERAL WEBSITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." OFNDS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS DOES NOT DISCLAIM AN EXPRESS COMMITMENT IN A PAID SERVICE AGREEMENT OR A WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.

2.14 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFNDS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF CREDIT OPPORTUNITY, OR BUSINESS INTERRUPTION ARISING FROM THE PLATFORM OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFNDS'S TOTAL LIABILITY ARISING FROM A PAID SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID OFNDS FOR THAT SERVICE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR FREE PLATFORM USE, TOTAL LIABILITY WILL NOT EXCEED \$100.

These limitations do not apply to liability that cannot lawfully be limited, including where applicable liability for fraud, willful misconduct, gross negligence, or infringement caused by OFNDS.

2.15 Indemnification

To the extent permitted by law, you will defend, indemnify, and hold OFNDS and its officers, employees, and agents harmless from third-party claims arising from your unlawful use of the Platform, your material violation of these Terms, or information you submitted without authorization. This provision does not require you to indemnify OFNDS for OFNDS's own negligence, willful misconduct, or violation of law.

2.16 Suspension and termination

You may stop using the Platform at any time. OFNDS may suspend or terminate access if reasonably necessary to address fraud, security, legal risk, nonpayment, abusive conduct, or a material breach. Termination does not erase payment obligations already incurred or provisions that by their nature survive, including ownership, disclaimers, limitations, dispute resolution, and lawful record retention.

2.17 Informal dispute resolution

Before filing arbitration or a lawsuit, the complaining party must send a written Notice of Dispute describing the claimant's name and contact information, the relevant account or transaction, the facts, the relief requested, and a good-faith settlement demand. Notices to OFNDS must be emailed to legal@onlyfnds.com with the subject "Notice of Dispute" and mailed to 2040 Millburn Avenue, Suite 102-728, Maplewood, NJ 07040. OFNDS will send notices to the most recent email or mailing address on file.

The parties will attempt in good faith to resolve the dispute individually for 30 days after receipt. Any limitations period is tolled during that 30-day period. Either party may request an individual settlement conference conducted by telephone or videoconference.

2.18 Binding individual arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE RIGHT TO GO TO COURT.

Except for an eligible individual claim brought in small-claims court and a claim seeking temporary or preliminary injunctive relief to protect intellectual property, privacy, or data security while arbitration is pending, any dispute arising from or relating to the Platform, a purchase, these Terms, or the relationship between you and OFNDS will be resolved by final and binding individual arbitration under the Federal Arbitration Act.

Arbitration will be administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules, as modified by these Terms. If AAA is unavailable or declines to administer the matter, the parties will select another nationally recognized administrator; if they cannot agree, a court of competent jurisdiction will appoint one. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the class-action waiver.

The arbitration may occur by documents, telephone, videoconference, or at a reasonably convenient in-person location in the county where the customer resides. The customer will not be required to pay more in filing or administrative fees than the customer would pay to file the same claim in a court of competent jurisdiction. OFNDS will pay the additional consumer-arbitration fees, subject to any contrary allocation permitted by applicable law after a finding that a claim or demand was frivolous or brought for an improper purpose. Each party pays its own attorneys' fees unless a statute or the arbitrator permits fee shifting.

Claims must be brought only in an individual capacity. Neither party may participate in a class, collective, consolidated, coordinated, mass, or representative action or arbitration. The arbitrator may award relief only to the individual party seeking it and only to the extent necessary to resolve that party's individual claim. If a court finally determines that a particular request for public injunctive relief cannot be arbitrated, that request will be stayed and decided by the court after the arbitrable claims are resolved.

You may reject this arbitration agreement by emailing legal@onlyfnds.com within 30 days after first accepting these Terms. The subject line must be "Arbitration Opt-Out," and the message must include your full name, the email address used for the service, and a clear statement that you reject arbitration. Opting out will not affect your access to the Platform or services.

2.19 Governing law and courts

The Federal Arbitration Act governs Section 2.18. Except where federal law controls or applicable consumer law cannot be waived, these Terms and any non-arbitrable dispute are governed by the laws of the State of Florida, without regard to conflict-of-law rules. The state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any non-arbitrable proceeding, and each party consents to personal jurisdiction and venue there. Nothing in this section deprives a consumer of non-waivable protections of the state where the consumer resides.

2.20 Changes

OFNDS may update these Terms prospectively. Material changes will be posted with a new effective date and, when required, notice will be provided or renewed consent obtained. Changes do not retroactively alter a dispute that arose before the updated Terms became effective.

2.21 General provisions

These Terms and incorporated service-specific agreements are the entire agreement concerning their subject matter. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue, except as stated in the arbitration section concerning the class-action waiver. OFNDS's failure to enforce a provision is not a waiver. You may not assign these Terms without OFNDS's written consent. OFNDS may assign them in connection with a merger, financing, reorganization, sale of assets, or by operation of law, subject to applicable privacy obligations.

2.22 Contact

OFNDS Corp., 2040 Millburn Avenue, Suite 102-728, Maplewood, NJ 07040. Legal: legal@onlyfnds.com. Support: info@onlyfnds.com.