This Software as a Service Agreement (the "Agreement") is between Financial Scoring LLC, a Nevada limited liability company ("Provider"), and the party accepting it ("Customer"). Customer accepts by checking the acceptance box at registration, by signing an order form referencing this Agreement, or by using the Services.
1.1 Individual Scoring Analysts. An individual financial professional ("Scoring Analyst") who registers an account and subscribes individually.
1.2 Agencies. An organization ("Agency") that registers an agency tenant, may subscribe on behalf of its associated Scoring Analysts, and administers agency-level features (branding, client organization, and certification/training access). An Agency is responsible for the acts and omissions of its users as if they were its own. Where an Analyst pays independently, the Analyst is the Customer for billing purposes and the Agency remains the Customer for the agency-level features it administers.
1.3 Each user account is for one named individual; credentials may not be shared.
2.1 Provider will provide access to its Financial Scoring Analysis platform and related tools, including client questionnaires, the Certified Financial Score, report generation, client organization tools, and Scoring Analyst training and certification (together, the "Services").
2.2 Provider may improve or modify the Services and will not materially reduce their core functionality during a paid subscription period without notice.
2.3 Lead connection. Where enabled for Customer's plan, Provider's lead-connection tool may make available to Customer the contact details, Simple Score Tool answers, and score of consumers who completed the Simple Score Tool and asked to be connected with a Scoring Analyst, as described in the Privacy Notice. Customer will contact those consumers only as the Privacy Notice and applicable law (including telemarketing, do-not-call, and CAN-SPAM rules) permit, and will not resell, aggregate, or redistribute those records outside its own practice or agency.
3.1 Fees are as stated at checkout for the plan selected. Subscriptions are billed in advance through our payment processor on the periodic anniversary of the subscription start date (monthly or annually, per the plan).
3.2 Automatic renewal. Each subscription renews automatically at the end of its period at the then-current rate for that plan unless cancelled before the period ends. Provider will give at least 30 days' notice before any price increase takes effect at a renewal.
3.3 Cancellation. Customer may cancel at any time using the in-app cancellation control; cancellation takes effect at the end of the current billing period, and access continues until then. No refunds are provided for the remainder of a period already billed, except where required by law.
3.4 Where Provider offers a free trial, the signup flow will state the trial length, what happens to billing when it ends, and how to cancel before being charged. Taxes are Customer's responsibility, other than taxes on Provider's income.
4.1 Ownership. As between the parties, Customer owns the data it and its users submit to the Services, including client records and questionnaire responses ("Customer Data"). Provider owns the Services, and all scores, ratings, and analytics methods (not Customer's underlying data).
4.2 License to operate. Customer grants Provider the rights needed to host, process, transmit, and display Customer Data to provide the Services, to generate reports and AI-assisted summaries at Customer's direction, and to produce de-identified, aggregated statistics that do not identify Customer or any individual.
4.3 Safeguards. Provider maintains administrative, technical, and organizational safeguards designed to protect Customer Data appropriate to its sensitivity, including encryption in transit, role-based access controls, and tenant-level data isolation between agencies. Provider uses service providers under contract to help operate the Services — including cloud file storage, questionnaire form delivery, AI-assisted summarization, email delivery, and payment processing — who may process Customer Data only to provide those services. If Provider becomes aware of a breach of security affecting unencrypted Customer Data, it will notify Customer without undue delay.
4.4 Customer obligations. Customer will comply with all laws applicable to its collection and use of personal information through the Services — including telemarketing laws, CAN-SPAM, do-not-call rules, privacy laws, and, where applicable, insurance and financial-services regulations — and warrants that it has the rights and consents needed for the data it submits. Customer will not alter, obscure, or contradict the consumer-facing consent and privacy disclosures Provider presents on the public Simple Score Tool.
4.5 Export and deletion on termination. For 30 days after termination or expiration, Customer may export its Customer Data using the Services' export features or by written request. After that period, Provider may delete or de-identify Customer Data in the ordinary course of its data retention practices, except where longer retention is required by law or for legitimate business purposes such as backups, dispute resolution, or fraud prevention.
Customer will not: (a) use consumer records received through the lead-connection tool except as §2.3 allows; (b) use any score or output as a "consumer report" or as a factor in determining any person's eligibility for credit, insurance, employment, housing, or any other purpose regulated by the Fair Credit Reporting Act; (c) resell, scrape, or bulk-export data belonging to other tenants; (d) reverse engineer the Services or probe their security except through coordinated disclosure to support@financialscoring.ai; (e) submit data of persons under 18; or (f) use the Services to send spam or make unlawful calls or texts.
6.1 Each party will protect the other's non-public information with at least reasonable care and use it only to perform under this Agreement. Provider's confidential information includes its scoring methods and algorithms; Customer's includes Customer Data.
6.2 Exclusions: information that is public without breach, independently developed, or rightfully received from another source. Compelled disclosures are permitted with notice where lawful.
6.3 Confidentiality obligations survive termination for five (5) years; for Customer Data and scoring algorithms, for as long as the information remains confidential.
7.1 Provider and its licensors retain all right, title, and interest in the Services, the scoring methodology, software, and documentation. No rights are granted except the limited subscription right in §2.
7.2 Customer may not remove proprietary notices. Feedback may be used by Provider without obligation.
8.1 Each party warrants it can lawfully enter this Agreement. Provider warrants it will provide the Services with reasonable skill and care.
8.2 Disclaimer. The Services, scores, reports, and AI-generated summaries are provided "as is" and are informational tools only. They are not financial, legal, tax, or investment advice, not a credit score, and not a consumer report. Provider disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant uninterrupted or error-free operation.
9.1 By Provider. Provider will defend Customer against third-party claims that the Services, as provided, infringe a U.S. patent, copyright, or trademark, and pay resulting damages finally awarded — excluding claims arising from Customer Data or misuse. Provider may modify or replace the Services to avoid infringement, or terminate and refund prepaid unused fees.
9.2 By Customer. Customer will defend Provider against third-party claims arising from (a) Customer Data, (b) Customer's or its users' contact with consumers — including claims under telemarketing or do-not-call laws, and (c) Customer's violation of §4.4 or §5, and pay resulting damages finally awarded.
9.3 The indemnified party must give prompt notice, control of the defense to the indemnifying party, and reasonable cooperation.
10.1 Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data, even if advised of the possibility.
10.2 Each party's total liability under this Agreement is capped at the fees paid or payable by Customer in the 12 months before the claim.
10.3 The caps do not apply to: Customer's payment obligations, either party's indemnification obligations under §9, Customer's breach of §5 (Acceptable Use), or a party's gross negligence or willful misconduct.
11.1 This Agreement runs while Customer has an active subscription or unexpired paid period.
11.2 Either party may terminate for material breach uncured 30 days after written notice; Provider may terminate immediately for §5 violations or unlawful use.
11.3 Provider may suspend access for non-payment (after notice), security risk, or legal compulsion, restoring it when the cause is resolved.
11.4 §§4.5, 6–10, 12–14 survive termination.
Neither party will use the other's name or marks without consent, except Provider may identify Customer as a customer in a factual list. The parties are independent contractors; nothing creates an agency, partnership, or franchise, and Scoring Analysts are not employees or agents of Provider.
13.1 This Agreement is governed by the laws of the State of Nevada, without regard to conflict-of-laws principles. The exclusive venue for any dispute not subject to §13.2 is the state and federal courts located in Clark County, Nevada, and each party consents to their jurisdiction.
13.2 Arbitration; class-action waiver. Any dispute arising out of or relating to this Agreement will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Clark County, Nevada (or remotely by agreement of the parties). Each party waives any right to a jury trial or to bring or participate in a class, collective, or representative action. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.
Notices to Provider go to support@financialscoring.ai; notices to Customer go to the account email. Neither party is liable for delay caused by events beyond reasonable control. Customer may not assign without consent except to a successor in a merger or asset sale; Provider may assign to an affiliate or successor. If a term is unenforceable, the rest stands. This Agreement is the entire agreement between the parties for the Services and supersedes any prior version; Provider may update it prospectively with 30 days' notice for material changes, and continued use after the notice period is acceptance.
See also our Privacy Notice, Terms of Use, and Financial Disclaimer.