Until this Agreement takes effect for you, the Software as a Service Agreement (version 1.0) you accepted applies.
Restated as a single instrument for subscriber acceptance · Financial Scoring LLC
This Subscriber Agreement (this “Agreement”) is between Financial Scoring LLC, a Wyoming limited liability company (“Provider”), and the party accepting it (“Customer”). Customer accepts by checking the acceptance box presented on the acceptance screen described in Section 3.5, or by signing an order form referencing this Agreement. Acceptance is given only by one of those affirmative acts; use of the Services is not acceptance, and no acceptance is taken at account creation.
This Agreement restates, in a single instrument, the Software as a Service Agreement that took effect on August 28, 2026 and was last updated on September 29, 2026, together with Amendment No. 1 and Amendment No. 2 to it. It takes effect on December 1, 2026 and applies from that date forward.
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 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 Named Users and Customer Responsibility. Each Account is for one Authorized User only. Customer must provide accurate identity and contact information for each Authorized User and keep it current. Customer is responsible for its Authorized Users' compliance with this Agreement and for activity occurring through their Accounts, except to the extent caused by Provider's breach of this Agreement or by a failure of security within Provider's control. Customer must promptly notify Provider of any suspected unauthorized access to or use of an Account.
Defined terms
“Account” means the unique user profile, credentials, permissions and related technical environment through which an Authorized User accesses the Services.
“Agency Administrator” means an individual designated by an Agency to administer that Agency's tenant, users, roles or billing.
“Authorized User” means one identified natural person to whom Customer or an Agency has validly assigned a Seat and for whom an individual Account has been created. An Authorized User is never a shared identity, a generic or role login, a department, an office, a device, or a group of persons.
“Billing Authorization” means Customer's affirmative consent, given separately from acceptance of this Agreement, to Provider initiating recurring charges to a Payment Method on the terms disclosed in the Offer Terms.
“Client Data” means Customer Data relating to a client or prospective client of Customer or of an Authorized User, including client records, questionnaire responses, financial information, scores, reports, notes and related materials.
“Lead Engine” means a Provider-hosted self-scoring page or link made available to a specific Authorized User under Customer's plan, through which a consumer may complete the Simple Score Tool and by which the resulting record is routed to that Authorized User's Account.
“Offer Terms” means, in respect of a plan, the matters listed in Section 3.5.
“Payment Method” means the payment credentials Customer provides to Provider or to Provider's payment processor.
“Seat” means the subscription right assigned to one Authorized User to access and use the Services during the applicable subscription term. A Seat is not a concurrent-use, floating, pooled or transferable right, except for a reassignment permitted under Section 2.6. A Seat is a Seat whether the fee for it is at list price, at a discounted or legacy rate, or at no charge.
“Trial” means a period during which access to the Services is provided at no charge or at a reduced introductory charge, whether or not a Payment Method is required to begin it.
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 (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.
2.4 Named-User Subscription Right. Subject to Customer's payment of all fees applicable to its plan and to Customer's compliance with this Agreement, Provider grants Customer, for each Seat, a limited, non-exclusive, non-transferable and non-sublicensable right for the Authorized User assigned to that Seat to access and use the Services during the applicable subscription term, solely for Customer's internal professional business purposes and in accordance with this Agreement and any applicable Order.
2.5 One Seat Per Individual. Every individual who logs in to or operates the Services, or who accesses, views, creates, enters, modifies, downloads, exports, transmits or otherwise handles Client Data through the Services, must be an Authorized User with a Seat assigned to that individual. Read-only access and administrative access to Client Data each count as access for this purpose. An assistant, employee, contractor, manager, affiliated or junior producer, Agency Administrator or other office personnel is not authorized to use another person's Account, or to view Client Data through another person's Account, unless that individual has a Seat assigned to them and an authorized role.
2.6 Seat Assignment and Reassignment. A Seat must be assigned to a specifically identified Authorized User before access is provided. Seats may not be shared, rotated, or reassigned so as to facilitate use by more than one individual. An Agency may reassign a Seat in good faith where an Authorized User leaves the Agency or permanently changes role, using Provider's designated process and subject to reasonable identity-verification and security controls. Temporary substitution, shift-based use, and repeated reassignment intended to avoid acquiring additional Seats are prohibited.
2.7 Agency Accounts and Administrators. An Agency may provision no more Authorized Users than the number of Seats acquired under the applicable Order. Each individual who can enter the Services or access Client Data must have a Seat assigned to them, including an Agency Administrator. Provider may offer a billing-only or provisioning-only administrative role that does not permit access to Client Data, and such a role requires a Seat only where the applicable Order so states. The Agency is responsible for assigning appropriate roles, for promptly removing access that is no longer required, and for confirming that it has authority to provide each Authorized User with access to the applicable Client Data.
2.8 Lead Engine. Where Customer's plan includes a Lead Engine, Provider will make it available to a single identified Authorized User, and records generated through it will be routed to that Authorized User's Account. A Lead Engine is part of the Seat to which it is assigned; it may not be shared, re-hosted, duplicated, embedded for the benefit of a person who does not hold a Seat, or used to route records to an Account other than the Account to which it is assigned.
2.9 Use of the Lead Engine. Customer will use a Lead Engine only in compliance with applicable law, including telemarketing, do-not-call, electronic-mail and text-messaging requirements and applicable privacy law, and only with the consents required for the distribution channel Customer selects. Customer will not alter, obscure, remove or contradict the consumer-facing consent, privacy or disclaimer text Provider presents through the Lead Engine, and will not present a Lead Engine as the product or service of any person other than Provider and Customer.
2.10 Service Governance. Provider may apply reasonable governance to the Services, including rate limits, volume limits, throttling, pricing that varies with demand, eligibility conditions, and limits on the number of records that may be acquired in a given period or routed through a Lead Engine. Provider will apply such governance in a manner that is not unfairly discriminatory between similarly situated customers and will give Customer reasonable notice of a change that materially reduces a limit applicable to Customer's plan, except where immediate action is required to protect the security, integrity or lawful operation of the Services.
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 canceled before the period ends. Provider will give notice of a price increase not less than thirty days before it takes effect at a renewal, by email to Customer's account email, stating the current amount, the new amount, the date the new amount first applies, and how to cancel before it does.
3.3 Cancellation. Customer may cancel at any time. Provider will make available a cancellation mechanism that is at least as simple as the mechanism by which Customer subscribed, that is accessible by the same medium Customer used to subscribe, and that does not require Customer to speak to any person or to navigate a retention process in order to complete the cancellation. Where Customer subscribed online, Customer may cancel online. Provider will confirm a cancellation by email without undue delay. Unless the Offer Terms or applicable law provide otherwise, cancellation takes effect at the end of the billing period then in progress, access continues until then, and fees already charged for that period are not refunded.
3.4 Taxes are Customer's responsibility, other than taxes on Provider's income.
3.5 Offer Terms. Before Provider obtains a Payment Method and before Provider initiates any charge, Provider will present, clearly and conspicuously and in a form Customer can retain, all of the following in respect of the plan selected:
3.6 Billing Authorization. Provider will obtain a Billing Authorization before obtaining a Payment Method or initiating a charge. The Billing Authorization will be sought separately from acceptance of this Agreement, will not be pre-selected, and will not be bundled with any other consent. Provider will retain a record of the Billing Authorization in accordance with Section 3.9.
3.7 Acknowledgement. Immediately after a Billing Authorization is given, Provider will send to Customer's account email an acknowledgement, capable of being retained and reproduced, stating the Offer Terms, the date of the Billing Authorization, the version of this Agreement accepted, and the means of cancellation.
3.8 Trials. Where Provider offers a Trial, Provider will disclose, in the manner required by Section 3.5 and before obtaining a Payment Method: the length of the Trial; the date on which it ends; that the subscription will convert to a paid subscription at the end of the Trial unless canceled; the amount of the first charge after conversion and the date of that charge; and how to cancel before being charged. Where a Payment Method is required to begin a Trial, Provider will state that fact and the reason for it before the Payment Method is obtained. Provider will send a reminder to Customer's account email not fewer than three days before the end of the Trial, stating the date of the first charge, its amount, and how to cancel. The Trial Terms apply to a Trial and are incorporated into this Agreement.
3.9 Records. Provider will retain, for not less than seven years from the later of acceptance, the last charge, cancellation and termination, and for longer where a legal hold applies, a record sufficient to establish in respect of each Customer: the version of this Agreement accepted and the acceptance language presented; the Offer Terms presented; the Billing Authorization; the Electronic Records Consent; the date and time of each; the identity of the accepting individual; and the date, means and confirmation of any cancellation. Provider will make a copy of that record available to Customer on request.
3.10 State terms. Where Provider has published a State-Specific Subscription Terms schedule, that schedule applies to a Customer whose billing address is in a jurisdiction named in it, and prevails over this Section 3 to the extent of any inconsistency. Until such a schedule is published, this Section 3 applies without modification.
3.11 Failed payment. Where a recurring charge fails, Provider will notify Customer at the account email and may attempt the charge again in accordance with the ordinary practices of its payment processor. Access continues for not less than three days after that notice. Provider may then suspend access to the Services, including any Lead Engine, under Section 11.3 until the outstanding charge is paid. Customer may restore access at any time by paying the outstanding charge. Where the charge remains unpaid after the processor's last attempt, the subscription ends and Provider will confirm that by email; Customer may subscribe again, and a new subscription is charged from the date it begins and not retrospectively.
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, through a Lead Engine, or through any other collection surface Provider makes available to Customer.
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.
4.6 Access Controls. Customer will limit each Authorized User's access to Client Data to the minimum reasonably necessary for that person's authorized duties, and will not permit any person to use another Authorized User's Account to access Client Data. Sections 1.3 and 2.4 to 2.10 do not prohibit:
Customer will not: (a) use consumer records received through the lead-connection tool except as Section 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 Section 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, (c) Customer's violation of Section 4.4 or Section 5, and (d) Customer's violation of Section 15 where that violation is fraudulent or unlawful or results in unauthorized access to or disclosure of personal information, and pay resulting damages finally awarded. An ordinary breach of Section 15 that is none of those things is not within this Section 9.2 and is addressed by the verification and true-up in Section 11.5, the suspension right in Section 11.3 and the termination right in Section 11.6.
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 Section 9, Customer's breach of Section 5 (Acceptable Use), Customer's breach of Section 15 where that breach is fraudulent, is unlawful, involves the unlawful disclosure of personal information, or creates a material security or privacy risk, 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 Section 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. Provider may also suspend an affected Account where Provider reasonably believes that credential sharing or unauthorized access creates a security, privacy, legal or operational risk. Where practicable, Provider will give notice and a reasonable opportunity to correct the matter before suspending, and may act immediately where delay could expose Client Data, the Services, Provider or any other person to material risk.
11.4 Sections 4.5, 6 to 10, 11.5, 11.6, 12 to 15 and 16.4 survive termination.
11.5 Seat Verification and Fee True-Up. Provider may use reasonable technical and administrative measures to verify compliance with Sections 1.3 and 2.4 to 2.10, using such Account, identity, seat-assignment, authentication, session and access records as Provider maintains in the ordinary course. Provider will not examine the substantive content of Client Data for the purpose of verifying Seat compliance, except to the limited extent reasonably necessary to investigate a specific suspected breach and as otherwise permitted by this Agreement and applicable law. Where Provider reasonably documents access by one or more individuals who did not hold a Seat, Customer will acquire the Seats required for continued access and pay the fees applicable to those Seats for the documented period of unauthorized use, up to a maximum of twelve months before the date of Provider's notice. Provider will give Customer a reasonable written summary of the basis for any true-up, and the parties will work in good faith to resolve any dispute about it.
11.6 Repeated or Uncured Breach. A breach of Section 15 is a material breach of this Agreement. Provider may terminate the affected Account or subscription if the breach is not cured within the notice period in Section 11.2, or immediately where the conduct is repeated, intentional, fraudulent or unlawful, or creates a material security or privacy risk. Termination does not relieve Customer of payment obligations accrued before 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 Section 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, except where this Agreement expressly requires affirmative acceptance.
Material Updates and Reacceptance. Provider may require Customer and its Authorized Users to accept a materially updated version of this Agreement before further access to the Services. Where Provider does so, continued use of the Services does not constitute acceptance of that update, and acceptance is given only by the affirmative act Provider specifies. Provider will retain a reproducible copy of the accepted version together with a record reasonably identifying the accepting individual, Customer or Agency, the date and time, the version accepted, the acceptance language presented, and the acceptance event. A material update applies prospectively from its stated effective date and will not be given retrospective effect. Nothing in this paragraph shortens a notice period required by this Agreement or by applicable law.
Incorporated terms. The following form part of this Agreement and are incorporated into it: the Trial Terms; the Electronic Records Consent; and, where published: the AI Assistant and Automated Tools Terms; the Session Recording and Analytics Schedule; the LEAD Cash Program Terms; the Referral Program Terms; and the State-Specific Subscription Terms Schedule. Where any of them is inconsistent with this Agreement, this Agreement prevails, except where the incorporated instrument expressly provides otherwise and except as Section 3.10 provides for the State-Specific Subscription Terms Schedule. Provider will make each of them available to Customer and will not alter a version that has been presented to Customer.
Customer will not, and will not permit any person to:
Ordinary collaboration on materials lawfully exported from the Services does not of itself require a Seat, and Customer remains responsible for its privacy, confidentiality, security and professional obligations in respect of those materials. Customer will not use exports to recreate the Services or to give a person who does not hold a Seat access to them.
16.1 This Agreement takes effect on December 1, 2026 and applies from that date forward. It is not given retrospective effect.
16.2 Provider will give notice of this Agreement to each existing Customer not less than thirty days before the effective date, in accordance with Section 14, and will ask for affirmative acceptance of it. Acceptance may be given at any time after notice is delivered, including during the notice period; an acceptance given before the effective date takes effect on the effective date and not before.
16.3 On and from the effective date this Agreement supersedes, in respect of a Customer who has accepted it, the Software as a Service Agreement that took effect on August 28, 2026 and Amendments No. 1 and No. 2 to it. A Customer who has not yet accepted this Agreement continues to be governed by the version that Customer last accepted until acceptance is given.
16.4 A Customer who has not accepted this Agreement by the effective date continues under the version last accepted, as Section 16.3 provides. Provider may make features introduced on or after the effective date available only to a Customer who has accepted this Agreement, and may, on not less than thirty days' further notice, require acceptance as a condition of continued access.
16.5 For a Customer who first subscribes on or after the date notice of this Agreement is given, this Agreement takes effect on acceptance.
See also our Terms of Use and Privacy Notice.