Legal
These Terms of Service ("Terms") govern your access to and use of FinCap Assist ("Service"), a subscription-based AI-powered platform operated by My True Prosperity, LLC ("Company," "we," "us," or "our"), a Florida limited liability company located at 5153 Hercules Court, Sanford, Florida 32773.
By registering for an account, accessing, or using the Service in any manner, you ("User," "Subscriber," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.
If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and all references to "you" shall include such organization.
FinCap Assist is an artificial intelligence-powered practitioner intelligence platform designed to assist financial capability practitioners, program managers, nonprofit and agency leaders, and bank Community Reinvestment Act (CRA) officers. The Service provides, among other features:
The Service is intended for professional practitioner use only. It is not a consumer financial product, a licensed financial advisory service, a legal service, or a substitute for professional judgment.
You must be at least 18 years of age and capable of entering into a legally binding contract to use the Service. The Service is intended for professional use by individuals and organizations operating in the financial capability, workforce development, nonprofit, or banking sectors. The Company reserves the right to decline service to any applicant at its sole discretion.
To access the Service, you must register for an account and provide accurate, complete, and current information including your name, organization, job title, email address, and phone number. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to notify the Company immediately at [email protected] of any unauthorized use of your account. The Company is not liable for any loss or damage arising from your failure to protect your account credentials.
Each account is issued to a single individual or, in the case of Agency or CRA/Bank plans, to a defined number of authorized seats. Sharing login credentials between multiple individuals not covered by your plan is a material breach of these Terms.
The Service is offered under the following subscription tiers, subject to change with notice as described in Section 16:
All fees are stated in United States dollars and are exclusive of any applicable taxes, which are your responsibility.
Monthly subscriptions are billed on the same calendar date each month following the date of initial enrollment. Annual subscriptions are billed once per year on the anniversary of the enrollment date. The Company reserves the right to change subscription fees upon thirty (30) days written notice, which shall be provided via email to the address on file.
By enrolling in a subscription, you authorize the Company or its designated payment processor to charge your payment method on a recurring basis in accordance with your selected plan. You represent that you are authorized to use the payment method provided.
If a payment fails, the Company may attempt to reprocess the charge and may suspend or terminate your access to the Service until payment is received. You remain responsible for any outstanding amounts.
Each subscription plan includes a monthly soft cap on the number of queries submitted to the Service:
A "query" is defined as each individual message or request submitted by a user to the Service. These limits are soft caps and are not automatically enforced as hard cutoffs. The Company will notify users approaching their limit and provide the option to upgrade prior to any interruption of service.
The Service is licensed for individual, professional practitioner use only. You may use the Service to support your own professional practice and, where applicable under a multi-seat plan, the professional practice of authorized users within your organization.
You may not use the Service for automated, scripted, bulk, or programmatic querying. You may not use the Service to generate outputs on behalf of third parties outside your organization for commercial gain. Any use pattern that, in the Company's reasonable judgment, exceeds the scope of individual professional use or places disproportionate load on the Service infrastructure constitutes a violation of this fair-use policy and may result in suspension or termination of your account.
You may cancel your subscription at any time by contacting the Company at [email protected]. Cancellation of a monthly subscription will take effect at the end of the current billing period, and you will retain access to the Service through that date. Cancellation of an annual subscription will prevent automatic renewal at the end of the current annual term.
All subscription fees are non-refundable. The Company does not provide refunds or credits for partial months of service, unused queries, downgraded plans, or annual subscriptions cancelled prior to the end of the annual term. Notwithstanding the foregoing, the Company may, at its sole discretion, issue a credit or refund in exceptional circumstances.
The Company reserves the right to suspend or terminate your account and access to the Service at any time for cause, including but not limited to violation of these Terms, non-payment, fraudulent activity, or conduct that the Company determines, in its sole discretion, to be harmful to the Service or other users. In the event of termination for cause, no refund will be issued.
THE SERVICE IS POWERED IN PART BY ARTIFICIAL INTELLIGENCE TECHNOLOGY. AI-GENERATED OUTPUTS, INCLUDING RESOURCE RECOMMENDATIONS, CONTENT DRAFTS, FUNDING GUIDANCE, AND PRACTITIONER COACHING RESPONSES, ARE PROVIDED FOR INFORMATIONAL AND PROFESSIONAL SUPPORT PURPOSES ONLY.
The Company does not warrant that any output generated by the Service is accurate, complete, current, or suitable for any particular purpose. AI systems can and do produce errors, including with respect to rapidly changing regulatory requirements, funding deadlines, policy details, and compliance matters.
You are solely responsible for independently verifying any information provided by the Service before relying on it for professional, legal, financial, regulatory, or compliance purposes. The Service does not constitute legal advice, financial advice, tax advice, or compliance guidance, and no attorney-client, financial advisory, or similar professional relationship is created by your use of the Service.
The Company expressly disclaims all liability arising from reliance on AI-generated outputs without independent verification.
You agree not to use the Service to:
Violation of any prohibition in this Section may result in immediate termination of your account without refund.
The Service, including its design, software, content, resource library, trademarks, and proprietary AI configuration, is owned by or licensed to the Company and is protected by applicable intellectual property laws. Nothing in these Terms grants you any ownership interest in the Service or its underlying components.
You retain ownership of any content you submit to the Service. By submitting content, you grant the Company a limited, non-exclusive license to process that content solely for the purpose of providing the Service to you. The Company will not use your submitted content to train third-party AI models or share it with other subscribers.
Outputs generated by the Service in response to your queries may be used by you for your professional purposes, subject to the restrictions in Section 9.
Your use of the Service is governed by the Company's Privacy Policy, available at FinCapAssist.com/privacy. The Privacy Policy describes how the Company collects, uses, stores, and protects your personal information. By using the Service, you consent to the data practices described in the Privacy Policy.
You agree not to submit personally identifiable information of clients or other individuals into the Service. The Company is not a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA) and is not equipped to handle protected health information.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.
You agree to indemnify, defend, and hold harmless the Company and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit to the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Seminole County, Florida, and you hereby consent to the personal jurisdiction of such courts.
Before initiating any formal legal proceeding, you agree to first contact the Company in writing at [email protected] and provide a reasonable opportunity, not less than thirty (30) days, to resolve the dispute informally.
The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to the address on file at least thirty (30) days prior to taking effect. Your continued use of the Service following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription prior to the effective date of the changes.
If you have questions about these Terms, please contact:
My True Prosperity, LLC
5153 Hercules Court
Sanford, Florida 32773
[email protected]
(321) 209-4377