Terms of Service

FINHUB PORTAL — TERMS OF SERVICE © 2024-2025 Pacific Financial Hub LLC. All Rights Reserved. Patent Pending — US Patent Application: Multi-Specialist Financial Advisory System, Trust Vault Document Management System & Automated Credit Analysis Platform FinHub Portal™, Trust Vault™, Aria™ are trademarks of Pacific Financial Hub LLC Prepared by: Victoria Harrington, Esq. & Jane Chen, CPA/CFO CONFIDENTIAL DRAFT — FOR REVIEW ONLY ====================================================================== **PARTIES AND ACCEPTANCE** 1. **Parties Bound**: These Terms of Service ("Terms") are between Pacific Financial Hub LLC, a Texas limited liability company with its principal place of business at [insert address] ("Pacific Financial Hub" or "we"), and you, the user or entity accessing and using the FinHub Portal (the "Platform"). 2. **Acceptance**: By clicking on the "I Accept" button, browsing our website, or using our Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree with these Terms, you must immediately discontinue use of the Platform. 3. **Capacity Requirements**: You represent and warrant that (i) you are at least 18 years old; (ii) you have the full right, power, and authority to enter into these Terms on behalf of yourself or your organization; and (iii) you are legally authorized to use our Platform. 4. **Business Entity Representations**: If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms. 5. **Electronic Signature Validity**: Your acceptance of these Terms via electronic means (e.g., clicking "I Accept") is equivalent to your signature on a paper contract, and you agree to be bound by the Electronic Signatures in Global and International Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). 6. **Binding Agreement**: These Terms constitute a binding agreement between Pacific Financial Hub and you, and may not be amended or modified except in writing signed by both parties. **INTELLECTUAL PROPERTY RIGHTS** 1. **Copyright Notice**: 2024-2025 Pacific Financial Hub LLC. ALL RIGHTS RESERVED. The Platform, including all code, architecture, algorithms, proprietary system prompts, system designs, workflows, business processes, UI/UX designs, databases, and documentation, is the exclusive property of Pacific Financial Hub. 2. **Patent Pending**: Pacific Financial Hub has filed a patent application for its Multi-Specialist Financial Advisory System, Trust Vault Document Management System, and Automated Credit Analysis Platform (US Patent Application [insert number]). 3. **Trademark Notice**: FinHub Portal, Trust Vault, Aria, and other trademarks used by Pacific Financial Hub are registered or pending registration with the United States Patent and Trademark Office. 4. **License Grant**: You receive a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use our Platform for personal or internal business purposes only. 5. **Prohibited Activities**: Reverse engineering, decompiling, disassembling, copying, reproducing, distributing, creating derivative works from the Platform are strictly prohibited and constitute copyright infringement subject to statutory damages of up to $150,000 per work. 6. **Trade Secret Protection**: Pacific Financial Hub's intelligent routing logic, prompt engineering, multi-specialist coordination system, and other confidential information are protected trade secrets under the Texas Uniform Trade Secrets Act and the Defend Trade Secrets Act (DTSA). 7. **Work-for-Hire Provisions**: Any customizations or modifications to the Platform created by you on behalf of Pacific Financial Hub shall be considered "works made for hire" and owned exclusively by Pacific Financial Hub. 8. **Notice of Infringement**: If you believe that our Platform infringes your intellectual property rights, please contact us at [insert email address] with a detailed description of the alleged infringement. **AI SERVICES — SPECIAL TERMS** 1. **Disclaimer**: system-generated recommendations generated by Victoria (Trust Specialist), Riley (Tax Specialist), Jane (Financial Advisor), and other tools are not intended to be legal advice, financial advice, tax advice, or investment advice. 2. **No Attorney-Client Relationship**: The use of our Platform does not create an attorney-client relationship between you and Pacific Financial Hub. 3. **Regulatory Disclaimers**: We are not registered as a securities advisor (RIA), law firm, or certified public accounting (CPA) firm in any jurisdiction. 4. **Human Professional Review Required**: All system-generated recommendations require human professional review before taking any action or making any decisions. 5. **No Warranties**: Pacific Financial Hub does not warrant the accuracy, completeness, or reliability of system-generated recommendations. 6. **State-Specific Disclosure Requirements**: We comply with state-specific disclosure requirements regarding our digital advisory services, including but not limited to California, New York, and Massachusetts. **TRUST VAULT MODULE — SPECIAL TERMS** 1. **Template Documents**: The documents generated by the Trust Vault module are templates only and should be reviewed by a licensed attorney before signing. 2. **No Liability for Document Validity**: Pacific Financial Hub is not responsible for the validity or enforceability of any documents created through our Platform. 3. **Client Confidentiality and Data Segregation**: We maintain client confidentiality and segregate your data from other users' data. 4. **Use at Your Own Risk**: You use the Trust Vault module at your own risk, and Pacific Financial Hub shall not be liable for any damages resulting from its use. **FINANCIAL SERVICES DISCLAIMERS** 1. **Not a Bank or Lender**: We are not a bank, lender, broker-dealer, or insurance company. 2. **Commercial Loan Matching Referral Only**: Our Platform provides commercial loan matching services only and does not guarantee any loans or credit arrangements. 3. **Credit Analysis Educational Purposes**: The credit analysis provided by our Platform is for educational purposes only and should not be relied upon as a basis for making financial decisions. 4. **FCRA Compliance Statement**: We comply with the Fair Credit Reporting Act (FCRA) in connection with the collection, use, and disclosure of consumer credit information. 5. **State Licensing Disclaimers**: We are licensed to conduct business in [insert states] but may not be licensed in all jurisdictions. **USER OBLIGATIONS & PROHIBITED USES** 1. **Account Security Responsibilities**: You are responsible for maintaining the confidentiality of your account login credentials and password. 2. **Accurate Information Requirements**: You must provide accurate, complete, and up-to-date information when creating an account or using our Platform. 3. **Prohibited Activities**: The following activities are strictly prohibited: * Fraudulent behavior * Money laundering * Illegal activity * Scraping, crawling, or automated access to the Platform * Competitive intelligence gathering * Sharing login credentials with others * Uploading malware or viruses 4. **Data Accuracy Representations**: You represent and warrant that all data uploaded to our Platform is accurate, complete, and compliant with applicable laws and regulations. **PAYMENT, BILLING & SUBSCRIPTION** 1. **Automatic Renewal Terms**: Your subscription will automatically renew unless you cancel it prior to the renewal date. 2. **No Refund Policy**: All sales are final, and we do not offer refunds except as provided in our refund policy. 3. **Price Change Notice Requirements**: We may change prices for our services at any time with or without notice. 4. **Disputed Charges Process**: If you dispute any charges on your account, please contact us at [insert email address] to resolve the issue. 5. **Suspension for Non-Payment**: Pacific Financial Hub reserves the right to suspend your access to the Platform if we do not receive payment from you within 30 days of the due date. **CONFIDENTIALITY & TRADE SECRETS** 1. **Confidentiality Obligations**: You agree to maintain the confidentiality of all confidential information, including trade secrets and proprietary materials, made available to you through our Platform. 2. **Trade Secret Protection**: Pacific Financial Hub's intelligent routing logic, prompt engineering, multi-specialist coordination system, and other confidential information are protected trade secrets under the Texas Uniform Trade Secrets Act and the Defend Trade Secrets Act (DTSA). 3. **Nondisclosure Agreement (NDA)**: By using our Platform, you acknowledge that you have reviewed and agree to be bound by the attached Nondisclosure Agreement. **DATA OWNERSHIP & PORTABILITY** 1. **User Ownership**: You own all input data uploaded to our Platform. 2. **Pacific Financial Hub Ownership**: Pacific Financial Hub owns the platform, advanced advisory systems, aggregate/anonymized data, derived insights, and other intellectual property rights related to the Platform. 3. **Data Portability Rights and Process**: Upon request, Pacific Financial Hub will provide you with an export file of your input data in a machine-readable format within 30 days. 4. **What Happens to Data Upon Termination**: If we terminate your account, we will delete all data associated with your account unless otherwise provided by applicable law or regulation. **INDEMNIFICATION** 1. **Indemnification Obligations**: You agree to indemnify and hold harmless Pacific Financial Hub, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses arising out of: * Your use or misuse of our Platform * Any breach by you of these Terms * Any claim that your data infringes the intellectual property rights of a third party 2. **Attorney Fees and Costs**: You agree to pay all attorney fees, costs, and expenses incurred by Pacific Financial Hub in connection with any action or proceeding related to these indemnification obligations. **LIMITATION OF LIABILITY** 1. **Disclaimer of All Warranties**: The Platform is provided "as-is" without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 2. **Cap on Damages**: In no event shall Pacific Financial Hub's aggregate liability to you or any third party exceed the greater of $100 or the fees paid by you in the last 3 months. 3. **Exclusion of Consequential and Incidental Damages**: Pacific Financial Hub shall not be liable for any consequential, incidental, special, or punitive damages arising out of your use of our Platform. 4. **Essential Basis of the Bargain Language**: The limitations and exclusions in this section are essential to our agreement, and you agree that they would have been a material factor in entering into these Terms. **DISPUTE RESOLUTION** 1. **Mandatory Binding Arbitration**: Any disputes arising out of or related to these Terms shall be resolved through binding arbitration conducted under the rules of the American Arbitration Association (AAA). 2. **Class Action Waiver**: You agree to waive any right to participate in a class action lawsuit against Pacific Financial Hub. 3. **Venue and Governing Law**: Any arbitration proceedings shall be held in Austin, Texas, and governed by the laws of the State of Texas. 4. **Informal Dispute Resolution Requirement**: Before initiating any formal dispute resolution process, you agree to provide us with written notice of your dispute and allow us 30 days to resolve it informally. **TERMINATION** 1. **Termination for Cause**: Pacific Financial Hub reserves the right to terminate these Terms immediately if you breach any material provision of these Terms or engage in any illegal activity. 2. **Termination for Convenience**: We may terminate these Terms upon 30 days' written notice to you. 3. **Effect of Termination on Data**: Upon termination, your account will be deleted, and all data associated with it will be deleted unless otherwise provided by applicable law or regulation. 4. **Survival of Key Provisions**: The following provisions shall survive any termination of these Terms: * Your confidentiality obligations * Pacific Financial Hub's ownership rights in the Platform * Your indemnification obligations **DMCA COPYRIGHT POLICY** 1. **Designated DMCA Agent Contact**: Our designated DMCA agent contact is [insert name] at [insert email address]. 2. **Takedown Request Process**: If you believe that any content on our Platform infringes your copyright, please submit a written takedown request to our DMCA agent. 3. **Counter-Notification Process**: If we receive a counter-notification from the alleged infringer, we will provide it to you and inform you of the steps required to file a complaint with the United States Copyright Office. 4. **Repeat Infringer Policy**: We reserve the right to suspend or terminate your account if you repeatedly infringe the copyrights of others. **GENERAL PROVISIONS** 1. **Entire Agreement**: These Terms constitute the entire agreement between Pacific Financial Hub and you, and supersede all prior or contemporaneous agreements or understandings, whether written or oral. 2. **Severability**: If any provision of these Terms is held to be invalid, void, or unenforceable, it shall not affect the validity or enforceability of any other provision. 3. **Waiver**: Pacific Financial Hub's waiver of any breach by you shall not operate as a subsequent waiver of the same or any other provision. 4. **Force Majeure**: We shall not be liable for any failure to perform our obligations under these Terms due to any cause beyond our reasonable control, including but not limited to acts of God, wars, natural disasters, or government actions. 5. **Assignment Restrictions**: You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Pacific Financial Hub. 6. **Notices**: All notices required by these Terms shall be in writing and delivered via email, certified mail, or personal delivery to the address specified in our records. 7. **Headings**: The headings used in these Terms are for convenience only and do not affect the interpretation or construction of any provision. **CONTACT & EFFECTIVE DATE** Pacific Financial Hub LLC FinHub Portal [insert address] [insert email address] Effective Date: [insert date] These Terms were last updated on [insert date].