Terms & Conditions

Terms and Conditions

1. Who these Terms are between

These Terms and Conditions are an agreement between you and FiStone, Inc., a Delaware corporation ("fiStone", "we", "us").

They govern your use of the fiStone mobile application, the fiStone website, and everything we provide through either — together, the Service. Every clause below applies to the whole Service unless it says otherwise. Section 17 applies only to registered users who accept these Terms, within the scope stated in that section; it does not require unregistered website visitors to arbitrate or waive class-action rights.

By checking the box presented during registration, you agree to these Terms, including the binding individual arbitration agreement and class-action waiver in Section 17. If you do not agree, do not create an account.

PLEASE READ SECTION 17. FOR COVERED DISPUTES, YOU AND FISTONE AGREE TO BINDING INDIVIDUAL ARBITRATION AND WAIVE TRIAL BY JURY AND CLASS OR REPRESENTATIVE PROCEEDINGS, SUBJECT TO THE EXCEPTIONS REQUIRED BY LAW AND STATED IN THAT SECTION. THERE IS NO CONTRACTUAL RIGHT TO OPT OUT OF ARBITRATION.

We keep a record of which version of these Terms you agreed to and when. You can ask us for a copy of the version you accepted at any time.

2. Who can use the Service

You must be 18 or over and a resident of the United States.

The Service is not directed to children, and we do not knowingly allow anyone under 18 to create an account. If you believe a minor has created one, email support@myfistone.com.

You may hold one account. You are responsible for everything done through it.

3. What fiStone does

fiStone helps you understand your financial position and create and track goals. Specifically, we:

• Connect to accounts you choose to link, through Plaid, and read information from them — the institution, account type, account identifiers and balances.

• Let you set goals — retirement, education, a home purchase, or a goal of your own — and record the figures those goals depend on.

• Calculate projections from the figures you provide and the assumptions we apply, and show you the results.

That is the whole of it.

4. What fiStone does not do

This section is as much a part of the agreement as the one above.

fiStone is not an investment adviser and does not provide investment advice. Nothing in the Service is a recommendation to buy, sell or hold any security, to use any particular account or institution, or to follow any particular financial strategy. No one at fiStone is acting as your financial adviser, and no advisory relationship is created by your use of the Service.

fiStone does not:

• hold, custody or control your money or assets

• move money, transfer funds, or execute any transaction on your behalf

• lend money or arrange credit

• act as a broker, dealer, or intermediary in any securities transaction

• provide legal, tax or accounting advice

If you need advice about your finances, speak to someone qualified to give it.

5. Projections and what they are

This is the most important section in these Terms. Please read it.

The Service produces projections — figures such as how much you may need at retirement, and how much to save each month to get there.

A projection is a calculation, not a prediction and not a promise. It is produced by applying a set of assumptions to the figures you entered. It tells you what would follow if those assumptions hold and if the figures you gave us are accurate. Neither is guaranteed.

Specifically:

• The assumptions are ours, and they are estimates. We apply assumed rates of investment return, inflation and life expectancy. Real rates will differ, possibly by a lot, and possibly for a long time. We publish the assumptions in use and may change them.

• The figures are yours. We calculate from what you enter. If a figure is wrong, out of date, or omits something, the projection will be wrong in a way we cannot detect.

• Nothing about your actual accounts is guaranteed by a projection. Markets fall. Circumstances change. Past performance does not indicate future results.

• A projection is not a plan we are executing. We do not manage anything, monitor anything on your behalf, or take action when circumstances change.

You should not treat a projection as the sole basis for a financial decision. It is a tool for thinking about your situation, and it should be one input among several.

We display a reminder of this alongside the projections themselves. That reminder and this section say the same thing, and both apply.

6. Your account

Keep your details accurate. Projections are only as good as what you put in. If your income, contributions or balances change, update them.

Keep your credentials secure. You are responsible for activity through your account. Tell us promptly at support@myfistone.com if you believe someone else has access.

Your date of birth is required. We use it to confirm you are 18 or over and to calculate your age when a projection runs. It is not optional.

7. Connecting financial accounts

You may connect accounts through Plaid, a third-party service that links financial applications to financial institutions.

You give your bank credentials to Plaid, not to us. We never see them and never store them. Plaid's own terms and privacy policy govern that relationship, and Plaid holds its own copy of information obtained through it.

Connecting an account is a permission you grant and can withdraw. You can disconnect any account at any time in the app. When you do, we stop collecting from it, revoke our access with Plaid, and delete the stored credential and account identifiers.

Disconnecting in fiStone ends our access. It does not by itself delete what Plaid holds in its own right; use Plaid's portal at my.plaid.com for that.

We are not responsible for your financial institutions or for Plaid, for the accuracy of data they provide, or for interruptions in their service. If your bank changes something and a connection breaks, we will do what we reasonably can, but we do not control it.

8. Information about other people

Some goals involve someone else — a child's education, a retirement you share with a partner. If you add a person to a goal, you give us their name, date of birth and relationship to you.

Add only the people a goal needs, and only the information it asks for. You represent that you have the authority and any permission required by applicable law to provide their information and authorize its use as described in our Privacy Policy. For a child, you must be the child's parent or legal guardian, or otherwise have legally sufficient authority. Adding someone to a goal does not create a fiStone account for them or give them access to your account.

We generally accept instructions about your account from you or someone whose authority to act for you we have verified. A person whose information you provided, or their authorized representative, may contact support@myfistone.com about that information. We will verify the requester's identity and authority and handle the request under applicable law and our Privacy Policy. A request does not by itself entitle anyone to access your account or obtain information about you or another person. We may restrict use of, or remove, information that we reasonably believe was provided without sufficient authority, and may take other action required by law.

9. Subscriptions and billing

The Service is offered on a paid subscription.

Apple is the merchant of record. You buy your subscription through the App Store; Apple takes the payment, handles applicable tax, and remits proceeds to us. We never see your payment card.

Your subscription is managed in your Apple account, not in fiStone. That means:

• Canceling is done through Apple, in your device settings. We cannot cancel it for you.

• Deleting your fiStone account does not cancel your subscription. If you delete your account and do not also cancel with Apple, you will keep being charged for a service you can no longer reach. Cancel with Apple first.

• Refunds are Apple's, under Apple's policies.

Subscriptions renew automatically unless canceled, on the terms shown at purchase. We may change prices for future periods, with notice before the change takes effect.

10. Acceptable use

Do not:

• use the Service for anything unlawful

• attempt to gain access to any account, system or data that is not yours

• probe, scan or test the security of the Service, or interfere with its operation

• copy, scrape, reverse-engineer or redistribute the Service or its content

• use the Service to build a competing product

• submit information you do not have the right to provide

• use automated means to access the Service, other than as we expressly permit

We may suspend or terminate access for a breach of this section.

11. Intellectual property

The Service is ours. The application, the website, the calculation methods, the assumption sets, the designs and the content are owned by fiStone or licensed to us, and are protected by intellectual property laws.

We grant you a limited license to use the Service for your own personal, non-commercial purposes, for as long as your account is active. It is personal to you, non-exclusive, non-transferable and revocable. It does not include any right to copy, modify, distribute, sell or lease any part of the Service.

Your data remains yours. The figures you enter, the goals you create and the information from your connected accounts belong to you. You grant us the license we need to operate the Service for you — to store that information, process it, calculate with it, and display the results back to you. That license ends when the information is deleted, subject to the retention described in our Privacy Policy.

Feedback. If you send us suggestions, we may use them without obligation to you.

12. Privacy

Our Privacy Policy explains what we collect, how we use it, who we share it with, and how long we keep it. It is a separate document and forms part of your agreement with us.

Federal law also requires us to give you a GLBA Financial Privacy Notice. We deliver it during registration, where you acknowledge receiving it, and publish it alongside the Privacy Policy. It is a notice we are required to give you, not part of this agreement, and acknowledging it does not waive any right you have.

13. Term, suspension and termination

You may close your account at any time by requesting account deletion in the app. Remember to cancel your Apple subscription separately (§9).

We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if continuing to provide the Service to you would expose us or others to harm. Where it is reasonable to do so, we will tell you first.

We may discontinue the Service, in whole or in part. If we discontinue it entirely, we will give reasonable notice and a period in which to retrieve your information.

What survives termination: sections 4, 5, 11, 14, 15, 16, 17 and 19, and anything else that by its nature should. Our retention of certain records after your account closes is described in the Privacy Policy.

14. Disclaimer of warranties

The Service is provided "as is" and "as available."

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that any defect will be corrected, or that the results you obtain from it will be accurate or reliable. Section 5 describes what a projection is and is not.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law:

We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost savings, lost data, or loss of goodwill, arising out of or relating to the Service — even if we have been advised that they might occur.

Our total aggregate liability to you for all claims arising out of or relating to the Service or these Terms will not exceed one hundred US dollars (US $100). This is a single aggregate cap per customer, not a separate cap for each claim, event or proceeding.

These limits apply regardless of the legal theory on which a claim is brought, and they are a fundamental part of the agreement between us — without them, we could not offer the Service at this price.

Nothing in these Terms excludes or limits liability, or a right or remedy, to the extent applicable law does not permit that exclusion or limitation. The limitations in this section apply to the fullest extent permitted by law.

16. Indemnification

You agree to indemnify and hold harmless fiStone and its officers, directors and employees from any claim, loss, liability or expense (including reasonable legal fees) arising out of:

• your breach of these Terms,

• your misuse of the Service, or

• information you provided about another person that you did not have the right to provide.

17. Governing law and dispute resolution

17.1 Scope and mutual agreement. This section applies to you only if you register for a fiStone account and accept these Terms. Except as stated below, you and fiStone each agree to resolve through final, binding individual arbitration every dispute, claim or controversy arising out of or relating to your registered account, the Service provided to you as a registered user, these Terms, or our relationship as customer and service provider (a "Dispute"), whether based in contract, tort, statute or another legal theory. It includes Disputes arising after account closure or termination. It does not apply to an unregistered visitor merely browsing the public website, or to a claim arising solely from public website browsing before you accepted these Terms. This agreement provides no contractual right to opt out of arbitration; rights that applicable law makes nonwaivable remain available.

17.2 Governing law. The laws of Delaware and applicable United States federal law govern these Terms and Disputes, without regard to conflict-of-law rules. The Federal Arbitration Act, 9 U.S.C. §§1–16, governs the interpretation and enforcement of the arbitration agreement because the Service involves interstate commerce. This choice of law does not deprive you of protections that the mandatory law of your state of residence gives you and does not permit you to waive.

17.3 Notice and informal resolution. Before either party starts arbitration, it must send the other a written Notice of Dispute and allow 30 calendar days after receipt for a good-faith effort to resolve it. Your notice may be emailed to support@myfistone.com. We will send our notice to your registered email address or another address you have provided for notices. The notice must identify the account, describe the facts and requested relief, and give contact details for a response. Each party may be represented by counsel. Neither party must accept a settlement. Applicable claim-filing deadlines, including Section 17.10, are suspended during this 30-day period. This process does not prevent a filing needed to preserve a deadline, permitted temporary court relief under Section 17.7, or a report to a government agency; where appropriate, the parties will ask that a protective filing be stayed while they complete this process.

17.4 Administrator and rules. JAMS will administer the arbitration before one neutral arbitrator under its Comprehensive Arbitration Rules and Procedures, subject to its Consumer Arbitration Minimum Standards of Procedural Fairness. Those consumer standards and any mandatory legal protections control over a conflicting provision of these Terms or the rules. The rules and filing instructions are available at www.jamsadr.com/rules-comprehensive-arbitration and the consumer standards at www.jamsadr.com/consumer-minimum-standards; fiStone will provide copies on request. Each party will have a reasonable opportunity to participate in selecting the arbitrator under the rules and to exchange relevant, nonprivileged information. If JAMS cannot or will not administer the arbitration for a reason other than fiStone's failure to pay required fees or comply with applicable consumer standards, the parties will seek an agreed substitute administrator applying equivalent consumer protections. If they cannot agree, either may ask a court to appoint an arbitrator under the Federal Arbitration Act. No substitute may be used to evade a remedy the law provides for such a failure by fiStone.

17.5 Hearing arrangements and costs. Either party may request a telephone or video hearing. Any in-person hearing will take place in the county where you reside or another location the parties agree on that does not impede your access to arbitration. If you initiate arbitration, your required arbitration filing fee will not exceed US $250, or a lower amount required by law or the applicable JAMS consumer standards; fiStone will pay the remaining administrator, case-management and arbitrator fees. If fiStone initiates, fiStone will pay all those fees. Required fee waivers and any additional company payments required for enforceability remain available. Each party generally pays its own lawyers and other expenses, but the arbitrator may award attorneys' fees or costs when applicable law permits, subject to consumer protections. You will not be required to reimburse fiStone's arbitration fees simply because you do not prevail.

17.6 Authority and award. Except for matters expressly reserved to a court below, the arbitrator has exclusive authority to decide the scope, interpretation, applicability and enforceability of this arbitration agreement, including a claim that it is unconscionable, and to resolve the merits and procedural issues of a Dispute. A court, rather than the arbitrator, will decide whether an agreement was formed, whether a party accepted these Terms, the enforceability or scope of the class-action waiver in Section 17.8, and any issue that applicable law requires a court to decide, including under 9 U.S.C. §402. The arbitrator may award any individual relief available under applicable law, subject to enforceable limitations in these Terms, including Section 15. The award must state the disposition of each claim and the essential findings and conclusions supporting it. The award is binding, subject to the review allowed by the Federal Arbitration Act, and may be entered as a judgment in a court with jurisdiction.

17.7 Exceptions and court proceedings. Either party may bring an individual claim in a small-claims court with jurisdiction if it qualifies and remains there on an individual basis. Either party may seek temporary injunctive relief from a court when necessary to preserve the status quo pending arbitration; this does not remove the underlying Dispute from arbitration. Claims or remedies that applicable law prohibits subjecting to predispute arbitration remain available in a court with jurisdiction. You may also report concerns to government agencies, which may act within their authority. Except for small-claims proceedings, enforcement of an award in a court with jurisdiction, or a different forum required by nonwaivable law, court proceedings permitted by this section must be brought in the state courts in Sussex County, Delaware, or the United States District Court for the District of Delaware if it has subject-matter jurisdiction. Each party consents to personal jurisdiction in those courts. This court provision does not require an arbitration hearing in Delaware.

17.8 Class-action waiver and individual relief. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FISTONE MAY BRING DISPUTES AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER MAY ACT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONDUCT CLASS ARBITRATION, COMBINE DIFFERENT CUSTOMERS' CLAIMS FOR A JOINT MERITS DETERMINATION, OR AWARD RELIEF FOR ANYONE OTHER THAN THE INDIVIDUAL PARTY SEEKING IT. This does not prohibit administrative coordination permitted by the applicable rules if each claim retains an individual merits determination. Nothing in this section waives a right or remedy, including public injunctive relief, that applicable law makes nonwaivable. If a court determines that a particular request for public injunctive relief must proceed in court, that request will proceed there separately, while any arbitrable claims remain in individual arbitration. The parties will seek a stay of the court request pending arbitration only to the extent legally permitted.

17.9 Jury-trial waiver. YOU AND FISTONE UNDERSTAND THAT AN ARBITRATOR, RATHER THAN A JUDGE OR JURY, WILL DECIDE DISPUTES SUBJECT TO ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH ALSO WAIVES TRIAL BY JURY FOR A DISPUTE THAT PROPERLY PROCEEDS IN COURT UNDER THIS SECTION. This does not waive a jury-trial right that applicable law does not permit a party to waive.

17.10 Time limit for claims. To the fullest extent permitted by law, a Dispute must be filed with the arbitration administrator or a court permitted by this section within one year after the claim accrues, or it is barred. This period is subject to the suspension in Section 17.3 and any tolling required by law. If applicable law does not permit shortening the limitations period for a particular claim to one year, the period provided by that law applies. This provision binds both you and fiStone.

17.11 Severability and survival. If a provision of this section is unenforceable, it will be severed only to the extent necessary, and the remaining provisions will be enforced to the fullest extent permitted by law. However, if a court finally determines that Section 17.8 cannot be enforced as to a particular claim or request for relief, that claim or request will proceed in court to the extent required, and the arbitrator will have no authority to hear it on a class, collective or representative basis. Any remaining arbitrable claims will proceed individually. Nothing in this paragraph requires severance when applicable law prohibits it. This section survives account closure, termination of the Service, and termination or assignment of these Terms. Its specific rules govern over a conflicting general provision elsewhere in these Terms.

18. Apple

Because you obtained the fiStone application through the App Store, the following apply:

• These Terms are between you and fiStone only, not with Apple. fiStone, not Apple, is solely responsible for the application and its content.

• Your license to use the application is a non-transferable license to use it on any Apple-branded product that you own or control, as permitted by the App Store Terms of Service.

• Apple has no obligation to furnish any maintenance or support for the application.

• Warranty. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are fiStone's responsibility.

• Claims. fiStone, not Apple, is responsible for addressing any claims relating to the application, including product liability claims, any claim that the application fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.

• Intellectual property. If a third party claims the application infringes their intellectual property rights, fiStone, not Apple, is responsible for the investigation, defense, settlement and discharge of that claim.

• Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

19. General

Changes to these Terms. We may change these Terms. We will post the updated version with a new effective date, and where a change materially affects your rights or obligations we will notify you by email before it takes effect and ask you to agree to the new version. Continuing to use the Service after a non-material change means you accept it. The same applies to the Privacy Policy, which forms part of this agreement: a material change is emailed to you before it takes effect, and you will be asked to agree to the new version before you continue using the Service.

Notices. We will contact you at the email address on your account. You can reach us at support@myfistone.com.

Severability. Except as specifically provided in Section 17.11, if any provision is found unenforceable, the rest remains in force and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.

No waiver. If we do not enforce a provision, that is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition, or sale of substantially all our assets, on notice to you.

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and fiStone about the Service, and replace any earlier agreement or understanding. The GLBA Financial Privacy Notice is not part of this agreement.

Force majeure. Neither party is liable for a failure to perform caused by something outside its reasonable control.

20. Contact

Email: support@myfistone.com