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Terms and Conditions

Personal Concierge Terms and Conditions of Use

‍Personal Concierge is a software application (the "Application") that is made available by Benfin.AI. ("Benfin.AI"). These Terms and Conditions (“Terms”) govern your use of the Application and anytime you engage with our websites or any affiliated entity or other services (the “Service”). The Application engages users (“you,” “your”) in a chat-based format to collect information about personal preferences, behaviors, beliefs, and details related to individuals in your personal network. This Service is designed to support and enhance your relationship with your Registered Investment Advisor (“RIA”).

Personal Concierge is a tool that facilitates guided conversations to help you reflect on what matters to you. Your RIA may use summarized and processed insights from these conversations to offer you a more personalized and values-aligned service. The Service does not provide financial, medical, psychological, or legal advice, and is not a substitute for professional advisory services regulated under federal or state law.

The Application is made available by Benfin.AI and any affiliates or related parties including any entity directly or indirectly owned or controlled by Benfin.AI. You may use the Application subject to the following terms and conditions of use ("Terms of Use"). Your use of the Application may be subject to the terms of a separate agreement with your RIA (or other third party), including in relation to any conditions for the use of the Application.

DISCLAIMERS:

The Service:

Does not provide investment, financial, health, psychological, legal, tax or any other professional advice
Does not make personalized recommendations regarding investments or other financial products
Does not manage client assets and does not collect or access information in the possession of the RIA about you
Is intended to support your RIA in providing better client service, not to gather information on their behalf or to replace their judgment or fiduciary responsibilities
Is not an RIA and is not subject to fiduciary duties and consumer protections of an RIA
Is for informational or promotional purposes only, and if a RIA offers the Service, the RIA is responsible for compliance with all financial services laws and regulations and the user should consult the RIAs privacy policies and terms of service for more information about how the RIA handles personal information
Is provided at your discretion and you use it at your own risk and the Service is not liable for any choices that you make or actions taken as a result of your use of the Service

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU AGREE WITH THE TERMS OF USE, CLICK ON "ACCEPT" BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE, CLICK ON "DECLINE" AND YOU WILL NOT BE PROVIDED ACCESS TO THE SITE.

YOUR USE OF THIS APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ANY FUTURE CHANGES THERETO IN ACCORDANCE WITH CLAUSE 15 BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THIS APPLICATION.

1. Application License. As a user of this Application, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Application in accordance with these Terms of Use. Benfin.AI may terminate this license at any time and without providing notice.

2. Limitations on Use. You are only permitted to use the Application in the course of your normal business activities and strictly in accordance with these Terms of Use. You agree to use the Application solely for its intended purpose. You understand that the Service may use or share your information or any information derived from it for any purposes. You shall not remove any copyright notices or other proprietary notices appearing on the Application and you shall not decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Application. Nor may you use any network monitoring or discovery software to determine the Application architecture, or extract information about usage or users. Benfin.AI accepts no responsibility for any networks, equipment or infrastructure which you may use to access the Application. You shall take all reasonable measures to avoid the introduction of any virus, element or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of or access to the Application by you or any other users.

Please remember that you must:

not share your access to the Application with any other party or person (including any of your other users);
keep your login credentials confidential and not disclose that information to anyone else, even within your organization. If your login credentials are lost or compromised or you become aware of any unauthorized use, please notify us without delay at support@Benfin.ai;
cease using the Application if you leave or are terminated by your organization. If your authorization specifies a location from which access may be made, access shall be made only from that location;
not publish, copy, distribute and download Output from the Application except as may be expressly permitted. Usage shall not exceed usage beyond the permitted number of authorized users unless otherwise agreed in writing.
NOT submit: ◦ Personally identifiable information (PII) ◦ Confidential financial data, such as account numbers or investment holdings ◦ Protected health information (PHI), as defined by HIPAA

“Output” means any text, images, audio, video, summaries, or other data or results, information, analyses, and any other form of output presented back to you as a result of your use of the Application.

3. Not Professional Advice. The Application and the Output does not constitute investment, accounting, broking, consulting, insurance, legal, tax or any other type of professional advice, and should be used only in conjunction with the services of a Registered Investment Advisor (RIA) and any other appropriate professional advisors who have knowledge of the user’s situation. The accuracy, completeness, adequacy or currency of the Application and Output are not warranted or guaranteed. Your use of the Application and Output is entirely at your own risk. For the avoidance of doubt, Benfin.AI is not a law firm or any other professional service and does not provide any representation that gives rise to any legal or fiduciary duty.

4. Intellectual Property Rights. The Application is owned by Benfin.AI and its third party licensors. Access is granted to you at the discretion of Benfin.AI. These Terms of Use are not intended to operate to transfer or confer any intellectual property rights in the Application to you or any third party, including any organization that you may represent or be employed by. Benfin.AI retains all intellectual property rights in the Application including, without limitation, copyrights, trademarks, design rights and database rights whether registered or unregistered and subsisting in any part of the world.

In the course of using the Application you may contribute, store, upload or submit data, documents, comments or information ("Content"). Benfin.AI excludes to the fullest extent permitted by law, liability for Content and shall not be responsible for the deletion, damage, destruction, loss, failure or correction of Content. You shall comply with all applicable laws and regulations governing Content that you may load onto the Application. The Application is not a ‘system of record’ and you are responsible for compliance with your own record keeping obligations (including obligations to keep backup copies) as may be required by law or regulation in respect of your business activities. You shall ensure that you have obtained all necessary licenses and consents for any Content shared, posted or added to the Application. You shall not post Content which may contain any pornographic, obscene, defamatory, offensive, indecent, abusive, menacing, unlawful, blasphemous content or constitute an infringement of privacy, intellectual property or any other rights of a third party.

You agree that any feedback that you may submit regarding the Application may be used to enhance the Application.

5. Registration. Certain sections of the Application require you to register. If registration is requested, you agree to supply Benfin.AI with accurate and complete registration information. It is your responsibility to inform Benfin.AI of any changes to that information. You are responsible for maintaining the confidentiality of your account credentials and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Benfin.AI reserves the right to refuse registrations or subscriptions.

6. Errors and Corrections. While Benfin.AI will use reasonable efforts to maintain the Application operational, it does not represent or warrant that the Application will be error-free, provide you with good or helpful responses, will be free of viruses or other harmful components, or that defects will be corrected. Benfin.AI does not warrant or represent that the Application and/or the Output will be correct, accurate, timely or otherwise reliable. Benfin.AI may make changes to the Application at any time. Any harm that comes from your use of the Application is your responsibility and not attributable to Benfin.ai.

7. Third-Party content. Third-party content may be accessible from the Application. Benfin.AI is not responsible for and assumes no liability for any third-party content. The Application may provide access or links to other sites operated by third parties on the Internet. In each case, you are responsible for locating, reading and adhering to the terms of use of each third-party site you visit.

8. DISCLAIMER. YOU ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED "AS IS" AND THAT, SO FAR AS PERMITTED BY LAW, NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION HAS BEEN OR IS MADE BY BENFIN.AI OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, (I) THAT THE APPLICATION (A) WILL BE ERROR OR BUG FREE, OR ITS OPERATION WILL BE UNINTERRUPTED; (B) IS NON-INFRINGING, MERCHANTABLE, OR FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE; OR (C) WILL PERFORM IN ACCORDANCE WITH YOUR REQUIREMENTS; AND (II) AS TO THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE OF THE OUTPUT OF THE APPLICATION. THE ENTIRE RISK AS TO THE USE AND OUTPUT OF THE APPLICATION IS ASSUMED BY YOU. YOUR USE OF THE APPLICATION AND OUTPUT IS ENTIRELY AT YOUR RISK. ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES HAVE KNOWN AND UNKNOWN RISKS AND LIMITATIONS. IF YOU ENCOUNTER ANY OUTPUT THAT IS INACCURATE, HARMFUL, OFFENSIVE, BIASED OR DISCRIMINATORY, OR OTHERWISE INAPPROPRIATE, PLEASE REPORT IT AT feedback@Benfin.AI

THE APPLICATION USES ARTIFICIAL INTELLIGENCE TECHNOLOGIES LICENSED FROM THIRD-PARTIES (“THIRD PARTY LICENSEES”) AND BENFIN.AI (i) DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, OR THE TIMELINESS OF CORRECT SEQUENCING OF THE OUTPUT OBTAINED FROM THE USE OF THE APPLICATION; AND (ii) DISCLAIMS ALL RESPONSIBILITY AND LIABILITY RELATING TO OR ARISING FROM (a) THE USE OF THE APPLICATION; (b) OUTPUT AND THE USAGE OF SAME; AND, (c) THE LICENSED ARTIFICIAL INTELLIGENCE TECHNOLOGY UTILIZED AND/OR INCORPORATED IN THE APPLICATION. YOU UNDERSTAND AND AGREE THAT BENFIN.AI DOES NOT ATTEMPT TO VERIFY THE ACCURACY OR COMPLIANCE WITH LAWS OF ANY OUTPUT, AND YOU ASSUME

THE SOLE RISK FOR THE USE OF SUCH OUTPUT. AUTHORISED USERS SHOULD NOT RELY ON ANY FACTUAL ASSERTION IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING ITS ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OR SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. THE APPLICATION MAY NOT BE CAPABLE OF DYNAMICALLY RETRIEVING INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE APPLICATION WAS TRAINED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPLICATION OR OUTPUT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NEITHER BENFIN.AI NOR ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM (INCLUDING THIRD-PARTY CLAIMS), DAMAGE, OR LOSS, AND, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION AND ITS OUTPUT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. OUTPUT DOES NOT CONSTITUTE, LEGAL, CONSULTING, REGULATORY OR ANY OTHER FORM OF ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH BY YOU. ANY SUCH RELIANCE BY YOU IS ENTIRELY AT YOUR OWN RISK.

YOU ASSUME SOLE AND FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND OUTPUT, AND FOR CONCLUSIONS DRAWN AND DECISIONS MADE FROM SUCH USE. BENFIN.AI, BENFIN.AI’S AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, SUBCONTRACTORS, AND SUPPLIERS (TOGETHER “RELATED PERSONS”) SHALL NOT HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN RELATION TO ANY OUTPUT. IN ADDITION, BENFIN.AI SHALL NOT BE LIABLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU RELATING TO THE OUTPUT OR THE USE OF THE APPLICATION.

9. LIMITATION OF LIABILITY. THE AGGREGATE LIABILITY TAKEN TOGETHER OF BENFIN.AI AND ITS RELATED PERSONS ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS AND THE APPLICATION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND MISREPRESENTATION), FOR BREACH OF STATUTORY OR FIDUCIARY DUTY, OR OTHERWISE, SHALL NOT EXCEED IN AGGREGATE TEN THOUSAND DOLLARS (US$10,000) INCLUSIVE OF INTEREST AND COSTS. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE THE LIABILITY OF BENFIN.AI AND THE RELATED PERSONS: (I) FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF BENFIN.AI AND/OR THE RELATED PERSONS; (II) FOR FRAUDULENT ACTS OR OMISSIONS OF BENFIN.AI AND/OR THE RELATED PERSONS; OR (III) TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE SAME TO BE EXCLUDED OR LIMITED.

IN NO EVENT SHALL BENFIN.AI OR ANY OF THE RELATED PERSONS BE LIABLE FOR ANY: (I) LOSS OF ACTUAL OR ANTICIPATED INCOME; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (III) LOSS OF BUSINESS; (IV) LOSS OF SAVINGS, REVENUE OR THE USE OF MONEY; (V) LOSS OF CONTRACTS; (VI) ANY INCREASED COST OF DOING BUSINESS; (VII) LOSS OF REPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSS. THIS EXCLUSION OF LIABILITY APPLIES WHETHER ANY SUCH LOSSES ARE DIRECT OR INDIRECT OR FORSEEABLE OR NON-FORSEEABLE.

IN CIRCUMSTANCES WHERE THE ONLY DAMAGES THAT CAN BE SUFFERED UNDER THESE TERMS AND CONDITIONS ARE LOSSES LISTED IN THE RECEDING PARAGRAPH, THEN SUCH PARAGRAPH SHALL NOT HAVE EFFECT BUT, IN THAT CASE, THE LIMITATION IN THE FIRST PARAGRAPH OF THIS SECTION SHALL APPLY TO SUCH LOSSES.

WHERE BENFIN.AI OR ANY OF THE RELATED PERSONS ARE JOINTLY LIABLE TO YOU WITH ANOTHER THIRD PARTY, BENFIN.AI AND THE RELATED PERSONS SHALL, TO THE EXTENT PERMITTED BY LAW, ONLY BE LIABLE TO YOU FOR THOSE LOSSES THAT CORRESPOND DIRECTLY WITH BENFIN.AI’S AND THE RELATED PERSONS’ PROPORTIONATE SHARE OF RESPONSIBILITY FOR THE LOSSES IN QUESTION.

10. Unlawful Activity. Benfin.AI reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Benfin.AI deems appropriate.

11. Remedies for Violations. Benfin.AI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Application.

12. Governing Law and Jurisdiction. Any controversy, dispute or claim of any kind between the Parties relating to these Terms and Conditions and the Application shall be governed by and interpreted in accordance with the laws of the state of [Delaware, without regard to any provisions governing conflicts of laws. The Parties agree that any and all disputes, suits, actions or other proceedings arising from or relating to these Terms and Conditions shall be brought exclusively in the [federal or state courts within the State of Delaware], and the Parties hereby submit to the exclusive jurisdiction of such courts, and expressly waive any objection to venue in such court.

13. Confidentiality and Data Protection. You shall treat as confidential all information in any medium or format (whether marked "confidential" or not) which you receive either directly from Benfin.AI or from any person, firm, company or organization associated with Benfin.AI, which concerns the business, operations or customers of any or all of Benfin.AI, including these Terms and Conditions and information of a confidential nature relating to or incorporated within the Application (“Confidential Information”). You may not disclose Confidential Information to any third party without Benfin.AI’s express written consent. You shall protect Confidential Information from unauthorized use or unauthorized or accidental disclosure.

You may only use Confidential Information for the purposes of using the Application.

This clause shall not apply to any information which: (a) enters the public domain other than as a result of a breach of this clause; (b) is received from a third party which is under no confidentiality obligation in respect of that information; or (c) is independently developed by you without use of the Confidential Information.

Subject to these confidentiality provisions, you shall not prevent Benfin.AI or any legal entity within the Benfin.AI from disclosing these Terms and Conditions, for its own marketing purposes.

You are responsible for the development, content, and use of information and documents you input, upload, or otherwise submit into the Application, also known as “Prompts.” You will not submit any Prompts into the Application or attempt to generate any Output that infringes on any third-party Intellectual Property Rights or consists of any sensitive or regulated information, including, but not limited to: (i) any personal data as defined by applicable law, (ii) Personally Identifiable Information (“PII”), including but not limited to, social security numbers, names, addresses, driver’s license and other information found on state issued licenses, email addresses, and phone numbers; (iii) Protected Health Information, as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), or other health, genetic, or biometric data; and (iv) personal financial or bank account information. In addition, both Benfin.AI and you each agree to comply with all applicable data protection and privacy laws and regulations

Benfin.AI will process any relevant personal data, such as your login credentials, in accordance with its Privacy Policy (“Privacy Policy”) and, where applicable, the terms and conditions of the agreement between Benfin.AI and your RIA.

14. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Application and the Privacy Policy. Subject to the first paragraph above, these Terms of Use constitute the entire agreement between you and Benfin.AI with respect to access to, and use of, the Application . If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with any other provision of the Terms of Use, then the unlawful, void, unenforceable or conflicting provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You acknowledge and agree that in entering into these Terms of Use you have not relied upon any undertaking, promise, assurance, statement, representation, warranty or understanding (written or otherwise) of any person relating to the subject matter of hereof, other than as expressly set out in these Terms of Use. You do not have any claim or remedy in respect of a warranty, statement, and misrepresentation (whether negligent or innocent) or undertaking made in connection with or relating to the subject matter hereof and which is not expressly included these Terms of Use. You may not assign your rights or obligations under these Terms of Use without Benfin.AI’s prior consent in writing.

15. Modifications to Terms of Use. Benfin.AI reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Application and/or Tools and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Application after any such changes constitutes your acceptance of such changes.

16. Regulatory matters. These Terms of Use and your use of the Application and the Output are expressly made subject to any laws, regulations, orders or other restrictions which may be imposed by the Government of the United States of America on the transaction of business activities with certain countries or nationals or residents of certain countries. The Application, the Tools and the Output are not available to any Restricted Entity, which is defined to mean any individual or organization owned or controlled by, or acting as an agent for, any person or entity with whom a U.S. citizen, national, or company organized under the laws of or operating in the U.S. is prohibited from engaging in transactions by U.S. laws, including without limitation, a person on the Specially Designated Nationals List published by the U.S. Department of the Treasury's Office of Foreign Assets Control. You represent and warrant that neither you nor your organization is a Restricted Entity nor are you or your organization using the Application and the Output provided therein on behalf of or for the benefit of a Restricted Entity.

17. Authorization. You represent and warrant that you are duly authorized to accept these Terms of Use and legally bind your organization to these Terms of Use.