FINANSAVVY.COM USER AGREEMENT

1. INTRODUCTION.

The following terms and conditions ("Agreement") govern the use of the app.FinanSavvy.com (FinanSavvy) web site ("Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users, regardless of whether they have purchased products or services from Sightful Software.

Sightful Software reserves the right to revise this Agreement and any other document applicable to the Service, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the site and indicate the date of the last revision. You should regularly check the site for the most current version of these documents.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.

2. DEFINITIONS.

As used in this Agreement:

A. USER means an individual or business that accesses or uses the Site.

B. MEMBER means a User who has Registered to access or use certain services, features, and content available to Members on the Site.

C. REGISTRATION means the process of registering to access or use the Service. You are REGISTERED when you create a Member account by providing a user name, password, and certain personal contact information as prompted on the Site.

D. REGISTRATION INFORMATION means the information, including user name and password, required of a Member to complete the Registration process.

E. SERVICE means the services, features, and content available to Members on the Site (finansavvy.com and app.finansavvy.com).

F. PAID SERVICE means any aspect of the Service that requires payment of a fee.

G. SUBSCRIBER means a Member who Registers for, accesses, or uses a Paid Service.

H. SITE CONTENT means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Data.

3. ELIGIBILITY TO USE THE SERVICE.

To become a Member you must be at least 18 years old, or have permission from your legal guardian who is a Member. By Registering for the Service you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement.

4. ACCOUNT REQUIREMENTS.

If you Register as a Member in any aspect of the Service, you agree to provide accurate, current, and complete Registration Information as prompted by the Service's Registration processes. You agree to promptly update the Registration Information and any other information you provide to Sightful Software to keep it accurate, current, and complete. You ALSO agree to keep your current e-mail address and other CURRENT REGISTRATION information on file with Sightful Software during the term of this agreement and for one year thereafter. If you provide any information, or Sightful Software reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, Sightful Software may terminate your account and refuse all access to or use of the Service. You agree that your right to use the Service is personal to you, and you may not resell, assign, or make any commercial use of the Service.

5. PASSWORD, AND SECURITY.

Upon Registration, you will provide a valid email address to be used as your user name and for contact purposes. You will also select a password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify Sightful Software immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.

6. SERVICE ACCESS AND SPEED.

Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond Sightful Software’s control. Sightful Software does not guarantee upload or download speeds or other performance.

You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

You may not have access to the Service if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Service may be limited or denied. Sightful Software is NOT responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Service or the Site.

7. SITE CONTENT

All Site Content is proprietary to Sightful Software, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site. The contents of the Service, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including php and javascripts) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Sightful Software.

Sightful Software grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided by the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home or login page of the Service so long as the link does not portray the Service or its products and services in a false, misleading, derogatory, or otherwise offensive matter.

8. ACCESS AND INTERFERENCE

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without Sightful Software’s express written consent, which may be withheld in Sightful Software™'s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.

9. THIRD PARTY SITES.

The Site may contain links to websites provided or operated by parties other than Sightful Software. When you visit any such websites, you do so at your own risk. Sightful Software undertakes no obligation to monitor such websites and is not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.

10. MONITORING THE SERVICE.

Sightful Software has no obligation to monitor the Service. However, Sightful Software may do so and disclose information regarding use of the Service for any reason, as long as Sightful Software believes, in its sole discretion, that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; and protect Sightful Software or its Users.

11. PAID SERVICES.

Free Trials

Sightful Software may elect to offer potential Subscribers of a Paid Service a free trial during which fees are abated. We reserve the right not to offer a free trial or to limit you to one free trial. If you Register in the Service as part of a free trial, your free trial time must be used within the free trial period. Upon conclusion of the free trial period, continued access to the service may be denied contingent upon Registration as a paid Subscriber and all saved user data and content may be permanently deleted.

Charges and Billing.

Any Paid Service must be pre-paid. Payment for Paid Service is due on the day of enrollment as a Subscriber to the Paid Service and thereafter on the first day after the end of each billing cycle. Billing cycles may vary depending on the type of payment plan a Subscriber selects or is offered. Payment for Paid Service grants access to Subscribers to utilize the Service 24/7. PAYMENT FOR PAID SERVICE WHETHER USED OR UNUSED IS NON REFUNDABLE.

We will automatically charge your designated credit card every billing cycle unless you cancel the service using the procedures outlined in this agreement. By continuing to Subscribe to Paid Service, you re-affirm that Sightful Software is authorized to collect applicable fees by charging your credit card. Nonuse of or non-payment for the Service does not constitute cancellation of the Service, nor does it remove your ongoing obligation to pay applicable Service fees.

Sightful Software is not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by Sightful Software. You agree to maintain valid and current credit card or debit card information on file with Sightful Software during the term of this Agreement and for one year thereafter.

Changes in Fees or Billing Methods.

Sightful Software reserves the right to change its fees or billing methods at any time. Sightful Software will post any such changes in a visible location within the Service at least 30 days before they take effect. If you do not like the changes in fees or billing methods, you may cancel the Service at any time subject to the cancellation provisions outlined in this Agreement. Sightful Software also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service.

Automatic Renewal.

Your Subscription will automatically renew at the end of each billign cycle AND YOUR CREDIT OR DEBIT CARD WILL BE CHARGED, unless you cancel your subscription before the end of the term following the procedures outlined in this agreement.

12. TERMINATION AND CANCELLATION.

Either you or Sightful Software may terminate or cancel your account at any time. Upon termination or cancellation all user content and data may be permanently deleted from the site. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Sightful Software. This includes any dispute related to, or arising out of: (a) any term of this Agreement or the enforcement or application of this Agreement; (b) any policy or practice of Sightful Software or the enforcement or application of these policies or practices; (c) your ability to access or use the Service; and (d) the amount or type of, or changes to, fees, surcharges, applicable taxes, or billing methods. All provisions of this Agreement that by their nature are intended to survive termination, including Sections 13 through 19, will remain in force and continue to be binding on you if your account is terminated or cancelled for any reason.

You may cancel your account only through the Account Management section of the Service accessible to you when logged into the site. For your protection, Sightful Software will not accept cancellation by e-mail, voice mail, or regular mail. Cancellation will be effective immediately.

13. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SIGHTFUL SOFTWARE MAKES NO EXPRESS WARRANTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH SIGHTFUL SOFTWARE OR THE INTERNET GENERALLY. NO STATEMENTS MADE, OR ADVICE OR INFORMATION GIVEN, BY SIGHTFUL SOFTWARE WILL CREATE A WARRANTY.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. SIGHTFUL SOFTWARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SIGHTFUL SOFTWARE, ITS EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. SIGHTFUL SOFTWARE'S CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE.

SIGHTFUL SOFTWARE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF SIGHTFUL SOFTWARE OR ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS APPLY TO THE ACTS AND OMISSIONS (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OF SIGHTFUL SOFTWARE AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST SIGHTFUL SOFTWARE IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. SIGHTFUL SOFTWARE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT SUCH LIMITATIONS. ANY WARRANTY UNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

14. NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR

NEITHER SIGHTFUL SOFTWARE NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. SIGHTFUL SOFTWARE IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is provided for educational purposes and to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

15. JURISDICTION; LIMITATION OF ACTIONS.

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its rules respecting the conflicts of laws.

This contract is deemed made and is fully performable in Travis County, Texas. Any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Travis County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile.

You agree that, regardless of any statute of limitations or other law to the contrary, any claim or cause of action arising out of or related to this User Agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises, or be forever barred. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

16. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Sightful Software and its subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims, and expenses, including attorney fees, arising out of any breach by you of this Agreement or your use of the Service or the Internet. Sightful Software reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification. In that event, you will have no further obligation to provide a defense for Sightful Software in that matter. In no event will you compromise, settle, or resolve any claim against Sightful Software without its prior written consent.

17. Trademark and Copyright Legal Notices.

Sightful Software, FinanSavvy.com, and the FinanSavvy.com logo are trademarks or registered trademarks of Sightful Software, inc. By placing them on this website, Sightful Software, Inc. does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.

18. SEVERABILITY.

The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions, and each provision will be enforced to the fullest extent allowed by applicable law.

19. No Third-Party Beneficiaries.

This Agreement is made for the exclusive benefit of, and is binding upon, Sightful Software and the Member, and their respective heirs, successors, and assigns. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.

20. ENTIRE AGREEMENT.

This Agreement constitutes your entire agreement with Sightful Software and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service. You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site.

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