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FundWisr™

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Terms of Service

Version 1.0Effective 2026-07-30Legal Center

FUNDWISR™ TERMS OF SERVICE

Effective Date: July 30, 2026

Last Updated: July 30, 2026

These Terms of Service (the “Terms”) are a legally binding agreement between you and IMPCTRS Management Group, LLC, a Florida limited liability company (“IMPCTRS,” “FundWisr,” “Company,” “we,” “us,” or “our”), governing your access to and use of the FundWisr website, platform, applications, artificial-intelligence-enabled tools, diagnostics, dashboards, databases, funding intelligence, document-generation tools, scoring systems, reports, communications, and related services (collectively, the “Services”).

1. Acceptance of These Terms

By clicking a button or checking a box indicating acceptance, creating an account, accepting an invitation to a workspace, beginning a free trial, purchasing a subscription, accessing a paid feature, or otherwise using the Services after being presented with these Terms, you confirm that:

If you do not agree, do not create an account, purchase a subscription, or use the Services.

These Terms are intended for business, organizational, professional, charitable, educational, governmental, and social-impact use. The Services are not offered primarily for personal, family, or household purposes.

2. Additional Agreements and Order of Precedence

Your use of particular features may also be governed by additional terms presented to you, including an order form, enterprise agreement, master services agreement, data processing addendum, acceptable use policy, subscription and cancellation policy, privacy policy, cookie policy, AI transparency notice, beta terms, consultant addendum, or other written agreement (each, an “Additional Agreement”).

If there is a conflict, the following order of precedence applies unless the applicable document expressly states otherwise:

  1. a signed enterprise agreement, master services agreement, or order form;
  2. a signed data processing addendum, solely for data-processing matters;
  3. these Terms;
  4. any other policy or online notice incorporated into these Terms.

Any separate consulting, training, implementation, grant-writing, strategic-planning, or professional-services engagement with IMPCTRS requires a separate written agreement. Purchasing or using FundWisr does not create a consulting engagement.

3. Definitions

For purposes of these Terms:

4. Eligibility, Organizational Authority, and Account Registration

You must provide accurate, current, and complete registration and billing information. You must promptly update information that changes.

When you create or use an Account for an organization, you represent and warrant that you are authorized to provide the organization's information, accept these Terms, select a Plan, incur charges, invite users, assign roles, and make decisions affecting the Workspace.

You may not impersonate another person or entity, misrepresent your affiliation, create an Account using another person's information without authorization, or use the Services if you have been suspended or prohibited from doing so.

We may request documentation reasonably necessary to verify identity, organizational affiliation, tax status, account authority, payment authorization, trial eligibility, or compliance with these Terms.

5. Account Security and Administrators

You are responsible for maintaining the confidentiality of Account credentials and for activity conducted through your Account. You must use reasonable security practices, including strong passwords and available multifactor authentication.

You must promptly notify us at support@fundwisr.ai if you believe an Account has been compromised, used without authorization, or exposed to a security threat.

An Administrator may be able to access, export, change, restrict, or delete Customer Content; invite or remove users; view activity; change permissions; purchase or cancel Plans; and otherwise act for the organization. The organization is responsible for its Administrators and authorized users.

If an organization controls your Account or Workspace, that organization may control access to Customer Content and may terminate your access. FundWisr is not responsible for disputes between an organization and its personnel, board members, consultants, clients, contractors, or former users.

6. Consultants, Advisors, and Multi-Organization Use

Certain Plans may permit consultants, advisors, fiscal sponsors, technical-assistance providers, associations, foundations, or other professionals to manage multiple client Workspaces.

A consultant or advisor may create, access, or manage a client Workspace only with the client's authorization. The consultant represents and warrants that it has all permissions, notices, consents, contracts, and legal authority necessary to submit and process client information.

Client data must remain in the appropriate client Workspace. A consultant may not disclose one client's confidential information to another client, combine identifiable client data without authorization, or use Customer Content to compete unfairly with a client.

The client does not lose ownership of its Customer Content merely because a consultant created or managed the Workspace. If a client-consultant relationship ends, FundWisr may require verification of authority before transferring, restricting, or releasing a Workspace. We may temporarily freeze access while competing claims are reviewed. We are not required to adjudicate ownership, contractual, employment, or agency disputes between users.

7. Description of the Services

FundWisr is a software and decision-support platform designed to help mission-driven organizations organize information, assess readiness, identify risks and opportunities, develop strategies, model potential pathways, create draft documents, track funding activity, and improve organizational decision-making.

Depending on the Plan and product stage, the Services may include:

Features, limits, interfaces, data sources, and availability may change over time. Not every feature is included in every Plan.

8. Artificial Intelligence and Automated Features

Some Services use artificial intelligence, machine learning, rules-based logic, scoring models, retrieval systems, automated recommendations, or third-party AI services.

AI and automated Outputs are probabilistic and may be inaccurate, incomplete, inconsistent, outdated, overly generalized, misleading, or unsuitable for your circumstances. Similar or identical Outputs may be generated for other users. An Output may omit material facts or reflect errors in Customer Content, third-party information, assumptions, prompts, model behavior, or FundWisr logic.

You agree that:

We may use third-party technology providers to process prompts and generate Outputs. Their processing is governed by our Privacy Policy, applicable agreements, and our arrangements with those providers.

9. No Professional Advice or Professional Relationship

THE SERVICES AND OUTPUTS ARE PROVIDED FOR INFORMATIONAL, EDUCATIONAL, ORGANIZATIONAL, PLANNING, AND DECISION-SUPPORT PURPOSES ONLY.

FundWisr, IMPCTRS, Mzrik Innovations, and AI Arkitech are not acting through the Services as your:

No attorney-client, accountant-client, fiduciary, consultant-client, grant-writer-client, or other professional relationship is created by using the Services, submitting information, communicating with an AI assistant, receiving an Output, or contacting support.

You should obtain advice from qualified professionals before making legal, tax, accounting, employment, governance, investment, securities, real-estate, compliance, financial, or other material decisions.

10. Nonprofit, Tax-Exempt, Hybrid, and Earned-Income Matters

FundWisr may help users explore earned income, fee-for-service models, sliding-scale pricing, social enterprise, nonprofit subsidiaries, hybrid structures, licensing, membership, consulting, products, property strategies, or other revenue pathways.

The Services do not determine whether an activity:

Models and recommendations are illustrative and depend on assumptions. Before adopting or implementing a structure or revenue strategy, you are responsible for obtaining appropriate legal, tax, accounting, insurance, governance, and financial review.

11. Diagnostics, Scores, Benchmarks, and Recommendations

Diagnostics, scores, classifications, benchmarks, maturity levels, readiness levels, risk indicators, fit scores, forecasts, and recommendations are decision-support tools. They are not audits, certifications, accreditations, valuations, credit scores, legal opinions, funding decisions, or guarantees of performance.

Results may be based substantially on self-reported information and may change when data, methodology, benchmarks, laws, funding conditions, or organizational circumstances change. A high score does not guarantee readiness, compliance, funding, sustainability, revenue, impact, or success. A low score does not establish failure, ineligibility, negligence, or noncompliance.

You are responsible for ensuring that answers are complete and accurate and for interpreting results in context. FundWisr may revise scoring methodologies and benchmarks as the platform evolves.

12. Funding Intelligence and Third-Party Opportunities

FundWisr may display, organize, summarize, rank, classify, or match grants, contracts, loans, program-related investments, investors, accelerators, incubators, properties, public programs, philanthropic opportunities, and other third-party resources.

Opportunity information may be incomplete, delayed, inaccurate, outdated, changed, withdrawn, exhausted, or subject to requirements not reflected in the Services. A match, ranking, fit score, recommendation, or inclusion in FundWisr does not mean that:

You must verify all information directly with the official source before relying on it or submitting an application. You are responsible for the accuracy, legality, completeness, and timeliness of all submissions and representations.

FundWisr is not a broker-dealer, investment adviser, lender, crowdfunding portal, placement agent, procurement agent, grantmaker, or representative of any listed third party. Unless a separate written agreement states otherwise, FundWisr does not submit applications, negotiate transactions, accept funds, or bind third parties on your behalf.

13. Generated Documents, Reports, and Models

Document Studio and related features may generate draft plans, policies, procedures, agreements, memoranda, board materials, reports, narratives, applications, budgets, models, or other documents.

Generated documents are drafts. You must review and revise them for factual accuracy, completeness, internal consistency, appropriate tone, legal sufficiency, organizational approval, required citations, and compliance with applicable requirements.

A generated document:

You may not remove or alter a required FundWisr disclaimer in a way that falsely implies professional review, certification, authorship, exclusivity, or guaranteed compliance.

14. Property and Location Information

If the Services include property-finding, real-estate, public-property, facility, site-selection, lease, zoning, rehabilitation, or development information, all information is preliminary and must be independently verified.

FundWisr does not warrant title, ownership, availability, condition, environmental status, structural integrity, zoning, land use, code compliance, tax status, accessibility, insurability, financing, public incentives, lease terms, or suitability. You are responsible for due diligence and for retaining qualified legal, real-estate, title, environmental, engineering, construction, insurance, and financial professionals.

15. Customer Content Ownership

As between you and the Protected Parties, you retain the rights you lawfully hold in Customer Content. These Terms do not transfer ownership of Customer Content to FundWisr.

You represent and warrant that:

You are responsible for maintaining independent copies of critical records and documents. The Services are not a substitute for your legally required recordkeeping, document-management, backup, accounting, grant-management, or compliance systems.

16. License to Process Customer Content

You grant IMPCTRS, the Licensor, Technology Developer, and their authorized service providers a limited, nonexclusive, worldwide license to host, copy, transmit, format, index, analyze, display, process, and otherwise use Customer Content only as reasonably necessary to:

This license ends when Customer Content is deleted from active systems, subject to reasonable backup cycles, legal retention duties, security records, dispute preservation, and deidentified data.

We may create and use aggregated or deidentified information that does not reasonably identify you, an organization, a client, or an individual. We may use such information for analytics, benchmarking, research, security, product improvement, service development, and reporting. We will not attempt to reidentify deidentified information except to test or improve deidentification safeguards or as permitted by law.

17. Sensitive and Regulated Information

Unless a specific feature and written agreement expressly authorize it, do not submit:

FundWisr is not a HIPAA business associate, FERPA school official, payment-card vault, records custodian, or regulated data processor merely because you submit regulated information. Any special data-processing obligations must be established in a separate written agreement signed by an authorized representative of IMPCTRS.

Where personal information is necessary, you should minimize, deidentify, aggregate, or pseudonymize it whenever reasonably possible.

18. Output Rights and Permitted Use

Subject to these Terms, payment of applicable fees, and third-party rights, the Licensor and IMPCTRS grant you a perpetual, worldwide, nonexclusive, royalty-free license to use, reproduce, revise, distribute, display, submit, and implement Outputs for your lawful organizational, client-service, funding, governance, operational, educational, and commercial purposes.

This license does not transfer or grant rights in:

Outputs are not guaranteed to be unique or copyrightable. We do not represent that you will obtain exclusive rights in an AI-generated Output or that the Output will not resemble content provided to another user.

19. FundWisr Intellectual Property

The Services and all associated intellectual property are owned by Mzrik Innovations, LLC or its licensors and are operated by IMPCTRS under license. This includes FundWisr's software, architecture, interfaces, visual design, workflows, prompts, system instructions, scoring systems, methodologies, frameworks, taxonomies, decision trees, templates, documentation, reports, platform content, compilations, databases, names, logos, trademarks, and trade dress.

Except for the limited rights expressly granted in these Terms, no right, title, or interest is transferred to you.

You may not, directly or indirectly:

Nothing prevents an authorized consultant from using lawful Outputs to serve clients within the permissions of the consultant's Plan, provided the consultant does not reproduce or commercialize FundWisr's proprietary platform materials or methodologies as a competing product.

20. Feedback

If you provide ideas, suggestions, requests, evaluations, corrections, or feedback concerning the Services, you grant the Protected Parties a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and incorporate that feedback without restriction or compensation. This does not authorize us to identify you publicly without permission.

21. Third-Party Services, Content, and Links

The Services may integrate with or link to third-party websites, data sources, payment processors, cloud services, email providers, analytics services, artificial-intelligence providers, document tools, calendars, storage systems, or other products.

Third-party services are governed by their own terms and privacy practices. We do not control and are not responsible for their availability, accuracy, security, conduct, content, decisions, or performance. A link or integration does not constitute endorsement.

You are responsible for maintaining any third-party accounts, permissions, subscriptions, and credentials necessary for an integration. We may suspend or discontinue an integration if the third party changes access, terms, pricing, technology, or availability.

22. Free Assessments and Free Trials

FundWisr may offer free assessments, previews, trials, or limited Plans. Eligibility, duration, feature limits, and restrictions will be shown when offered.

Unless otherwise stated, the FundWisr Snapshot trial lasts seven (7) days, requires no payment card, and does not automatically convert into a paid Plan. To continue using paid features after the trial, you must affirmatively select a paid Plan and provide a valid payment method.

A free trial may be limited to one per organization, email address, user, payment method, browser, or device. You may not create multiple identities, Accounts, or organizations to evade trial restrictions. We may end or deny a free trial if we reasonably suspect abuse, fraud, duplication, or ineligibility.

Free and trial features are provided without a service-level commitment and may be modified or discontinued at any time.

23. Paid Subscriptions and Automatic Renewal

Paid Plans are subscriptions. Unless otherwise stated at checkout or in an order form, a paid Plan begins when payment is accepted and renews automatically each month until canceled.

Before purchase, we will display the Plan, price, billing frequency, included features or usage limits, and cancellation information. By completing checkout, you authorize IMPCTRS and its payment processor to charge the displayed recurring amount, applicable taxes, and authorized fees to your selected payment method on each renewal date until cancellation.

You must provide current and accurate billing information and are responsible for charges incurred by authorized users and Administrators.

We may retry failed payments and may suspend or restrict paid features if payment is overdue. You remain responsible for amounts incurred before suspension or cancellation, including reasonable collection costs where permitted by law.

24. Plan Limits, Seats, Workspaces, and Credits

Plans may limit seats, Workspaces, foundation profiles, document credits, diagnostics, AI strategy questions, storage, exports, integrations, usage, or other features.

Unless the Plan page, checkout disclosure, order form, or Account states otherwise:

We may use reasonable technical measures to enforce Plan limits and protect service stability. We will not intentionally reduce a prepaid fixed-term enterprise commitment except as permitted by the applicable order form.

25. Pricing Changes, Upgrades, and Downgrades

Current standard pricing is displayed on the FundWisr pricing page or at checkout. We may change prices, features, and Plan structures prospectively.

For month-to-month Plans, a price change will apply no earlier than the next renewal following reasonable advance notice. Upgrades may take effect immediately and may result in a prorated charge or credit, as disclosed during the change. Unless otherwise stated, downgrades take effect at the next renewal date.

A downgrade may reduce seats, Workspaces, credits, storage, access, or features. You are responsible for exporting or reorganizing information before a downgrade. We may restrict access to items exceeding the new Plan's limits, but we will not intentionally delete Customer Content solely because of a downgrade without notice and a reasonable opportunity to export, except where necessary for security, law, or prolonged nonpayment.

26. Cancellation, Expiration, and Refunds

You may cancel a standard online paid Plan through the cancellation function in Account Settings or another online method we designate. Cancellation stops future renewals and becomes effective at the end of the then-current billing period unless a different effective date is displayed.

You will retain paid access through the end of the paid period unless your Account is suspended or terminated for breach. Deleting an app, abandoning an Account, removing a payment method, or stopping use does not by itself cancel a subscription.

Except where required by law or expressly stated in a written refund policy, order form, or promotional offer:

If we permanently discontinue a prepaid Service before the end of a prepaid term for reasons unrelated to your breach, we may provide a substantially similar replacement, account credit, or pro rata refund for the unused portion, as appropriate.

27. Taxes and Payment Disputes

Prices may exclude sales, use, value-added, gross-receipts, withholding, or similar taxes. You are responsible for applicable taxes other than taxes based on our net income. If you claim an exemption, you must provide valid documentation before billing where required.

You must review invoices and Account activity promptly. To help us investigate, notify us of a suspected billing error within thirty (30) days after the charge appears, without limiting rights that cannot lawfully be waived. Filing an improper chargeback does not cancel a subscription or eliminate valid payment obligations.

28. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms. You may not use or permit use of the Services to:

We may investigate suspected violations and may preserve or disclose information where reasonably necessary to comply with law, enforce these Terms, protect users or the public, prevent fraud or security incidents, or defend legal rights.

29. Community and Public Features

If the Services permit posts, comments, profiles, shared resources, forums, or other content visible to users or the public, you are responsible for what you publish. Do not post confidential client information, personal information, copyrighted materials without permission, solicitations prohibited by community rules, or misleading professional claims.

You grant us a nonexclusive, worldwide, royalty-free license to host, reproduce, format, display, distribute, and moderate public content as necessary to operate and promote the applicable feature. You may delete content where the feature allows, but copies may remain in backups, quotations, shared documents, or legal records.

We may remove public content or restrict participation, but we are not required to monitor all user activity and do not endorse user statements.

30. Security, Availability, Maintenance, and Beta Features

We use administrative, technical, and organizational measures designed to protect the Services and Customer Content. No system, transmission, storage method, or security control is completely secure, and we do not guarantee that unauthorized access, loss, corruption, interruption, or security incidents will never occur.

You are responsible for configuring user permissions, protecting credentials, limiting Customer Content to what is necessary, maintaining independent backups, and promptly removing access for departed personnel or contractors.

The Services may be unavailable due to maintenance, updates, internet or provider failures, security events, force majeure, or circumstances beyond our reasonable control. Unless a signed service-level agreement states otherwise, we do not guarantee uninterrupted access, a particular uptime percentage, response time, recovery time, or error-free operation.

Beta, preview, early-access, or experimental features may be incomplete, unstable, changed, or discontinued without notice. Do not rely on a beta feature for mission-critical, legal, compliance, filing, payment, or record-retention functions.

31. Privacy and Data Protection

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and is incorporated into these Terms. By using the Services, you acknowledge the Privacy Policy.

You are responsible for providing required privacy notices and obtaining required permissions from employees, board members, volunteers, clients, beneficiaries, students, participants, donors, applicants, vendors, and other individuals whose information you submit.

If applicable law requires a data processing addendum, business associate agreement, education-data agreement, international transfer mechanism, or other specialized terms, those terms must be executed before submitting covered data.

Service-related communications, including security notices, billing notices, legal updates, and operational messages, are part of the Services and are not marketing communications. Marketing consent, where requested, will be separate.

32. Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use confidential information only to perform under these Terms and will protect it using reasonable care.

Confidential information does not include information that the receiving party can demonstrate:

A party may disclose confidential information when required by law or valid legal process, provided it gives notice where legally permitted and reasonably cooperates with protective efforts at the requesting party's expense.

Our confidentiality obligations concerning Customer Content are also subject to the Privacy Policy, Section 16, service-provider access, security and support needs, and lawful disclosures. More detailed confidentiality terms may be included in an enterprise agreement.

33. Copyright and Intellectual-Property Complaints

If you believe content available through the Services infringes your copyright or other intellectual-property rights, send a detailed notice to Tracy@FundWisr.ai and identify the work, allegedly infringing material, location, contact information, good-faith statement, accuracy statement, and authorized signature.

We may remove or restrict content and may terminate repeat infringers. Submission of a false or materially misleading notice may create liability. Our separate Copyright and DMCA Policy, when posted, is incorporated into these Terms.

34. Suspension and Termination by FundWisr

We may suspend, restrict, or terminate access immediately or after notice if we reasonably believe that:

Where reasonable, we will provide notice and an opportunity to cure. We may act without advance notice when necessary to prevent harm, protect systems or data, comply with law, or address fraud or serious breach.

Termination does not relieve you of payment obligations incurred before termination or affect provisions that by their nature should survive.

35. Customer Content After Termination

After a paid Plan expires or is canceled, we may provide limited or read-only access and an opportunity to export Customer Content.

Unless an Additional Agreement or the Account states otherwise, we may retain Customer Content in active systems for up to thirty (30) days after termination and may then delete or deidentify it. We may retain backups, billing records, security logs, consent records, support records, and information required for legal, tax, fraud-prevention, dispute, or compliance purposes for longer periods.

You are responsible for exporting Customer Content before the applicable deletion period ends. Deleted information may not be recoverable. We are not obligated to maintain Customer Content indefinitely or provide a particular export format unless required by law or a signed agreement.

36. User Representations and Warranties

You represent and warrant that:

37. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Protected Parties from and against third-party claims, demands, investigations, proceedings, liabilities, damages, judgments, settlements, penalties, fines, losses, and reasonable attorneys' fees and costs arising out of or relating to:

We will provide reasonable notice of an indemnified claim and may control the defense with counsel of our choice. You may not settle a claim in a manner that admits fault by, imposes obligations on, or restricts a Protected Party without that party's written consent.

38. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, CUSTOMER-SPECIFIC RECOMMENDATIONS, THIRD-PARTY INFORMATION, AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

THE PROTECTED PARTIES DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, QUIET ENJOYMENT, DATA PRESERVATION, RESULTS, AND COURSE OF DEALING.

WITHOUT LIMITING THE FOREGOING, THE PROTECTED PARTIES DO NOT WARRANT THAT:

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

39. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, FUNDING, DONATIONS, INVESTMENTS, CONTRACTS, OPPORTUNITIES, GOODWILL, OR BUSINESS; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM RELIANCE ON AN OUTPUT, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES ARISING OUT OF OR RELATING TO THE SERVICES, OUTPUTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNTS ACTUALLY PAID BY YOU TO IMPCTRS FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  2. ONE HUNDRED U.S. DOLLARS (US $100).

The limitations apply regardless of the form of action, whether contract, tort, negligence, strict liability, statute, restitution, or otherwise, and apply collectively rather than per claim or per Protected Party.

Nothing in these Terms excludes liability that cannot legally be excluded, including liability for a party's fraud or willful misconduct to the extent applicable law prohibits limitation.

40. Allocation of Risk

You acknowledge that the fees charged for the Services reflect the allocation of risk in these Terms and that the warranty disclaimers, indemnification obligations, and liability limitations are essential bases of the bargain. These provisions apply even if a limited remedy fails of its essential purpose.

41. Informal Dispute Resolution

Before filing arbitration or litigation, the complaining party must send a written notice describing the dispute, relevant facts, requested relief, and contact information.

Notices to FundWisr must be sent to:

IMPCTRS Management Group, LLC

Attn: FundWisr Legal

830 N John Young Parkway

Kissimmee, Florida 34741

Email: legal@fundwisr.ai

The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt. This requirement does not prevent either party from seeking temporary relief necessary to prevent immediate and irreparable harm.

42. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except for the exclusions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, an Account, a subscription, an Output, or the relationship between the parties that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, or another mutually agreed administrator.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted by one arbitrator in English. Unless the parties agree to remote proceedings, the legal seat and location will be Osceola County, Florida. The arbitrator may award any relief available on an individual basis that a court of competent jurisdiction could award, subject to these Terms.

Each party will pay fees as required by the applicable rules, except that we will not seek to shift arbitration costs in a manner prohibited by law. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

Either party may bring an individual action in small-claims court if the dispute qualifies. Either party may seek temporary or equitable relief in court to protect intellectual property, confidential information, Account security, systems, or data; prevent unauthorized access or misuse; or preserve the status quo pending arbitration.

43. Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

The arbitrator may not consolidate claims of different persons or preside over a representative proceeding without the written consent of all parties.

For any dispute permitted to proceed in court, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A JURY TRIAL to the fullest extent permitted by law.

If a final court decision determines that a particular claim or request for public injunctive relief cannot lawfully be subjected to the class waiver, that claim or request will be severed and decided by the court after all arbitrable matters are completed.

44. Governing Law and Court Venue

These Terms and any non-arbitrable dispute are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 42.

The state and federal courts located in or serving Osceola County, Florida will have exclusive jurisdiction over any court proceeding permitted by these Terms, and each party consents to personal jurisdiction and venue there.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

45. Changes to the Services and These Terms

We may modify the Services and these Terms to reflect new features, business practices, laws, security requirements, providers, risks, or operational needs.

We will post updated Terms and revise the “Last Updated” date. For material changes, we will provide reasonable notice through email, the Services, or another appropriate method and may require renewed acceptance. Changes apply prospectively unless immediate application is necessary for law, security, fraud prevention, or protection of users.

If you do not agree to updated Terms, you must stop using the Services and cancel before the changes become effective. Continued use after the effective date constitutes acceptance where permitted by law.

46. Electronic Communications and Records

You consent to receive agreements, notices, disclosures, invoices, receipts, policy updates, security notices, and other records electronically through email, the Services, or a website posting.

You are responsible for maintaining a valid email address and the hardware and software needed to access, download, and retain electronic records. You may print or save these Terms. Your electronic acceptance and records of acceptance may be used to establish agreement.

Service and legal communications are separate from optional marketing communications. You may unsubscribe from marketing messages without affecting essential service notices.

47. Export Controls and Sanctions

You may not use, export, reexport, transfer, or provide access to the Services in violation of U.S. export-control, trade-sanctions, anti-boycott, or similar laws. You represent that you are not prohibited from receiving the Services and are not located in, ordinarily resident in, or controlled by a comprehensively sanctioned jurisdiction, except as authorized by law.

48. Force Majeure

No Protected Party will be liable for delay or failure caused by events beyond reasonable control, including natural disasters, severe weather, fire, epidemic, war, terrorism, civil unrest, labor disputes, utility or internet failures, cloud or provider outages, cyberattacks, government actions, legal restrictions, supply disruptions, or failures of third-party services.

49. Assignment

You may not assign or transfer these Terms, an Account, or a subscription without our prior written consent. We may assign these Terms to an affiliate, successor, purchaser, or entity involved in a merger, reorganization, financing, sale of assets, or transfer of the FundWisr business or intellectual property.

Any prohibited assignment is void.

50. General Provisions

These Terms and applicable Additional Agreements constitute the entire agreement concerning the Services and supersede prior or contemporaneous discussions, proposals, and representations on that subject.

Failure to enforce a provision is not a waiver. A waiver must be in writing and signed by an authorized representative.

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

Headings are for convenience only. “Including” means “including without limitation.” Singular terms include the plural and vice versa where context permits.

No agency, partnership, joint venture, employment, fiduciary, franchise, or exclusive relationship is created by these Terms.

Sections concerning intellectual property, Customer Content, Output rights, payment obligations, confidentiality, disclaimers, indemnification, limitations of liability, dispute resolution, data retention, and general provisions survive termination.

51. Contact Information

Questions about the Services or these Terms may be directed to:

IMPCTRS Management Group, LLC

FundWisr Support

830 N John Young Parkway

Kissimmee, Florida 34741

Support: support@fundwisr.ai

Legal Notices: legal@fundwisr.ai

FundWisr™ is operated by IMPCTRS Management Group, LLC under license from Mzrik Innovations, LLC, the owner and licensor of the FundWisr intellectual property (“Licensor”). Technology used in the Services was developed in whole or in part by AI Arkitech, LLC (“Technology Developer”). The Licensor, Technology Developer, IMPCTRS's affiliates, and their respective owners, officers, directors, employees, contractors, agents, successors, and assigns are collectively referred to as the “Protected Parties.” The Licensor and Technology Developer are intended third-party beneficiaries of the provisions concerning intellectual property, acceptable use, disclaimers, indemnification, limitations of liability, dispute resolution, and enforcement.

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