LAST UPDATED: March 8th, 2026

Welcome to the Finley website, www.getfinley.com (the "Website"). Your use of our Website is subject to the following Terms and Conditions ("Terms") and our Privacy Policy. Please read these Terms carefully before using the Website. If You do not agree to these Terms, please do not use our Website.

PLEASE BE ADVISED THAT THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND FINANCIAL WELLNESS LABS, AND YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS.

Financial Wellness Labs, Inc. provides a financial wellness platform. Please read on to learn the rules and restrictions that govern use of our website(s), products, services, and applications (together, the “Services”).

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email: support@getfinley.com

Address: 4 West Palisade Ave, Suite 1210, Englewood, NJ, 07631.

These Terms of Use (the “Terms”) are a binding contract between you and Financial Wellness Labs, Inc. (“FWL,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the FWL Privacy Policy. Your use of or participation in certain Services may also be subject to the Financial Wellness Labs Services Agreement, additional policies, rules, and/or conditions (“Additional Terms”), which, together with the Privacy Policy, are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with the Privacy Policy and any Additional Terms.

Please read these Terms carefully, as they cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU ARE AGREEING TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND ARE WAIVING YOUR RIGHT TO A COURT OR JURY TRIAL.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time and will send you an email if the changes are material. For immaterial changes, we will place a notice on our site located at https://financialwellnesslabs.com. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

FWL takes the privacy of its users very seriously. For the current FWL Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. The Services are intended for individuals 18 and older. If you are under 18, you may use the Services only through an employer-sponsored program with appropriate consents and only as permitted by the applicable program terms. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@questis.co.

ABOUT US

Financial Wellness Labs, Inc. ("Financial Wellness Labs," "Finley," "we," "us," or "our") is a Delaware corporation with offices at 4 West Palisade Ave, Englewood, NJ. Should You have any questions about these Terms and Conditions or wish to contact us for any reason, please use the Contact Us section on our Website.

PRIVACY

Our Privacy Policy also governs Your visit to our Website and describes what information we collect from You, and how that information is used, shared, secured, and eventually deleted.

OUR WEBSITE'S INTENDED AUDIENCE

Our Website is intended for and directed to residents of the United States and for persons over the age of 18. This Website is not intended for or marketed to anyone under the age of 18. You must be 18 years old or the age of majority in Your jurisdiction of residence to use the services offered on our Website.

NOT LEGAL, TAX OR INVESTMENT ADVICE

Financial Wellness Labs does not provide insurance, tax or investment advice. The Website and its contents are not intended for and should not be construed as legal or tax advice. The Website does not constitute a solicitation of an offer to buy or an offer to sell products, securities, stocks, bonds, or any other similar financial product. For information specific to Your personal situation, consult with Your attorney, tax advisor, or investment advisor. The Website, the contents, and Financial Wellness Labs' services are intended to provide You with general information and assistance with respect to financial education and goals, and our services which may be able to assist You in developing a plan to modify financial behaviors and reach Your personal financial goals. We are not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the content made publicly available on the Website.

What are the basics of using FWL?

The Services include a variety of financial wellness tools for individuals, including in the form of benefits that employers can make available to their employees. The Services include helping with budgeting, saving and planning, including personalized coaching and behavioral insights.

In order to access the Services, you will be asked to register and create a user account. To sign up for a user account, you may be required to select a password and provide your email address (“FWL User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your FWL User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third-Party Account”), such as those offered by your employer, Google, or Microsoft. By using the Services through a Third-Party Account, you permit us to access certain information from such account for use by the Services.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal business or personal use, and not for commercial purposes or on behalf of or for the benefit of any third party unless expressly authorized by us, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your FWL User ID, account, or password with anyone, and you must protect the security of your FWL User ID, account, password, and any other access tools or credentials. You’re responsible for any activity associated with your FWL User ID and account.

FWL does not hold, receive, or transmit funds on your behalf and does not take custody of customer funds. Payments are processed by a third-party payment processor. FWL does not itself provide money transmission services.

What about electronic communications, including messaging?

By creating an account or using the Services, you consent to receive notices, account statements, and other information and otherwise communicate with us electronically and understand that this consent has the same legal effect as a physical signature. This consent applies to all interactions with us. You must have a computer or mobile device with internet access, a current web browser, and the ability to view PDF files and retain documents. You may request a paper copy of an electronic record by contacting support@questis.co; we may charge a reasonable fee unless prohibited by law. Keep your email address and phone number current in your account settings. You may opt out of marketing emails at any time via the unsubscribe link; you will continue to receive transactional or service-related emails. You may withdraw consent to receive all notices electronically by contacting us at support@questis.co, but withdrawal may limit your ability to use the Services and will not affect prior communications.

As part of the Services, you may receive communications through the Services, including messages that FWL sends you (for example, via email or SMS). By providing your mobile number and affirmatively opting in, you agree to receive automated marketing and transactional text messages from FWL at the number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Text STOP to cancel and HELP for help. You can also manage preferences in your account settings. We honor revocation requests promptly. You represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from FWL. You agree to indemnify and hold FWL harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services (“Usage Restrictions”)?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else (including FWL);

(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by FWL;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) jeopardizes the security of your FWL User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) attempts, in any manner, to obtain the password, account, or other information from any other user;

(f) violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) copies or stores any significant portion of the Content;

(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;

(k) makes available to FWL any sensitive personal information or documents through any insecure or non-encrypted method; or

(l) facilitates or attempts any scheme to defraud, impersonate another person, avoid rejection or disqualification, or otherwise misrepresent any material fact or circumstance for the purpose of qualifying for or receiving any Services.

A violation of any of the Usage Restrictions is grounds for termination of your right to use or access the Services. FWL expressly disclaims, and you hereby agree that FWL shall have, no responsibility or liability whatsoever for any loss arising out of or relating to your violation of our Usage Restrictions. You further acknowledge and agree that FWL has no contractual or legal obligation under these Terms to notify you if you violate our Usage Restrictions; any such notification is entirely voluntary and, if provided, shall not create any duty or liability on the part of FWL.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including FWL's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of personal use of the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than personal use of the Services is expressly prohibited without prior written permission from us. You understand that FWL owns the Services. You agree that you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by FWL. This may include connections you make, or that FWL makes on your behalf, to third-party accounts to verify account balances and payments and other financial information. By linking a third-party account, you authorize FWL and our data connectivity providers to access, transmit, and store information from that account (such as balances and transactions) to provide the Services. You may disconnect at any time via your account settings. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that FWL is not responsible for such risks. FWL has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, FWL will not and cannot monitor, verify, censor or edit the content of any third-party website or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

The Services may contain calculators to provide estimates of savings amounts (“Calculators”). These Calculators are for illustrative and informational purposes only. FWL makes no representations that the amounts reflected through the Calculators will be accurate.

FWL is not a consumer reporting agency, does not furnish information to consumer reporting agencies, and does not obtain consumer reports to determine your eligibility for credit or other services. We do not offer credit repair services and do not remove or modify accurate, lawfully reported credit information.

If there is a dispute between participants on our website(s) or the Services, or between users and any third party, you agree that FWL is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release FWL, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” For residents of New Jersey, nothing in this release limits rights or remedies that cannot be waived by contract under applicable law.

Will FWL ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason, including, but not limited to, if someone alleges you contributed that Content in violation of these Terms, in our sole discretion, and without notice.

Do the Services cost anything?

There is a monthly fee for access to the Services. If you are paying FWL directly, your monthly fee will be disclosed when you set up your account. If you agree to pay monthly, you authorize FWL (and our payment processor) to initiate recurring charges for the monthly fee (and any applicable taxes) to your designated bank account or payment card at the disclosed interval until you cancel. You may revoke authorization or update your payment method in your account. If you believe an unauthorized debit occurred, contact your bank promptly to preserve your rights under the Electronic Fund Transfer Act and contact us at support.

We will present the renewal terms and total recurring charges clearly and conspicuously before you complete your purchase and in a post-purchase confirmation email. We will provide advance notice of any price increase or material change to your Services and instructions on how to cancel before the change takes effect. Unless otherwise required by law or expressly stated, fees are nonrefundable; however, we may provide pro-rata refunds where required by law or in our discretion.

If you have access to the Services through your employer, it will pay the monthly fee on your behalf.

What if I want to stop using the Services?

You’re free to cancel the Services and close your account at any time by contacting us at support@questis.co; Your cancellation will take effect at the end of the then-current billing period unless otherwise stated. We will send a cancellation confirmation that includes the effective date. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have cancelled. Please note that due to our regulatory obligations, we will not be able to delete all of the information we hold about you immediately upon request, though any information we continue to hold will be held in compliance with our Privacy Policy.

FWL is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our sole discretion, including your breach of these Terms. FWL has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have terminated your account by mistake, contact us immediately at support@questis.co. We will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including, without limitation, the Arbitration Agreement.

What else do I need to know?

Security. We implement reasonable administrative, technical, and physical safeguards designed to protect your information. In the event of a data breach affecting your information, we will provide notices as required by applicable law.

Artificial Intelligence. We may use artificial intelligence (“AI”) technologies, including but not limited to machine learning systems and automated decision-making tools, in the course of our business operations to enhance, support, or deliver our Services. We are committed to maintaining the confidentiality of all of the information you provide to us and will not use any such information to train, develop, or improve any third-party large language model or similar third-party AI system. Our use of AI technologies is subject to applicable data protection and privacy laws, our Privacy Policy and any other relevant federal, state, or local regulations. While we try to ensure the accuracy and reliability of AI-generated outputs, such outputs may not always be error-free or suitable for all purposes, and we disclaim any liability arising from reliance on AI-generated content.

Inaccuracies. The Services display your financial and other information, which, through no fault of our own, may be inaccurate or false. It is the user’s responsibility to review and verify any such financial information against account statements and other materials received from financial institutions. If you believe that the financial information you have provided to us, or that has been provided to us on your behalf by a third-party you have authorized, in connection with your FWL user account does not accurately reflect your financial information, we recommend that you contact the financial institution which holds your account or other applicable third-party. Once you have confirmed any corrections needed to your financial information, please provide us with the updated information. For assistance in making such corrections, please contact us at support@questis.co.

Warranty Disclaimer. You understand and agree that we are not a financial institution, credit repair company, debt consolidator, debt adjuster, credit reporting agency, loan servicer, financial adviser, tax adviser or investment advisor or broker. Any information provided through the Services is not intended to provide financial, legal or tax advice. To receive advice specific to your personal situation, you will need to consult with your attorney, tax advisor, or investment advisor. The Services are intended to provide you with general information and assistance with respect to financial education and achieving financial goals. Our Services may be able to assist you in developing a plan to modify financial behaviors and reach your personal financial goals. We are not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the Content or the Services. FWL and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (FWL and all such parties together, the “FWL Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the FWL Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of Content or other material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of your use of, or in any way related to your participation in, the Services. The FWL Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. You assume total responsibility and risk for your use of the Services, including any financial decisions you make. THE SERVICES AND CONTENT ARE PROVIDED BY FWL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We make no representation that any options provided through the Services will be successful or achieve a particular outcome. We assume no liability, obligation or responsibility for any third-party financial institution listed through the Services, their actions or your relationship with them. Any correspondence, applications, or agreements, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with your relationship with such third parties, are solely between you and the third party and may change at any time. In using our Services, we do not guarantee that you will be able to reduce your debt or improve your financial position.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE FWL PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU, IF ANY, TO FWL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Nothing in these Terms will exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law. Without limitation, nothing herein will exclude or limit liability for gross negligence, willful misconduct, or for violations of statutes for which liability cannot be disclaimed. The foregoing also does not limit any non-waivable rights under New Jersey’s consumer protection laws.

Indemnity. You agree to indemnify and hold the FWL Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact

information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your access to Services, in any way (by operation of law or otherwise) without FWL's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with FWL and limits the manner in which you can seek relief from FWL. By agreeing to this Arbitration Agreement, you are waiving your right to file a lawsuit in court (except as expressly allowed below), to have a judge or jury decide your claims, and to participate in a class or representative action. Arbitration is a private dispute-resolution process, not a court proceeding. This Arbitration Agreement governs the forum for resolving disputes and does not limit any non-waivable rights or remedies under applicable law. You may still file complaints with federal, state, or local agencies.

Both you and FWL acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, FWL's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Bergen County, New Jersey. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be construed to limit any rights you have under applicable law to bring claims in small claims court or to seek public injunctive relief where such rights cannot be waived by agreement.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. FWL will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. FWL will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or FWL may assert claims, if they qualify, in small claims court in Bergen County, New Jersey or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND FWL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and FWL are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and FWL over whether to vacate or enforce an arbitration award, YOU AND FWL WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this

waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor FWL is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 4 West Palisade Ave, Suite 1210, Englewood, NJ, 07631 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or FWL to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and FWL agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Bergen County, New Jersey, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with FWL.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that FWL may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of a party to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and FWL agree that these Terms, the FWL Services Agreement (if applicable), any Additional Terms and the Privacy Policy are the complete and exclusive statement of the mutual understanding between you and FWL, and that all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, including any agreements with or information received from third parties, are hereby superseded and canceled. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of FWL, and you do not have any authority of any kind to bind FWL in any respect whatsoever. You may not use the Services in violation of U.S. export control or sanctions laws, including those administered by OFAC and the U.S. Department of Commerce. You represent that you are not located in, under the control of, or a national or resident of any restricted country or on any restricted list.

Except as expressly set forth in the section above regarding the arbitration agreement, you and FWL agree there are no third-party beneficiaries intended under these Terms.

Accessibility. We are committed to making the Services accessible and usable in accordance with WCAG 2.1 AA. If you encounter accessibility barriers, contact us at support for assistance and accommodations.

Contact Information

Financial Wellness Labs, Inc.

4 West Palisade Ave, Suite 1210, Englewood, NJ, 07631

support@getfinley.com

CONTACT US

If You have any questions about these Terms or our Services, please contact us at support@getfinley.com