Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Fundex Inc ("Fundex," "we," "us," or "our"), governing your access to and use of the Fundex investor relationship management platform, including all related software, services, APIs, and content (collectively, the "Service"), accessible at usefundex.com and app.usefundex.com.

By clicking "I agree," creating an account, or otherwise accessing or using the Service, you accept and agree to these Terms. If you do not agree, you may not access or use the Service.

Service

The Fundex investor CRM platform, including the web application, APIs, mobile interfaces, and all associated features and functionality.

Customer Data

All data, content, and information uploaded, submitted, or otherwise transmitted to the Service by you or your Users, including investor contact records, fund details, activity logs, and email content.

User

Any individual authorized by you to access the Service under your account, including employees, contractors, and agents.

Subscription

A recurring paid license to access and use the Service, billed monthly or annually as selected at checkout.

Tenant

Your isolated instance of the Service. All Customer Data is scoped to your Tenant and is not shared with other customers.

Personal Data

Any information relating to an identified or identifiable natural person, as defined under applicable data protection law (including GDPR and CCPA).

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By registering, you represent and warrant that you meet these requirements.

When creating an account, you must provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately at security@usefundex.com of any unauthorized access or security breach.
• Ensuring that all Users comply with these Terms.

Plans & Renewal

The Service is offered on a subscription basis. Your subscription begins on the date you select a paid plan and renews automatically at the end of each billing period (monthly or annual) unless cancelled before the renewal date.

Pricing & Fee Changes

We reserve the right to change subscription fees. For existing subscribers, fee changes take effect at the start of the next billing cycle, with at least 30 days' advance notice via email.

Payment Processing

Payments are processed by Stripe, Inc. By providing payment information you authorize Stripe to charge your payment method on a recurring basis. You are responsible for keeping payment information current. Failed payments may result in service interruption.

Refund Policy

All fees are non-refundable except where required by law. If you cancel a monthly plan, you retain access until the end of the current billing period. Annual plans cancelled within 14 days of renewal may be eligible for a prorated refund at our discretion. Contact billing@usefundex.com for billing inquiries.

Taxes

Fees do not include applicable taxes. You are responsible for all taxes, duties, or levies associated with your subscription.

You agree to use the Service only for lawful purposes. You must not:

• Violate any applicable local, state, national, or international law or regulation.
• Send unsolicited commercial email (spam) or conduct deceptive outreach campaigns.
• Upload or transmit viruses, malware, or any malicious code.
• Attempt to gain unauthorized access to any part of the Service or any third-party systems.
• Scrape, crawl, or use automated tools to extract data from the Service beyond what is permitted by our API.
• Resell, sublicense, or offer the Service as a white-label product without our written consent.
• Use the Service to store or process sensitive personal data categories (health, financial account numbers, government IDs) without a signed Data Processing Addendum.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Impersonate any person, entity, or the Company.
• Interfere with or disrupt the integrity or performance of the Service.

We reserve the right to suspend or terminate accounts that violate these restrictions without notice.

Fundex IP

The Service and all related software, designs, text, graphics, logos, algorithms, and documentation are the exclusive property of Fundex Inc or its licensors, protected under United States and international copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any ownership interest in the Service.

License to Use

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.

Your Feedback

If you submit ideas, suggestions, or feedback about the Service, you grant us a royalty-free, irrevocable license to use such feedback for any purpose without compensation to you.

Your Data, Your Rights

You retain full ownership of all Customer Data you submit to the Service. We do not claim any intellectual property rights over your data.

License to Process

You grant us a limited license to store, process, and use your Customer Data solely to provide and improve the Service, as described in our Privacy Policy. We will not sell your data or share it with third parties except as required to deliver the Service.

Investor & CRM Data

The Service stores contact information for investors and fund managers uploaded by you. You represent and warrant that you have a lawful basis to store and process this data, and that your outreach activities comply with applicable anti-spam and data protection laws (including CAN-SPAM, CASL, GDPR, and CCPA).

Data Processing Agreement

For customers subject to GDPR or CCPA who process Personal Data using the Service, a Data Processing Addendum (DPA) is available upon request at privacy@usefundex.com.

Each party may disclose confidential information to the other in connection with the Service. The receiving party agrees to:

• Hold confidential information in strict confidence using at least the same degree of care as it uses for its own confidential information (but no less than reasonable care).
• Not disclose confidential information to third parties without prior written consent.
• Use confidential information solely to exercise rights or fulfill obligations under these Terms.
• Limit disclosure to employees or contractors who need access and are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is publicly known, independently developed, received from a third party without restriction, or required to be disclosed by law.

If you access the Service via API, you must comply with our API documentation and any rate limits we publish. Automated access must:

• Include a descriptive User-Agent header identifying your application.
• Respect rate limits and not circumvent throttling controls.
• Not be used to scrape or bulk-export data beyond your own Customer Data.
• Use API keys and OAuth tokens securely and not expose them publicly.

We reserve the right to suspend API access for accounts that abuse or misuse the API. API access may require a separate agreement for high-volume or commercial use.

The Service integrates with third-party services including email providers (Nylas), payment processors (Stripe), AI providers (OpenAI, Anthropic), analytics (Google Analytics), and others. Your use of these integrations is subject to the respective third-party terms.

When you connect a third-party account (such as Google or Microsoft email), you authorize us to access the scopes you approve. You may revoke these connections at any time from your account settings.

We are not responsible for the availability, accuracy, content, or practices of third-party services. Links to third-party sites do not constitute an endorsement.

We target 99.5% monthly uptime for the Service, excluding scheduled maintenance windows and events beyond our reasonable control. We will provide advance notice of scheduled downtime via email or in-app announcement where practicable.

The Service is hosted on Microsoft Azure (East US). We implement commercially reasonable backup and disaster recovery procedures. In the event of data loss due to our systems failure, we will use reasonable efforts to restore from the most recent backup.

To the maximum extent permitted by applicable law:

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

We do not warrant that the Service will meet your specific requirements, that results obtained from the Service will be accurate or reliable, or that any errors in the Service will be corrected. AI-generated content and recommendations provided by the Service are for informational purposes only and do not constitute financial, legal, or investment advice.

To the maximum extent permitted by applicable law:

In no event shall Fundex Inc, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising from or relating to these Terms or your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under or related to these Terms shall not exceed the greater of: (a) the total fees paid by you to Fundex in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Fundex Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your Customer Data or your use of Customer Data in the Service.
• Your violation of any third-party right, including any intellectual property or privacy right.
• Your violation of applicable law in connection with your use of the Service.

Termination by You

You may cancel your subscription at any time from your account settings or by contacting info@usefundex.com. Cancellation takes effect at the end of the current billing period.

Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if you breach any provision of these Terms, fail to pay fees, or if we are required to do so by law.

Effect of Termination

Upon termination, your right to access the Service ceases immediately. We will retain your Customer Data for 30 days post-termination, during which you may request an export. After 30 days, data will be deleted in accordance with our Privacy Policy. Provisions that by their nature should survive termination (including Sections 6, 7, 8, 12, 13, 14, and 16) shall survive.

Governing Law

These Terms are governed by the laws of the State of Connecticut, United States, without regard to its conflict-of-law provisions.

Dispute Resolution

Before filing a formal legal claim, you agree to contact us at legal@usefundex.com and attempt to resolve the dispute informally for at least 30 days.

If the dispute is not resolved informally, any legal action must be brought exclusively in the state or federal courts located in Fairfield County, Connecticut. You consent to personal jurisdiction and venue in such courts.

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email to the address associated with your account or by displaying a prominent notice in the Service.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.

We maintain a change log of all material revisions. You may request prior versions by contacting legal@usefundex.com.

If you have questions about these Terms of Service, please contact us: