Welcome to theAI!

theAI ("theAI", the "Company", "we", "us", or "our") provides a variety of products and services designed to help users manage their personal finances, such as budgeting, expense tracking, investment analysis, and retirement planning through AI-powered insights (the "Services"). Our Services are offered by Fortune Cookie Technologies Inc. through our web site, https://theAI.io, other platforms that we may make available from time to time (the "Platform").These Terms of Use (these "Terms") (i) set forth the terms and conditions that govern your access to and use of the Platform and Services and (ii) form a legally binding agreement between us and you and/or the entity you represent ("You", "Your", or "User", and each of you and us, a "Party").

ACCEPTANCE OF TERMS AND PRIVACY POLICY

Your use of the Platform or Services depends on your agreement to these Terms. By accessing or using the Platform or Services in any way, you expressly confirm that you accept and agree to follow these Terms, including all terms referenced within them.

By agreeing to these Terms, you also consent to how we collect, use, share, and manage your information as explained in our Privacy Policy, which is available at [site] and is considered part of these Terms. Whenever these Terms are mentioned, the Privacy Policy is included as well. If you do not agree to these Terms, you are not permitted to access or use the Services.

1. Beta Testing Notice

theAI's Platform is currently in beta testing, and access to this program is granted solely by theAI and cannot be transferred. You may use the Platform and Services only for lawful purposes. You acknowledge that the Platform, its features, and data flow are part of a limited beta phase designed to evaluate early-stage functions and the underlying system. The Platform is offered "as-is" and "as-available" during this beta to collect feedback on performance and usability.

Throughout the beta, theAI may introduce new or updated pre-release features and trial services for you to test. theAI is not required to provide any particular beta features. If you choose to use them, you agree to comply with theAI's guidelines. Participation in the beta means you accept these Terms as if the Platform were a finished product. theAI can modify or end any beta feature at any time without notice.

You understand that using beta features might prevent you from reverting to earlier versions of those features. Even if reversion is possible, data generated during beta testing may not be recoverable in older versions. Beta features may include bugs or errors that could cause failures, interruptions, downtime, or data loss. You acknowledge that using beta features is entirely at your own risk and you agree to be bound by these Terms.

2. Changes to Terms

We reserve the right to change these Terms at any time, at our sole discretion, without prior notice. When we update the Terms, we will try to notify you by posting the revised version on the Platform. It is important that you review the Terms each time they are updated, because continuing to use the Platform or Services after changes means you accept the new Terms.

If you disagree with the updated Terms, you must stop using the Platform and Services. Please make sure to regularly check the website to see the most current Terms.

3. Who May Use the Services

By using the Platform or Services and accepting these Terms, you confirm and guarantee that:

• You are legally of age and have the capacity to enter into binding agreements. If you are agreeing on behalf of an organization (like your employer), you have the authority to legally bind that organization to these Terms.
• Neither you nor any controlling entity associated with you is subject to sanctions or listed on any restricted or prohibited parties' lists maintained by relevant authorities, such as the United Nations Security Council, the UK government, the U.S. Treasury or Commerce departments, the European Union, or similar bodies. These individuals or entities are referred to as "Restricted Persons."
• You are not a resident, citizen, national, agent, or affiliated with any organization incorporated or doing business in countries or regions subject to sanctions or embargoes by the U.S., UK, EU, United Nations, or other relevant authorities. These include, but are not limited to, Belarus, Burundi, Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Iran, Iraq, Libya, North Korea, Somalia, Sudan, Venezuela, Zimbabwe, and other similarly sanctioned territories (collectively the "Restricted Territories").
• You do not intend to engage in transactions with any Restricted Persons or in Restricted Territories.
• Your use of the Platform or Services complies with all applicable laws and regulations, does not violate any legal restrictions, and does not support or facilitate any illegal activities.

Using software or networking methods—such as Virtual Private Networks (VPNs)—to change your IP address or bypass geographic restrictions is strictly prohibited. Any attempt to access or use the Platform from prohibited jurisdictions violates these Terms and may result in immediate termination of your access.

Neither the Platform nor its Services should be interpreted as an offer or solicitation in locations where such actions are unauthorized or illegal.

We do not guarantee that the information, products, or services on the Platform are appropriate or lawful for use in other regions. Accessing or using the Platform in any jurisdiction where it conflicts with local laws or would require us to comply with local registration or legal rules is not permitted.

We reserve the right to suspend or restrict your access to the Platform at any time if you violate these Terms, or if we decide, at our sole discretion, that you no longer meet eligibility requirements. We may also impose limitations on access for individuals, entities, or geographic regions as we see fit. We are not responsible for any losses or damages caused by restricted or suspended access.

4. Account Registration and Your Information

To use the Platform and/or access the Services, you must first create an account with us ("Account").

If you create an Account, you agree to keep your login information confidential and not let anyone else use your Account. You must notify us right away if you learn of any unauthorized use. You are responsible for everything that happens under your Account, whether or not you were aware of it, including all your actions on the Platform or through the Services.

We may suspend or terminate your Account if you give false, incorrect, or incomplete information, or if you don't follow the Account registration rules or these Terms (including any updates). Your access to the Platform or Services can be suspended or ended at any time, for any reason, and at our sole discretion, without us being liable to you. theAI will not be responsible for any losses or damages related to such suspension or termination.

If your access to the Services is cut off by theAI, you agree not to try to access the Services through another Account, a third-party Account, or by any other means. If you do violate this rule, we have the right to take immediate action as described in these Terms, without any prior notice or warning.

5.Account Registration and Your Information

When you use our Platform and Services, you may also access features provided by third parties. Your use of these third-party services ("Third-Party Services") is subject to their own privacy policies, terms of use, and any fees they may charge.

These Third-Party Services are not controlled by theAI, and we are not responsible for them in any way. We offer them purely for your convenience and do not review, endorse, guarantee, or make any promises about their products or services.

You use any links or features from Third-Party Services at your own risk. It is your responsibility to read and understand the terms, privacy practices, and policies of those third parties and to conduct any necessary checks before engaging in any transactions or interactions with them.

6.Feedback

We appreciate and welcome your feedback, comments, ideas, and suggestions for improving the Platform and Services ("Feedback"). By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license. This license permits us to use, reproduce, modify, create derivative works from, enhance, and otherwise fully utilize and commercialize the Feedback and any related developments in any manner and for any purpose.

7.Content Ownership, Responsibility, and Removal

For the purposes of these Terms, (i) "Content" includes all forms of information available through the Platform or Services, such as text, graphics, images, music, software, audio, video, and other creative works; (ii)"User Content" means any materials that users or account holders (including you) upload, submit, store, send, post, or make accessible via the Platform, Services, or integrated channels—excluding Feedback. User Content is a subset of Content.

We do not claim ownership of your User Content, and these Terms do not limit your rights to use the materials you contribute. Unless explicitly stated in writing, we do not endorse, promote, verify, evaluate, authorize, or solicit any User Content. User Content may be protected by legal or constitutional rights and should not be considered a solicitation.

Except for User Content, we and our licensors exclusively own all rights, titles, and interests in and to the Platform, Services, and all Content, including all associated intellectual property rights. The Platform, Services, and Content are protected by copyright, trademark, and other international laws.

You agree not to remove, change, or cover up any proprietary or ownership notices on the Platform, Services, or Content.

8.Rights in User Content Granted by You

You grant theAI a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable, and transferable license to use your User Content. This includes rights to reproduce, distribute, create derivative works from, publicly display, and publicly perform your User Content, all subject to the terms of the Privacy Policy.

You also confirm and guarantee that you have the legal right and authority to submit your User Content, and that your User Content, or any part of it, does not infringe upon or violate any intellectual property rights or other rights of any third party.

You understand and agree that even if you delete your User Content (like posts or comments), some of it may not be fully removed from the Services, and copies may remain. theAI is not responsible or liable if your User Content is not entirely removed or deleted as requested.

9.Rights in Platform and Services Granted by theAI

theAI and its licensors hold exclusive ownership of all rights, titles, and interests in the Platform and Services, except for the User Content you provide and any open source software included. You must use the Platform and Services strictly in accordance with these Terms. theAI grants you a limited, personal right to use the Platform solely for accessing the Services for your individual use and in compliance with these Terms. If you want to create a commercial application using the Services, you need explicit prior written approval from theAI.The Services may incorporate or link to certain open source software, and your use of the Services is subject to the applicable licenses that govern that open source software. These Terms do not limit your rights under those open source licenses or grant you any rights that override them. If an open source license requires it, theAI will provide you with the relevant source code and any modifications upon written request sent to the designated notice address.theAI does not have any obligation to provide you with ongoing support or maintenance for the Services. You agree to use the Platform and Services only as expressly allowed in these Terms. You may not use theAI's or its affiliates' trademarks, service marks, trade names, logos, trade dress, or other identifying marks without obtaining prior written consent. Furthermore, you will not misrepresent your relationship with theAI, imply any endorsement, or suggest any affiliation without explicit authorization from theAI.

10.Fees

Using certain parts of the Services may involve fees, including but not limited to platform fees or other charges. Such fees may be introduced, modified, or removed at any time without prior notice and may be beyond theAI's control.

When using third-party features, including but not limited to financial account connection services provided through Plaid, additional fees or charges may apply. theAI is not responsible for any fees charged by these third-party services or external providers connected to the Platform or Services.

No guarantees are made about the accuracy, completeness, or suitability of any pricing or other information provided through the Platform or Services. All decisions you make based on this information, including trading or purchase decisions, are entirely your responsibility.

11.Acceptable Use and Enforcement Rights

You agree that you will not do any of the following:

• Use, display, mirror or frame the Platform or any individual element within the Platform, our name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Access, tamper with, or use non-public areas of the Platform, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or our providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
• Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user of the Services, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Use the Services in any manner that could damage, disable, overburden, or impair the Services;
• Modify or make derivative works of any part of the Services;
• Infringe or misuse our, our licensors', our users', or others' rights, including privacy, publicity, intellectual property, or additional entitlements;
• Use the Services to carry out any financial activities subject to registration or licensing, including but not limited to using the Services to transact in securities, debt financings, equity financings or other similar transactions;
• Collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; or
• Attempt to do or encourage or enable any other individual to do any of the foregoing.

While theAI is not required to monitor or review the Services and Content regularly, we may do so at any time at our sole discretion. We have the right to remove any Content for any reason—or no reason at all—including if the Content violates these Terms or applicable laws. Although we typically do not actively monitor user activity, if we become aware of any possible violations of these Terms by you, theAI reserves the right to investigate. Based on that investigation, we may immediately terminate your license to use the Services, modify, remove, or delete your User Content partially or entirely, and take any other actions we consider necessary to protect the Services and other users, all without prior notice to you.

12.Warranty Disclaimers

You explicitly acknowledge and agree that using the Platform, Services, and Content is entirely at your own risk. You bear full responsibility for ensuring the quality, performance, accuracy, and effort related to your usage. The Services are provided "as-is" and "as-available" without any express, implied, or statutory warranties. To the fullest extent allowed by law, theAI disclaims all warranties including but not limited to those of ownership, merchantability, fitness for a particular purpose, and non-infringement.

theAI does not guarantee that the Services will meet your needs, be uninterrupted, timely, secure, or free from errors, or that any results from their use will be accurate or reliable. Any content you download or access via the Services is your responsibility, and you assume all risk for any damage to your devices or other losses resulting from such access.

The Services may experience delays, cancellations, or disruptions. theAI makes no warranty regarding the quality, effectiveness, reputation, or other characteristics of the Services. Furthermore, any advice or information obtained from theAI or through the Services—whether spoken or written—does not create any warranty beyond what is expressly stated here.

13.No Investment Advice

WE MAY PROVIDE THIRD-PARTY-SOURCED DIGITAL ASSET DATA VISIBLE THROUGHOUT THE PLATFORM. WE MAY LABEL WARNINGS OR RESTRICT SERVICE INTERACTIONS WITH CERTAIN ASSETS. THE INFORMATION PROVIDED IS NOT A SOLICITATION FOR USER-INITIATED SWAPS; WE ARE NOT PROMOTING ANY ACTIONS THROUGH THIS DATA. ALL PRODUCT INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT ADVICE OR SAFETY ENDORSEMENTS. YOU ARE HEREBY INSTRUCTED NOT TO MAKE ANY INVESTMENT DECISIONS BASED ON OUR PRODUCT INFORMATION. OFFERING TOKEN DATA DOES NOT IMPLY INVESTMENT RECOMMENDATIONS OR ENDORSEMENTS OF ANY TRANSACTIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF INVESTMENTS BASED ON YOUR PERSONAL SITUATION. theAI EXPRESSES NO OPINIONS ON SPECIFIC TOKENS, TRADING STRATEGIES, PROTOCOLS, OR SYSTEMS.

14.No Professional Advice or Fiduciary Duties

All information provided in relation to your access and use of theAI's Platform and Services should not and cannot be interpreted as legal, financial, or professional advice.

You should avoid taking any action based on information found on theAI's Platform, in the Services, or in any other information theAI makes available. Before making any financial, legal, or other decisions involving theAI's Platform or Services or their use, you should seek guidance from an independent professional who is licensed, credentialed, and qualified in the relevant area.

theAI IS NOT A BROKER, FINANCIAL INSTITUTION OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN. theAI HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES THAT YOU EFFECT IN CONNECTION WITH YOUR USE OF THE SERVICES. theAI IS NOT CAPABLE OF PERFORMING TRANSACTIONS OR SENDING TRANSACTION MESSAGES WITHOUT YOUR ORDER. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICES ARE INITIATED BY YOU.

15.Indemnity

You agree to indemnify, defend, and hold harmless theAI, its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the "theAI Parties") from and against any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees. This indemnification covers issues arising from or related to your access to or use of the Platform, Services, or Content; your User Content; any Third-Party Services; or any violation of these Terms by you.

Furthermore, you acknowledge that any losses resulting from your cryptocurrency transactions and exchanges are your sole responsibility. You agree to indemnify, defend, and hold harmless theAI Parties from any claims, losses, or damages suffered by you or others due to your crypto asset transactions—even if those transactions were initiated through use of our Services.

16.Limitation of Liability

Under no circumstances will theAI Parties be responsible for any lost profits or any special, incidental, indirect, or consequential damages. This applies whether those claims arise from contract, tort, negligence, strict liability, or any other theory, and whether the use of the Services was authorized or unauthorized. This limitation holds even if any authorized representative of theAI knew or should have known about the possibility of such damages.

However, some jurisdictions do not allow limitations on liability for personal injury or certain incidental or consequential damages, so these limits might not apply to you.

In any case, theAI Parties' total liability to you for all damages will never exceed one hundred U.S. dollars (US$100.00) or the equivalent amount in your local currency.

These limitations on damages are essential parts of the agreement between you and theAI.

17.Governing Law

The performance, effectiveness, interpretation and dispute resolution of these Terms shall be governed by the laws of the state of California.

18.Waiver of Class or Other Non-Individualized Relief.

ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

19.Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

20.Contact Information

If you have any questions about these Terms or the Services, please contact us at earlybird@theai.io.