Please read carefully — these Terms include important provisions that affect your legal rights.
Section 14 contains a binding individual arbitration agreement and a class action waiver. By creating an account or using the Service, you agree that disputes will be resolved by individual arbitration and that you waive your right to participate in a class action, except where prohibited by law. You may opt out of arbitration within thirty (30) days of first accepting these Terms by following the instructions in Section 14(g).
1. Who We Are; Acceptance of Terms
These Terms of Service ("Terms") are a binding legal agreement between you and Biz Analytics Systems LLC, a Connecticut limited liability company doing business as finsay.ai ("finsay," "we," "our," or "us"), governing your access to and use of our websites, mobile applications, and AI-powered learning platform (collectively, the "Service").
By creating an account, clicking "I agree," or otherwise accessing or using the Service, you confirm that you (a) are at least eighteen (18) years old, (b) have read, understood, and agree to be bound by these Terms and our Privacy Policy, and (c) if you are accessing the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and the words "you" and "your" refer to both you and that organization.
The Service is offered to users in the United States and Canada only. If you do not agree with these Terms, do not use the Service.
2. The Service
finsay is an AI-powered educational platform for financial advisors, registered investment advisors, and other professionals. The Service provides interactive lessons, prompt-building tools, AI-generated practice feedback, knowledge assessments, and an AI assistant called "Aria."
The Service may evolve over time. We reserve the right to add, modify, or discontinue features at our discretion. We will use reasonable efforts to give prior notice of material changes that adversely affect paid subscribers.
3. Accounts and Eligibility
- You must provide accurate and complete account information and keep it current.
- You are responsible for safeguarding your credentials. Notify us immediately at support@bizanalyticsystems.com if you suspect unauthorized access.
- One account per person. You may not share credentials, sub-license access, or allow others to use your account.
- You are responsible for all activity occurring under your account.
- We may refuse, suspend, or terminate accounts at our discretion, including for suspected fraud or abuse.
4. Subscriptions, Trials, Billing, and Refunds
a. Free trial
We may offer a free trial period of up to fourteen (14) days. The trial automatically converts to a paid subscription at the end of the trial unless you cancel before the trial ends. You will not be charged during the trial. By starting a trial you authorize us to charge your payment method when the trial converts.
b. Paid subscriptions
Paid subscriptions are billed in advance on a monthly or annual basis at the price displayed on our pricing page at the time of purchase. All prices are in U.S. dollars unless otherwise indicated, and exclude any applicable taxes, which are your responsibility.
c. Auto-renewal
Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date. You can cancel auto-renewal at any time from the "Manage subscription" link in your account, which routes to the Stripe customer portal.
d. Refunds
Except where required by law, all fees are non-refundable. We do not provide pro-rated refunds for partial billing periods. You can continue to use the Service through the end of any paid period after cancelling.
e. Price changes
We may change subscription prices, but we will give you at least thirty (30) days' notice by email before the change takes effect. Continued use of the Service after the price change constitutes acceptance of the new price.
f. Failed payments
If a payment fails, we may retry, suspend access to paid features, and ultimately downgrade your account. You remain responsible for the unpaid amount.
5. Acceptable Use
You agree NOT to:
- Use the Service for any unlawful purpose, or in any way that infringes the rights of others
- Submit personal information about your firm's clients, including names, account numbers, Social Security numbers, or other identifiers
- Reverse engineer, decompile, scrape, or otherwise attempt to derive the source code, models, or training data of the Service
- Use any automated means (bots, crawlers, scripts) to access the Service except for our publicly documented APIs (if any)
- Resell, sub-license, or repackage Service output as your own product
- Probe, scan, or test the vulnerability of the Service or breach any security or authentication measures
- Upload viruses, malware, or other harmful code
- Use the Service to harass, threaten, or harm any person
- Misrepresent your identity, professional credentials, or affiliation
- Use the Service in any manner that could damage, disable, overburden, or impair our systems
We may suspend or terminate access for violations and may report illegal activity to law enforcement.
6. AI Features and Output
AI-generated content is informational and educational only.
The Service uses third-party large language models (currently Google Vertex AI / Gemini). By using AI features, you acknowledge and agree that:
- AI output may be wrong. AI may produce inaccurate, incomplete, biased, or out-of-date content. You must independently verify any factual claim, regulation, deadline, or recommendation before acting on it.
- You are solely responsible for any communication, document, or decision you produce using AI output, including any communication with your clients, regulators, or counterparties.
- Educational purpose only. Output is provided to help you learn how to use AI tools — it is not, and is not intended to be, a substitute for your own professional judgment.
- No regulatory or compliance advice. AI output regarding regulations, securities laws, tax matters, or compliance must be verified with authoritative sources or qualified counsel before any reliance.
- Subprocessor terms apply. Prompts you submit are processed by third-party AI providers under their applicable terms. We do not allow our subprocessors to use your prompts to train their foundation models.
You retain ownership of inputs you submit. Subject to your compliance with these Terms, you may use AI output you generate for your own personal and professional purposes. We retain ownership of the underlying Service, models, prompts, code, and curriculum.
7. No Financial, Legal, Tax, or Regulatory Advice
IMPORTANT
finsay is an educational platform. We are not a registered investment adviser, broker-dealer, law firm, accounting firm, or compliance consultant. Nothing on the Service constitutes investment, legal, tax, accounting, or regulatory advice.
Content on the Service — including AI-generated content, lessons, examples, prompts, templates, articles, and Aria responses — is provided for general educational and informational purposes only and:
- Does not constitute a recommendation to buy, sell, or hold any security or product
- Does not establish an advisory or fiduciary relationship between you and us
- Should not be relied upon as a substitute for advice from your own qualified counsel, CPA, or registered investment adviser
- May contain hypothetical scenarios, sample data, or simplifications that do not reflect actual market or regulatory conditions
You are solely responsible for your own compliance with the rules of the SEC, FINRA, NASAA, the CFP Board, your state securities regulator, and any other regulator with jurisdiction over your practice.
8. Intellectual Property
a. Our IP
The Service, including all software, models, prompts, curriculum, lessons, templates, branding, logos, and design elements, is owned by us or our licensors and is protected by U.S. and international copyright, trademark, and other laws.
b. Your content
You retain ownership of content you submit ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, transmit, and process Your Content solely for the purpose of providing, securing, and improving the Service. We will not use Your Content to train AI models without your separate written consent.
c. Feedback
If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without obligation to you.
9. Privacy
Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. Indirect and consequential damages excluded
IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Aggregate liability cap
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) FIVE HUNDRED U.S. DOLLARS ($500), OR (ii) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, statute, or otherwise) and even if a remedy fails of its essential purpose. Some jurisdictions do not allow these limitations, so they may not apply to you in full.
c. Carve-outs
The exclusions and limitations in this Section 11 do not apply to: (i) your indemnification obligations under Section 12; (ii) liability arising from your breach of Section 5 (Acceptable Use), Section 8 (Intellectual Property), or your obligations regarding confidentiality of finsay's non-public information; (iii) liability arising from your fraud, gross negligence, or willful misconduct; (iv) amounts owed by you for the Service; or (v) any liability that cannot be limited or excluded under applicable law.
d. Mutual application
The aggregate cap in subsection (b) above applies separately to each party's liability and is not consumed by the other party's claims. The exclusion of indirect and consequential damages in subsection (a) above is reciprocal.
12. Indemnification
a. By you
You agree to defend, indemnify, and hold harmless finsay, its officers, directors, employees, agents, affiliates, and licensors from and against any third-party claim, demand, or proceeding (and resulting damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees) arising from or related to: (i) your breach of these Terms or any applicable law; (ii) Your Content; (iii) your use of AI output of the Service in any communication, recommendation, or document delivered to a client, prospect, regulator, or counterparty; or (iv) your unauthorized use of the Service.
b. By finsay
finsay will defend, indemnify, and hold harmless you from and against any third-party claim that the Service, as provided by finsay and used in accordance with these Terms, directly infringes a U.S. copyright or registered U.S. trademark. finsay's obligation under this Section 12(b) is finsay's sole and exclusive obligation, and your sole and exclusive remedy, with respect to any such claim. finsay's obligation under this Section 12(b) does not apply to any claim arising from: (i) your use of the Service in combination with software, data, or services not provided by finsay where the claim would not have arisen but for the combination; (ii) modifications to the Service made by anyone other than finsay; (iii) Your Content; (iv) any AI output, prompt, or response (which is governed by Section 6); or (v) your continued use of an infringing version after finsay has provided a non-infringing alternative.
c. Mitigation
If the Service becomes, or in finsay's reasonable judgment is likely to become, the subject of a claim under Section 12(b), finsay may at its option and expense (i) procure for you the right to continue using the Service, (ii) modify or replace the Service so that it is non-infringing, or (iii) terminate your subscription and refund a pro-rata portion of any prepaid fees for the period after termination.
d. Procedure
The party seeking indemnification (the "Indemnified Party") will: (i) promptly notify the other party (the "Indemnifying Party") in writing of any claim (provided that delay in notice will only relieve the Indemnifying Party of its obligations to the extent it is materially prejudiced); (ii) give the Indemnifying Party sole control of the defense and settlement; provided that the Indemnifying Party may not settle any claim that imposes a non-monetary obligation on the Indemnified Party without the Indemnified Party's prior written consent (not unreasonably withheld); and (iii) provide reasonable cooperation at the Indemnifying Party's expense.
13. Suspension and Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including breach of these Terms, suspected fraud, non-payment, prolonged inactivity, or discontinuation of the Service. You may terminate your account at any time via the account settings or by emailing support@bizanalyticsystems.com.
Sections that by their nature should survive termination (including Sections 4, 6 through 12, 14, 15, and 18) will survive.
14. Binding Individual Arbitration; Class Action Waiver
Read this section carefully. It limits how disputes are resolved.
a. Informal resolution first
Before filing any formal claim, you agree to first contact us at legal@bizanalyticsystems.com with a written description of your claim and what relief you seek. We will attempt in good faith to resolve the matter within sixty (60) days.
b. Agreement to arbitrate
If the dispute is not resolved informally, you and finsay agree to resolve any and all disputes, claims, or controversies arising out of or relating to these Terms or the Service through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, at JAMS' election, its Comprehensive Arbitration Rules and Procedures), and not in court, except as expressly provided below.
Delegation. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 14, including any claim that all or any part of this Section 14 is void or voidable.
c. Class action waiver
You and finsay each waive the right to participate in a class action, class arbitration, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable, the entirety of this Section 14 will be null and void and the parties will litigate in court as set forth in Section 15.
d. Location and costs
Arbitration will take place in Hartford, Connecticut, or, at your election, by videoconference or in the federal judicial district where you reside. Each party will bear its own attorneys' fees and costs, except (i) as the arbitrator may award under any statute that provides for fee-shifting (including the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. §42-110g), and (ii) finsay will pay the JAMS filing fee for any individual consumer claim of less than ten thousand U.S. dollars ($10,000).
e. Exceptions
The following claims are excluded from arbitration: (i) small claims court proceedings within the dollar limit of that court, brought on an individual basis; (ii) claims for injunctive or other equitable relief to stop misuse or infringement of intellectual property; and (iii) any claim that, by law, cannot be arbitrated.
f. Federal Arbitration Act
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.
g. 30-day right to opt out
You may opt out of this Section 14 by emailing legal@bizanalyticsystems.com within thirty (30) days of (i) first accepting these Terms, or (ii) the effective date of any material amendment to this Section 14 that is adverse to you. The email must include your full name, the email address on your account, and the statement: "I opt out of the arbitration agreement." Opting out does not affect any other provision of these Terms.
h. Batched arbitration
If twenty-five (25) or more similar arbitration demands are filed against finsay by or with the assistance of the same or coordinated counsel within a sixty (60) day period, you and finsay agree that JAMS will administer the demands in batches of no more than fifty (50) demands per batch. Each batch will be assigned a single arbitrator and will be resolved sequentially. Filing fees for each batch will be assessed on a pro-rata basis and tolled pending sequential resolution. Statutes of limitations and any contractual time limits are tolled for any demand awaiting batched assignment.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Connecticut, without regard to its conflict-of-law principles. For any dispute not subject to arbitration under Section 14, you and finsay submit to the exclusive jurisdiction of the state and federal courts located in Hartford County, Connecticut, and waive any objection to venue or forum.
16. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failures, third-party service outages, government action, or pandemic.
17. Beta Features and Beta Program
We may offer features marked "Beta," "Preview," or similar. Beta features are provided AS IS, without any warranties or service levels, and we may modify or remove them at any time. Participants in our founding-partner / beta program may be subject to a separate written agreement that supplements these Terms; in case of conflict, the beta agreement controls for that participant.
18. Miscellaneous
- Notices. We may send notices via email to the address on your account, or via in-app notice. Notices to us must be sent to legal@bizanalyticsystems.com and to the mailing address in Section 19.
- No waiver. Our failure to enforce any provision is not a waiver of that provision.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
- No third-party beneficiaries. These Terms do not create third-party beneficiary rights.
- Entire agreement. These Terms (together with the Privacy Policy and any beta or order-form addendum) are the entire agreement between you and us regarding the Service and supersede all prior agreements.
19. Contact
Questions about these Terms? Contact:
Biz Analytics Systems LLC (dba finsay.ai)
70 Edgewood Ln
Glastonbury, CT 06033
United States
Legal: legal@bizanalyticsystems.com
Support: support@bizanalyticsystems.com