Terms of Service — FundWise Money Finder

Please read these Terms of Service carefully. By accessing or using money.fundwise.com or any FundWise service, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

1. Agreement and Parties

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Fundwise Capital LLC ("FundWise," "we," "us," or "our"), a Utah limited liability company located at 130 North University Avenue, Provo, Utah 84601. These Terms govern your access to and use of the FundWise Money Finder platform at money.fundwise.com and all related services, tools, dashboards, and communications (collectively, the "Services").

These Terms apply to all users of the Services, including:

Business owners and their representatives who use the Money Finder quiz to assess tax credit eligibility ("Quiz Users"); and
Individuals and entities who register as affiliates to market federal tax credit programs and/or recruit sub-affiliates through the FundWise platform ("Affiliates").

2. Eligibility

To use the Services, you must:

Be at least 18 years of age;
Be a legal resident or entity organized under the laws of the United States;
Have the legal authority to enter into binding contracts; and
Not be prohibited from using the Services under applicable law.

By using the Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

3. The FundWise Platform — What We Do and Do Not Do

3.1 What FundWise Provides

FundWise is a tax credit marketing platform that:

Helps business owners identify potential eligibility for federal tax credit programs (WOTC, R&D Tax Credit, FICA Tip Credit, and Cost Segregation) through an online quiz;
Provides general, illustrative estimates of potential tax credit values based on information you enter — not legal or tax advice;
Coordinates a free professional eligibility analysis on behalf of interested business owners with our tax credit specialists;
Provides Affiliates with marketing tools, AI-powered outreach capabilities, and campaign management features to promote federal tax credit programs; and
Tracks affiliate referrals and commission pipelines.

3.2 What FundWise Does NOT Provide

FundWise is NOT a tax advisory firm, law firm, accounting firm, or financial institution. Specifically:

We do not provide tax advice, legal advice, or financial advice;
We do not guarantee that any business qualifies for any tax credit program;
We do not guarantee any specific savings amount, credit amount, or financial outcome;
We do not process, file, or submit any tax returns or tax credit claims; and
We do not act as a tax preparer, enrolled agent, or representative of the IRS.

Important: Any tax credit estimates provided through the Money Finder quiz are illustrative only. They are based on information you provide and general program parameters. Actual eligibility and credit amounts are determined by the tax credit specialists following their professional analysis. Results vary based on individual business circumstances.

4. Quiz Users — Specific Terms

4.1 Quiz Submission

By completing the Money Finder quiz, you:

Represent that all information you provide is accurate and complete to the best of your knowledge;
Consent to receive communications from FundWise, including email and (if you opt in) SMS, regarding tax credit programs and the FundWise platform;
Acknowledge that FundWise may share your information with the tax credit specialists who perform the free eligibility analysis (see our Privacy Policy); and
Understand that submitting the quiz does not create a client relationship with FundWise or the analyzing specialists.

4.2 No Obligation

Completing the quiz is free and creates no obligation to purchase any service. If you choose to proceed with a tax credit specialist's analysis, any engagement is governed by your direct agreement with that specialist. FundWise is not a party to that relationship.

5. Affiliates — Specific Terms

5.1 Affiliate Account

To become an Affiliate, you must register at fundwise.com/affiliates and agree to these Terms. By creating an Affiliate account, you represent that:

You are at least 18 years of age and legally permitted to engage in marketing activities;
You will comply with all applicable laws, including CAN-SPAM, TCPA, FTC regulations on endorsements and testimonials, and any applicable state marketing laws;
You have a lawful basis for contacting any leads you upload to the platform, including compliance with CAN-SPAM for email marketing; and
You will not use the platform to contact anyone who has previously opted out or requested no further contact.

5.2 Affiliate Tiers

FundWise offers the following affiliate service tiers, subject to change with notice:

Freemium (no charge): limited features as described on the platform;
Starter ($39/month): expanded features as described on the platform;
Pro ($99/month): full feature access as described on the platform; and
FundWise Partner: Affiliates who upgrade to a partner account receive their own dedicated advisor ID and unlocked commission rate. Eligibility and pricing for the partner tier are described on the platform.

Feature descriptions for each tier are provided on the platform and may be updated with reasonable notice.

5.3 Affiliate Conduct — Required Compliance

You MUST:

Use only FundWise-provided or FundWise-approved message templates when promoting tax credit programs;
Include required opt-out language in all marketing communications;
Obtain express written consent before sending SMS or WhatsApp messages to any contact;
Accurately represent the nature of the tax credit programs you promote;
Disclose your relationship with FundWise when required by law; and
Comply with all FTC guidelines on endorsements and testimonials.

You MUST NOT:

Make specific guarantees about the amount of tax credits any business will receive;
Claim to be a tax preparer, enrolled agent, or representative of the IRS;
Promote Employee Retention Credit (ERC/ERTC) programs through the FundWise platform;
Make false or misleading statements about any tax credit program;
Upload lead lists that were obtained through deceptive means or in violation of any law;
Use the platform to contact individuals who have opted out of your communications;
Spam, harass, or use deceptive tactics in any outreach; or
Represent that any specific business "will" or "is guaranteed to" qualify for any program.

Approved language example: "Businesses like yours in [industry] have typically recovered $X–$Y in unclaimed tax credits." Prohibited language: "You will save $X" or "You are guaranteed to qualify."

5.4 Your Lead Lists

You are solely responsible for any lead data you upload to the FundWise platform. By uploading a lead list, you represent and warrant that:

You have a lawful basis under CAN-SPAM and applicable state law to email the contacts on the list;
The list was not obtained through deceptive means;
You will not use the platform to send SMS to contacts who have not provided express written consent; and
You will immediately honor any opt-out or unsubscribe request.

FundWise is not liable for any legal violations arising from your use of your own lead data. You agree to indemnify and hold harmless FundWise from any claims arising from your lead list practices.

5.5 Commissions

Affiliate commissions are earned as follows:

Direct referral commissions: a share of FundWise's commission for each client you refer who becomes a paying tax credit client, at the rate displayed in your dashboard;
Sub-affiliate override: you earn an override commission on commissions earned by affiliates you recruit, at the rate displayed in your dashboard;
Platform subscription: affiliates you recruit who upgrade to paid tiers generate subscription revenue that contributes to FundWise's operations.

Important commission conditions:

Commissions are pipeline estimates until FundWise receives actual payment from the underlying tax credit engagement. FundWise's commission obligation to you is contingent upon FundWise receiving that payment.
Specialist fee structures and the resulting commission amounts depend on each client's actual savings, as determined by the analyzing specialists. FundWise cannot guarantee any specific commission amount.
FundWise reserves the right to adjust commission rates with 30 days' written notice. Changes do not apply retroactively to commissions already earned.
Commissions will not be paid for referrals that result from fraud, misrepresentation, or violations of these Terms.

5.6 Sub-Affiliate Recruiting

Affiliates may recruit sub-affiliates who operate under their account hierarchy. As a recruiting affiliate, you are responsible for ensuring your sub-affiliates comply with these Terms. Violations by your sub-affiliates that you knew about or should have known about may result in termination of your account.

6. Payments and Billing

6.1 Subscription Fees

Paid affiliate tiers are billed monthly in advance. All payments are processed through Stripe. By subscribing, you authorize FundWise to charge your payment method on a recurring monthly basis until you cancel. Subscription fees are non-refundable except as required by law or as expressly stated in these Terms.

6.2 Free Trial and Freemium

The Freemium tier is provided at no charge, subject to usage limits described on the platform. FundWise may modify or discontinue the Freemium tier with 30 days' notice.

6.3 Cancellation

You may cancel your paid subscription at any time through your account settings or by contacting us at legal@fundwise.com. Cancellation takes effect at the end of the current billing period. You will retain access to paid features through the end of the period for which you have paid. FundWise does not provide prorated refunds for mid-period cancellations.

6.4 Failed Payments

If a payment fails, we will attempt to collect payment up to three times over seven days. If payment is not collected, your account will be downgraded to the Freemium tier. We will notify you by email if this occurs.

7. Intellectual Property

7.1 FundWise's Property

All content, features, and functionality of the Site and Services — including text, graphics, logos, software, AI-generated content, our tax credit knowledge layer, campaign frameworks, and platform architecture — are owned by FundWise or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from our content without our express written permission.

7.2 Your Content

You retain ownership of any lead data, content, or materials you upload to the platform. By uploading content, you grant FundWise a non-exclusive, royalty-free license to use, process, and analyze that content for the purpose of providing the Services to you. FundWise does not claim ownership of your lead data.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant FundWise an unrestricted, royalty-free, perpetual license to use that feedback without attribution or compensation to you.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FUNDWISE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
WARRANTIES THAT ANY TAX CREDIT ESTIMATE IS ACCURATE OR THAT ANY BUSINESS WILL QUALIFY FOR ANY PROGRAM; AND
WARRANTIES REGARDING THE ACTIONS OR PERFORMANCE OF ANY THIRD PARTY, INCLUDING TAX CREDIT SPECIALISTS WHO PERFORM THE ANALYSIS.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNDWISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES;
DAMAGES ARISING FROM YOUR RELIANCE ON TAX CREDIT ESTIMATES PROVIDED BY THE PLATFORM;
DAMAGES ARISING FROM ANY THIRD PARTY'S ACTIONS OR OMISSIONS; OR
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION.

IN NO EVENT SHALL FUNDWISE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO FUNDWISE IN THE 12 MONTHS PRECEDING THE CLAIM.

8.3 Essential Basis of Bargain

You acknowledge that the limitations of liability in this Section 8 are an essential element of the basis of the bargain between you and FundWise. FundWise would not provide the Services without these limitations.

9. Indemnification

You agree to indemnify, defend, and hold harmless FundWise, its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Services or violation of these Terms;
Your violation of any law or the rights of any third party;
Any lead data you upload to the platform, including any CAN-SPAM or TCPA violations;
Any misrepresentations you make to prospects, sub-affiliates, or others; and
Your recruitment or supervision of sub-affiliates.

10. Account Suspension and Termination

10.1 By You

You may close your account at any time by contacting us at legal@fundwise.com. Closing your account does not entitle you to a refund of any prepaid subscription fees.

10.2 By FundWise

FundWise reserves the right to suspend or terminate your account, with or without notice, for:

Violation of these Terms or our Affiliate Conduct standards (Section 5.3);
Fraudulent, deceptive, or illegal activity;
Conduct that harms FundWise or other users;
Non-payment of subscription fees; or
Any reason at FundWise's sole discretion, with 14 days' notice except in cases of fraud or material violation.

Upon termination, your right to access the Services ends immediately. FundWise will retain your data in accordance with our Privacy Policy. Commissions earned before termination will be paid if FundWise receives the corresponding underlying payment.

11. Independent Platform

FundWise Money Finder is a tax credit marketing platform that connects business owners with specialized federal tax credit programs. Tax credit analysis and any resulting engagement are governed by your direct agreement with the analyzing specialists. FundWise is not liable for the actions, omissions, service quality, or outcomes of any third party involved in the engagement.

12. Independent Contractor Relationship

Affiliates are independent contractors of FundWise. Nothing in these Terms creates an employment, agency, joint venture, or partnership between you and FundWise. You are not authorized to bind FundWise to any agreement or represent yourself as a FundWise employee or agent.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict of law principles.

13.2 Mandatory Arbitration

Please read this section carefully. It affects your right to sue in court.

Except for claims that qualify for small claims court, you and FundWise agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in Utah County, Utah, or via videoconference.

13.3 Class Action Waiver

YOU AND FUNDWISE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

13.4 Opt-Out

You may opt out of arbitration by sending written notice to legal@fundwise.com within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you are opting out of arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FundWise regarding the Services and supersede all prior agreements and understandings.

14.2 Modifications

FundWise reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, notifying you by email. Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the changes.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14.4 Waiver

FundWise's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. FundWise may assign these Terms without restriction.

14.6 Force Majeure

FundWise is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

14.7 Contact

For questions about these Terms, contact us at:

Email: legal@fundwise.com
Mail: Fundwise Capital LLC, Attention: Legal, 130 North University Avenue, Provo, Utah 84601