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Terms of Use

Introduction
These Terms of Use constitute a legal agreement between you and AKF INC, DBA FUNDKITE., a New York corporation (“FundKite”), having a business address at 2 S. Biscayne Blvd, Suite 2350, Miami FL 33131. By accessing this website, and any sub-sites of this website (together the “Site”), and/or using any of the Services (as defined below) accessible though the Site, you become a user (“User”) and agree to, and are bound by, the terms and conditions of this agreement and the FundKite Privacy Policy (collectively, “Terms”) for as long as User continues to use the Site or Services. IF USER DOES NOT AGREE TO BE BOUND BY THE TERMS, USER IS NOT AUTHRIZED TO USE THE SITE OR THE SERVICES. User’s use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to User for acceptance when User signs up to use such Services or purchase such products. User shall check these Terms periodically for changes as FundKite reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms. User’s continued use of the Site following the posting of changes will be deemed the acceptance of the changes. The effective date of a revised version is noted on the last page of the Terms.
As used in these Terms, the following words shall have the following meanings. “FundKite” includes “FundKite, Inc.”, “FundKite”, “we”, “us” and variations such as “our”. “Service” includes the products, services, and software that User orders, receives, or accesses as part of User’s use of FundKite’s Sites.
THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND FUNDKITE MUST BE RESOLVED IN BINDING ARBITRATION, THAT YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, AND THAT THE LAW OF THE STATE OF NEW YORK APPLIES TO ALL INTERACTIONS BETWEEN YOU AND FUNDKITE. YOU MAY OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER BY FOLLOWING THE PROCEDURES IN SECTION 10.G BELOW
FundKite engages in several business services (the “Services”) for which a customer may use the Site. FundKite reserves the right to cancel a portion of any of our Services at any time.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), User agrees to the following:
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FUNDKITE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FUNDKITE DOES NOT WARRANT THAT USER’S USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. FUNDKITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by FundKite, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FUNDKITE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FUNDKITE. UNDER NO CIRCUMSTANCES WILL FUNDKITE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, FundKite may offer new “beta” features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at FundKite’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Incidental Damages and Aggregate Liability. IN NO EVENT WILL FUNDKITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF FUNDKITE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FUNDKITE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY USER FOR USER’S ACCOUNT OR SUBSCRIPTION, OR, IF USER HAS NOT PAID FUNDKITE FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT. No Liability for non-FundKite Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FUNDKITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
Information Verification. FundKite and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and User agrees that FundKite and its contractors will have no liability to User arising from any incorrectly verified information.
User agrees to indemnify, defend and hold harmless FundKite, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) User’s use of or inability to use the Site or Services, (ii) any User’s postings, (iii) User’s violation of any terms of these Terms or User’s violation of any rights of a third-party, or (iv) User’s violation of any applicable laws, rules or regulations. FundKite reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with FundKite in asserting any available defenses.
In the interest of resolving disputes between User and FundKite in the most expedient and cost-effective manner, User and FundKite agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). A less formal than courts, Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to a limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. User acknowledges and agrees that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
You further agree and understand that any and all disputes, whether heard before a court of competent jurisdiction, or an arbitrator, shall be done solely on an individual basis, and that User affirmatively waives User’s right to participate in a class action to resolve any dispute (as defined below) that User may have with FundKite.
User understands that by entering into this agreement, User and FundKite are each waiving the right to a trial by jury or to participate in a class action:
Call Recording and Monitoring. User acknowledges that telephone calls to or from FundKite, together with its agents and affiliates, may be monitored and recorded and User agrees to such monitoring and recording.
Providing Telephone Numbers and Other Contact Information. User shall verify and confirm that any contact information provided to FundKite, including, but not limited to, User’s name, mailing address, email address, User’s residential or business telephone number, and/or User’s mobile telephone number, is true and accurate. User verifies that User is the current subscriber or owner of any telephone number that User provides. User is strictly prohibited from providing a phone number that is not owned by User. If FundKite discovers that any information provided in connection with User’s registration is false or inaccurate, FundKite reserves the right to suspend or terminate User’s account at any time. Should any of User’s contact information change, including ownership of User’s telephone numbers, User agrees to immediately notify FundKite before the change goes into effect by replying STOP to any text message User receives from FundKite, by calling FundKite at (877) 502-5003, notifying FundKite in writing by sending such notification via email to [email protected].
User’s Consent to Receive Automated Calls/Texts. User acknowledges that by voluntarily providing User’s telephone number(s), User expressly agrees to receive artificial voices, prerecorded voice messages, and/or autodialed calls and text messages (such as SMS, MMS, or successor protocols or technologies) from FundKite, and third-parties acting on its behalf, related to promotions, User’s account, any application or transaction, and/or User’s relationship with FundKite. User acknowledges that automated calls or text messages may be made to User’s telephone number(s) even if User’s telephone number(s) is registered on any state or federal Do Not Call list. User agrees that FundKite may obtain, and User expressly agrees to be contacted at, any email addresses, mailing addresses, or phone numbers provided by User or User’s representative at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. User agrees to receive automated calls and text messages from FundKite, even if User cancels User’s account or terminates User’s relationship with FundKite, except if User opts-out (see below). User understands that User does not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services or account creation. If User does not consent, User may call us at (855) 853-6346 or via email to [email protected] to further inquire about FundKite products and services. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. User’s consent to receive automated calls and texts is completely voluntary. User may opt-out at any time. To opt-out of text messages, User must reply STOP to any text message User receives from FundKite. User may also text HELP for help. User acknowledges and agrees to accept a final text message confirming User’s opt-out. FundKite may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which User is subscribed. If User wishes to stop messages from multiple shortcodes, User must reply STOP to each shortcode from which User would like to unsubscribe. Alternatively, User may email to [email protected] advising that User wants to opt out of text messages and specifying the phone number(s) for which that opt-out should apply To opt-out of automated voice calls (not text messages), User must (i) provide FundKite with written notice revoking User’s consent to receiving automated calls; (ii) in that written notice, User must include User’s full name, mailing address, account number, and the specific phone number(s) for which User wishes to stop automated calls; and (iii) send this written notice to [email protected]. It is User’s sole responsibility to notify FundKite if User no longer wants to receive automated calls or text messages. User waives any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if User opts out of automated calls or text messages, FundKite reserves the right to make non-automated calls to User. It is possible that third parties may have User’s contact information and User may continue to receive communications from these third parties despite an opt out request. FundKite is not responsible for unwanted contact from third parties. User may contact third parties directly to inform them of User’s communication preferences.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from FundKite. However, User may incur a charge for these calls or text messages from User’s telephone carrier, which is User’s sole responsibility. Message and data rates may apply. User is solely responsible for checking User’s telephone plan and contact User’s carrier for details. User represents and warrants that User is authorized to incur such charges and acknowledges that FundKite is not responsible for such charges. Unauthorized Use of Telephone Device. User must notify FundKite immediately of any breach of security or unauthorized use of User’s telephone device. Although FundKite will not be liable for losses caused by any unauthorized use of User’s telephone device, User may be liable for our losses due to such unauthorized use.

User’s Indemnification of FundKite. Users agrees to indemnify FundKite for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, including claims relating to User’s voluntary provision of a telephone number that is not owned by User and/or User’s failure to notify FundKite of any changes in User’s contact information, including telephone number. User agrees to indemnify, defend and hold FundKite harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). FundKite shall have the exclusive right to choose counsel, at User’s expense, to defend any such claims.

Release of Claims. In consideration of the services provided by FundKite, User hereby releases FundKite from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
General. User is responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. User’s obligations under this Section will survive termination of these Terms of Service.
Text message Terms and Conditions:
By “Opting In” to or using a FundKite Text Message Service (“SMS Service”), User accepts these Terms and Conditions and agrees to resolve disputes with FundKite through binding arbitration (and with very limited exceptions, not in court), and User waives any right to participate in class actions, all as detailed in Section 10 entitled “Dispute Resolution by Binding Arbitration; Class Action Waivers” section FundKite’s Terms of Use.
Controlling Law and Jurisdiction. User agrees that New York law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in County, New York. User acknowledges and agrees that any violation of these Terms may cause FundKite irreparable harm, and therefore agree that FundKite will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that FundKite may have for a breach of these Terms. These Terms, which User accepts upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between User and FundKite regarding the use of this Service, superseding any prior agreements between User and FundKite related to User’s use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of User’s registration to the Service. The failure of FundKite to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
User may not, and will make all reasonable efforts to make sure any third parties do not: Use the Services as a money services business, money transmitter, payment intermediary, aggregator, or service bureau or resell the Services in any manner. Use the Services on behalf of a third party in any manner. Abuse the Services in any manner. Create a similar product or service through use of or access to the Service. Use the Service in violation of any law, regulation, or rule. Use the Service to perpetuate or commit a fraud of any kind. Use the Services in any way that is not authorized by FundKite. Use the Service for personal bank accounts.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, “Content”), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by FundKite and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at User’s peril and FundKite will do all that is lawful to enforce and protect the Content.
FundKite takes every reasonable precaution to protect User’s account and account information, however, FundKite cannot guarantee the security of any information User discloses. This includes User’s sharing of account information with any third party, including employees, contractors, vendors, suppliers, etc. of User’s business. User agrees and acknowledges that the security of User’s data is User’s responsibility.
Your use of the Services is further governed by our Privacy Policy.
FundKite reserves the right to update these Terms of Use to reflect changes to FundKite’s business operations and the methods by which FundKite works with User, including changing vendors, and other policies relevant to our Services. If FundKite makes any material changes FundKite will notify User by email (sent to the email address specified in User’s account) or by means of a notice on this Site. FundKite encourages User to periodically review this page for the latest information on our Terms of Use. When FundKite makes changes to these Terms of Use FundKite will revise the revision date at the top of the Terms of Use.
This agreement will become effective upon User’s acceptance of the Terms by User’s use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. FundKite may terminate User’s account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. FundKite reserves the right to immediately suspend or terminate User’s access to any of the Services, without notice, for any reason or no reason. FundKite also reserves the right to refuse to remove User’s account information or data from the Services and any other records at any time to comply with legal and regulatory requirements. In the event User’s access to any of the Services is suspended due to the breach of these Terms, User agrees that all fees then paid to FundKite by User will be nonrefundable and all outstanding or pending payments will immediately be due. User may terminate User’s account by following the steps in the applicable section under “Cancellations.” Sections 10 and 11 shall survive any termination of this Agreement.
These Terms of Use is effective as of December 4, 2022