TERMS AND CONDITIONS

Welcome to Aqqru®!

Thanks for using our services.

Please carefully review the following rules that govern your use of our Website and also read our Privacy Policy regarding the information that you provide to us. These Terms and Conditions of Use (“Terms of Use”), apply to the World Wide Web site owned, operated, licensed, and controlled by MoneyLion Inc., including its related, affiliated, or subsidiary companies (“Company”), in connection with the Aqqru® goals-based planning tool that is offered by ML Wealth, LLC (“ML Wealth”) (collectively, the “Site”). This Site is the property of Company. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site.

These Terms of Use hereby incorporate by reference specific terms, descriptions, conditions, limitations and exclusions relating to Company services. Company reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE SEE THE NOTICE OF AGREEMENTS RESOLVING DISPUTES AND ARBITRATION BELOW.

As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site and access services offered to you, including without limitation, goals-based planning pursuant to the Aqqru® tool (the “Services”). This license to access the Site is for your own personal use and not for any commercial or business purpose (“Your License”). Subject to applicable law, we reserve the right, in our reasonable discretion, to terminate Your License, your use of the Site, your user account (if any) or any Service we may have provided to you and to assert our legal rights with respect to content or use of the Site that we reasonably believe is, or might be, in violation of these Terms of Use.

Our Services are meant only as an aid to assist you in organizing, budgeting and managing your finances. All information is provided for educational use only. The Service is not intended to provide any legal, tax or financial advice. You acknowledge that your personal financial circumstances are unique, and that before any information you obtain through the Service is acted upon, you should obtain the advice of a financial advisor, other financial planning professional, or other business professional who is aware of your personal financial circumstances. YOU AGREE AND ACKNOWLEDGE THAT ML WEALTH IS A PLATFORM, NOT AN ADVISOR. ML WEALTH’S SERVICES ARE GENERALLY DESIGNED TO SERVE AS AN ADMINISTRATIVE PLATFORM ONLY, PROVIDING YOU FACILITIES AND INFORMATION FOR YOU TO MANAGE AND MAKE DECISIONS ABOUT YOUR FINANCES. WE ARE NOT A FINANCIAL ADVISOR, AND OUR SERVICES ARE NOT DESIGNED OR INTENDED TO OFFER FINANCIAL ADVICE OF ANY KIND. THE AQQRU® GOALS-BASED PLANNING TOOL IS NOT A COMPLETE FINANCIAL PLAN NOR DOES IT CONSTITUTE A FINANCIAL PLANNING SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON US TO PROVIDE ADVICE REGARDING ANY FINANCIAL MATTER.

PRIVACY

Please review our Privacy Policy (which also governs your visit to our Site) to understand our practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions.

INTELLECTUAL PROPERTY

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site ( including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Company or third parties and all right, title and interest therein shall remain the property of Company and/or such third parties (collectively, the “Content”).

LINKS TO OTHER WEBSITES AND SERVICES

This Site contains links to outside services and resources (“Third-Party Content”), the availability and content of which Company does not control. Some Third-Party Content may be custom matched based on information provided by you to Company. We are not responsible for examining or evaluating, and we do not warrant the offering of these businesses or individuals or the content of their web sites. Company does not assume any responsibility or liability for the actions, products, and content of these and any other third-parties. Company does not guarantee that any service offered by Third-Party Content will be offered to you. Company may receive compensation from third-parties for referring you to the third-party or to their website. Any services that you obtain through Third-Party Content will be subject to the terms and conditions and privacy notice of the Third-Party Content. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

CUSTOMER DATA USAGE

Company may use Customer data for (i) the offering and improvement of Services; (ii) to the extent permitted by law to use, distribute, and disclose Aggregated Data; and (iii) for fraud screening, identity verification, and account information verification. Company may also disclose customer data to third parties as outlined in these Terms of Use and Privacy Policy.

COMMUNICATIONS

TCPA, Autodialed Service, Marketing Calls, SMS Text Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving calls or SMS messages (including text messages), from Company, our agents, representatives, affiliates, assigns, successors, attorneys, service providers or anyone calling or contacting you on our behalf (collectively, the “Company Parties” or individually “Company Party”), as good and valuable consideration for the Services provided to you, you expressly consent to receiving calls and messages (including text messages) via an automated telephone dialing system (“ATDS”) from Company Parties at any telephone numbers associated with your account that you have provided or may provide in the future (including any cellular or mobile telephone numbers) with account servicing notices or with marketing, promotional or mixed-marketing messages. You also authorize Company Parties to contact you to provide account servicing notices, marketing, promotional or mixed-marketing messages, using prerecorded/artificial voice messages via an ATDS. You also give the Company Parties permission to communicate such information to you by push notification or e-mail. Automated messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. In the event that an agent or representative calls, he or she may leave a message on your answering machine, voice mail, or send one via text. You may however contact Company at any time to revoke your consent to receiving marketing or promotional messages by emailing [email protected] with the subject line “STOP Marketing Calls” and including your name, mailing address, account number and telephone number and/or email address that you do not want to receive such calls, text messages or emails to, or by replying “STOP” to any text messages that you receive to stop receiving such text messages at that number.

You certify, warrant and represent that the telephone numbers and/or emails that you have provided to Company Parties are your personal telephone numbers and emails and agree that the Company Parties will not be liable to you for any claims, damages, fees, inconvenience, annoyance or loss of privacy in connection with such calls, texts, or e-mails. You understand that anyone with access to your telephone or email account may listen to or read the messages, notwithstanding Company Parties’ efforts to communicate only with you. If a telephone number(s) or email(s) you have provided to the Company Parties changes, or if you cease to be the owner, subscriber or primary user of such telephone number(s) or email(s), You agree to immediately give the Company Parties notice of such facts so that they may update their records. Your cellular or mobile telephone provider, internet provider or email provider will charge you according to the type of plan you carry.

SITE SECURITY

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you or attempt to reverse engineer the Site; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus, worm, Trojan Horse, or other destructive feature to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (v) send unsolicited mail, including promotions and/or advertising of products and services; or (vi) attempt to use robots, spiders, intelligent agents, software, tools, engines, or other means to navigate or search the Site other than those generally available through third-party web browsers such as Microsoft Explorer or Google Chrome. Violations of system or network security may result in termination of account and civil or criminal liability.

LIMITATION ON LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, NEITHER COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, COMPANY‘S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE OR FIFTY DOLLARS ($50.00 US), WHICHEVER IS LESS.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

NOTICE OF AGREEMENTS RESOLVING DISPUTES AND ARBITRATION

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES, THIS TERMS OF USE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION RATHER THAN A COURT IN NEW YORK, NEW YORK BEFORE A SOLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO STREAMLINED ARBITRATION RULES AND PROCEDURES, AND THE ARBITRATOR SHALL APPLY THE LAWS APPLICABLE IN THE STATE OF NEW YORK. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF OR PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. YOU AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. JUDGMENT OF THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AS SPECIFIED IN THE “LAW AND VENUE” PROVISION BELOW. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. IN ANY ARBITRATION, THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEYS’ FEES OF THE PREVAILING PARTY, AND SHALL DETERMINE THE PREVAILING PARTY FOR THIS PURPOSE.

INDEMNITY

By using the Site, you agree to indemnify and hold Company, its officers, directors, parents, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with (i) your access to and use of the Service; (ii) your violation of any of the Terms of Use referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third-party. Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

MINORS

This Site is not directed at individuals under the age of eighteen (18). Please see the Privacy Policy for more detail.

SEVERABILITY

Any failure by Company to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms If any provision of these Terms of Use or their application in a particular circumstance shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled.

ASSIGNMENT

The User of the Site may not assign or delegate this Agreement or any of the terms or conditions hereunder, directly, indirectly, or otherwise without the written consent of the other, and any such purported assignment or delegation shall be void.

LAW AND VENUE

These Terms of Use and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

DISCLAIMERS

COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SITE, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY FINANCIAL INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

ADVERTISER DISCLOSURE

Some of the offers that appear on this website are from companies from which ML Wealth or its affiliates may receive compensation, which may impact how and where products appear on this website. ML Wealth’s Aqqru® goals-based planning tool does not include all products or offers available in the marketplace. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a product or service on your behalf without your express consent. ML Wealth does not endorse or recommend any companies or their products or offers that appear on this website. For important information and disclaimers related to Aqqru®, please see Aqqru® ADV Brochure , ML Wealth's FORM ADV, Aqqru® Terms of Service and Aqqru® Privacy Notice.

ML Wealth Disclosures
General Disclosures

Company operates a website at www.aqqru.com (“Site”), and its subsidiary ML Wealth is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. SEC registration does not imply a certain level of skill or training. This communication and all data are for informational purposes only and do not constitute a recommendation to buy or sell securities. ML Wealth does not provide individualized or specialized investment advice, financial planning, tax, estate or retirement planning to its clients. ML Wealth’s Form ADV Brochure is available here. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS OR HYPOTHETICAL PROJECTIONS USED FOR ILLUSTRATIVE PURPOSES MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE. FURTHERMORE, PAST RETURNS MAY REFLECT THE PERFORMANCE OF ASSETS FOR A FINITE TIME, OR DURING A PERIOD OF EXTREME MARKET ACTIVITY. ALL INVESTMENTS INVOLVE RISK AND MAY LOSE MONEY. There can be no assurance that any of the recommendations for you as part of the Aqqru® goals-based planning tool will meet or exceed the projected performance illustrated on the Site, or achieve the expected result.

Aqqru® Process

ML Wealth, LLC offers Aqqru®, an internet-based goals-based planning tool focused on helping clients organize, budget, and manage their finances in order to achieve their personal financial goals. Clients identify and set personal financial goals for themself. For each goal that is created, Aqqru® provides an assessment of the likelihood that a client will reach that goal and then provides the client with guidance about how to reach that goal. The guidance is generated through proprietary algorithms which utilize the personal data and financial information provided by the client. Clients are not able to use the Aqqru® platform to directly invest, save, or otherwise set aside money for these goals. For additional details on the ML Wealth services and product offerings, see the ML Wealth ADV.

Performance Disclosures

Clients who use Aqqru® may experience different results from any hypothetical results shown. There is a potential for loss, as well as gain, that is not reflected in the hypothetical information portrayed. The hypothetical performance results do not represent the results of actual trading using client assets but were instead achieved by means of the retroactive application of a model designed with the benefit of hindsight. Investors should carefully review the additional information presented by Aqqru® as part of any hypothetical comparison. Different types of investments involve varying degrees of risk, and it should not be assumed that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended or undertaken by Aqqru®) will be profitable or equal to any specific performance level(s). Aqqru® does not represent, warrant, or imply that the services or methods of analysis employed by Aqqru® can or will predict future results, successfully identify market tops or bottoms, or insulate clients from losses due to market corrections or declines.

Fee Disclosures

There are no fees or expenses associated with the use of Aqqru®’s online platform by clients. Clients are not required to input any payment information in order to use the platform. There may be additional fees or expenses associated with implementing certain guidance provided by Aqqru® if clients choose to enroll in other products offered by ML Wealth or its affiliates, which will result in additional compensation to ML Wealth or its affiliates in the form of fees, expenses, or interest payments.

Tax Consequences Disclosures

ML Wealth does not represent in any manner that its Aqqru® goal-based planning tool will result in any particular tax consequence for its clients. Clients should consult with their tax professional regarding the tax consequences of making investments and engaging in investing based on guidance from the Aqqru® goal-based planning tool offered by ML Wealth.

Additional Information

Additional information with respect to ML Wealth and its offerings can be found in its Form ADV Brochure and in the Aqqru(R) ADV Brochure.

Membership Agreement

Your access and use of certain services offered by MoneyLion and its affiliates and third-party providers are governed by the ML Plus LLC Membership Agreement. The current Membership Agreement can be found here.If you have any comments, concerns or questions regarding our terms and conditions, please call 888-659-8244.