Terms of
Service

In no event shall Spiegel Financial's total aggregate liability to you for all damages, losses, and causes of action exceed the greater of: (a) One Hundred Dollars ($1000.00), or (b) the total amount paid by you to Spiegel Financial in the six (6) months immediately preceding the event giving rise to liability.

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials, passwords, and authentication methods
• Enabling and maintaining two-factor authentication (2FA) or multi-factor authentication (MFA) if available
• Using strong, unique passwords that are not shared across other services
• Not sharing your account credentials with any third party
• Logging out of your account when using shared or public computers
• Keeping your contact information current to receive security notifications

You agree to:

• Regularly monitor your account for unauthorized or suspicious activity
• Review all account statements and transaction records promptly
• Immediately notify Spiegel Financial of any suspected unauthorized access, security breach, or fraudulent activity
• Cooperate with Spiegel Financial in any investigation of security incidents

You acknowledge and agree that failure to comply with the security responsibilities outlined in this section releases Spiegel Financial from any and all liability for damages, losses, or unauthorized access resulting from such failure. This includes but is not limited to losses from credential theft, phishing attacks, social engineering, or account compromise due to inadequate password practices.

User expressly acknowledges and agrees that use of any internet-connected financial service carries inherent and unavoidable security risks, including but not limited to:

• Unauthorized access by malicious actors
• Data breaches and cybersecurity incidents
• Cyber attacks, including but not limited to DDoS attacks, ransomware, malware, and phishing
• Infrastructure failures of cloud service providers
• Interception of data transmissions
• Vulnerabilities in third-party services and APIs

User voluntarily assumes all such risks associated with using the Services and accessing financial information through internet-connected platforms.

This limitation applies regardless of whether the security incident results from:

• Failures or vulnerabilities in Spiegel Financial's systems
• Third-party service provider breaches or failures
• Malicious attacks by unauthorized parties
• Force majeure events as defined in Section 15
• Any combination of the above

8.3.1 Third-Party Dependencies: The Services integrate with and depend upon third-party platforms and service providers, including but not limited to:

• Plaid Inc. for financial account aggregation
• Quiltt.io for investment portfolio management
• Coinbase for cryptocurrency data
• Other financial data providers and APIs

8.3.2 Independent Third-Party Responsibility: Spiegel Financial acts solely as a data aggregator and connection service. Each third-party provider operates independently with its own security infrastructure, policies, and practices. Spiegel Financial does not control, operate, or guarantee the security of third-party systems.

8.3.3 No Liability for Third-Party Failures: TO THE MAXIMUM EXTENT PERMITTED BY LAW, Spiegel Financial shall not be liable for any damages, losses, or security incidents originating from or related to third-party service providers, including but not limited to:

• Security breaches of third-party systems
• Data loss or corruption by third-party providers
• Service interruptions or outages
• Inaccurate, incomplete, or delayed data from third-party sources
• Changes to third-party APIs, terms of service, or availability
• Third-party provider business failures or discontinuation of services

8.3.4 Third-Party Terms: User acknowledges that use of third-party integrated services may be subject to separate terms of service and privacy policies of those providers. User is responsible for reviewing and accepting such third-party terms. Any disputes with third-party providers are solely between User and the respective third-party.

8.3.5 User Release: User hereby releases and forever discharges Spiegel Financial from any and all claims, demands, damages, or causes of action arising from or related to third-party service providers' acts, omissions, security practices, or failures.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Spiegel Financial shall not be liable for any damages, losses, or consequences resulting from unauthorized access to User accounts through any means, including but not limited to:

• Phishing attacks or social engineering
• Credential theft or password compromise
• Brute force attacks or password cracking
• Session hijacking or man-in-the-middle attacks
• Malware, keyloggers, or spyware on User devices
• Insider threats or account sharing
• Exploitation of User security vulnerabilities

This limitation applies except in cases where a court of competent jurisdiction determines that the unauthorized access resulted solely and directly from Spiegel Financial's gross negligence or willful misconduct, and not from any contributing factor including User security practices or third-party provider failures.

8.5.1 Notification Timeline: In the event Spiegel Financial becomes aware of a security breach or unauthorized access incident that may have compromised User data, Spiegel Financial will notify affected Users within a reasonable timeframe as required by applicable law, generally within thirty (30) days of discovery of the incident.

8.5.2 No Liability for Delayed Notification: User acknowledges that investigation and assessment of security incidents requires time, and that delayed notification to allow for proper investigation, remediation, and coordination with law enforcement does not create additional liability for Spiegel Financial.

8.5.3 User Monitoring Obligation: User acknowledges that Spiegel Financial's notification obligation does not relieve User of the responsibility to independently monitor their own financial accounts, credit reports, and personal information for signs of unauthorized access or identity theft.

Spiegel Financial may or may not maintain cybersecurity insurance, errors and omissions insurance, or other liability coverage. Users should not rely on the existence of any insurance coverage maintained by Spiegel Financial. Users are encouraged to maintain their own cyber insurance, identity theft protection, or similar coverage appropriate to their risk tolerance.

User acknowledges that no internet-based service can guarantee absolute security. Spiegel Financial implements commercially reasonable security measures but cannot and does not guarantee that User data will be secure from unauthorized access, disclosure, alteration, or destruction.

Spiegel Financial maintains a defined data retention policy in compliance with applicable data privacy laws, including but not limited to state and federal regulations. We retain User data, including financial information obtained through third-party services such as Plaid, for the following purposes:

• Providing and maintaining the Services
• Compliance with legal and regulatory obligations
• Fraud prevention and security monitoring
• Audit and accounting requirements
• Dispute resolution and enforcement of agreements

Upon account closure or User request for data deletion, Spiegel Financial does not immediately delete User data. Instead, data is archived and retained for:

• Audit purposes required by financial regulations
• Security investigations and fraud prevention
• Legal compliance and potential litigation holds
• Regulatory examination requirements

Archived data is stored securely with restricted access and is not used for operational purposes.

Unless otherwise required by law or regulation, Spiegel Financial retains User data according to the following schedule:

• Financial transaction data: Minimum 7 years from date of transaction
• Account information: Minimum 7 years from account closure
• Authentication and access logs: Minimum 2 years
• Communication records: Minimum 3 years

These retention periods may be extended as required by legal holds, ongoing investigations, or regulatory requirements.

Subject to our retention obligations, Users may request:

• Access to their personal data
• Correction of inaccurate data
• Information about how their data is used

However, Users acknowledge and agree that certain data cannot be deleted due to legal, regulatory, and security requirements as outlined in this section.

Data obtained through third-party financial data providers (including Plaid, Quiltt.io, Coinbase, and others) is subject to both this policy and the respective third-party provider's terms and privacy policies. Users should review those policies for additional information about data handling practices. Spiegel Financial is not responsible for third-party data retention or deletion practices.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Before filing any legal action, User agrees to attempt to resolve any dispute informally by contacting Spiegel Financial and providing a detailed description of the dispute and desired resolution. Spiegel Financial will attempt to resolve the dispute internally within sixty (60) days.

If the dispute cannot be resolved informally, User agrees that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, except as modified by these Terms.

The arbitration shall be conducted in [Texas location to be specified], before a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

• A.Each party shall bear their own costs of arbitration, including attorney's fees, unless the arbitrator determines that a claim was frivolous or brought in bad faith.
• B.If the arbitrator determines that User's claim was frivolous, brought in bad faith, or primarily for harassment, User shall reimburse Spiegel Financial for all reasonable attorney's fees and costs incurred in defending against such claim.
• C.If User prevails in arbitration, User's recovery of attorney's fees shall be limited to the same liability cap specified in Section 6 (the greater of $100.00 or amounts paid in the preceding six months).

The arbitrator shall not award any consequential, indirect, punitive, or speculative damages under any circumstances, consistent with the limitations in Section 6 of these Terms.

All arbitration proceedings, evidence, and outcomes shall be confidential. User agrees not to disclose the existence or results of any arbitration to third parties.

The Services are currently offered as a beta or early access program ("Beta Program"). Users acknowledge and agree that:

• A.The Services are pre-release software under active development and testing
• B.The Services may contain bugs, errors, defects, or harmful components
• C.Features may be incomplete, unstable, or subject to change without notice
• D.Service availability is not guaranteed and may be interrupted at any time
• E.The Services may not function as intended or described

By participating in the Beta Program, User expressly acknowledges and agrees that:

• A.DATA LOSS RISK: Beta services may result in complete loss of User data, including financial information, account settings, and historical records. User accepts full responsibility for maintaining independent backups of all important data.
• B.NO SERVICE GUARANTEES: Spiegel Financial makes no guarantee regarding uptime, availability, performance, or continued operation of the Beta Program.
• C.TESTING CAPACITY: User is participating as a tester and accepts inherent risks associated with pre-release software.
• D.HEIGHTENED RISK: The risks described throughout these Terms are significantly elevated for Beta Program participants.

Spiegel Financial reserves the absolute right to, at any time and without prior notice:

• A.Terminate the Beta Program entirely
• B.Remove or discontinue any features or functionality
• C.Terminate any User's participation in the Beta Program
• D.Delete Beta Program accounts and associated data
• E.Transition Beta users to paid service plans or terminate access entirely
• F.Modify the terms of Beta Program participation

No termination of the Beta Program or User's participation creates any liability for Spiegel Financial.

User acknowledges that participation in the Beta Program is voluntary and without compensation. Any feedback, bug reports, or suggestions provided during beta testing become the property of Spiegel Financial without obligation of payment or credit.

User acknowledges and agrees that: (a) All investment and financial decisions are made solely by User (b) User is solely responsible for evaluating the accuracy and usefulness of information provided (c) User should consult licensed financial, tax, and legal professionals before making financial decisions (d) Spiegel Financial has no knowledge of User's financial situation, investment objectives, or risk tolerance

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Spiegel Financial shall not be liable for any losses, damages, or consequences arising from: (a) Investment decisions made based on information provided through the Services (b) Reliance on data, calculations, or analytics provided by the Services (c) Financial losses of any kind related to User's investment activities (d) Tax consequences of User's financial transactions or decisions

While Spiegel Financial uses commercially reasonable efforts to provide accurate information, User acknowledges that: (a) Financial data may be delayed, incomplete, or inaccurate (b) Calculations and analytics may contain errors (c) Third-party data providers may supply incorrect information (d) User is solely responsible for verifying all information independently.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, any claim, dispute, or cause of action arising from or related to the Services or these Terms must be filed within six (6) months after the date on which the event giving rise to such claim occurred. After such six-month period, any such claims are permanently barred.

The six-month limitations period begins on the date the event occurred, not when User discovered or should have discovered the issue. User has an affirmative obligation to monitor their account and use of the Services.

User acknowledges an affirmative duty to mitigate any damages resulting from issues with the Services. Failure to take reasonable steps to minimize losses may bar or reduce any recovery.