Interpretation and Definitions

Interpretation

The words with initial letters capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural forms.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Country refers to Canada. The Service is operated from Canada.
Company (referred to as either "the Company," "We," "Us" or "Our" in this Agreement) refers to FortunateFi.
Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
Service refers to the Website and the FortunateFi financial health report and related offerings.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Website refers to FortunateFi, accessible from the domain from which the Service is provided (e.g. fortunatefi.com).
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions govern the use of the Service and the agreement between You and the Company. They set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You do not agree with any part of these Terms, You may not access or use the Service.

Your use of the Service is also subject to our Privacy Policy, Refund Policy, and Financial Disclaimer, each of which forms part of these Terms. Please read them carefully before using the Service.

Eligibility

You represent that you are at least 18 years of age. The Company does not permit anyone under 18 to use the Service.

No Professional Advice / No Client Relationship

FortunateFi is an educational financial diagnostic tool. It is not financial, legal, tax, investment, accounting, or other professional advice.

We do not have a fiduciary or professional advisory relationship with you. Nothing in the Service creates a client, advisory, fiduciary, or other professional relationship between you and the Company.

The Service does not recommend or direct specific financial actions, investments, legal strategies, or tax positions.

For decisions about your finances, you should consult a qualified professional. Our Financial Disclaimer contains additional important limitations and disclaimers regarding the Service and its automated analysis.

Payments and Digital Delivery

Certain features of the Service require payment. Payments are processed through a third-party payment processor (Stripe). By completing a purchase, you agree to the payment terms presented at checkout. All purchases are subject to our Refund Policy.

All prices are displayed in the currency specified on the Website and may change without notice.

The FortunateFi report is a digital product generated and delivered immediately upon purchase. Refund eligibility is limited as described in our Refund Policy. We may revoke or suspend your access to the Service or to any report if we reasonably believe there has been fraud, abuse, payment reversal (including chargebacks), or a breach of these Terms.

The financial inputs and report data you provide are stored as necessary to deliver and display your report, as described in our Privacy Policy.

Accuracy of Information Provided by You

The report and any scores, metrics, or insights generated by the Service depend entirely on the financial information you provide. We do not verify the accuracy, completeness, or authenticity of user-provided data. You are solely responsible for the information you enter. The Company is not liable for any output that is inaccurate or misleading as a result of incorrect or incomplete information you supply.

Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

use the Service in any way that violates applicable law or these Terms;
scrape, crawl, automate access to, or attempt to extract data from the Service in bulk, except as expressly permitted;
use the Service to test or simulate purchases, scores, or reports fraudulently or for purposes other than your own legitimate use;
attempt to reverse engineer, copy, clone, or replicate the Service, its scoring methodologies, or its functionality;
access or use the Service to develop, benchmark, train, validate, or improve a competing product or service;
interfere with or disrupt the integrity or performance of the Service or any related systems; or
use the Service in any manner that could harm the Company, other users, or third parties.

We may suspend or terminate your access if we reasonably believe you have violated this section.

Intellectual Property

The Service and its original content, features, functionality, and all related intellectual property are and will remain the exclusive property of FortunateFi and its licensors. This includes, without limitation: the score model and scoring methodology; the ratio framework and calculations; benchmarks and reference data; report formats, structure, and outputs; and any prompts, logic, algorithms, or methodology used to generate reports or insights.

You may use the Service and reports generated through the Service for personal, non-commercial use only.

You may not copy, reproduce, distribute, modify, reverse engineer, attempt to extract the underlying methodologies or logic, or create derivative works based on the Service or any of the foregoing, without prior written permission from the Company.

Links to Third-Party Services

Our Service may contain links to third-party websites or services (for example, payment processors) that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services.

We advise you to read the terms and privacy policies of any third-party websites or services you use in connection with the Service.

Termination

We may terminate, suspend, limit, or revoke your access to the Service at any time, with or without prior notice or liability, if we reasonably believe that you have breached these Terms, violated applicable law, engaged in fraud or abuse, or otherwise created risk or potential liability for the Company.

Upon termination, suspension, or revocation, your right to use the Service will cease immediately to the extent specified by the Company.

Data Processing and AI Services

5.1 AI-Assisted Analysis. FortunateFi uses artificial intelligence services provided by OpenAI, Inc. and Anthropic PBC to generate the personalised financial analysis and action plan included in your paid report. By purchasing and using the report service, you acknowledge and consent to FortunateFi transmitting your derived financial ratios and scoring data to these third-party AI providers for the purpose of generating your report content.

5.2 Data Minimisation. FortunateFi transmits only the minimum data required for report generation to AI providers. Raw personally identifiable information (name, email) and raw dollar-value inputs are not included in AI provider requests.

5.3 Staff Access Limitation. FortunateFi personnel will not access your individual financial inputs, scores, or report content except when you have explicitly requested support, correction, or review of your data, or as required by law.

5.4 No Sale of Financial Data. FortunateFi does not sell, license, or transfer your individual financial data to any third party for commercial purposes. Aggregated and fully anonymised statistical data (e.g. platform-average pillar scores) may be used for product improvement and marketing without restriction, as no individual can be identified from such data.

Limitation of Liability

To the maximum extent permitted by applicable law, the total liability of the Company and any of its suppliers for any claim arising out of or relating to the Service or these Terms shall not exceed the amount actually paid by you through the Service, or 100 CAD if you have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software or hardware used with the Service, or otherwise in connection with these Terms, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply. In those jurisdictions, liability will be limited to the greatest extent permitted by law.

Disclaimer of Warranties

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software or systems, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding their conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, provincial, national, or international laws.

Dispute Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company at the contact information below.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

Email: support@fortunatefi.com