Terms of Service

Version 1.3, effective 12 October 2026. The complete agreement is reproduced below exactly as written. Superseded versions stay published, byte for byte, exactly as they were served: version 1.0, served from 2026-08-18 to 2026-08-21; version 1.0.1, served from 2026-08-21 to 2026-08-21; version 1.1, served from 2026-08-21 to 2026-09-16; version 1.2, served from 2026-09-16 to 2026-10-12.

FUNDIO
                                        Terms of Service — Version 1.3
                                                Effective October 12, 2026

    IMPORTANT: These Terms govern business use of Fundio. Section 18 contains an arbitration agreement, jury-trial
    waiver, and class-action waiver, subject to the opt-out right in Section 18.6.

 These Terms govern use of Fundio, operated by Aviles Technologies LLC (“Fundio,” “we,” “us,” or “our”). By creating an
 account, accepting these Terms, or using the service, you agree to be bound by them.

 1. What Fundio Is
 Fundio is software for outbound sales teams. It can send and receive text messages, email, and phone calls at your
 direction, maintain records of those communications, and use artificial intelligence to draft messages, assist with replies,
 and summarize calls.

 Fundio is a technology service, not a telemarketing agency, lead broker of record, law firm, compliance service, or legal
 adviser. You determine who is contacted, the purpose of the communication, the content used, and the legal basis for
 contacting each person.

 Fundio may provide technical controls intended to reduce certain prohibited traffic, but those controls do not determine
 whether a particular campaign is lawful.

 2. Eligibility and Your Account
 You must be a business or other organization legally capable of entering a commercial agreement, and the person
 accepting these Terms must be authorized to bind that organization.

 You are responsible for maintaining the confidentiality of account credentials and for all activity conducted through your
 account, including activity by employees, contractors, and other authorized users.

 You must provide accurate account information and promptly update information that becomes inaccurate.

 You may not use Fundio for personal, consumer, or household purposes.

 3. Your Contact Lists and Legal Basis
 Before uploading a contact list, importing contacts, or launching a campaign, you represent and warrant that you have a
 lawful basis to contact each person for the specific communication you intend to send.

 Depending on the communication, applicable law may require consent, prior express written consent, an existing business
 relationship, an existing contractual relationship, a prior request, or another recognized legal basis. You are responsible
 for determining which rule applies.

 You must not use Fundio to contact a person who has requested that you stop receiving communications from you or
 where applicable law otherwise prohibits the communication.

 You must comply with applicable federal, state, local, carrier, and platform requirements, including requirements relating to
 telemarketing, automated calls or texts, prerecorded or artificial-voice communications, commercial email, caller
 identification, Do Not Call restrictions, and opt-out requests.

 If you cannot document a lawful basis for contacting a person, do not upload that person's information or contact that
 person through Fundio.

 4. Consent and Compliance Records
 4.1 You are responsible for maintaining evidence supporting the legal basis for each person you contact through Fundio,
 regardless of where the contact information originated.

 4.2 Your records should be sufficient to demonstrate, as applicable: where and when the person provided information;
 what disclosures were presented; the identity of the business or businesses the person authorized to contact them; the
 telephone number or other channel authorized; the purpose of the communication; the form of consent or other legal
 basis; and any later opt-out or revocation.

 4.3 You must retain those records for at least five years and, if a longer period applies to a claim or legal obligation, for the
 applicable longer period.

 4.4 We do not represent that a contact record, lead, list, or other information supplied to you establishes consent or
 another lawful basis for your communications. You remain responsible for evaluating whether the information can lawfully
 be used.

 4.5 Upon a reasonable written request relating to a compliance investigation, complaint, carrier inquiry, or claim involving
 communications sent through your account, you must reasonably cooperate and provide relevant records within ten
 business days, unless a shorter period is reasonably required by a carrier, regulator, or applicable law.

 5. Leads and Contact Data Supplied by Fundio
 5.1 Fundio may make contact records available for purchase or as part of an account allowance. Unless expressly stated
 otherwise in a written agreement signed by Fundio, those records are provided on an “as is” and “as available” basis.

 5.2 Fundio does not represent that every contact record is eligible for every marketing purpose, jurisdiction, channel, or
 campaign. You are responsible for determining whether and how a record may lawfully be contacted.

 5.3 Obtaining a contact record from Fundio does not, by itself, transfer consent, create a business relationship, or
 authorize automated or prerecorded communications.

 5.4 Where Fundio has information reasonably available concerning the source or collection of a lead, Fundio may provide
 that information through the service or associated documentation. You should not treat the existence of a record in Fundio
 as proof that a particular communication is lawful.

 5.5 You must not represent to a recipient that Fundio, rather than your business, obtained the recipient's consent unless
 that representation is accurate and supported by the applicable records.

 6. Compliance Controls and Opt-Outs
 Certain compliance and abuse-prevention controls are mandatory and cannot be disabled by customers.

 Any STOP request or other recognized opt-out received through Fundio will place the recipient on a suppression list for
 the applicable communication channel. Suppressed contacts are blocked before sending.

 You are also responsible for honoring opt-outs received outside Fundio. If you receive an opt-out through another system,
 employee, phone call, email, website, or other channel, you must promptly update your records and ensure the person is
 not contacted in violation of applicable law.

 Fundio may block traffic, destinations, regions, number types, content, or accounts where necessary to comply with law,
 carrier requirements, provider requirements, fraud-prevention measures, or protection of Fundio and its customers.

 Fundio's controls are not legal advice and do not guarantee compliance with any law.

 7. Prohibited Uses and Content
 You may not use Fundio to send or facilitate communications that are unlawful, fraudulent, deceptive, abusive, harassing,
 threatening, defamatory, or designed to impersonate another person or business.

 You may not use Fundio to contact recipients who have opted out where the communication would violate that opt-out.

 You may not use Fundio for categories prohibited by our providers or carriers, including illegal substances, firearms,
 gambling where prohibited, sexually explicit material, or other restricted categories.

 You may not use Fundio to make a promise of loan approval, a rate, payment, credit decision, or other financial outcome
 that has not actually been determined and that you are not authorized to promise.

 You may not use Fundio to evade carrier filtering, consent requirements, Do Not Call requirements, sender identification
 requirements, or other compliance controls.

 We may refuse, restrict, suspend, or stop traffic that creates material legal, regulatory, fraud, abuse, complaint, opt-out,
 carrier, or platform risk.

 8. Commercial Email
 If you use Fundio to send commercial email, you are responsible for complying with applicable commercial-email laws and
 rules, including CAN-SPAM where applicable.

 Commercial email must use accurate header and routing information, must not use deceptive subject lines, must provide
 required sender identification and a valid physical postal address, and must include a clear and functional method for
 recipients to opt out where required by law.

 You must promptly honor email opt-out requests and must not use Fundio to continue sending marketing email to an
 address that has been suppressed.

 Fundio's email tools do not determine whether a particular email is commercial, transactional, or otherwise subject to a
 particular legal requirement.

 8A. Free Trial, Automatic Conversion, and Cancellation
 A free trial becomes a paid plan unless you cancel. Your free trial runs for seven days from the moment your first
 campaign is released to send, so the exact date depends on when that happens. You do not need a payment method to start
 a free trial.

 Before the free trial ends you agree to the charge for the Fundio Text & Leads plan, at $1,399.00 every month. The free
 trial is for Text & Leads only. Fundio All Inclusive, at $2,850.00 every month, is not part of the free trial and is
 arranged with us directly; it includes 2,500 call minutes in each billing month, shared across your account, and call
 minutes above that are billed at $0.25 a minute. If you agreed to the Fundio Growth plan before these Terms took effect,
 your account converts to the Fundio Growth plan at $1,399.00 every month, as you agreed.

 At the end of the free trial, the payment method on file is charged automatically for the plan you agreed to, and it is
 charged that amount every month after that until you cancel. Usage is billed separately at the published rates and is
 not included in that amount, except the call minutes included with All Inclusive.

 You may cancel at any time before the trial ends and you will not be charged. You can cancel from inside your account
 at any time, in one press. No email and no phone call is required. Cancelling before the end of the free trial
 prevents the charge. Cancelling after a charge has been made stops future charges and does not by itself reverse a
 charge already made, except as provided in the money back guarantee in Section 9A and as required by law.

 Your consent to these charges. By agreeing to a plan and providing a payment method you agree to the charges
 described in this section, and you authorise us to charge the payment method you provide, and any payment method that
 replaces it, for those amounts on a recurring basis until you cancel.

 Price changes. We may change the price of a recurring plan on at least 30 days' notice, as set out in Section 9.

 9. Fees, Billing, and Third-Party Charges
 Fees are as shown on your applicable plan or order form and are billed according to that plan. Usage-based charges,
 including per-message and per-minute charges, may be billed in arrears.

 Fees are non-refundable except where required by law, where expressly provided in your order form, or under the money
 back guarantee in Section 9A.

 We may increase recurring plan prices by giving at least 30 days' notice, unless a different notice period is required by
 applicable law or stated in your order form.

 Third-party charges passed through to you, including carrier fees, registration fees, usage charges, and phone-number
 rental charges, may change without notice because those charges are controlled by third parties.

 9A. Money Back Guarantee
 If Fundio is not right for you, ask for your money back. If you are not satisfied with Fundio, or you have not used
 it, you may request a refund of your first monthly plan fee within 30 days of the date that fee was charged. To
 request a refund, email hello@fundio.io. We will refund to the payment method that was charged.

 What the guarantee covers. This guarantee covers the plan fee described above. It does not cover usage charges,
 including per message and per minute charges, or third party charges passed through to you, including carrier fees
 and registration fees.

 Refunding ends the paid plan. When we refund a plan fee under this guarantee your paid plan ends and your account
 returns to a free plan or is closed, at your choice.

 This guarantee is in addition to your rights under law. Nothing in this section limits any refund or cancellation
 right you have that cannot be waived.

 10. Phone Numbers and Registration
 Phone numbers allocated to your account are leased, not sold, and remain subject to applicable carrier and regulatory
 rules.

 If your account is terminated or closed, a number may be returned to the applicable provider and may later be reassigned.

 You are responsible for completing registrations, verifications, brand or campaign registrations, and other carrier
 requirements applicable to your traffic. Traffic may be delayed or blocked until required registration is completed.

 You must not use a number or sender identity in a manner that falsely represents the identity of the sender.

 11. Your Data and Privacy
 You retain ownership of your contact lists and conversation records that you submit to or generate through Fundio, subject
 to the rights necessary for Fundio to operate the service.

 We process information to provide, secure, maintain, and improve the service and as described in our Privacy Policy,
 which is incorporated into these Terms by reference.

 On termination, you may export available customer data for 30 days. After that period, we may delete it, except information
 we are required or permitted to retain, including opt-out and suppression records.

 We may use aggregated or de-identified information about platform performance, usage patterns, and service operation to
 maintain and improve Fundio. We do not use one customer's identifiable contact list or message content to market
 services to another customer.

 Where a separate data processing agreement is required by applicable law or reasonably requested for an enterprise
 relationship, the parties may enter into a mutually agreed data processing addendum.

 12. Artificial Intelligence
 Fundio uses artificial intelligence to generate drafts, assist with replies, summarize conversations, and perform other
 automated functions.

 AI-generated output may be inaccurate, incomplete, outdated, misleading, or inappropriate. You are solely responsible for
 reviewing and approving communications sent under your name.

 You must not rely on AI-generated output as legal, financial, medical, lending, credit, tax, or other professional advice.

 You are responsible for verifying statements concerning rates, prices, products, eligibility, credit decisions, personal
 circumstances, regulatory requirements, and other material facts before sending them.

 13. Service Availability and Third Parties
 We aim to provide reliable service but do not guarantee uninterrupted or error-free availability.

 Message delivery and calling may depend on carriers, telecommunications providers, email providers, internet services,
 recipient devices, registration systems, and other third parties outside our control.

 To the maximum extent permitted by law, Fundio is not responsible for delays, blocking, filtering, non-delivery, failed calls,
 provider outages, or other failures caused by third parties.

 14. Suspension and Termination
 You may cancel your account at any time. Charges incurred before cancellation remain payable.

 We may suspend or terminate an account if you breach these Terms; if your activity creates material legal, regulatory,
 fraud, abuse, complaint, or carrier risk; if a provider or carrier requires us to stop traffic; or if we reasonably believe
 suspension is necessary to protect Fundio, our customers, or third parties.

 Where reasonably practicable and where doing so would not increase risk, we will provide notice before suspension or
 termination and an opportunity to address the issue.

 Sections that by their nature should survive termination, including provisions concerning data, indemnification, liability,
 disputes, and payment obligations, will survive termination.

 15. Indemnification

 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Fundio, Aviles
 Technologies LLC, and their officers, directors, employees, contractors, and agents from claims, demands, investigations,
 fines, penalties, settlements, damages, and reasonable legal fees arising out of or related to: (a) communications sent
 through your account; (b) your contact lists or lead sources; (c) your failure to obtain or document a lawful basis for
 communications; (d) your failure to honor an opt-out; (e) your violation of law, carrier rules, or these Terms; or (f) your
 products, services, representations, or offers.

 This indemnity does not apply to the extent a claim is finally determined to have resulted from Fundio's own fraud, willful
 misconduct, or other conduct that cannot lawfully be indemnified.

 16. Disclaimers
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDIO IS PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT
 AS EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, FUNDIO DISCLAIMS WARRANTIES OF
 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES
 ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

 WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, THAT EVERY MESSAGE WILL BE
 DELIVERED, THAT A LEAD OR CONTACT RECORD MAY LAWFULLY BE CONTACTED, OR THAT USE OF FUNDIO
 WILL MAKE YOUR CAMPAIGN COMPLIANT WITH ANY LAW.

 Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

 17. Limitation of Liability
 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDIO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR
 RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO FUNDIO DURING
 THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

 TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNDIO WILL NOT BE LIABLE FOR LOST PROFITS, LOST
 REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL,
 EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 Any claim arising out of or relating to these Terms or the service must be brought within one year after the event giving rise
 to the claim, except where a longer period is required by applicable law.

 Nothing in these Terms limits liability for fraud, willful misconduct, or any other liability that cannot lawfully be limited.

 Nothing in these Terms purports to waive or limit rights held by a message recipient or other person who is not a party to
 these Terms.

 18. Disputes, Arbitration, and Class Action Waiver
 18.1 Informal Resolution. Before commencing arbitration, the complaining party must provide written notice describing the
 dispute and give the other party 60 days to attempt informal resolution.

 18.2 Agreement to Arbitrate. Except for the matters identified in Section 18.5, disputes arising out of or relating to these
 Terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association
 under its applicable Commercial Arbitration Rules, to the extent permitted by law.

 18.3 Jury Trial Waiver. To the extent permitted by law, you and Fundio each waive the right to a trial by jury for disputes
 covered by this Section.

 18.4 Class Action Waiver. To the extent permitted by law, you and Fundio agree that claims may be brought only in an
 individual capacity and not as a plaintiff or class member in a class, collective, consolidated, or representative action. The
 arbitrator may not consolidate claims of different persons unless both parties agree in writing.

 18.5 Exceptions. Either party may bring an individual claim in a small-claims court of competent jurisdiction where
 available. Either party may also seek temporary or injunctive relief in court to protect intellectual property, confidential
 information, account security, or to prevent unauthorized access to the service.

 18.6 Opt-Out. You may opt out of this arbitration agreement by sending written notice within 30 days after first accepting
 these Terms to Aviles Technologies LLC, 210 SW 11th Street, Miami, FL 33130, United States. The notice must identify
 your account and clearly state that you opt out of the arbitration agreement. Opting out does not affect the remainder of
 these Terms or your account.

 18.7 Arbitration Location and Costs. Unless the parties agree otherwise, arbitration will be seated in Miami-Dade County,
 Florida. Allocation of arbitration fees and costs will be governed by the applicable AAA rules, subject to applicable law.

 19. Governing Law and Venue
 These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

 To the extent Section 18 does not apply, disputes are subject to the exclusive jurisdiction of the state and federal courts
 located in Miami-Dade County, Florida, unless applicable law requires otherwise.

 20. Changes to These Terms
 We may update these Terms from time to time. We will post the current version and update the version date.

 If a change materially affects your rights or obligations, we may require you to accept the updated Terms before continued
 use. Where permitted by law, continued use after the effective date of an updated version constitutes acceptance.

 21. General Terms
 These Terms, together with any applicable order form and policies expressly incorporated by reference, constitute the
 agreement between you and Fundio concerning the service and supersede prior versions concerning the same subject
 matter.

 If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and
 the remaining provisions will remain in effect, unless applicable law requires otherwise.

 You may not assign these Terms without our prior written consent, except in connection with a merger, acquisition, or sale
 of substantially all of your assets where the assignee agrees to these Terms. We may assign these Terms in connection
 with a corporate reorganization, merger, acquisition, or sale of the service.

 Failure to enforce a provision is not a waiver of the right to enforce it later.

 These Terms may be accepted electronically, and electronic records of acceptance may be retained as evidence of the
 agreement.

 22. Contact and Notices
 Aviles Technologies LLC

 210 SW 11th Street, Miami, FL 33130, United States

 General: hello@fundio.io

 Legal notices: legal@fundio.io

 Notices relating to disputes or arbitration should be sent to the legal-notices address above and should identify the sender,
 account, and nature of the dispute.

 Appendix A — Acceptance Checkbox
 The following acceptance statement should be displayed immediately before the Accept button, stored with the
 acceptance record, and not pre-selected.

    I have read and agree to the Fundio Terms of Service, including the limitation of liability in Section 17 and the
    agreement to arbitrate and class action waiver in Section 18. I confirm that I am authorized to accept these Terms on
    behalf of my business, that I am responsible for the communications sent through my Fundio account, and that I will
    maintain records supporting the lawful basis for those communications.

 Legal review recommended before publication. This document is an edited contractual draft, not legal advice. The revised provisions are
 intended to clarify allocation of responsibility, compliance obligations, data handling, commercial email requirements, lead sourcing, AI use,
 suspension, indemnification, and dispute procedures.