Terms of Service

Be sure to read these Terms carefully, and if you have any questions please contact us at:

Addition Wealth
43 W 23rd St
New York, NY 10010
Or, email us at: support@additionwealth.com

PLEASE NOTE THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. SEE SECTION 18 FOR DETAILS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 18.4, WITHIN THE SPECIFIED TIME FRAME.

1. Modification of this agreement

Company reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, additionwealth.com. You should check this Agreement on additionwealth.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the App, additionwealth.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Company may terminate, suspend, change, or restrict access to all or any part of the App, additionwealth.com or the Services without notice or liability.

2. Privacy policy

Company maintains a Privacy Policy, and it details how we handle and protect data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective when the updates are live on additionwealth.com.

3. Minimum technology requirements to access services

To access and use the App and Services, you must have a device with access to the Internet running either Apple iOS 10.3 or higher, or Android 4.1 or higher. You must also have a valid email address and access via your employer.

4. Account registration

To use Company’s Services, you must create an account with us (a “Company Account”). When you sign up for a Company Account, you agree to provide accurate, current and complete information. If Company has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Company may suspend or terminate your ability to use or access the Services, and refuse any and all current or future use of or access to any or all Services (or any portion thereof).

You may use Company’s Services only if you are 18 years or older, capable of forming a binding contract with us, and not otherwise barred from using the Services under applicable law. By accessing or using the Company Service, you warrant that you are of legal age, or the age of “majority” where you live, and that you accept full responsibility for the use of the Service. Any access to or use of the Services by anyone under the age of 13 is strictly prohibited.

You are solely responsible for all activity on your Company Account and for the security of your phone and computer system. You should not reveal the account credentials you use to login into your Company Account.

5. Electronic communication

By choosing to use the App or the Services, you will receive from time-to-time disclosures, notices, documents, and any other communications about our Services, the App, or Company from Company (“Communications”). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.

5.1. Communications in Writing.

5.2. Minimum Requirements.

You understand that, in order to view and/or retain copies of the electronic Communications, you will need either:

A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox);

A device that meets the requirements described in Section 3.

You will also need a valid email address, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.

5.3. Withdrawing Consent.

You may withdraw your consent to receive Communications electronically by contacting us at support@additionwealth.com. If you withdraw your consent, we reserve the right to limit or close your Company Account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

5.4. Updating Records.

You may update the contact information through which you wish to be contacted by contacting us at support@additionwealth.com

6. Company services

Company offers a variety of services and features collectively referred to in this Agreement as the Services. These Services include a broad range of financial wellness tools for employees of companies than make the Services available to them.

7. Intellectual property and content rights

The App, additionwealth.com and the Services are owned and operated by Company. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Company Materials”) are owned exclusively by Company or the licensors or suppliers of Company and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on this additionwealth.com, Mobile App or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Materials displayed on the Mobile App, additionwealth.com or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Company Materials found on the Mobile App, additionwealth.com or the Services unless in accordance with written authorization by us. Company prohibits use of any of the Company Materials as part of a link to or from the Mobile App, additionwealth.com or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Company Materials, or whether any mark or logo is a Company Material, should be referred to Company. All rights related to the Company Materials are hereby reserved.

You agree that the Company Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Company. You acknowledge that the Company Materials are and shall remain the property of Company. You may not modify, participate in the sale or transfer of, or create derivative works based on any Company Materials, in whole or in part.

8. Third party links and third party content and services

Any and all software, content and services (including advertising) within the Services that are not owned by Company are "third party content and services." Company acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, the Services may include links to sites operated by third parties, including advertisers and other content Company. Those sites may collect data or solicit personal information from you. Company does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

9. Additional information : Apple app store

This Section applies to any Company software that you acquire from the Apple App Store or use on an iOS device (“iOS App”). You must comply with any applicable third-party terms of service when using the iOS App. You and we acknowledge the following:

Apple is not a party to these Terms. Company, and not Apple, is solely responsible for the iOS App and the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. Apple is not responsible for addressing any claims by you or any third party relating to the iOS App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the iOS App infringe that third party's intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Additionally, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Termination

Company and you each have the right to terminate or cancel any of your Company Account, if applicable, at any time for any reason, including for a breach of these Terms by you. Subject to applicable law, Company may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Mobile App, additionwealth.com or the Services at any time, with or without cause, in Company’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Mobile App, additionwealth.com or the Services: the sections concerning Indemnification, Limitations on Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and General Terms, and any other provision that by its terms survives termination of your use or access to the Mobile App, additionwealth.com or the Services.

Company further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Mobile App, additionwealth.com or Services at any time with or without notice.

11. Limitations of use

You agree to use the Services only for lawful purposes. You are prohibited from any use of the Services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to unauthorized entry into Company’s systems, misuse of passwords, or misuse of any information posted on through the Services is strictly prohibited. Company makes no claims concerning whether use of the Services is appropriate outside of the United States. If you access the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Without limitation, you agree that you will not, directly or indirectly:

Use the Services in a manner that violates these Terms or any applicable law, rule, or regulation, or for any unintended purpose;
Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the App or part of the Service;
Use the Services or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;
Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;
Interfere with or damage the Services or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;
Impersonate or misrepresent your identity or affiliation with a person, entity or organization or use a false identity;
Attempt to obtain unauthorized access to the Services or any materials or information not intentionally made available through the Service;
Collect information about users of the Service;
Violate, misappropriate or infringe a third party’s intellectual property or other right through the Service; or
Interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service.

Company reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Company also reserves the right to take action to protect Company, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the Services, 3) suspending or terminating your ability to use the Services on an ongoing basis, 4) taking legal action against you, 5) holding you liable for the amount of Company’s damages caused by your violation of this Agreement.

12. Limitations of warranties

While we try to keep our Services safe and functioning, using our Services exposes you to some risks. Company is not responsible for any harm you may experience. Specifically:

THE MOBILE APP, additionwealth.com AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, additionwealth.com OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, additionwealth.com OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE COMPANY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, additionwealth.com, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE COMPANY PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, additionwealth.com, OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA. PLEASE NOTE, THE ABILITY TO EXCLUDE WARRANTIES VARIES IN DIFFERENT JURISDICTIONS. TO THE EXTENT THAT A JURISDICTION PLACES LIMITS ON THE ABILITY FOR A PARTY TO EXCLUDE WARRANTIES, THESE EXCLUSIONS EXIST TO THE EXTENT PERMITTED BY LAW. BECAUSE OF THIS JURISDICTIONAL VARIANCE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitations of liability

THE COMPANY PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE APP, additionwealth.com OR THE SERVICES, THE COMPANY MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE MOBILE APP, additionwealth.com OR THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE MOBILE APP, additionwealth.com OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE MOBILE APP, additionwealth.com OR THE SERVICES. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOBILE APP, additionwealth.com OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT, SUBJECT TO APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO STOP USING THE SERVICES AND COMPANY SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR COMPANY ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR USER CONTENT POSTED WITHIN THE SERVICES BY, ANY COMPANY SERVICE USER. IN NO EVENT SHALL COMPANY'S OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY FOR YOUR PARTICIPATION IN ANY COMPANY SERVICE. IN NO CASE SHALL COMPANY OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR COMPANY SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES AND COMPANY SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

14. No legal tax or financial advice; alerts

COMPANY DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP, additionwealth.com OR THE SERVICES. COMPANY IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. COMPANY ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. COMPANY WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. COMPANY DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, COMPANY IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND COMPANY IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. COMPANY IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements 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. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Company.

16. Applicable law, jurisdiction and venue

These Terms, your use of the Service, and any other matter relating to Company will be governed by the laws of the state of New York, without regard to conflict of laws principles.

17. Dispute resolution by binding arbitration

PLEASE READ THIS “DISPUTE RESOLUTION BY BINDING ARBITRATION” PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND COMPANY, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW

17.1. Scope of Arbitration Provision.

You and Company agree that any and all past, present and future dispute, claims, or causes of action arising out of or relating to your use of any of the Services, these Terms, or any other controversies or disputes between you and Company or any of Company’s affiliates, licensors, distributors, suppliers or agents, whether arising prior to or after you agreed to the Terms (collectively, “Dispute(s)”), shall be determined by arbitration, unless (A) you opt out as provided in Section 18.4 below; or (B) your Dispute is subject to an exception to this agreement to arbitrate set forth in Section 18.8. You and Company further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

17.2. Informal Dispute Resolution.

Company wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Company, you agree to try to resolve the Dispute informally by contacting support@additionwealth.com. Similarly, Company will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Company may initiate an arbitration proceeding as described below.

17.3. We Both Agree to Arbitrate.

By agreeing to these Terms, you and Company each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.

17.4. Opt-Out of Agreement to Arbitrate.

If you do not wish to be subject to this arbitration agreement, you may opt out of this arbitration provision by sending a written notice to support@additionwealth.com within thirty (30) days of first accepting these Terms. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with Company through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth in 18.8 below. By opting out of the agreement to arbitrate, you will not be precluded from using the Company Service, but you and Company will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

17.5. Arbitration Procedure and Fees.

You and Company agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules”). Those rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitrator(s) shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section 18, if a party seeks injunctive relief that would significantly impact other Company users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential

You and Company further agree that the arbitration will be held in New York, New York, or, if you so elect, all proceedings can be conducted via videoconference, telephonically or via other remote electronic means. If Company elects arbitration, Company shall pay all of the AAA filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the AAA Rules, or in accordance with countervailing law if contrary to the AAA Rules. However, if the value of the relief sought is $10,000 or less, at your request, Company will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator(s) finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such circumstances, fees will be determined in accordance with the AAA Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise required by law. This Section 18 “Dispute Resolution by Binding Arbitration” shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.

17.6. Arbitration Shall Proceed Individually.

Regardless of the rules of a given arbitration forum, you and Company agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Company may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Company will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

17.7. Class Action and Collective Arbitration Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OF THIS SECTION 18.7 SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR.

17.8. Exceptions to Agreement to Arbitrate.

Notwithstanding your and Company’s agreement to arbitrate Disputes, either you or Company retain the following rights: you and Company retain the right (A) to bring an individual action in small claims court; and (B) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

17.9. Judicial Forum for Disputes.

Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, New York. Both you and Company consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

17.10. Survival and Severability of This Arbitration Provision.

This Section 18 “Dispute Resolution By Arbitration” shall survive the termination or expiration of these Terms. With the exception of Section 18.7 “Class Action and Collective Arbitration Waiver,” if a court decides that any part of this Section 18 is invalid or unenforceable, then the remaining portions of this Section 18 shall nevertheless remain valid and in force. In the event that a court finds that all or any portion of Section 18.7 “Class Action and Collective Arbitration Waiver” to be invalid or unenforceable, then the entirety of this Section 18 “Dispute Resolution By Arbitration” shall be deemed void and any remaining Dispute must be litigated in court pursuant to Section 18.9.

18. Severability

Except as otherwise set forth in Section 18, if any part of these Terms is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

19. General terms

19.1. Reservation of Rights.

Company and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

19.2. Entire Agreement.

These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any third party, other than those rights or remedies described in Section 10, as applicable.

19.3. Notices.

Any notices or other communications provided by Company under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

19.4. Waiver of Rights.

Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise

20. Contact Us

Addition Wealth
43 W 23rd St
New York, NY 10010

support@additionwealth.com

Supplemental Terms of Use for Retirement and Investment Services

These terms are in addition to the terms that apply to your use of the services provided by Retire Sound, Inc. (dba Addition Wealth). Those terms continue to apply to these retirement and investment services. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE RETIREMENT AND INVESTMENT SERVICES IN ANY MANNER.

Last updated: August 10, 2022

These Supplemental Terms of Use (these "Terms") represent an agreement between you and Resire Sound, Inc. (dba Addition Wealth) ("Company Advisors") and contain the terms and conditions governing your use of and access to: (1) our website at additionwealth.com and all of our other websites to which these Terms are posted (collectively, the "Website"); (2) our mobile applications to which these Terms are posted (collectively, the "Application"); and (3) any products, services, and applications made available through the Website or the Application (together with the Website and the Application, the "Services"). "You" and "your" mean the person who uses or accesses the Services. "We," "us," and "our" mean Company Advisors and its successors, affiliates, and assignees. As used in these Terms, "Account" (as defined further below) means the account you have with us for the retirement and investment services we provide (the “Services”).

Your use of and access to the Services continue to be subject at all times to these Terms and the terms governing your use of the services provided by the Company, including our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services or by clicking to agree to these Terms when that option is made available to you, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, do not use or access the Services.

THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

1. Investment Advisor Relationship.

By selecting the “Retirement Service”, you agree that you are entering into a discretionary investment advisory relationship with us as more fully described in these Terms. You also acknowledge receipt of our Form ADV, Part 2A and Part 2B, which include important information about Company Advisors and the Services, including the risks of using the Services. Company Advisors is registered with the Securities and Exchange Commission as an investment adviser, but that registration does not imply any qualification or expertise.

2. Description of Our Services.

(a) The Website is designed to provide you with an automated investment service through the internet. This service recommends an investment portfolio based on your investment objectives. Company Advisors uses only your age to determine your investment objectives and investment time horizon. Based on this information, proprietary algorithms used by Company Advisors (the “Algorithms”) will create an individualized investment portfolio of mutual funds and/or exchange traded funds (“ETFs”). You should be aware that, by using the Services, Company Advisors recommend the appropriate mutual funds and ETFs based only on your age, and assumptions it makes about people at or near that age. Other factors not considered by Company Advisors related to your financial condition, goals or risk tolerance could be more important than your age and, if considered, would result in an investment portfolio materially different from that recommended by Company Advisors and the Algorithms. Company Advisors also does not consider whether you have any other retirement accounts or benefits, which could also affect whether the investment portfolio recommended by Company Advisors is appropriate for you. Company Advisors does not allow you to select specific mutual funds and ETFs because each mutual fund, ETF and asset class is considered part of an overall investment strategy.

(b) Company Advisors does not provide discretionary investment advice. That means if you want to implement any investment recommendation made through Addition Wealth, you must on your own instruct the broker dealer (“Broker/Dealer”) to move money from your checking account into brokerage account/s held in your name, referred to together as the “Account.”

(c) Company Advisors does not have actual custody of the securities and other property in your Account. All such securities and other property are held by Broker/Dealer, which is a “qualified custodian” as defined in Rule 206(4)-2 of the Investment Advisers Act of 1940 (the “Advisers Act”).

(d) The Services are not intended to constitute legal or tax advice or comprehensive financial planning.

(e) We reserve the right to enhance or otherwise modify the Algorithms or other elements of the Website at any time without notice to you in order to make changes we deem necessary or appropriate for the provision of the Services. These changes may at times, have a material impact on the Algorithms or the analysis and advice we provide through the Website/application. While these changes are intended to improve or enhance the performance, reliability or utility of one or more of the Algorithms, the Services, or the Website, there can be no guarantee that such changes will result in the desired improvement or enhancement. Use of the Services is subject to various risks, including the risk of loss, some of which are described in our Form ADV, Part 2A, and your acceptance of the Terms constitutes your acknowledgement and acceptance of those risks.

3. Client Information.

(a) Our analysis and recommendations are highly reliant on the accuracy of the information you provide to us. If you provide us with inaccurate or incomplete information, this could materially impact the quality and relevance of our analysis and recommendations.

(b) You agree to provide us with the information that is requested on the Website/application in order to use the Services. You understand and agree that we rely on the completeness and accuracy of your information in providing analysis and recommendations to you on the Website and placing transactions on your behalf in connection with the Services.

4. Risk Factors.

(a) In addition to the other important disclosures included throughout these Terms and in our Form ADV, Part 2A, this subsection contains some of the key risk factors that you must consider when determining whether to become our client and to use the Website. The following list does not purport to be an exhaustive list and cannot be a complete list of all possible risk factors.

(b) At present, our retirement analysis recommendations are appropriate only for investors with medium-term and long-term investment horizons, specifically three years or more, before you plan to access assets that are invested pursuant to our recommendations.

(d) Past performance is no guarantee of future results.

(e) There is no certainty or guarantee that your investment objectives will be met through the use of our Website/application or the implementation of our recommendations

(f) If you need access to the assets invested pursuant to our recommendations at any point prior to the end of the investment horizon, the prices at which these assets are liquidated may cause you to experience a material loss and will negatively compromise the ability of our recommendations to help you meet your long-term investment goals.

(g) The recommendations we provide and other information that appears on the Website may be time sensitive, especially during times of significant market volatility.

(h) Our recommendations are highly reliant on the accurate operation of the Algorithms and the technology that generates these Algorithms. A malfunction or failure in either could cause you to experience losses, some or all of which could be significant.

(i) The Algorithms employ a number of quantitative models that involve assumptions based upon a limited number of variables that may be extracted from complex financial markets or instruments that they intend to replicate. Any one or all of these assumptions, whether or not supported by past experience, could prove over time to be incorrect, which could result in major losses.

(j) Losses may arise from shortcomings or failures in internal processes, people or systems, or from external events. Operational risk can arise from many factors ranging from routine processing errors to potentially costly incidents related to, for example, major systems failures. There are operational, information security and related risks associated with the increased use of technologies such as the Internet to conduct business. In general, information security incidents can result from deliberate attacks or unintentional events and are not limited to, gaining unauthorized access to digital systems, and misappropriation of assets or sensitive information, corrupting data, or causing operational disruption, including the denial-of-service attacks on websites. Information security failures or breaches by a third party service provider, including service providers selected by clients and the issuers of securities in which the portfolio invests, have the ability to cause disruptions and impact business operations, potentially resulting in financial losses, the inability to transact business, violations of applicable privacy and other laws, regulatory fines, penalties, reputational damage, reimbursement or other compensation costs, and/or additional compliance costs, including the cost to prevent cyber incidents.

(k) You should understand that any delays in your placing recommended investment transactions could reduce, perhaps materially, the profit you gain from the transaction or could cause a material loss

5. Fees.

Neither Company Advisors nor Company charges an additional fee for the Services. The Services are included as part of the subscription fee paid to Company.

6. Your General Representations and Warranties.

You represent and warrant to us that:

(a) You have reported full and accurate information on the Website/application. You understand and agree that you are solely responsible for providing true and accurate information to us.

(b) You have made an independent assessment of the Services we offer and have determined that the Services are appropriate for you.

(c) If you provide us with false or materially inaccurate information then the investment recommendations we provide may not meet your needs and our ability to execute transactions to help meet your investment objectives may be materially compromised.

(d) You will not directly or indirectly sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services or the Website available to any third party.

(f) You are not on any governmental sanctions list of prohibited individuals.

(g) You will not, directly or indirectly: (1) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services or the Website, except to the limited extent applicable laws specifically prohibit such restriction; (2) modify, translate, or otherwise create derivative works of any part of the Services, or any other aspect of the Website; (3) use or access the Website in order to build a competitive product or service.

7. Risk Acknowledgment, Limitation of Liability and Indemnification.

(a) We will exercise good faith and diligence in the execution of our duties to you under the Services. However, we have not made, and are not making, any guarantee about the future performance of your Account, including, without limitation, any guarantee of a specific level of performance, the success of any given investment decision or strategy that we may recommend, or the success of our overall management of the Account. There may be loss or depreciation of the value of any investment due to the fluctuation of market values or numerous other factors. In addition, we make no guarantee or representation that your investment objectives will be achieved and you agree we are not responsible and/or liable for any failure to achieve such investment objectives.

(b) We shall not be responsible or liable for any loss or damages incurred due to any act or omission of any custodian, broker-dealer, or other investment adviser whether appointed by you or chosen in good faith by us.

(c) In the unlikely but possible event of a trade error that causes your Account to incur a loss, you agree that we will bear the actual cost of the trade error in an amount that is the lesser of the amount of the loss or up to, and not in excess of, $100 but only in those instances where the trade error results from our gross negligence or violation of applicable laws. We define “trade error” as: (1) the purchase or sale of securities other than those identified by the Algorithm or in a quantity other than the quantity identified by the Algorithm; (2) the purchase or sale of securities for the wrong Account; or (3) a purchase when it should have been a sale, or vice versa. When a trade error results in a net positive financial impact to your Account, you are entitled to retain the gain resulting from the trade error.

(d) To the fullest extent allowed by applicable law and except as otherwise provided for in these Terms, neither we nor our affiliates and each of our, and our affiliates’ employees, contractors, directors, suppliers and representatives (each of the foregoing, including but not limited to Company Advisors, being the “Service Parties”) are liable:

(1) for any action performed by the Service Parties or by you as well as any error in judgment and/or for any investment losses you incur;

(2) for decisions and/or actions that you take or authorize third parties to take on your behalf based on information you see on the Website;

(3) under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Website and/or the Services: (1) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages or any kind whatsoever (however arising); or (2) for any damages or losses of any kind whatsoever arising from or in connection with any bugs, viruses, Trojan horses, or the like (regardless of the source).

(e) Notwithstanding the foregoing, certain federal and state securities laws impose liability under certain circumstances on persons who act in good faith. Consequently, nothing in these Terms shall, in any way, constitute a waiver or limitation of any rights that you may have under federal or state securities laws.

(f) You shall defend, indemnify, and hold harmless the Service Parties from all liabilities, claims, and expenses, including, without limitation, judgments, fines, amounts paid or to be paid in settlements, and reasonable attorneys’ fees incurred or suffered by a Service Party: (i) in connection with the good faith performance of such Service Party’s responsibilities to you under this Agreement; (ii) that arise from or relate to your use or misuse of, or access to, the Website, the Services; (iii) that arise from or relate to your violation of these Terms.

8. Assignment.

(a) This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent.

(b) We will not assign (within the meaning of the Advisers Act) these Terms (which represent an investment advisory agreement with you) without your consent. If, after 30 days of receiving notice of an assignment from us you do not terminate your use of the Website or the Services as provided for in these Terms, you will be deemed to have consented to our assignment of these Terms with respect to you and your Account.

9. Other Clients

(a) You understand and agree that we act as an investment adviser for other clients and will continue to do so. Since we are engaged in the business of providing investment recommendations, we and our personnel may make recommendations and take action for other clients and their accounts that may differ from the recommendations we give to you or the action we take on your behalf.

(b) In addition, our personnel may take actions for their own accounts that differ from the recommendations we give you or actions we take on your behalf.

10. Termination of the Services

You may stop using the Services, close your Account, and cancel these Terms at any time by contacting us at support@additionwealth.com and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your Account when we receive your termination notice, we will close your Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.

(e) You are a natural person who is a U.S. citizen or a resident in the U.S. who is at least 18 years old