MYNOS TERMS OF SERVICE AND SOFTWARE LICENCE AGREEMENT

1. Eligibility and authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use Mynos.

If you use Mynos on behalf of a business, insurance agency, brokerage, corporation or other organization, you represent that:

1. you are authorized to accept these Terms on its behalf;
2. that organization agrees to be bound by these Terms; and
3. references to “you” include both you and that organization where applicable.

2. Purpose of Mynos

Mynos is a software tool intended to help insurance advisors, brokers and other authorized professionals organize client profiles, document interactions, prepare client notes, manage coverage information and create related records.

Mynos is an administrative and recordkeeping tool only.

Mynos does not:

• provide legal, accounting, tax, insurance, investment or regulatory advice;
• determine whether a recommendation is suitable for a client;
• determine whether a note or file complies with professional or regulatory requirements;
• replace your professional judgment;
• replace your organization’s compliance procedures; or
• guarantee that records created with Mynos will satisfy any legal, regulatory, licensing, audit or evidentiary requirement.

You are responsible for reviewing all records and ensuring that your use of Mynos complies with the requirements that apply to you.

3. Professional and regulatory responsibility

You remain solely responsible for:

• the professional services you provide;
• the accuracy and completeness of client information;
• obtaining appropriate client consent or other lawful authority;
• determining what information may be entered into Mynos;
• meeting applicable insurance, securities, privacy, record-retention and professional requirements;
• reviewing completed notes and exported documents;
• responding to client access, correction and deletion requests;
• maintaining any records required outside Mynos; and
• determining whether Mynos is appropriate for your business.

Fincanada does not act as your compliance department, privacy officer, records custodian, insurer, broker, managing general agency or legal representative.

4. Client information and lawful authority

You must not enter personal information into Mynos unless you have lawful authority to collect, use and retain that information.

You are responsible for providing any required notices to your clients and obtaining any required consent.

You must use particular care when recording sensitive information, including:

• financial information;
• insurance and investment information;
• identification information;
• health-related information;
• family information;
• beneficiary information; and
• confidential communications.

You must not use Mynos to collect information that is unnecessary, excessive, unlawfully obtained or unrelated to a legitimate professional purpose.

5. Local storage architecture

Mynos is designed primarily as a local desktop application.

Client profiles, notes, coverage details, attachments and other client-record content are stored locally on your device in an encrypted application vault.

Unless a future feature clearly tells you otherwise and obtains any required authorization, Fincanada does not receive or have routine access to the contents of your local client vault.

You acknowledge that local storage means you are responsible for:

• maintaining control of your device;
• securing your operating-system account;
• installing operating-system security updates;
• protecting device passwords and recovery credentials;
• controlling who can physically or remotely access the device;
• creating and maintaining appropriate backups; and
• complying with your organization’s security requirements.

6. Software licence

Subject to your compliance with these Terms and payment of applicable fees, Fincanada grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use Mynos for your internal professional or business purposes.

The licence does not transfer ownership of Mynos or any related intellectual property to you.

Except where applicable law expressly permits otherwise, you must not:

• copy, reproduce, distribute, sell, lease, sublicense or commercially exploit Mynos;
• provide access to Mynos as a service bureau or hosted service;
• reverse engineer, decompile, disassemble or attempt to discover Mynos source code;
• bypass subscription, authentication, licence or security controls;
• modify Mynos or create derivative works from it;
• remove copyright, trademark or ownership notices;
• use Mynos to develop or train a competing product;
• share account credentials with unauthorized persons;
• use automated methods to disrupt or overload our subscription services; or
• use Mynos for unlawful, fraudulent, deceptive or harmful activity.

7. Accounts and account security

Some Mynos features require an account.

You agree to provide accurate and current account information and to keep it updated.

You are responsible for:

• maintaining the confidentiality of your credentials;
• activity performed through your account;
• notifying us promptly of suspected unauthorized access; and
• using a secure and unique password.

You must not impersonate another person or create an account using information you are not authorized to use.

Contact support@fincanada.ca if you believe your account has been compromised.

8. Subscriptions, fees and renewal

Some Mynos features require a paid subscription.

Subscription prices, billing intervals, included features and applicable taxes will be displayed before purchase.

Unless otherwise stated during purchase:

• subscriptions renew automatically at the end of each billing period;
• the payment method associated with your subscription will be charged for each renewal;
• fees are charged in the currency shown at checkout; and
• subscription fees may be subject to applicable taxes.

You authorize our payment provider to charge the applicable subscription fees and taxes to your selected payment method.

You may cancel your subscription through the available account or billing-management process. Cancellation takes effect at the end of the current paid billing period unless applicable law requires otherwise.

Cancelling a subscription does not automatically delete locally stored client records.

We may change subscription fees or plan features. Where required, we will provide advance notice before a price change applies to your next renewal.

9. Refunds

Except where required by applicable law or expressly stated during purchase, subscription payments are non-refundable once the applicable billing period has begun.

We do not ordinarily provide partial or prorated refunds for:

• unused subscription time;
• failure to use available features;
• device problems outside our control;
• loss of locally stored data; or
• cancellation partway through a billing period.

Nothing in this section limits any mandatory consumer rights that cannot lawfully be excluded.

10. Payment processing

Payments may be processed by Stripe or another third-party payment provider.

Payment providers operate under their own terms and privacy policies.

Fincanada does not ordinarily receive or store your complete payment-card number. We may receive limited information such as:

• payment status;
• subscription status;
• transaction identifiers;
• customer identifiers;
• card type;
• partial card details;
• billing contact information; and
• expiry information.

We are not responsible for interruptions or errors caused solely by a third-party payment provider, but we will reasonably assist with subscription issues involving our systems.

11. Local AI features

Mynos may offer optional artificial-intelligence-assisted rewriting through locally installed third-party software such as Ollama.

Local AI features are intended to assist with rewriting or formatting text supplied by you. They are not intended to provide independent professional recommendations or make decisions about clients.

You acknowledge that AI-generated content may:

• contain errors;
• omit important information;
• change the intended meaning;
• use inappropriate wording;
• introduce inaccurate statements;
• produce inconsistent results; or
• fail to meet legal, regulatory or professional requirements.

You must review and approve all AI-generated content before saving, completing, exporting, sharing or relying on it.

You must not treat AI output as verified or professionally approved.

Where Mynos identifies a feature as local, note content is intended to be processed on your device through the selected local AI provider. The local AI software and models may be supplied by third parties and may be governed by separate licences and terms.

Fincanada is not responsible for the operation, security, licensing, availability or output of third-party AI software.

12. Backups and recovery

Mynos may allow you to create encrypted backups protected by a recovery password.

You are solely responsible for:

• creating backups at an appropriate frequency;
• verifying that backups were created successfully;
• securely storing backup files;
• securely storing recovery passwords;
• keeping backup files separate from the device containing the primary data;
• preventing unauthorized access to backup files; and
• testing restoration procedures where appropriate.

Fincanada may be unable to recover:

• forgotten recovery passwords;
• lost encryption keys;
• corrupted local data;
• deleted records;
• lost backup files; or
• data from an inaccessible or damaged device.

A restore operation may replace existing Mynos data. You must review and accept any restore warning before proceeding.

13. Data deletion

Deleting a client or record in Mynos may permanently delete associated information from the local application vault.

You are responsible for determining whether a record may legally be deleted and whether it must first be exported or retained elsewhere.

Fincanada is not responsible for data deleted by you or by another person who has access to your device or operating-system account.

Deleting the Mynos application, cancelling your subscription and deleting your Mynos account are separate actions and may have different effects.

14. Acceptable use

You must not use Mynos:

• in violation of any law or professional obligation;
• to store information you have no lawful authority to possess;
• to infringe another person’s privacy or intellectual-property rights;
• to create false or misleading client records;
• to conceal misconduct or alter records improperly;
• to transmit malicious software;
• to access another person’s account or data without authorization;
• to harass, exploit or harm another person; or
• in a manner that could damage Mynos or Fincanada’s systems or reputation.

15. Updates and changes to Mynos

We may provide updates, patches, security fixes, feature changes or new versions of Mynos.

Some updates may be necessary to continue using Mynos or accessing subscription services.

We may:

• add, modify or remove features;
• change system requirements;
• discontinue support for outdated versions;
• modify integrations; or
• discontinue Mynos or part of the Services.

Where reasonably practicable, we will provide notice of material changes that significantly affect paid functionality.

You remain responsible for exporting or backing up locally stored information before uninstalling Mynos or changing devices.

16. Availability and support

We aim to provide reliable software and subscription services, but do not guarantee uninterrupted or error-free operation.

Mynos may be unavailable because of:

• maintenance;
• software defects;
• internet or hosting failures;
• payment-provider interruptions;
• operating-system changes;
• third-party service failures;
• security incidents; or
• circumstances beyond our reasonable control.

Support may be requested at support@fincanada.ca.

Support does not include legal, regulatory, compliance, data-recovery or business-continuity advice.

17. Your content

As between you and Fincanada, you retain your rights in the information and content you create or enter into Mynos.

You grant Fincanada only the limited rights reasonably necessary to operate features that you choose to use.

Because client-record content is generally stored locally, Fincanada does not claim ownership of your local client records.

You represent that you have the rights and lawful authority required to enter, process, export and otherwise use your content through Mynos.

18. Fincanada intellectual property

Mynos, including its software, design, interface, documentation, branding, graphics, logos and underlying technology, is owned by or licensed to Fincanada and is protected by intellectual-property laws.

“Fincanada,” “Mynos” and associated branding may not be used without our prior written permission, except to accurately identify the product.

Any feedback or suggestions you voluntarily provide may be used by Fincanada without restriction or compensation, provided we do not publicly identify you without permission.

19. Third-party services

Mynos may interact with third-party software or services, including:

• operating-system security services;
• payment processors;
• application stores;
• email applications;
• PDF viewers;
• local AI platforms; and
• software distribution services.

Third-party services are governed by their own terms, privacy practices and availability.

Fincanada is not responsible for a third party’s independent acts, omissions, content, security or service availability.

20. Confidentiality

Fincanada will use reasonable measures to protect confidential information that you provide directly to us.

You must protect any confidential information relating to Mynos that is not publicly available, including non-public software, security information, licence credentials and proprietary documentation.

This section does not prevent disclosure required by law or disclosure to professional advisors who are bound by confidentiality obligations.

21. Privacy

Our collection, use and disclosure of personal information are described in the Mynos Privacy Policy.

The Privacy Policy forms part of these Terms.

Questions or complaints about privacy may be sent to:

Privacy Officer
Fincanada Financial Services Ltd
British Columbia, Canada
privacy@fincanada.ca

22. Suspension and termination

We may suspend or terminate your account or access to subscription services if:

• you materially breach these Terms;
• payment remains overdue;
• your use creates a security or legal risk;
• you misuse Mynos;
• we are required to do so by law; or
• continued service is no longer reasonably possible.

Where appropriate, we will provide notice and a reasonable opportunity to correct the issue.

You may stop using Mynos at any time and may cancel your subscription through the available cancellation process.

Termination does not eliminate obligations that arose before termination.

Sections concerning ownership, payment obligations, disclaimers, limitations of liability, indemnity, governing law and other provisions that should reasonably survive will continue after termination.

23. Disclaimers

To the maximum extent permitted by applicable law, Mynos is provided on an “as is” and “as available” basis.

Fincanada does not warrant that:

• Mynos will always be available, secure or error-free;
• every software defect will be corrected;
• Mynos will satisfy every regulatory requirement;
• records created with Mynos will be complete or legally sufficient;
• AI-generated text will be accurate;
• local data can always be recovered;
• Mynos will be compatible with every device or third-party product; or
• use of Mynos will prevent a complaint, loss, audit finding or regulatory action.

Any warranties or conditions implied by law are excluded only to the extent that they may lawfully be excluded.

24. Limitation of liability

To the maximum extent permitted by applicable law, Fincanada and its directors, officers, employees, contractors, affiliates and suppliers will not be liable for indirect, incidental, special, punitive, exemplary or consequential loss, including:

• lost revenue;
• lost profits;
• loss of business;
• loss of goodwill;
• loss or corruption of data;
• loss of client records;
• missed deadlines;
• professional or regulatory consequences; or
• costs of recreating records.

To the maximum extent permitted by law, Fincanada’s total aggregate liability arising from or relating to Mynos or these Terms will not exceed the greater of:

1. the amount you paid to Fincanada for Mynos during the 12 months immediately before the event giving rise to the claim; and
2. CAD $100.

These limitations do not apply where liability cannot lawfully be excluded or limited, including liability resulting from fraud, wilful misconduct or any other liability that applicable law requires us to accept.

25. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Fincanada and its directors, officers, employees and contractors from third-party claims, losses, damages and reasonable costs arising from:

• your unlawful use of Mynos;
• information you enter without lawful authority;
• your breach of client confidentiality;
• your infringement of another person’s rights;
• your breach of these Terms; or
• professional services, advice or recommendations provided by you.

This obligation does not apply to the extent that a claim was caused by Fincanada’s own negligence, wilful misconduct or breach of law.

26. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Subject to any rights you may have under mandatory consumer-protection law, disputes relating to these Terms or Mynos will be brought before the courts located in British Columbia, Canada.

Before starting formal proceedings, you and Fincanada agree to make reasonable efforts to resolve the dispute by written communication.

Nothing in this section prevents either party from seeking urgent injunctive relief or using an applicable small-claims process.

27. Changes to these Terms

We may update these Terms to reflect:

• changes to Mynos;
• legal or regulatory requirements;
• security practices;
• new services;
• payment or subscription changes; or
• business-operational changes.

The updated Terms will include a revised effective date.

For material changes, we may provide notice through Mynos, the website, email or another reasonable method.

Where required, we will request renewed acceptance before the changes take effect.

Continued use after an updated version takes effect constitutes acceptance where permitted by law.

28. General provisions

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign these Terms without our written consent. We may assign these Terms as part of a corporate reorganization, financing, sale, merger or transfer of the Mynos business.

These Terms, together with the Privacy Policy and any purchase terms presented at checkout, constitute the entire agreement concerning Mynos.

Headings are for convenience and do not affect interpretation.

29. Contact information

Fincanada Financial Services Ltd
British Columbia, Canada
Website: fincanada.ca ↗

General support: support@fincanada.ca

Privacy inquiries: privacy@fincanada.ca