Legal

Fintra Master Terms of Service

Last updated: October 9, 2025

These Terms constitute the complete legal agreement between Beacon Social LLC d/b/a Fintra and the entity or person accessing or using the Fintra platform. Please review them carefully before using the Platform.

1. Acceptance of Terms

1.1 Binding Agreement. By accessing or using our Platform, you agree to these Terms. If you disagree with any part, do not use our Platform.

1.2 Authority. You represent that you have full authority to bind yourself or your entity to these Terms.

1.3 Modifications. We may modify these Terms at any time. Continued use after modifications constitutes acceptance.

2. Services

2.1 Platform Description. Fintra provides a software-as-a-service platform for funeral homes, insurance agencies, and related businesses to manage leads, customers, sales, and analytics (the "Platform").

2.2 Service Scope. Specific features, support levels, and fees are defined in your Order Form or Service Agreement, which incorporates these Terms.

2.3 Platform Changes. We may modify, update, or discontinue any aspect of the Platform at any time without notice or liability.

3. Intellectual Property and Ownership

3.1 Fintra owns all right, title, and interest in and to:

(a) The Platform and all underlying technology, code, and systems
(b) All content, features, functionality, and interfaces on the Platform
(c) Any modifications, enhancements, or derivatives of the Platform
(d) All customizations, configurations, or developments created using the Platform
(e) Any work product, content, or materials created by or for you on the Platform
(f) All analytics, algorithms, models, and methodologies
(g) All feedback, suggestions, or ideas you provide

3.2 No Customer Ownership. You acknowledge and agree that:

(a) You gain no ownership rights in anything created on or through the Platform
(b) Any customizations or configurations become part of the Platform
(c) Your use creates only a limited license during your subscription
(d) Special IP arrangements require separate written agreements signed by our CEO

3.3 Limited License. Subject to payment of fees, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for your internal business purposes during your subscription.

4. Data Rights and Usage

4.1 Shared Data Rights. You understand and agree that:

(a) Any data that touches, enters, passes through, is processed by, or is generated on our Platform ("Platform Data") becomes jointly accessible to both you and Fintra
(b) Fintra has full, independent, and irrevocable rights to all Platform Data
(c) Our rights to Platform Data are perpetual and survive any termination
(d) Platform Data includes but is not limited to:
- All data you input or import
- All data generated by your use
- All metadata about your usage
- All derivatives, analytics, or insights created

4.2 Our Data Usage Rights. We may use Platform Data for:

(a) Operating, maintaining, and improving the Platform
(b) Creating analytics, benchmarks, and industry insights
(c) Developing new products, features, or services
(d) Marketing and business development
(e) Research and development
(f) Any other purpose we determine

4.3 No Deletion or Restriction. You expressly acknowledge:

(a) We are never required to delete any Platform Data
(b) Platform Data cannot be extracted or separated from our systems
(c) You cannot restrict our use of Platform Data
(d) Our retention and use of Platform Data is permanent
(e) You may request copies of your identifiable business records in standard formats

4.4 Your Data Warranties. You represent and warrant that:

(a) You have all rights necessary to share data with us
(b) Your data does not violate any third-party rights
(c) You will not upload illegal or harmful content
(d) You accept our shared rights to all Platform Data

4.5 Privacy Within Shared Rights.

(a) We maintain data confidentiality and security
(b) We use Platform Data for legitimate business purposes
(c) We anonymize data for benchmarks and insights
(d) Individual customer data is not sold or publicly released
(e) Our rights are exercised responsibly and legally

5. Acceptable Use and Conduct

5.1 Your Responsibilities. You are solely responsible for your use of the Platform and compliance with all applicable laws.

5.2 Prohibited Activities.

(a) Illegal or Harmful Use

Use the Platform for any illegal purpose
Violate any applicable laws or regulations
Facilitate fraud, money laundering, or criminal activity
Violate export controls or sanctions

(b) Platform Interference

Introduce malware, viruses, or harmful code
Attempt unauthorized access to any systems
Interfere with or disrupt Platform operations
Exceed rate limits or abuse resources
Use automated systems without permission

Reverse engineer, decompile, or disassemble the Platform
Remove, alter, or obscure proprietary notices
Infringe any third-party intellectual property rights
Copy or reproduce Platform elements

(d) Access Misuse

Share login credentials or account access
Create fake, misleading, or duplicate accounts
Impersonate others or misrepresent affiliations
Resell or transfer access without authorization
Allow unauthorized third-party access

(e) Content Violations

Upload defamatory, threatening, or harassing content
Submit false, misleading, or fraudulent information
Post inappropriate or offensive material
Violate privacy or publicity rights

(f) Competitive Activity

Use the Platform to develop competing services
Extract data for competitive purposes
Benchmark or analyze the Platform without permission
Recruit our employees or customers

5.3 Enforcement Rights.

(a) Monitor all Platform activity
(b) Remove, modify, or refuse any content
(c) Suspend or terminate access for any reason
(d) Report activities to law enforcement
(e) Take any action to protect our interests

5.4 No Monitoring Obligation. We have no duty to monitor but reserve all rights to do so.

6. Privacy, Security, and Data Protection

6.1 Our Privacy Commitment. While we maintain shared rights to Platform Data as described in Section 4, we are committed to protecting the privacy and security of information on our Platform.

6.2 Security Infrastructure.

(a) Enterprise-grade cloud infrastructure (including Salesforce)
(b) Encryption of data in transit and at rest
(c) Multi-factor authentication capabilities
(d) Regular security audits and assessments
(e) Access controls and authorization protocols
(f) Secure backup and disaster recovery systems
(g) 24/7 monitoring and incident response

6.3 Privacy Practices.

(a) We do not sell personal information to third parties
(b) We do not publicly publish individual customer data
(c) We limit access to data to authorized personnel with legitimate business needs
(d) We maintain data confidentiality except as required for Platform operations
(e) We anonymize data when creating industry benchmarks and insights
(f) We require service providers to maintain confidentiality

6.4 Legal Compliance.

(a) Reasonable data security requirements
(b) Breach notification obligations
(c) Industry-standard privacy practices
(d) Lawful basis for data processing

Note: You remain responsible for your own compliance obligations.

6.5 Data Breach Response.

(a) We will investigate and remediate promptly
(b) We will notify affected customers as required by law
(c) We will cooperate with regulatory requirements

6.6 Limitations. You acknowledge that:

(a) No security is perfect or impenetrable
(b) We are not liable for sophisticated attacks despite reasonable measures
(c) You are responsible for your account security
(d) You should maintain your own backups
(e) Our shared data rights remain as stated in Section 4

6.7 Your Privacy Obligations. You represent that:

(a) You have necessary rights and consents for data you share with us
(b) You will comply with applicable privacy laws
(c) You will not upload prohibited or illegal content
(d) You will notify us of any legal restrictions on your data

7. Fees and Payment

7.1 Fees. You agree to pay all fees in your Order Form or Service Agreement.

7.2 Payment Terms. Unless otherwise specified, fees are due net 30. We may suspend service for late payment.

7.3 Taxes. Fees exclude taxes, which are your responsibility.

7.4 No Refunds. All fees are non-refundable.

7.5 Price Changes. We may change prices at any time with notice.

8. Term and Termination

8.1 Term. These Terms continue while you use the Platform.

8.2 Termination. Either party may terminate as specified in your Service Agreement or for uncured material breach.

8.3 Immediate Termination. We may terminate immediately for:

(a) Violation of Acceptable Use
(b) Non-payment
(c) Illegal activity
(d) Any reason in our discretion

8.4 Effect of Termination.

(a) Your access ends immediately
(b) All fees become due
(c) Our rights to Platform Data continue
(d) You may request data export within 30 days
(e) No refunds are provided

8.5 Survival. These sections survive termination: Intellectual Property, Data Rights, Indemnification, Limitation of Liability, Confidentiality, and General Provisions.

9. Warranties and Disclaimers

9.1 Mutual Warranties. Each party warrants it has authority to enter these Terms.

9.2 Complete Disclaimer.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR REQUIREMENTS.

10. Indemnification

10.1 Your Indemnification. You will defend, indemnify, and hold harmless Fintra and its affiliates, officers, directors, employees, and agents from all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

(a) Your use of the Platform
(b) Your violation of these Terms
(c) Your violation of any law or third-party rights
(d) Your data or content
(e) Your users' activities

10.2 Control. We control defense of indemnified claims and may settle in our discretion.

11. Limitation of Liability

11.1 No Consequential Damages.

NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

11.2 Liability Cap.

EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS, TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) FEES PAID IN THE 12 MONTHS BEFORE THE CLAIM OR (B) $10,000.

11.3 Essential Purpose.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

11.4 Basis of Bargain.

YOU ACKNOWLEDGE THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF OUR AGREEMENT AND WE WOULD NOT PROVIDE THE PLATFORM WITHOUT THEM.

12. Confidentiality

12.1 Definition. "Confidential Information" means non-public information marked confidential or reasonably understood to be confidential.

12.2 Obligations. Each party will protect the other's Confidential Information and use it solely for this agreement's purposes.

12.3 Exceptions. Obligations exclude information that is public, rightfully known, independently developed, or legally required to be disclosed.

12.4 Platform Data Not Confidential. Platform Data is not your Confidential Information.

13. General Provisions

13.1 Entire Agreement. These Terms and your Service Agreement are the complete agreement, superseding all prior agreements.

13.2 Assignment. You cannot assign without our written consent. We may assign freely.

13.3 Governing Law. Tennessee law governs, excluding conflicts rules. Exclusive venue is Davidson County, Tennessee courts.

13.4 Waiver of Jury Trial.

BOTH PARTIES WAIVE ANY RIGHT TO JURY TRIAL.

13.5 Attorneys' Fees. The prevailing party in any dispute recovers reasonable attorneys' fees and costs.

13.6 Severability. Invalid provisions will be modified to be enforceable or removed.

13.7 Force Majeure. Neither party is liable for delays beyond reasonable control.

13.8 Notices. Legal notices must be written and sent to addresses in your Service Agreement.

13.9 No Waiver. No waiver is effective unless written and signed.

13.10 Independent Contractors. We are independent contractors, not partners or agents.

13.11 Export Compliance. You will comply with all export laws and restrictions.

13.12 Publicity. We may identify you as a customer and use your name and logo in marketing.

13.13 No Third-Party Beneficiaries. These Terms benefit only the parties.

13.14 Interpretation. These Terms are not construed against the drafter. Headings are for convenience only.

14. Definitions

"Affiliate" means any entity controlling, controlled by, or under common control with a party.

"Order Form" means any ordering document, statement of work, or service agreement referencing these Terms.

"Personal Information" means information that identifies or could identify a natural person.

"Platform" means all Fintra software, services, features, and functionality, including all updates and modifications.

"Platform Data" means any and all data that touches, enters, or interacts with our Platform in any way.

"Security Incident" means unauthorized access to or acquisition of Platform Data.

"Service Agreement" means any agreement for specific services that incorporates these Terms.

Acknowledgement

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you are entering these Terms on behalf of an entity, you represent that you have authority to bind that entity.