Terms of Service

Effective date: January 1, 2025

Welcome to Tendrill, LLC ("Tendrill," "we," "us," or "our"). These Terms govern your access to and use of Tendrill's services, including SMS/RCS messaging products, portfolio insights, website, and related apps or APIs (collectively, the "Services").

1. Acceptance of Terms

By accessing or using our Services, you agree to these Terms. If you do not agree, do not use the Services. We may update these Terms from time to time, and continued use after updates constitutes acceptance. Material changes will be communicated via email or through the Services with at least 30 days' notice where required by law.

2. Eligibility

You must be at least 18 years old and the authorized account holder of the phone number you provide to use our Services. By providing a number, you represent you are the subscriber or authorized user. You represent that you have the legal capacity to enter into these Terms and are not barred from using the Services under any applicable laws.

3. Services & Subscriptions

Tendrill provides portfolio-aware alerts, market insights, and account/security messages via SMS/RCS. Services may include free and paid subscription tiers. Subscription fees, billing terms, and cancellation details are provided at the point of purchase and may change with notice. Payments are processed through our third-party payment processor, and you agree to their terms of service.

4. Messaging & Consent

By opting in, you consent to receive messages from Tendrill at the number provided. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe and HELP for assistance.

We do not sell or share mobile information with third parties or affiliates for marketing/promotional purposes.

5. Account Connections via Plaid

If you choose to connect financial accounts, we use Plaid Inc. ("Plaid") to securely access account information. By connecting, you agree that Plaid's terms and privacy policy apply to their processing of your data. We receive read-only financial data (e.g., balances, holdings, transactions) to generate insights. We do not receive or store your bank login credentials and cannot move or hold funds.

6. No Financial Advice

Important Disclaimer: Tendrill provides information and educational insights only. We are not a registered investment adviser, broker-dealer, or financial institution. Nothing in our Services should be considered personalized investment advice or a recommendation to buy, sell, or hold securities. You are solely responsible for investment decisions. Past performance is not indicative of future results. Always consult with a qualified financial professional before making investment decisions.

7. User Responsibilities

You agree to provide accurate information, maintain the security of your account, and comply with all laws. You will not misuse the Services (e.g., reverse engineer, interfere with, or abuse messaging systems). You are responsible for all activity that occurs under your account.

8. Indemnification

You agree to indemnify, defend, and hold harmless Tendrill and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws or regulations.

9. Intellectual Property

Tendrill owns all rights, title, and interest in the Services, including content, design, and technology. You may not copy, distribute, or create derivative works without written permission. All trademarks, service marks, and logos displayed on the Services are the property of Tendrill or their respective owners.

10. Data Security & Breach Notification

We maintain technical and organizational security measures to protect your data. In the event of a confirmed security breach affecting your personal data, we will notify affected users within 72 hours of becoming aware of the incident, in accordance with applicable laws. For more details about our security practices, please review our Cybersecurity Policy and Information Security Policy.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Market data may be delayed, incomplete, or inaccurate. We are not responsible for any investment decisions you make based on information provided through the Services.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TENDRILL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AND TENDRILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions: You may bring claims in small claims court if your claims qualify. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to david@tendrill.com within 30 days of first accepting these Terms.

14. Force Majeure

Tendrill shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, telecommunications failures, or internet service provider failures.

15. Termination

We may suspend or terminate your access to the Services at our discretion for violation of these Terms or misuse. You may terminate by ceasing use and unsubscribing from messages. Upon termination, your right to use the Services will immediately cease. Sections 6, 8, 9, 11, 12, 13, and 16 shall survive termination.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Subject to Section 13 (Arbitration), any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts.

17. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tendrill regarding the Services and supersede all prior agreements and understandings.

18. Contact

Tendrill, LLC

141 N Water St, Unit 20

Milwaukee, WI 53202 United States

Email: david@tendrill.com