Terms of Service

Effective Date: April 27, 2026  |  Last Reviewed: April 27, 2026

Operator: FOCUS SYSTEMS CONSULTING CORP (DBA FintekFlow)  ·  Texas Taxpayer No. 32103509330

1. Parties and Acceptance of Agreement

These Terms of Service ("Agreement") constitute a legally binding contract between FOCUS SYSTEMS CONSULTING CORP, a Texas corporation doing business as FintekFlow ("Company," "we," "us," or "our"), and the entity or individual ("Operator") accessing or using the FintekFlow platform, APIs, or any associated services (collectively, "Services").

By creating an account, executing an Order Form, or accessing any portion of the Services, Operator unconditionally accepts this Agreement and represents that it has full legal authority to enter into this contract. If Operator does not agree to all terms herein, it must immediately cease use of the Services.

2. Description of Services

FintekFlow provides a SaaS-based compliance middleware platform that:

• Integrates with Open Banking providers (currently Plaid Inc.) to retrieve, with Applicant consent, real-time bank transaction data;
• Applies algorithmic computations to determine Ability-to-Repay (ATR) metrics, Debt-to-Income (DTI) ratios, and monthly cash-flow coverage figures;
• Generates a standardized, cryptographically hashed ATR Certificate that Operators may use as one informational input within their proprietary underwriting or tenant-screening workflow;
• Maintains an immutable, encrypted audit trail to assist Operators in meeting their obligations under ECOA Regulation B, GLBA, and applicable fair lending laws.

3. Operator's Sole and Exclusive Decision-Making Responsibility

The Operator assumes one hundred percent (100%) of the legal responsibility and liability for any and all final leasing, rental, purchase, or lending decisions made in connection with or in reliance upon any output generated by the FintekFlow platform.

FOCUS SYSTEMS CONSULTING CORP does not make, recommend, approve, or deny any application, tenancy, or loan. The ATR Certificate is a computational tool; it does not substitute for the Operator's own independent judgment, due diligence, legal review, or regulatory compliance obligations. Operator expressly acknowledges and agrees that:

1. It is solely responsible for ensuring its use of FintekFlow outputs complies with all applicable federal, state, and local laws, including without limitation the Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), and any applicable state landlord-tenant statutes.
2. Where ECOA adverse-action obligations apply to a credit or housing decision, Operator is solely responsible for providing timely, compliant adverse-action notices to affected Applicants.
3. Operator will not use FintekFlow outputs as the sole basis for a denial, and will maintain independent underwriting criteria and documentation sufficient to demonstrate compliance with applicable fair lending laws.

4. Subscription, Fees, and Payment

Access to the Services is conditioned upon Operator's timely payment of applicable fees as set forth in the then-current pricing schedule or the executed Order Form. Fees are non-refundable except as expressly provided in the Company's published Refund Policy. FOCUS SYSTEMS CONSULTING CORP reserves the right to modify pricing upon thirty (30) calendar days' written notice to Operators.

5. Acceptable Use; Prohibited Conduct

Operator agrees not to:

• Use the Services to discriminate against any individual on the basis of race, color, national origin, religion, sex, familial status, disability, or any other protected class under applicable law;
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the platform;
• Resell, sublicense, or transfer access to the Services without prior written consent from FOCUS SYSTEMS CONSULTING CORP;
• Submit false, fraudulent, or misleading information to the platform;
• Use the platform in any manner that could expose FOCUS SYSTEMS CONSULTING CORP to legal liability or regulatory sanction.

6. Intellectual Property

All right, title, and interest in and to the FintekFlow platform, including its algorithms, software, UI/UX, trademarks, and documentation, are and shall remain the exclusive property of FOCUS SYSTEMS CONSULTING CORP. This Agreement does not grant Operator any license, right, or interest in the Company's intellectual property except the limited, non-exclusive, non-transferable right to access the Services during the applicable subscription term.

7. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with this Agreement, and to use such information solely for the purpose of performing obligations or exercising rights hereunder. This obligation survives termination of this Agreement for a period of five (5) years.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOCUS SYSTEMS CONSULTING CORP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY COMPUTED OUTPUT IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR UNDERWRITING DECISION.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOCUS SYSTEMS CONSULTING CORP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOCUS SYSTEMS CONSULTING CORP TO OPERATOR FOR ALL CLAIMS UNDER THIS AGREEMENT EXCEED THE TOTAL FEES ACTUALLY PAID BY OPERATOR TO COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

Operator shall defend, indemnify, and hold harmless FOCUS SYSTEMS CONSULTING CORP, its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

1. Operator's use or misuse of the Services or any ATR Certificate generated thereby;
2. Any final leasing, rental, purchase, or lending decision made by Operator, including any decision resulting in an adverse-action notice, fair housing complaint, regulatory investigation, or civil litigation;
3. Operator's violation of any applicable federal, state, or local law, including without limitation the Fair Housing Act, ECOA, FCRA, or any state fair lending statute;
4. Operator's breach of any representation, warranty, covenant, or obligation under this Agreement;
5. Any third-party claim arising from Operator's business operations or the actions or omissions of Operator's employees, contractors, or agents.

FOCUS SYSTEMS CONSULTING CORP reserves the right to assume exclusive control of any matter subject to indemnification hereunder, at Operator's cost. Operator shall cooperate fully in any such defense. This indemnification obligation shall survive the termination or expiration of this Agreement indefinitely.

11. Governing Law and Dispute Resolution

This Agreement and all disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, performance, breach, or termination, that the parties are unable to resolve informally within thirty (30) calendar days of written notice shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the seat of arbitration in Harris County, Texas. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek emergency equitable relief from a court of competent jurisdiction in Harris County, Texas, to prevent irreparable harm pending the conclusion of arbitration. Each party irrevocably consents to personal jurisdiction and venue in Harris County, Texas, for any such proceeding.

12. Termination

Either party may terminate this Agreement for convenience upon thirty (30) calendar days' written notice. FOCUS SYSTEMS CONSULTING CORP may terminate this Agreement immediately, without notice, in the event of Operator's material breach of any provision herein, including but not limited to non-payment of fees or violation of the Acceptable Use provisions of Section 5.

Upon termination, Operator's access to the Services shall immediately cease, and all obligations that by their nature should survive termination (including Sections 3, 7, 8, 9, 10, and 11) shall so survive.

13. Miscellaneous

• Entire Agreement: This Agreement, together with any executed Order Form and the Privacy Policy incorporated herein by reference, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior oral or written agreements, representations, or understandings.
• Severability: If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• Waiver: The failure of FOCUS SYSTEMS CONSULTING CORP to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
• Assignment: Operator may not assign this Agreement without the prior written consent of FOCUS SYSTEMS CONSULTING CORP. Company may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Amendments: FOCUS SYSTEMS CONSULTING CORP reserves the right to amend this Agreement upon thirty (30) calendar days' written notice. Continued use of the Services after the effective date of an amendment constitutes acceptance of the modified terms.

14. Contact — Legal Notices

All legal notices under this Agreement must be in writing and delivered to: