Please read this agreement carefully. By clicking "I Agree," creating an account, or accessing the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use the Services.
This Master User Agreement (the "Agreement") is a legally binding contract between you ("you," "your," or "User") and MogulBay ("MogulBay," "we," "us," or "our"), governing your access to and use of the MogulBay platform, website (mogulbay.com), mobile applications, and all related services (collectively, the "Services").
By accessing or using the Services, you enter into a binding legal agreement with MogulBay and agree to comply with all terms, conditions, policies, and notices contained or referenced herein. This Agreement is offered on a take-it-or-leave-it basis: if you do not agree to every term, your only remedy is to not use the Services.
The Services are provided as a community-focused benefit for informational and educational purposes only. You use the Services at your own risk and you remain solely responsible for your decisions, actions, and outcomes.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.
MogulBay reserves the right to modify, update, or replace this Agreement at any time, in its sole discretion, with or without notice. Any changes will be effective immediately upon posting to the Services. Your continued use of the Services after any such changes constitutes your acceptance of the modified Agreement. It is your responsibility to review this Agreement periodically.
MogulBay provides a financial management platform that enables Users to connect financial accounts, track net worth, view transaction history, and access AI-powered financial projections and forecasts.
Our Services utilize proprietary algorithms and predictive behavioral models (collectively, "AI Systems") that analyze your historical financial data — including income, spending patterns, account balances, and transaction history — to generate personalized net worth projections for future time periods (e.g., 2030, 2040, and beyond). These AI Systems learn from your individual financial behavior to model potential future outcomes.
The Services may integrate with third-party financial institutions, data aggregators, and service providers to enable account connectivity and data synchronization. MogulBay is not responsible for the availability, accuracy, or performance of any third-party services.
3.1 NO FIDUCIARY RELATIONSHIP. MogulBay is not a financial advisor, investment advisor, broker-dealer, registered investment advisor, or fiduciary. Nothing provided through the Services constitutes financial, investment, tax, legal, or professional advice. We do not provide recommendations regarding the purchase, holding, or sale of any financial products, securities, or investments.
All financial projections, forecasts, net worth calculations, and scenario analyses provided by the Services (including AI-generated projections) are estimates based on historical data, assumptions, and computational models. These projections:
The AI Systems are predictive models that analyze patterns in your historical financial behavior. However:
You acknowledge and agree that:
The Services may include an AI-powered chat-based financial assistant, agent, or similar conversational feature (the "AI Agent") that generates responses based on information you provide, information available through your connected accounts (if enabled), and/or probabilistic models.
(a) Informational and Educational Only. The AI Agent provides general informational and educational content only. Any outputs are provided for general guidance and learning purposes and are not tailored professional advice.
(b) Not a Professional Advisor. The AI Agent (and MogulBay) is not a financial advisor, investment advisor, broker-dealer, registered investment advisor, tax professional (including a CPA), attorney, real estate broker, mortgage broker, insurance producer, or other licensed professional. The AI Agent does not provide fiduciary services.
(c) Simulations; No Professional Recommendation. You acknowledge that any apparent "advice," suggestions, or responses from the AI Agent (for example, "Can I buy a home?" or "Should I refinance?") are simulations and hypothetical outputs generated from the data, assumptions, and models available to the AI Agent at the time. They are not professional recommendations, offers, endorsements, solicitations, or guarantees.
(d) No Liability for Decisions Based on Chat. You are solely responsible for any decisions, actions, or outcomes based on your interactions with the AI Agent. To the fullest extent permitted by law, MogulBay is not liable for any losses or damages arising from or relating to your reliance on AI Agent outputs or any actions you take (or do not take) based on those outputs.
(e) Inaccurate or Incomplete Information ("Hallucinations"). You understand that the AI Agent may occasionally generate inaccurate, incomplete, misleading, outdated, or fabricated information (sometimes referred to as "hallucinations"), may misinterpret your inputs, and may omit important considerations. You agree to verify any AI Agent output before relying on it, including by reviewing underlying account data and consulting qualified professionals.
To access certain features of the Services, you must create an account and provide accurate, complete, and current information. Your access to and use of the Services is a privilege, not a right, and is expressly conditioned on your ongoing compliance with this Agreement. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify MogulBay of any unauthorized use of your account or any other breach of security. MogulBay is not liable for any loss or damage arising from your failure to protect your account credentials.
When you connect third-party financial accounts to the Services, you authorize MogulBay and its third-party service providers to access, retrieve, and use your financial data from those accounts in accordance with this Agreement and our Privacy Policy. You represent and warrant that you have the authority to provide such access, and you understand and agree that MogulBay is not responsible for the completeness, timeliness, or accuracy of data received from third parties.
You are solely responsible for ensuring that all account connections, data inputs, and information you provide are accurate and up to date. MogulBay has no obligation to review, verify, audit, or correct any User Data or outputs. MogulBay is not responsible for errors, projections, or analyses resulting from inaccurate, incomplete, or outdated information.
By using the Services, you grant MogulBay a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to access, use, store, process, reproduce, modify, adapt, create derivative works from, and analyze your financial data, account information, transaction history, and any other data you provide or generate through the Services (collectively, "User Data") for the following purposes:
MogulBay may publish, disclose, or distribute User Data for research, marketing, benchmarking, or other business purposes, provided that such data is aggregated, anonymized, and de-identified such that no individual User can be identified. You acknowledge and agree that MogulBay owns all rights to such aggregated and anonymized data.
You acknowledge that you will not receive any compensation, royalties, or other payment for MogulBay's use of User Data as described in this Agreement.
You agree not to:
In addition to the prohibited conduct above, you agree that you will not (and will not attempt to):
All content, features, functionality, software, code, algorithms, AI Systems, designs, graphics, trademarks, logos, and other materials provided through the Services (collectively, "MogulBay Content") are owned by or licensed to MogulBay and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with this Agreement, MogulBay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use only.
You may not copy, modify, distribute, sell, lease, rent, sublicense, or create derivative works based on the Services or MogulBay Content without MogulBay's prior written consent.
If you provide MogulBay with any suggestions, feedback, or ideas regarding the Services, you grant MogulBay a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and exploit such feedback without compensation or attribution.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
MogulBay employs commercially reasonable security measures to protect User Data. However, no system is completely secure, and MogulBay cannot guarantee the absolute security of your data. You acknowledge and accept the inherent risks of transmitting information over the internet.
MogulBay may retain User Data for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce this Agreement. Even after account termination, MogulBay may retain aggregated, anonymized, or de-identified data indefinitely.
9.1 AS-IS BASIS. THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." MOGULBAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO:
9.2 NO GUARANTEE OF RESULTS. MOGULBAY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES, PROJECTIONS, OR AI SYSTEMS WILL MEET YOUR EXPECTATIONS, ACHIEVE ANY PARTICULAR FINANCIAL OUTCOME, OR PRODUCE ACCURATE RESULTS.
9.3 THIRD-PARTY SERVICES. MOGULBAY IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, AVAILABILITY, OR PERFORMANCE OF ANY THIRD-PARTY SERVICES, FINANCIAL INSTITUTIONS, OR DATA PROVIDERS INTEGRATED WITH THE SERVICES.
9.4 JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10.1 MAXIMUM LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MOGULBAY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO MOGULBAY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
10.2 EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOGULBAY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
10.3 BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 10 ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND MOGULBAY, AND THAT MOGULBAY WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
10.4 JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless MogulBay, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
MogulBay reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with MogulBay in asserting any available defenses.
You may terminate this Agreement at any time by discontinuing use of the Services and deleting your account.
MogulBay may suspend or terminate your access to the Services, in whole or in part, at any time, with or without cause, with or without notice, and with immediate effect. Grounds for termination may include, but are not limited to:
Upon termination:
13.1 BINDING ARBITRATION. YOU AND MOGULBAY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, except as provided in Section 13.5.
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in Alameda County, California, or another mutually agreed location, and will be conducted in English.
The arbitrator will have exclusive authority to resolve all Disputes, including disputes regarding the interpretation, applicability, enforceability, or formation of this Agreement, including the arbitrability of any claim and the scope of this arbitration provision.
13.4 CLASS ACTION WAIVER. YOU AND MOGULBAY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Either party may bring a lawsuit in court to:
You may opt out of this arbitration provision by sending written notice to MogulBay within thirty (30) days of first accepting this Agreement. The notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Send to: [email protected].
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
To the extent arbitration does not apply, you agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state courts located in Alameda County, California, or the federal courts for the Northern District of California, and you consent to the personal jurisdiction of such courts.
This Agreement, together with the Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and MogulBay regarding the Services and supersedes all prior agreements, understandings, and representations.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision. MogulBay's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer this Agreement or any rights or obligations hereunder without MogulBay's prior written consent. MogulBay may freely assign this Agreement without restriction. Any attempted assignment in violation of this provision is void.
MogulBay shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.
This Agreement is for the sole benefit of you and MogulBay and does not create any third-party beneficiary rights.
All notices to MogulBay must be sent to [email protected]. MogulBay may provide notices to you via email, through the Services, or by posting on the website. You consent to receive communications from MogulBay electronically.
This Agreement is written and executed in English. Any translations are provided for convenience only, and the English version shall control in the event of any conflict.
If you have any questions about this Agreement or the Services, please contact us:
MogulBay, LLC
Email: [email protected]
Website: mogulbay.com
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS MASTER USER AGREEMENT.