Terms of Service

1. Acceptance of Terms

The following are the terms and conditions for the use of the Service offered and provided by Wunderwood Corporation d/b/a Prismm ("Prismm", "us", "our" or "we"). Please read these terms of service and our Privacy Policy carefully (together, the "Terms"). The Service is offered to Customers and their Designees conditioned on acceptance without any modification of these Terms. If you do not agree to these Terms, you may not access or otherwise use the Service.

The Service is available only to individuals who can form legally binding contracts under applicable law, and is not available to minors. The Service is offered and available to Customers and/or Designees who reside in the United States or any of its territories or possessions.

2. The Prismm Service

Prismm offers its Customers access to the getprismm.com website and its affiliated web applications (collectively, the "Service"). The Service (i) allows Customers to organize, consolidate, categorize and upload their personal financial, legal and other information and documents (collectively, "Customer Content") to a private account, and (ii) allows Customers to fully control the timing, triggering events and circumstances upon which Customers may share Customer Content with certain designated individuals such as family members, friends, legal advisors, financial advisors, etc. (collectively "Designees").

3. Registration, Account, Password and Security

The individual opening the account on Prismm's website (the "Account") is referred to as the "Customer". In order to use the Service, the Customer must provide truthful, accurate, and current information. Customer will choose a username and password and will be responsible for maintaining the confidentiality of the password.

Customer will have the option to designate one or more Designees, each of whom will be required to agree to these Terms. Customer is fully and solely responsible for establishing, monitoring and/or revoking all Designee permissions.

Customer is fully and solely responsible for any and all activities that occur through the Account. Prismm cannot and will not be liable for any damage resulting from Customer's failure to comply with this security obligation.

4. Non-Exclusive License to the Service

Subject to Customer's acceptance and ongoing compliance with these Terms, Prismm grants Customer and Designee a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services, solely for personal, non-commercial use.

Prismm may make changes to the Service from time to time, including removing any feature or functionality. Customer will not: copy, modify, adapt or create derivative works of the Service; reverse engineer or decompile the Service; rent, lease, sell or sublicense the Service; or use the Service to build a similar or competitive product.

5. Representations

Each party represents and warrants that it has the full power, legal capacity, and authority to enter into these Terms. Customer and Designee represent that they will not use the Service for any illegal or unauthorized purpose and will comply with all applicable laws and regulations.

6. Intellectual Property Rights

The Service and all intellectual property rights in the Service are and shall remain Prismm's exclusive property. Any error reports, feature ideas, feedback, or suggestions that Customer or Designee provide to Prismm will be solely owned by Prismm.

By registering to the Service, Customer grants Prismm the right to use, access, copy, adjust and reproduce Customer's content as part of providing the Service. Prismm does not claim ownership or any copyright in Customer's Content.

7. Confidentiality

Each party agrees that it will not disclose to any third party or use any Confidential Information disclosed to it by the other party, except in accordance with these Terms, and that it will take all reasonable measures to maintain confidentiality.

8. Fees

In consideration for the Service, Customer shall pay Prismm the fees agreed between Customer and Prismm.

9. Term and Termination

Customer may cease using the Service at any time by providing Prismm with 30 days prior written notice by emailing [email protected]. Prismm may terminate these Terms in case of material breach by Customer which has not been cured within fourteen (14) days following written notice.

Upon termination, all rights granted to Customer or Designee shall immediately terminate.

10. Indemnification

Customer and Designee agree to indemnify, defend and hold Prismm and its directors, employees, service providers, agents and representatives harmless from and against any and all claims, damages, losses, costs and expenses arising out of breach of these Terms, misuse of the Account, or negligence or willful misconduct.

11. Disclaimers

The Service is not intended to provide legal, tax or financial advice. Prismm is not engaged in rendering accounting, investment, tax, legal, or other professional services.

Customer and Designee understand and agree that the Service is provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, Prismm disclaims all warranties of any kind, express or implied, including warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose.

12. Limitation of Liability

Prismm shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, under any theory of law. Prismm's total aggregate liability will at all times be limited to the amounts actually received from Customer during the twelve months preceding the claim.

13. Trusted Contact Person

By maintaining an Account, Customer is deemed to have appointed each Designee as a "trusted contact person" with respect to the Customer's financial accounts, solely for purposes such as addressing possible financial exploitation or confirming the identity of any legal guardian, executor, trustee, or holder of a power of attorney.

14. Miscellaneous

These Terms constitute the entire understanding between Customer and Prismm, and revoke and supersede all prior agreements. All disputes will be subject to the governing law of Alabama and the exclusive jurisdiction of courts located in Birmingham, Alabama. The parties understand and agree that they are giving up their right to have a trial by jury.

Notices shall be sent to [email protected].