Terms of Use

These Terms of Use govern the Underboss product, which is operated by Modfin Inc. ("we," "us," or "our").

Effective Date: February 6, 2026

1. Acceptance of the Terms

By accessing or using the Underboss website, application, or related services operated by us (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you may not use the Services.

You represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or your business. We do not knowingly collect information from persons under 18. If we learn a user is under 18, we will terminate their account.

2. Definitions

"We," "us," or "our" refers to Modfin Inc.
"Underboss" refers to the Underboss product operated by us.
"User" or "you" refers to the individual or business using the Services.
"Account" means your registered account with Underboss.
"User Data" means data, content, and information submitted to the Services by you or on your behalf.
"Subscription" means a paid plan granting access to certain features of the Services.
"Personal Data" means information that identifies or could reasonably identify an individual person.

3. The Services

Underboss is a software product operated by us that provides tools to help service businesses organize billing, bookkeeping, records, and related operational information. The Services may evolve over time, and features may be added, modified, or removed.

We do not guarantee that any specific feature will always be available.

Geographic Availability: The Services are intended for use in the United States and other jurisdictions where we choose to make them available. Availability may be restricted in certain countries or regions based on legal or business considerations.

4. License to Use the Services

Subject to these Terms and any applicable Subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Services unless expressly permitted by us.

5. User Data and Data Use

5.1 Ownership of User Data

You retain ownership of all User Data. These Terms do not transfer ownership of User Data to us.

5.2 License to Use User Data

By using the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, process, analyze, transmit, and display User Data solely for the purpose of operating, maintaining, improving, and providing the Services, including developing new features, analytics, and recommendations.

5.3 Aggregated and De-Identified Data

We may create aggregated, anonymized, or de-identified data derived from User Data that does not identify you, your business, or your customers. We may use such data for any lawful purpose related to the Services, including analytics, benchmarking, pricing recommendations, service comparisons, and product improvement.

No aggregated or de-identified data will be used in a manner that reasonably could identify you or your customers. We will use industry-standard de-identification techniques in accordance with applicable data protection laws and will not attempt to re-identify such data.

5.4 Artificial Intelligence and Machine Learning

Certain features of the Services use artificial intelligence (AI) and machine learning (ML) technologies to provide automated suggestions, classifications, predictions, and other outputs. These AI/ML features may include, but are not limited to:

Automated categorization of transactions and expenses
Predictive analytics for business metrics
Recommendations for pricing, billing, or operational decisions
Pattern detection in financial data

Training Data: We may use aggregated and de-identified data (as described in Section 5.3) to train, improve, and develop our AI/ML models. We do not use your identifiable User Data to train AI/ML models that serve other users unless you explicitly opt in to such use.

Accuracy and Reliability: AI/ML outputs are probabilistic and may be incomplete, inaccurate, or inappropriate for your specific situation. You are solely responsible for reviewing, verifying, and approving any decisions or actions based on AI/ML outputs.

5.5 Data Retention and Deletion

During Active Use: We retain User Data for as long as your Account remains active and as necessary to provide the Services.

After Termination: Upon termination of your Account, we may retain User Data as necessary for legitimate business purposes, including backup and disaster recovery, legal compliance, fraud prevention, resolving disputes, and enforcing our agreements.

Your Right to Delete: You may request deletion of your Personal Data at any time by contacting us at help@underboss.app. We will respond to verified deletion requests in accordance with applicable law. Note that we may retain certain information as permitted or required by law, including for legal, tax, audit, and accounting purposes.

Backups: Deleted data may persist in backup systems for a period of time following deletion from production systems.

5.6 Data Portability

You may export your User Data through the Services interface where export functionality is available. We are not obligated to provide data exports in any particular format or timeframe, except as required by applicable law.

6. Privacy and Data Protection

6.1 Privacy Policy

Our collection, use, and protection of Personal Data is governed by our Privacy Policy, available at https://underboss.app/resources/legal/privacy. The Privacy Policy is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy with respect to Personal Data, the Privacy Policy controls.

6.2 Data Protection Compliance

We are committed to compliance with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR).

For California Residents: You have specific rights under the CCPA, including the right to know what Personal Data we collect, the right to delete Personal Data, and the right to opt out of the sale of Personal Data. We do not sell Personal Data. For details and to exercise your rights, see our Privacy Policy.

For EEA/UK Users: If you are located in the European Economic Area or United Kingdom, additional terms apply, including your rights under GDPR. See our Privacy Policy for details. When processing your Personal Data, we act as a data processor on your behalf, and you are the data controller. You are responsible for ensuring you have a lawful basis for providing Personal Data to the Services and for complying with your obligations as a data controller.

International Data Transfers: If you are located outside the United States, your Personal Data may be transferred to, stored, and processed in the United States or other countries where we or our service providers operate. We use appropriate safeguards, such as Standard Contractual Clauses, to protect your Personal Data in accordance with applicable law.

7. User Responsibilities

You are responsible for maintaining the accuracy of User Data, safeguarding your Account credentials, and all activity that occurs under your Account. You agree to use the Services only for lawful business purposes and not in any unlawful, abusive, or fraudulent manner.

7.1 Acceptable Use and Restrictions

You may not, directly or indirectly:

Reverse engineer, decompile, or attempt to extract source code from the Services
Access the Services using automated means except as expressly permitted
Interfere with or disrupt the integrity, performance, or security of the Services
Attempt to bypass usage limits, authentication measures, or other safeguards
Scrape, index, or harvest data from the Services without authorization
Use the Services to store or transmit malicious code
Use the Services in any manner that violates the privacy rights of others
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Store, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable

We may suspend or terminate access for violations of this section.

8. Subscriptions, Fees, and Billing

Certain features of the Services require payment of subscription fees. Fees may be based on subscription tiers, usage, features, or a combination thereof, as described at the time of purchase.

Subscriptions automatically renew unless canceled before the end of the current billing period. You authorize us to charge your selected payment method for applicable fees.

We may modify pricing or introduce new charges at any time. Any pricing changes will apply prospectively.

Unless otherwise stated, fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of any such taxes associated with your Subscription.

No Refunds

Except where required by law, all fees are non-refundable, and no credits or refunds are provided for partial subscription periods.

Trials and Promotions

We may, in our sole discretion, offer free trials or promotional access from time to time. Such offers may be modified or discontinued at any time and do not create an ongoing obligation.

9. Payments Between Users and Their Customers

The Services may enable you to request, accept, or record payments from your customers through third-party payment platforms or services (such as payment processors, wallets, or banks) that are not operated by us (each, a "Payment Provider"). Our Services facilitate the recording and tracking of payment information for your convenience, but all actual payment processing, authorization, settlement, and disbursement of funds is handled exclusively by your chosen Payment Provider.

We do not process, hold, transmit, or settle funds on your behalf and are not a payment processor, money services business, or merchant of record for any transaction between you and your customers.

Any payment transaction is solely between you and your customer and is governed by the terms and policies of the applicable Payment Provider. You are solely responsible for all aspects of such transactions, including payment authorization, refunds, chargebacks, disputes, fees, taxes, and compliance with applicable laws. We disclaim all responsibility and liability arising from or related to payments processed through Payment Providers.

We have no obligation to pay, reimburse, advance, or otherwise fulfill any financial obligation to you, your customers, or any other party in connection with such transactions. We do not adjudicate or resolve payment disputes, chargebacks, or refunds and do not provide customer support for issues arising from payments processed by Payment Providers. Any assistance we may provide is limited to the operation of the Services and does not include handling or resolving payment-related issues.

10. Limitations on Advice and Automated Outputs

10.1 No Professional Advice

The Services provide tools to help organize financial and operational information. We do not provide accounting, tax, legal, or financial advice. You are solely responsible for verifying the accuracy of information and for compliance with applicable laws and regulations. You should consult with qualified professionals (such as accountants, tax advisors, or attorneys) for advice specific to your business and circumstances.

10.2 Automated and AI-Generated Outputs

Certain features of the Services may generate automated suggestions, classifications, or outputs using artificial intelligence, machine learning, and other automated technologies. These outputs are provided for informational purposes only and may be incomplete, inaccurate, or inappropriate for your specific situation. You are responsible for reviewing and approving any decisions or actions taken based on such outputs.

We do not guarantee the accuracy, completeness, or suitability of any automated or AI-generated output. Such outputs should be used as a starting point for your own analysis and decision-making, not as a substitute for professional judgment or advice.

11. Feedback

If you voluntarily provide feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, royalty-free right to use and incorporate such feedback without restriction or compensation.

12. Intellectual Property

The Services, including all software, design, text, graphics, and trademarks, are owned by us and protected by applicable laws. Except for the limited rights expressly granted to you, no rights are granted by implication or otherwise.

Use of Our Trademarks: You may not use our name, logo, or trademarks without our prior written permission, except as necessary to identify yourself as a user of the Services (e.g., "Powered by Underboss" with our approval).

13. Security

We implement reasonable administrative, technical, and physical safeguards designed to protect User Data from unauthorized access, use, disclosure, alteration, and destruction.

However, no system is completely secure, and we cannot guarantee the absolute security of your data. You are responsible for maintaining the confidentiality of your Account credentials and for any activity that occurs under your Account.

Security Incidents: In the event of a data breach or security incident that affects your Account or User Data, we will notify you in accordance with applicable law. Notification will be provided via email to your registered account address.

14. Suspension and Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms, non-payment, or misuse of the Services.

Upon termination, your right to access the Services will immediately cease. We are not obligated to retain User Data following termination, except as specified in Section 5.5 (Data Retention and Deletion) and as required by law. We encourage you to export your data before termination.

15. Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant that any defects will be corrected or that the Services will meet your specific requirements.

16. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Services.

Our total liability for any claim arising out of or relating to the Services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Services
Your violation of these Terms
Your violation of any rights of another party
Your User Data or any content you submit to the Services

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Arbitration and Class Action Waiver

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") in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Santa Clara County, California, unless you and we agree otherwise in writing.

Small Claims Court. Either party may bring an individual action in small claims court as an alternative to arbitration.

Final and Binding. The arbitrator's decision will be final and binding. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Waiver of Class Actions and Jury Trial. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Survival. This arbitration agreement shall survive termination of these Terms.

19. Platform Access and Third-Party Services

19.1 Platform Access

The Services may be accessed through one or more third-party platforms or environments, including mobile application marketplaces, web platforms, or AI-enabled interfaces. Your use of the Services through any such platform remains subject to these Terms. We are not responsible for the availability, functionality, or policies of any third-party platform.

19.2 Apple App Store

If you access the Services through an application distributed via the Apple App Store, you acknowledge and agree that:

These Terms are between you and us, and not with Apple Inc.
Apple has no obligation to provide maintenance or support services with respect to the application.
Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses related to the application or your use of the Services.
In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, in accordance with Apple's terms. To the maximum extent permitted by law, Apple has no other warranty obligation.
Apple is a third-party beneficiary of these Terms and has the right to enforce these Terms against you as a third-party beneficiary.

19.3 Google Play Store

If you access the Services through an application distributed via the Google Play Store, you acknowledge and agree that:

These Terms are between you and us, and not with Google LLC.
Google is not responsible for the application or any claims related to it.
Your use of the application must comply with Google Play's then-current Terms of Service.

19.4 Third-Party Services

The Services may integrate with or link to third-party services. We do not control and are not responsible for third-party services, and your use of them is governed by their respective terms.

20. Electronic Communications

By using the Services, you consent to receive communications from us electronically, including notices, agreements, disclosures, and other communications related to the Services. We may provide such communications by email, through the Services, or by posting them on our website. You agree that all such communications satisfy any legal requirement that they be in writing.

21. Force Majeure

We shall not be liable for any failure or delay in performance of the Services (other than amounts owed by us under these Terms) resulting from events beyond our reasonable control, including but not limited to natural disasters, severe weather events, war, terrorism, labor disputes, government actions, internet or telecommunications failures, power outages, or failures of third-party infrastructure or service providers (including cloud service providers).

22. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms. You should review these Terms periodically for updates.

23. Miscellaneous

Severability: If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

No Waiver: Our failure to enforce any provision is not a waiver of our rights.

Headings: Section headings are for convenience only and do not affect interpretation.

Survival: Sections that by their nature should survive termination (including Sections 5, 10, 11, 13, 15, 16, 17, 18, and 23) will survive termination of these Terms.

24. Contact Information

For questions about these Terms, please contact us at help@underboss.app