Limitation of Liability Addendum
Effective Date: June 22, 2026
Incorporated by reference into: Terms of Service · Provider Service Agreement · Lender Partner Agreement
1. Purpose and Scope
This Addendum precisely defines the allocation of risk between FinVerified, Inc. ("FinVerified") and any party entering into an agreement with FinVerified that incorporates this Addendum ("User"). In the event of any conflict between this Addendum and the body of an incorporating agreement, the body of the incorporating agreement controls unless it expressly defers to this Addendum.
2. Nature of Service — No Guarantee of Outcomes
FinVerified is a compliance verification platform — not a law firm, not a regulatory authority, and not a licensed financial institution. FinVerified reviews, monitors, and reports on whether payment pathway operations are structured consistently with applicable legal requirements as those requirements are understood at the time of the review. Laws change. Regulatory interpretations change. FinVerified's outputs reflect a point-in-time assessment.
FinVerified expressly does not guarantee and is not liable for: (a) any regulatory investigation, fine, penalty, or enforcement action against any User, regardless of whether the User was using the platform at the time; (b) any finding by a court, regulator, or arbitrator that a User's operations are or were non-compliant; (c) the adequacy of any disclosure, agreement, or notice for any particular regulatory purpose; (d) any specific lender approval or financing outcome; or (e) the legal sufficiency of any document generated or facilitated by the platform.
3. Third-Party Processors and Lenders
FinVerified connects Users with third-party payment processors and lender partners. FinVerified is not responsible for: (a) any lender's credit or approval decision; (b) any processor's fee structure, chargeback policies, or reserve requirements; (c) any data security incident, breach, or unauthorized access within a third party's systems; (d) any change in a third party's terms, availability, or regulatory status; or (e) any patient or clinic dispute arising from a lender or processor relationship. Each User's relationship with third parties is governed by that third party's terms — not by FinVerified.
4. Aggregate Liability Cap
FinVerified's total aggregate liability to any User for all claims under any agreement incorporating this Addendum — whether in contract, tort, strict liability, or any other theory — will not exceed the greater of: (a) the total fees actually paid by that User to FinVerified during the three (3) calendar months immediately preceding the event giving rise to the earliest claim in the same series; or (b) five hundred dollars ($500.00 USD).
This cap applies to all claims in the aggregate, not per claim.
5. Exclusion of Consequential and Punitive Damages
IN NO EVENT WILL FINVERIFIED BE LIABLE FOR ANY: LOST PROFITS; LOST REVENUE; LOSS OF DATA; LOSS OF BUSINESS OPPORTUNITY; LOSS OF GOODWILL; COST OF SUBSTITUTE SERVICES; INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — ARISING OUT OF OR RELATED TO ANY AGREEMENT INCORPORATING THIS ADDENDUM, REGARDLESS OF WHETHER FINVERIFIED WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION.
6. Essential Basis of the Bargain
THE LIABILITY LIMITATIONS IN THIS ADDENDUM ARE FUNDAMENTAL TO THE TERMS ON WHICH FINVERIFIED MAKES ITS PLATFORM AVAILABLE. THEY REFLECT THE PARTIES' AGREED ALLOCATION OF RISK. FINVERIFIED WOULD NOT OFFER THE PLATFORM AT THE PRICE POINTS CHARGED WITHOUT THESE PROTECTIONS. USERS ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE NATURE OF THE SERVICES AND THE FEES INVOLVED.
7. Exceptions
Nothing in this Addendum limits FinVerified's liability for: (a) FinVerified's own fraud or intentional misconduct; (b) death or personal injury caused by FinVerified's gross negligence; or (c) liability that cannot be excluded or limited under applicable law (including applicable consumer protection statutes). These exceptions are narrow and do not expand the scope of FinVerified's obligations beyond what is expressly stated.
8. Survival
The limitations and exclusions in this Addendum survive termination or expiration of any agreement incorporating it.