Customer Terms of Service

These Customer Terms of Service (the “Customer Terms”) govern your access to and use of the Fiskl Platforms and related services. They form a binding agreement between you (the Customer) and Fiskl. Read them carefully. By creating an account, subscribing to the Fiskl Platforms, or accessing the Fiskl Platforms in any way, you agree to these Customer Terms.

If you are entering into these Customer Terms on behalf of an entity (a company, partnership, sole tradership, or other organisation), you represent that you have authority to bind that entity, and “you” and “Customer” refer to that entity.

These Customer Terms incorporate by reference our Acceptable Use Policy, Privacy Policy, Subprocessors page, Cookie Policy, the Customer-Specific Supplement (where applicable to your category), and where you use Atlas, the Atlas Terms Supplement. Together with any Order Form executed between you and Fiskl, these documents form the “Contract.”

1. Definitions

“Account” means the Customer’s instance of the Fiskl Platforms, including all associated data, configurations, users, and connected integrations.

“Atlas” means Fiskl’s accountant practice-management product, including parent organisations, branches, team management, and client management as described in the Atlas Terms Supplement.

“Authorized User” means an individual you grant access to your Account, including employees, contractors, accountants, and other invitees, governed by the User Terms.

“Customer Data” means all data, information, files, transactions, invoices, financial records, banking data, accounting entries, documents, attachments, and content that you, your Authorized Users, or your connected integrations submit to or generate within the Fiskl Platforms.

“Fi” means Fiskl’s conversational AI and orchestration system, including all AI features, AI-driven processing, AI-generated outputs, AI-interpreted data, and AI capabilities integrated into the Fiskl Platforms. Fi includes (without limitation) the conversational interface, AI-Powered Expenses categorisation, document interpretation and extraction, AI-driven calculations and reporting, AI-generated insights and recommendations, and the orchestration of tools, agents, integrations, and workflows on the user’s instruction. References elsewhere in the Contract to “Fi outputs” or “AI outputs” mean any output, result, response, categorisation, calculation, summary, recommendation, or other artefact produced by Fi.

“Fiskl”, “we”, “us”, “our” mean the member of the Fiskl Group that is your Contracting Fiskl Entity under section 1A.

“Fiskl Group” means Fiskl Limited and its current and future direct and indirect Affiliates worldwide engaged in providing or supporting the Fiskl Platforms. The current members of the Fiskl Group are listed at https://fiskl.com/legal/fiskl-group/ or, where that page is not yet published, in this Customer Terms of Service.

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity, where “control” means ownership of more than 50% of voting interests or equivalent power to direct management.

“Fiskl Platform” means any individual platform within the Fiskl Platforms.

“Fiskl Platforms” means, collectively: (a) FisklAI, the end-user accounting platform; (b) Fiskl Atlas, the accountant practice-management platform; (c) Fiskl Orbit, the multi-entity consolidation platform; (d) Fi, the conversational AI and orchestration system that operates across the Fiskl Platforms; (e) the A2A Gateway, the agent-to-agent infrastructure platform; and (f) any other platform launched by Fiskl from time to time, in each case including all features, mobile and desktop applications, websites, APIs, and related interfaces. Where the context requires, references to the Fiskl Platforms include each Fiskl Platform individually.

“Order Form” means a written ordering document signed by both parties or an online subscription confirmation that references these Customer Terms.

“Subprocessor” means any third party Fiskl engages to process Customer Data on our behalf, listed at https://fiskl.com/legal/fiskl-subprocessors/.

“Subscription” means your paid or free subscription to the Fiskl Platforms, including the plan tier (Free, Solo, Pro, Prime, or such other tiers as Fiskl may offer from time to time).

“User Terms” means the User Terms of Service applicable to Authorized Users.

1A. Which Fiskl entity contracts with you

The Fiskl Group operates through one or more legal entities. The Fiskl Group entity that is your contracting party (the “Contracting Fiskl Entity”) is determined as follows:

• where you are domiciled in the United Kingdom, the European Economic Area, Switzerland, the Middle East, Africa, Asia, Latin America, Oceania, or any other region not covered by another Fiskl Group entity: Fiskl Limited, a company incorporated in England and Wales (company number 09330290), registered at 6A Thirlmere Road, London, N10 2DN, United Kingdom;
• where you are domiciled in the United States or Canada and Fiskl, Inc. (or another Fiskl Group entity formed in the United States — targeted incorporation: September 2026) has been incorporated and is operational: that US Fiskl Group entity, with its name and registered address communicated to you at sign-up, in your Order Form, by notice through the Fiskl Platforms, or at https://fiskl.com/legal/fiskl-group/;
• where another Fiskl Group entity has been formed for a particular region in future: that entity, on the same terms.

The current Contracting Fiskl Entity for new and existing customers is Fiskl Limited (United Kingdom) until the relevant Fiskl Group entity is incorporated and assigned. When a new Fiskl Group entity becomes the Contracting Fiskl Entity for a region, Fiskl will give existing customers in that region notice and a clear assignment of contract; the assignment is on the same terms and does not require active acceptance unless the customer objects in writing within 30 days, in which case the existing arrangement continues.

Other Fiskl Group entities act as Sub-processors of Customer Data on the terms of the DPA, regardless of which entity is the Contracting Fiskl Entity. References to “Fiskl” obligations in this Contract apply to the Contracting Fiskl Entity, and obligations performed by another Fiskl Group entity on its behalf are deemed performed by Fiskl.

If you are unsure which Fiskl Group entity is your Contracting Fiskl Entity, contact legal@fiskl.com.

2. The Fiskl Platforms

2.1 What Fiskl provides

Fiskl is an AI-core, multi-currency accounting and financial management platform for businesses, freelancers, and accounting professionals. The Fiskl Platforms include invoicing and quoting, expense management (including AI-Powered Expenses), client and vendor management, time and mileage tracking, accounting (including chart of accounts, journal entries, reconciliation), financial reporting, banking integrations, products and services catalogue, payment processing connections, team management, and the Fi AI advisor.

2.2 Subscription tiers and feature availability

Different Subscription tiers grant access to different features. Tier definitions, feature inclusions, and pricing are published at https://pricing.fiskl.com/. Fiskl may modify tier definitions, features, and pricing on the terms set out in section 11.

2.3 Multi-currency and global use

The Fiskl Platforms support transactions, invoices, accounts, and reporting in multiple currencies. Fiskl is incorporated in the United Kingdom but the Fiskl Platforms are delivered globally. References to currency conversion rates are provided as a convenience and may not match the rate applied by your bank or payment provider.

2.4 Banking integrations

The Fiskl Platforms connect to financial institutions through third-party banking aggregators and direct partners (currently Yodlee, Salt Edge, Stripe, and WIO Bank). When you connect a financial account, you authorise Fiskl and the relevant aggregator to retrieve your transaction data, account balances, and related metadata for use in the Fiskl Platforms. The terms of the relevant aggregator govern your direct relationship with them. Fiskl does not store your bank login credentials at any point.

2.5 Fi

The Fiskl Platforms include Fi, Fiskl’s conversational AI and orchestration system. Fi can analyse Customer Data, run reports, retrieve information from regional tax authorities and Fiskl’s knowledge base, automate categorisation and other AI-driven tasks, orchestrate workflows across the Fiskl Platforms and connected integrations, and respond to natural-language requests. Fi is not a regulated financial, tax, legal, audit, or accounting adviser. Use of Fi is subject to section 8.

2.6 Atlas

Where you sign up for, or are invited into, Atlas as an accounting firm, your use of Atlas is additionally governed by the Atlas Terms Supplement. The Atlas Terms Supplement prevails over these Customer Terms to the extent of any conflict in respect of Atlas-specific functionality.

2.7 Platform evolution

Fiskl continuously improves the Fiskl Platforms. We may add, modify, or remove features. We will not materially diminish the Fiskl Platforms during a paid Subscription period without giving you the right to terminate and receive a pro-rata refund as set out in section 11.

3. Account, access, and security

3.1 Account creation

You create your Account by registering at fiskl.com or through a partner or accountant invitation. You must provide accurate, current, and complete information and keep that information updated.

3.2 Eligibility

The Fiskl Platforms are intended for use by businesses, sole traders, freelancers, and accounting professionals. You must be at least 16 years old. You must have legal capacity to enter into a contract under the laws of your jurisdiction.

3.3 Account security

You are responsible for safeguarding access credentials and for all activity occurring under your Account. You must notify Fiskl promptly if you suspect unauthorised access or compromise.

3.4 Authorized Users

You may grant access to Authorized Users subject to your Subscription tier limits. You are responsible for the conduct of your Authorized Users and their compliance with the Contract and the User Terms. Their actions are deemed your actions for the purposes of the Contract.

3.5 Roles and permissions

The Fiskl Platforms provide role-based access control. You determine which Authorized Users hold which roles. The default Account holder is the Business Owner role with full administrative access.

4. Customer Data and our role

4.1 Ownership of Customer Data

Customer Data is and remains your property. You retain all right, title, and interest in Customer Data, subject to the limited licence in section 4.2.

4.2 Licence to Fiskl

You grant Fiskl a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, transmit, display, process, modify, and otherwise use Customer Data to provide and improve the Fiskl Platforms, to operate Fiskl’s business, to develop and improve Fiskl’s AI models and other products and services, to derive aggregated and de-identified insights, and to comply with law. The scope of this licence in respect of AI model training and Data Products is set out in section 8 (AI provisions and Data Products). This licence survives termination only to the extent set out in sections 8 and 12.

4.3 Data protection roles

For Customer Data that constitutes personal data under UK GDPR, EU GDPR, or equivalent law: – You are the Controller of personal data you submit about your customers, vendors, employees, contractors, and other data subjects. – Fiskl acts as Processor in respect of that personal data. – The terms of our Data Processing Addendum (DPA) govern that processing and are incorporated by reference. The DPA is available at https://fiskl.com/legal/data-processing-addendum/.

4.4 Other Information

Fiskl is the Controller of usage data, telemetry, account metadata, billing data, and other information relating to your use of the Fiskl Platforms (“Other Information”). Our processing of Other Information is described in the Privacy Policy.

4.5 Aggregated and de-identified data

Fiskl produces aggregated, de-identified, anonymised, and statistical data derived from Customer Data and from the operation of the Fiskl Platforms (“Aggregated Data”). Aggregated Data is not Customer Data. Fiskl owns Aggregated Data and may use it for any lawful purpose without restriction, including AI training (whether by Fiskl or its partners), benchmarking, industry research, market intelligence, the development of Data Products as defined in section 8.4, public reporting, and commercialisation including licensing to financial institutions, banks, lenders, payment networks, regulators, fintechs, and other third parties.

De-identification standard. Fiskl applies de-identification techniques designed to ensure that Aggregated Data cannot, by reasonable means and in light of the resources reasonably available to a third party, be re-identified to you, your Authorized Users, your customers, your vendors, or any other natural-person data subject. These techniques include (as applicable to the data and use case): aggregation to a minimum group size, removal of direct identifiers, removal or hashing of indirect identifiers, generalisation, suppression, and noise injection. Where data is licensed to third parties as a Data Product, contractual obligations on the recipient prohibit attempts at re-identification.

4.6 Data export

You may export your Customer Data at any time during an active Subscription using the export tools provided in the Fiskl Platforms. Where you require an export in a format we do not natively support, contact support@fiskl.com.

5. Subscriptions, fees, and payment

5.1 Subscription fees

You pay the fees for your Subscription tier as set out at https://pricing.fiskl.com/ or as agreed in an Order Form. Fees are exclusive of VAT, GST, sales tax, withholding tax, and any equivalent. You are responsible for those taxes except taxes imposed on Fiskl’s net income.

5.2 Billing cycle

Subscriptions are billed monthly in advance unless an annual or other cycle is agreed. Annual billing is available on request and may carry a discount.

5.3 Pro-rata billing

When you upgrade your Subscription mid-cycle, Fiskl charges a pro-rata amount for the remainder of the current cycle. Downgrades take effect at the next billing cycle.

5.4 Free tier

A Free tier is available subject to feature limits. Fiskl reserves the right to modify, limit, or discontinue the Free tier on 30 days’ notice.

5.5 Payment method

You authorise Fiskl (or our payment processor) to charge your nominated payment method for all fees. You must keep payment information current. If a charge fails, Fiskl may suspend the Fiskl Platforms in accordance with section 5.7.

5.6 Refunds

Subscription fees are non-refundable except (a) where required by applicable consumer law, including the right of withdrawal under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where you qualify as a consumer, (b) where Fiskl terminates without cause under section 12.4, or (c) at Fiskl’s discretion.

5.7 Late payment and suspension

If a payment is overdue by more than 14 days, Fiskl may suspend access to the Fiskl Platforms. Suspension does not relieve you of the obligation to pay accrued fees. Fiskl will give reasonable prior notice before suspension where practicable.

5.8 Atlas billing

Where you are an accounting firm using Atlas under the Charge Us model, your firm pays for your clients’ Subscriptions on the terms set out in the Atlas Terms Supplement. Where you are a Customer whose Subscription is paid by your accountant under the Charge Us model, the Atlas Terms Supplement governs the ownership transfer mechanism and disconnection rights.

5.9 Chargebacks, payment disputes, and friendly fraud

This section addresses the increasing pattern of “friendly fraud” or “first-party misuse” in which customers initiate chargebacks or payment disputes after substantive use of paid services. Nothing in this section overrides legitimate consumer-protection rights that cannot be waived under mandatory law (UK Consumer Rights Act 2015, US state consumer-protection law, equivalents); this section addresses the abuse of those rights.

(a) Mandatory pre-dispute escalation. If you have a billing concern, a question about a charge, or a complaint about the Fiskl Platforms, you must contact Fiskl support at support@fiskl.com and give Fiskl a reasonable opportunity (no less than 14 days) to address the concern, before initiating a chargeback or payment dispute with your card issuer, bank, or payment processor.

(b) Bad-faith chargebacks defined. You agree that the following constitute “Bad-Faith Chargebacks”:

• initiating a chargeback after substantive use of the Fiskl Platforms (including use during any free, promotional, trial, or discounted period);
• alleging unauthorised charges or fraud where you (or an Authorized User) authenticated to the Account, accepted the Customer Terms, supplied a payment method, and used the Fiskl Platforms;
• alleging non-receipt of the Fiskl Platforms where usage logs, login records, or feature-activity evidence show receipt;
• disputing a charge for a period during which the Fiskl Platforms were made available to you and you did not contact Fiskl support to raise a concern under section 5.9(a);
• disputing a charge for the purpose of avoiding payment after taking the benefit of the Fiskl Platforms.

(c) Factual acknowledgments. You expressly acknowledge and agree that:

• acceptance and receipt — your use of the Fiskl Platforms during any free, promotional, trial, or discounted period constitutes acceptance of, and full receipt of, the Fiskl Platforms;
• evidence retention — Fiskl maintains, and is entitled to maintain for the period reasonably necessary, evidence of your authorisation and use, including timestamped acceptance of the Customer Terms, account-creation IP and device fingerprint, login history, authentication events, feature-usage records, AI-interaction logs, transaction records, support communications, and Stripe dispute-evidence packages;
• conclusive evidence — you agree that the records described in (ii) are admissible and conclusive evidence of your authorisation and use of the Fiskl Platforms for the purpose of a chargeback dispute.

(d) Consequences of a Bad-Faith Chargeback. If you initiate a Bad-Faith Chargeback, you are in material breach of the Contract, and Fiskl may, in addition to all other rights and remedies:

• suspend and/or terminate your Account immediately under sections 12.3 and 12.5;
• recover the original disputed amount;
• recover all bank, card-network, and payment-processor dispute and representment fees Fiskl incurs in connection with the chargeback;
• recover liquidated administrative damages of USD 250 per Bad-Faith Chargeback (or such higher amount, where lawful, as is necessary to cover Fiskl’s actual administrative cost), as a genuine pre-estimate of the administrative burden, which the parties agree is not a penalty;
• recover reasonable legal fees and collection costs to the extent permitted by law;
• accelerate the remaining contractual term — for annual or fixed-term Subscriptions, the unpaid balance for the remainder of the term becomes immediately due;
• offset any of these amounts against any credits, balances, refunds, or commissions otherwise owed to you.

(e) Permanent ban and anti-cycling. Where you initiate a Bad-Faith Chargeback, Fiskl may permanently terminate your Account and prevent re-registration, including by blocking accounts associated with the same email address, payment method, business name, business-registration number, controlling individual, IP address, device fingerprint, or domain. You agree that Fiskl’s good-faith determination of association is conclusive between the parties.

(f) Reporting to fraud and chargeback databases. Where you initiate a Bad-Faith Chargeback, Fiskl may report the chargeback, your identity, and supporting evidence to:

• chargeback-abuse and merchant-defence databases (including Ethoca, Verifi, Chargebacks911, and equivalents);
• Fiskl’s payment processors and banking partners (including Stripe);
• card networks (Visa, Mastercard, American Express, Discover) where their compelling-evidence frameworks (such as Visa CE 3.0) permit;
• law-enforcement and fraud-prevention authorities, where Fiskl reasonably suspects criminal conduct.

(g) Consumer-rights carve-out. Nothing in this section limits or excludes any right of a consumer that cannot be limited or excluded under applicable mandatory law. A chargeback initiated for a genuine reason (an unauthorised charge made by a third party who obtained your credentials without your authorisation; a billing error materially in excess of the agreed amount; a service that was not made available to you despite your good-faith request; or any other legitimate ground recognised by mandatory law) is not a Bad-Faith Chargeback.

(h) Survival. Fiskl’s rights under this section 5.9 survive termination of the Contract.

6. Customer obligations

6.1 Compliance with the Contract

You must use the Fiskl Platforms in accordance with the Contract, including the Acceptable Use Policy.

6.2 Lawful use

You must comply with all laws applicable to your use of the Fiskl Platforms, including data protection, consumer protection, financial reporting, tax, anti-money laundering, anti-bribery, sanctions, and export-control laws.

6.3 Accuracy of data

You are responsible for the accuracy, completeness, and legality of Customer Data. The Fiskl Platforms produce outputs (including financial reports, tax calculations, and AI-generated insights) based on the data you provide. Fiskl is not responsible for outputs that result from inaccurate or incomplete inputs.

6.4 Professional advice

The Fiskl Platforms, including Fi, provide tools, information, calculations, and guidance. They do not provide legal, tax, accounting, financial, or investment advice for your specific situation. You should consult a qualified professional for advice specific to your circumstances.

6.5 Banking authorisations

When you connect a banking account, you represent that you are authorised to connect that account and to authorise Fiskl and the relevant aggregator to retrieve data from it.

6.6 Third-party services

You are responsible for your relationships with third-party services you connect to the Fiskl Platforms (banking aggregators, payment processors, integration partners). The terms of those third parties govern your direct relationship with them.

6.7 Anti-corruption, sanctions, and trade controls

You represent, warrant, and covenant that:

• you and your Affiliates, officers, directors, employees, and agents will comply with the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, and all other applicable anti-corruption and anti-bribery laws in the jurisdictions in which you operate;
• you and your Affiliates are not, and your beneficial owners are not, persons or entities subject to economic or trade sanctions administered or enforced by the US Office of Foreign Assets Control (OFAC), the UK Office of Financial Sanctions Implementation (OFSI), the EU Council, the United Nations Security Council, or equivalent authorities, and you and your Affiliates are not located in, organised under the laws of, or ordinarily resident in any sanctioned jurisdiction;
• you will not use the Fiskl Platforms in violation of, or to facilitate the violation of, any applicable export control, sanctions, or trade-control law (including the US Export Administration Regulations and the International Traffic in Arms Regulations);
• you will notify Fiskl promptly if any of these representations cease to be true.

A breach of this section 6.7 entitles Fiskl to terminate the Contract immediately under section 12.3.

7. Acceptable use and prohibited activities

You agree to comply with the Acceptable Use Policy. Without limiting that policy, you must not:

• use the Fiskl Platforms to transmit or store unlawful, infringing, defamatory, harassing, fraudulent, or harmful content;
• reverse-engineer, decompile, or otherwise attempt to derive the source code or underlying structure of the Fiskl Platforms except to the extent permitted by mandatory law;
• circumvent any access control, rate limit, or technical protection measure;
• use the Fiskl Platforms to develop a competing product;
• use the Fiskl Platforms for the benefit of, or to provide services to, a Patent Assertion Entity, a sanctioned person, or any party in a sanctioned jurisdiction;
• misuse Fi, including by attempting to extract personal data of other Fiskl customers, by attempting to bypass safety controls, or by relying on Fi outputs as regulated or professional advice;
• submit Customer Data that you do not have the right to submit, or that violates the privacy or other rights of any third party;
• use the Fiskl Platforms to issue, send, or record fake, fictitious, false, sham, or fraudulent invoices, quotes, receipts, expenses, transactions, journal entries, or financial records, or otherwise to fabricate financial activity that did not actually occur;
• use the Fiskl Platforms to facilitate money laundering, terrorist financing, sanctions evasion, tax evasion, VAT fraud (including missing-trader and carousel fraud), invoice fraud, identity fraud, synthetic-identity fraud, or any other financial crime;
• use the Fiskl Platforms to misrepresent the Customer’s financial position to lenders, investors, insurers, banks, regulators, tax authorities, professional advisers, customers, vendors, employees, or any other third party, including by inflating revenue, suppressing liabilities, fabricating receivables, or generating misleading reports;
• use the Fiskl Platforms to deceive Fiskl’s payment, banking, or AI Provider partners, including by initiating Bad-Faith Chargebacks (see section 5.9), manipulating banking integration data, or exploiting AI features to launder content for fraudulent purposes.

The activities in (h) to (k) are material breaches of the Contract regardless of whether the Customer’s conduct also constitutes a criminal or regulatory offence in any jurisdiction.

8. Fi, AI processing, orchestration, Data Products, and Data Monetisation

8.1 Fi reads, processes, and acts on Customer Data

Fi accesses Customer Data within your Account to answer questions, run reports, retrieve information, perform AI-driven categorisation and processing, orchestrate workflows and integrations, and (where you instruct) perform actions. Fi does not expose your raw Customer Data to other Fiskl customers in their respective Accounts.

8.2 AI sub-processors and inference providers

Fi uses third-party AI infrastructure providers and model providers (“AI Providers”) listed in the Subprocessors page. AI Providers process Customer Data only to deliver inference, fine-tuning, and other services to Fiskl, only as instructed by Fiskl, and on contractual terms that:

• prohibit AI Providers from using Customer Data to train AI Providers’ own general-purpose AI models;
• prohibit AI Providers from retaining Customer Data beyond the period necessary to deliver the contracted service;
• prohibit AI Providers from disclosing Customer Data to any further third party except as required by law.

Where Fiskl engages an AI Provider to develop a Fiskl-specific or Fiskl-exclusive fine-tuned model, that model is owned or exclusively licensed by Fiskl, and the rights granted in section 8.3 apply.

8.3 AI training rights

You acknowledge that Fiskl operates a global accounting platform and that the value of the Fiskl Platforms to you and other customers depends on Fiskl’s ongoing development of AI capabilities. You grant Fiskl and its affiliates a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use Customer Data and Aggregated Data to:

• train, fine-tune, evaluate, refine, and improve Fiskl’s own AI models, including Fi and any future AI features and products;
• develop, evaluate, and improve new AI features, products, and services;
• engage AI Providers, research partners, and other third parties to train, fine-tune, evaluate, and improve AI models that are owned by, exclusively licensed to, or developed for the exclusive use of Fiskl (“Fiskl-Exclusive Models”);
• develop, evaluate, and improve benchmarking models, industry analytics, credit and lending models, market intelligence products, and other AI-driven Data Products;
• license Aggregated Data and AI-derived insights to third parties.

Boundary on third-party general-purpose AI training. Fiskl does not provide raw Customer Data to third-party AI developers for the purpose of training those third parties’ general-purpose AI models. Where third-party AI developers receive data from Fiskl, that data is Aggregated Data, or the resulting model is a Fiskl-Exclusive Model. This boundary applies regardless of any sublicensing right granted in this section.

8.4 Data Products and data monetisation

Fiskl may develop, market, license, sell, and otherwise commercialise products, services, datasets, insights, analytics, models, APIs, and feeds derived from Customer Data and Aggregated Data (collectively, “Data Products”). Data Products may include, without limitation:

• industry benchmarking reports and sector analytics;
• market intelligence, economic indicators, and macro-economic insights;
• credit, lending, and underwriting insight products for banks, lenders, payment networks (including card networks), insurers, and other financial institutions;
• regulatory, supervisory, and compliance-reporting products for regulators and financial-stability authorities;
• AI-powered services and embedded analytics for accounting firms, banks, fintech partners, payment providers, ERP and software vendors, and other businesses;
• trained AI models, embeddings, fine-tunes, and other derived AI artefacts (including Fiskl-Exclusive Models as defined in section 8.3);
• data feeds, APIs, and streaming products delivering aggregated insights to third parties;
• research, white papers, indices, and public reporting on global small-business and accounting trends;
• bespoke data and AI products developed under commercial agreement with strategic partners (including financial institutions, payment networks, banks, and other enterprise customers).

Data Products may be made available on a paid or free basis. Fiskl owns all right, title, and interest in Data Products. Fiskl may share revenue from Data Products with strategic partners and may engage exclusive or non-exclusive distribution arrangements. Recipients of Data Products are bound by separate contractual terms that prohibit re-identification, secondary selling, and uses inconsistent with this Contract.

8.5 Fiskl’s data assets

You acknowledge that the combination of Customer Data, Aggregated Data, AI models trained using Customer Data and Aggregated Data, and Data Products derived from them constitute valuable Fiskl assets and a core part of Fiskl’s business. The licence in section 4.2 and the rights in this section 8 are essential to Fiskl’s ability to provide the Fiskl Platforms and to evolve its products and business.

8.6 Customer choice and protections

Fiskl applies the following protections:

• Special category data. Personal data falling within UK GDPR Article 9 (including data revealing health, biometric data, sexual orientation, religious or philosophical belief, ethnic origin, or trade union membership) is excluded from AI training and Data Products unless you have given explicit consent through an opt-in mechanism.
• Customer opt-out. You have the right under applicable data protection law to object to the use of personal data within your Customer Data for AI training and Data Products. Where the Fiskl Platforms provide an opt-out control in your Account settings, you may exercise this right through the Fiskl Platforms. Where the Fiskl Platforms do not yet provide such control, you may exercise this right by emailing dpo@fiskl.com, and Fiskl will give effect to your objection on a forward-looking basis. Section 8.7 (survival of training and Data Product rights) applies to AI models and Aggregated Data already produced before your objection.
• Raw data not shared with third-party developers. Fiskl does not provide raw Customer Data to third-party AI developers for the purpose of training those third parties’ general-purpose AI models. Data shared with third-party AI developers is either Aggregated Data, or it relates to a Fiskl-Exclusive Model as defined in section 8.3.
• Personal data of data subjects. Personal data of natural-person data subjects whose information appears in your Customer Data (your customers, vendors, employees, contractors, and other individuals) is additionally governed by the Privacy Policy and the DPA, including the legal basis for processing for AI training and Data Products.
• Atlas firms. Customer Data of clients managed by Atlas accounting firms is subject to additional protections set out in the Atlas Terms Supplement, which provides Atlas firms with controls over the use of their clients’ Customer Data in AI training and Data Products.

8.7 Survival of AI and Data Product rights

The rights granted to Fiskl in sections 4.5, 8.3, and 8.4 survive termination of the Contract with respect to (a) AI models that have been trained, fine-tuned, or otherwise improved using Customer Data or Aggregated Data prior to termination — Fiskl has no obligation to delete, retrain, or unlearn those models — and (b) Aggregated Data and Data Products already produced. Raw Customer Data is handled on termination as set out in section 12.6.

8.8 AI accuracy and your verification obligation

Fi outputs and any other AI-generated, AI-processed, AI-categorised, AI-interpreted, or AI-derived results in the Fiskl Platforms may contain errors, omissions, inaccuracies, hallucinations, biases, outdated information, or misinterpretations. This includes (without limitation):

• Fi conversational outputs;
• tax guidance referencing tax-authority content;
• financial calculations, summaries, projections, and forecasts;
• AI-Powered Expenses categorisation and any other AI-driven categorisation;
• document interpretation, OCR, and data extraction;
• AI-generated reports, recommendations, and insights;
• outputs of orchestration workflows that Fi performs on your instruction;
• any other output of an AI feature in the Fiskl Platforms.

AI outputs are provided “as is” and “as available”. You are solely responsible for independently verifying any AI output before relying on it — particularly for tax filings, regulatory submissions, payments, financial reporting, professional advice to your own clients, and material business decisions. Fiskl makes no warranty as to the accuracy, completeness, currency, or fitness for purpose of any AI output. Fi is not a regulated financial, tax, legal, audit, or accounting adviser, and Fi outputs are not regulated advice in any jurisdiction.

8.9 Tax authority content

Fi references content from tax authorities (such as the IRS, HMRC, and equivalent agencies in supported regions). Tax authority content is owned by the relevant tax authority and is provided subject to its own terms. Fi’s referencing of tax-authority content does not constitute the provision of tax advice and does not establish a regulated relationship between you and Fiskl.

8.10 Output ownership

Subject to section 8.11, you own the outputs Fi generates in response to your instructions in your Account. Fiskl retains all right, title, and interest in Fi itself, in the underlying models, prompts, infrastructure, and in any AI models or Data Products developed using Customer Data or Aggregated Data.

8.11 Limits on output exclusivity

AI outputs may be similar or identical to outputs generated for other customers asking similar questions. You acknowledge this and waive any claim against Fiskl based on such similarity.

9. Intellectual property

9.1 Fiskl IP

Fiskl owns all right, title, and interest in the Fiskl Platforms, including all underlying software, models, content, designs, trademarks, logos, and documentation. No rights are granted to you except as expressly set out in the Contract.

9.2 Customer marks

You grant Fiskl a non-exclusive, worldwide, royalty-free licence to use your name and logo to identify you as a Fiskl customer in customer lists, case studies, marketing materials, and public statements. You may opt out of this use by emailing legal@fiskl.com. Sensitive use (specific testimonials, case studies referencing your customers) requires your prior written consent.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Fiskl Platforms, you grant Fiskl a perpetual, worldwide, royalty-free, sublicensable licence to use that feedback without obligation to you.

10. Confidentiality

10.1 Confidential Information

Each party may receive non-public information of the other party that is identified as confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Customer Data is your Confidential Information. Pricing, the structure of the Fiskl Platforms, and product roadmap information are Fiskl’s Confidential Information.

10.2 Obligations

The Receiving Party must (a) protect Confidential Information with at least the same degree of care it uses for its own Confidential Information of similar sensitivity (and at minimum reasonable care), (b) use Confidential Information only to perform the Contract, and (c) limit access to its personnel and advisers who need to know.

10.3 Exceptions

The obligations in section 10.2 do not apply to information that (a) is or becomes public other than through breach of the Contract, (b) was lawfully known prior to disclosure, (c) is lawfully received from a third party without confidentiality obligation, or (d) is independently developed without use of the Confidential Information.

10.4 Compelled disclosure

If a party is compelled by law to disclose Confidential Information, it must (where lawful) give prompt notice to the other party and reasonable assistance to limit or contest the disclosure.

11. Changes to the Fiskl Platforms and the Contract

11.1 Changes to the Fiskl Platforms

Fiskl may modify the Fiskl Platforms from time to time. Where a change materially diminishes the Fiskl Platforms during a paid Subscription period, you may terminate that Subscription and receive a pro-rata refund of fees for the unused portion.

11.2 Changes to the Contract

Fiskl may update these Customer Terms, the Acceptable Use Policy, the Privacy Policy, the Subprocessors page, the Cookie Policy, the DPA, the Atlas Terms Supplement, and the Customer-Specific Supplement from time to time. Material changes take effect 30 days after notice (by email or through the Fiskl Platforms). Non-material changes (clarifications, typo corrections, structural reformatting) take effect on posting. Continued use after the effective date constitutes acceptance.

11.3 Subprocessor changes

Fiskl maintains the current list of Subprocessors at https://fiskl.com/legal/fiskl-subprocessors/. Where you have subscribed to Subprocessor change notifications, Fiskl will notify you of new Subprocessors at least 30 days before they begin processing Customer Data. You may object to a new Subprocessor on the terms set out in the DPA.

12. Term, suspension, and termination

12.1 Term

The Contract starts on the day you create your Account (or the date specified in your Order Form) and continues until terminated.

12.2 Termination by you

You may terminate the Contract at any time. For monthly Subscriptions, termination takes effect at the end of the current billing cycle. For annual Subscriptions, termination takes effect at the end of the annual term unless required earlier by mandatory law.

12.3 Termination for cause

Either party may terminate the Contract immediately if the other party materially breaches the Contract and fails to cure within 30 days of written notice (or shorter where the breach is incapable of cure). Fiskl may also terminate immediately and without cure period for: (a) non-payment beyond 30 days; (b) breach of section 7 (acceptable use), including specifically the activities in section 7(h) to 7(k) (fraudulent use, financial crime, financial misrepresentation, deception of partners); (c) violation of sanctions or export-control laws; (d) bankruptcy, insolvency, administration, receivership, or similar event; (e) a credible determination by Fiskl, acting reasonably, that the Customer is using the Fiskl Platforms to commit or facilitate fraud or financial crime.

12.4 Termination without cause by Fiskl

Fiskl may terminate any Free tier Subscription on 30 days’ notice. Fiskl may terminate paid Subscriptions only for cause as set out in 12.3, except where a tier is being discontinued (in which case 90 days’ notice and pro-rata refund of unused fees).

12.5 Suspension

Fiskl may suspend access immediately and without prior notice where: (a) required by law, court order, or regulatory authority; (b) there is a credible threat to security or system integrity; (c) a payment is overdue under section 5.7; (d) there is a material breach of the Acceptable Use Policy; (e) Fiskl detects, suspects on reasonable grounds, or is notified by a banking, payment, or AI Provider partner of, fraudulent use, financial crime, financial misrepresentation, or other conduct prohibited under section 7(h) to 7(k); (f) a banking, payment, or AI Provider partner suspends or terminates services to Fiskl in respect of the Customer.

Fiskl will use reasonable efforts to give prior notice and to limit suspension scope, except where giving prior notice would prejudice the investigation or detection of fraud, financial crime, or breach of law, or would be inconsistent with regulatory obligations.

12.5A Cooperation with authorities and partners

Fiskl may, in connection with suspected or detected fraud, financial crime, or breach of section 7: (a) cooperate with law enforcement, tax authorities, regulators, banking partners, payment processors, and AI Providers, including by sharing Customer Data, account information, transaction records, and Fi conversation logs to the extent permitted by Applicable Data Protection Law; (b) make reports required by Applicable Data Protection Law, anti-money-laundering law, tax law, sanctions law, or other applicable law; (c) retain Customer Data and other information for the period necessary to support investigations, regulatory inquiries, or legal proceedings, notwithstanding section 12.6.

These rights apply during the term of the Contract and survive termination.

12.6 Effect of termination

On termination: (a) your right to access the Fiskl Platforms ends; (b) you must pay all accrued fees through the effective date of termination; (c) you have 30 days from termination to export Customer Data using available export tools; (d) after 30 days, Fiskl will delete Customer Data unless retention is required by law or unless agreed otherwise (Atlas firms with Charge Us clients have additional retention obligations under the Atlas Terms Supplement); (e) provisions that by their nature should survive (including sections 4 (Customer Data), 5 (accrued fees), 9 (IP), 10 (confidentiality), 13 (warranties), 14 (indemnities), 15 (liability), 16 (governing law)) survive termination.

12.7 Atlas account ownership transfer

Where the Customer’s Account was created and paid for by an Atlas firm under the Charge Us model, the Atlas Terms Supplement sets out the procedure for transferring account ownership to the Customer if the firm’s relationship ends.

13. Warranties and disclaimers

13.1 Mutual warranties

Each party warrants that it has the legal authority to enter into the Contract.

13.2 Fiskl warranties

Fiskl warrants that it will provide the Fiskl Platforms with reasonable skill and care, in line with industry-standard practice for SaaS providers of comparable services. Fiskl will use commercially reasonable efforts to maintain availability and to address defects.

13.2A Insurance

Fiskl maintains, with reputable insurers selected on advice from recognised insurance brokers, and on terms appropriate for a SaaS provider of comparable size, scope, and risk profile, insurance cover that includes:

• professional indemnity and cyber liability cover (covering negligent acts, errors and omissions, breach of confidentiality, infringement of third-party intellectual property, data breach response and notification costs, cyber extortion, loss of income, and related liabilities);
• public and products liability cover;
• employment practices liability cover;
• directors and officers (management liability)

Fiskl reviews this cover annually and adjusts levels as the business and risk profile evolve. Certificates of insurance are available on request to qualifying customers under non-disclosure terms, with cover limits set out at the Fiskl Trust Center (https://fiskl.com/legal/trust-center/) or in an Order Form. For enterprise-tier engagements, an Order Form may specify (i) minimum cover limits, (ii) named-insured or additional-insured arrangements where Fiskl can support them, (iii) advance notice of material reductions in cover, and (iv) certificate-of-insurance refresh cadence.

13.2B Service availability

Fiskl publishes its service-level commitment, scheduled-maintenance window, and historical availability at the Fiskl Trust Center. Where the Customer requires a contractually-binding Service Level Agreement (SLA) with credits, this is available in an Order Form for qualifying Subscription tiers.

13.2C Security and certifications

Fiskl operates an information security management programme aligned with industry standards. Current security capabilities, certification status (including any SOC 2 or ISO 27001 certifications, where held), Sub-processor due diligence, and incident response posture are described at the Fiskl Trust Center. Customers may request the most recent third-party attestation reports under non-disclosure terms.

13.3 Disclaimer

Subject to section 13.4 and to the extent permitted by law, the Fiskl Platforms are provided “as is” and “as available.” Fiskl disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of AI-generated outputs, uninterrupted operation, and freedom from errors or harmful components.

13.4 Consumer rights preserved

Where you are a consumer under applicable law (including the UK Consumer Rights Act 2015), nothing in section 13.3 affects rights that cannot be excluded or limited by contract.

14. Indemnification

14.1 By Fiskl

Subject to sections 14.1A and 14.2, Fiskl will defend you against any third-party claim alleging that the Fiskl Platforms, when used in accordance with the Contract, infringe that third party’s UK, EU, or US patent, copyright, trademark, or trade secret right (a “Claim Against Customer”), and will pay the damages and reasonable costs finally awarded against you, or agreed by Fiskl in settlement, in respect of the Claim Against Customer, provided that:

• you promptly notify Fiskl in writing of the Claim Against Customer (and in any event no later than is required to avoid prejudice to the defence);
• you give Fiskl sole control of the defence and settlement of the Claim Against Customer;
• you do not admit liability, make any settlement offer, or make any public statement about the Claim Against Customer without Fiskl’s prior written consent;
• you cooperate with Fiskl, at Fiskl’s reasonable expense, in the defence and settlement; and
• the Claim Against Customer arises from your use of the Fiskl Platforms in accordance with the Contract.

14.1A Exclusions from IP indemnity

Fiskl’s obligation in section 14.1 does not apply to, and Fiskl has no liability for, any Claim Against Customer arising from or relating to:

• Customer Data (including Personal Data, content, instructions, prompts, or files you submit to the Fiskl Platforms);
• Modifications to the Fiskl Platforms by you or any third party other than Fiskl;
• Combinations of the Fiskl Platforms with products, services, software, or data not provided by Fiskl, where the alleged infringement would not have occurred but for the combination;
• Use of the Fiskl Platforms in breach of the Contract or contrary to Fiskl’s documentation and reasonable instructions;
• Third-party banking integration partners and their software development kits — including Yodlee, Salt Edge, WIO Bank, Stripe (in their banking-feed capacity), and any successor or replacement banking partner — where the alleged infringement is specifically directed at the technology, integration, or content provided by the banking partner. The banking partner’s own indemnity provisions govern such claims;
• Third-party AI Provider models — including Anthropic Claude models, Google Gemini and Vertex AI models, AWS Bedrock infrastructure and models, and any successor or replacement AI Provider — where the alleged infringement is specifically directed at the AI Provider’s models, training data, or infrastructure. The AI Provider’s own indemnity provisions govern such claims;
• Open-source software components that you could lawfully obtain from a public source independent of the Fiskl Platforms, where the alleged infringement is specifically directed at the open-source component itself rather than at Fiskl’s incorporation, modification, or use of it;
• Outputs of Fi or other AI features — including AI-generated text, summaries, recommendations, calculations, categorisations, and orchestration outputs — where the alleged infringement is specifically directed at the AI output rather than at the Fiskl Platforms themselves. The position on AI outputs is governed by sections 8.8 (AI accuracy), 8.10 (output ownership), 8.11 (limits on output exclusivity), and 15.6 (no liability for AI-processed or AI-interpreted data).

14.2 Mitigation ladder

If the Fiskl Platforms become the subject of, or in Fiskl’s reasonable opinion are likely to become the subject of, a Claim Against Customer, Fiskl may at its option and at its own expense:

Step 1 — Modify. Modify the Fiskl Platforms so that they are no longer alleged to infringe, while preserving substantially equivalent functionality;

Step 2 — Licence. Procure for you the right to continue using the Fiskl Platforms or affected feature; or

Step 3 — Terminate and refund. If neither modification nor licensing is, in Fiskl’s reasonable judgement, commercially practicable, terminate the affected Subscription or feature and refund a pro-rata portion of prepaid fees in respect of the unused period.

The remedies in this section 14.2, together with the indemnity in section 14.1 (subject to section 14.1A), constitute your sole and exclusive remedy and Fiskl’s entire liability in respect of any Claim Against Customer.

14.3 By you

You will defend Fiskl against any third-party claim arising from (a) Customer Data, (b) your breach of section 6 (Customer obligations) or section 7 (acceptable use), or (c) your relationship with your customers, vendors, employees, contractors, or accountant, and pay damages and reasonable costs finally awarded or agreed in settlement.

14.4 Sole remedy

The indemnities in this section are each party’s sole remedy for the matters covered.

15. Limitation of liability

15.1 Excluded losses

Subject to section 15.4, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, savings, goodwill, or data (other than Fiskl’s obligations to maintain backups in line with industry practice), arising from or in connection with the Contract, regardless of the legal theory and even if advised of the possibility.

15.2 Liability cap (default)

Subject to sections 15.2A, 15.4, and 15.5, each party’s aggregate liability arising from or in connection with the Contract in any 12-month period is capped at the greater of (a) the fees you paid Fiskl in the 12 months preceding the event giving rise to liability, or (b) USD 5,000.

15.2A Order Form liability allocation (enterprise tier)

An Order Form may set out a different liability cap and risk allocation for the relevant Subscription, including: (a) a higher general liability cap, commonly expressed as a multiple of annual Subscription fees; (b) super-caps for specific high-impact events such as Personal Data Breach, breach of confidentiality, and intellectual property indemnity; (c) different categories of excluded losses; (d) reciprocal or asymmetric structures appropriate to the Customer’s tier.

Where an Order Form sets out a different liability allocation, that Order Form prevails over the default cap in section 15.2 in respect of that Subscription, except section 15.4 (which always applies).

15.3 Allocation of risk

The limitations in this section reflect the parties’ agreed allocation of risk and are reflected in the pricing of the Fiskl Platforms.

15.4 Exclusions from cap

Nothing in this section limits liability for: (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) any other liability that cannot be limited or excluded by law, (d) Customer’s indemnity obligations under section 14.3, or (e) Customer’s obligation to pay accrued fees.

15.5 Default super-caps for enterprise Order Forms

Where an Order Form expressly incorporates this section 15.5 (typically for enterprise-tier engagements), the following super-caps apply notwithstanding section 15.2: (a) for liability arising from a Personal Data Breach caused by Fiskl’s material breach of the DPA: five (5) times the annual Subscription fees; (b) for Fiskl’s IP indemnity under section 14.1: uncapped; (c) for breach of confidentiality under section 10: three (3) times the annual Subscription fees.

Customer’s payment obligations under the Contract are not subject to a cap.

15.6 No liability for AI-processed or AI-interpreted data and AI outputs

To the extent permitted by applicable law, and subject to section 15.4 (matters that cannot be limited), Fiskl is not liable to you for any loss, damage, claim, regulatory penalty, professional liability, business interruption, fine, third-party claim, or other harm arising from or connected to:

• the accuracy, completeness, currency, or interpretation of any AI-processed or AI-interpreted data within the Fiskl Platforms;
• your reliance on any Fi output, AI-generated recommendation, AI-derived calculation, AI-driven categorisation, AI summary, AI-generated report, AI-orchestrated action, or any other AI output;
• decisions made by you, your Authorized Users, your Atlas Firm, or your clients on the basis of any AI output;
• the failure of any AI feature to detect, categorise, classify, extract, summarise, or interpret data correctly;
• AI outputs that prove to be inaccurate, incomplete, biased, hallucinated, outdated, or misleading;
• any orchestration action taken by Fi on instruction (including action against connected third-party services), including failures, errors, or unintended consequences of such orchestration.

This exclusion applies in addition to the warranty disclaimer in section 13.3 and the liability cap in section 15.2 (or in section 15.5 where applicable). It is not subject to the super-caps in section 15.5.

You acknowledge that AI is a probabilistic technology, that AI outputs require human verification and judgement before being acted on, and that you are solely responsible for that verification. You agree that the allocation of risk in this section reflects the nature of AI as a technology category and the pricing of the Fiskl Platforms.

This section does not affect rights that cannot be excluded under applicable mandatory law (including consumer rights under the UK Consumer Rights Act 2015 and equivalent regimes, liability for death or personal injury caused by negligence, and liability for fraud or fraudulent misrepresentation).

16. Governing law, jurisdiction, and dispute resolution

16.1 Governing law

The Contract is governed by the laws of England and Wales, excluding conflicts-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

16.2 Jurisdiction

The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with the Contract, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

16.3 Consumer rights

Where you are a consumer resident in the UK, EU/EEA, or another jurisdiction whose mandatory law grants you the right to bring proceedings in your local courts, that right is preserved.

16.4 Informal resolution

Before commencing formal proceedings, the parties will attempt in good faith to resolve disputes by escalation to senior representatives for at least 30 days, unless either party reasonably believes the dispute requires immediate court relief.

16.5 Disputes involving US-domiciled Customers — arbitration and class-action waiver

Where the Customer is domiciled in the United States, the following dispute-resolution provisions apply in addition to sections 16.1 to 16.4:

(a) Arbitration. Any dispute, claim, or controversy arising out of or relating to the Contract, the Fiskl Platforms, Fi, Data Products, or the relationship between the parties, that is not resolved through the informal-resolution process in section 16.4, will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, except that:

• either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction;
• either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, or to prevent unauthorised access to or misuse of the Fiskl Platforms;
• the arbitrator (not a court) has exclusive authority to decide all issues relating to the scope, enforceability, and arbitrability of this section.

The arbitration will be conducted in English, in the State of Delaware, by a single arbitrator with substantial experience in technology, AI, or commercial software disputes. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

(b) Class-action waiver. YOU AND FISKL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found to be unenforceable in respect of a particular claim, that claim must be brought in the courts identified in section 16.5(c) below, and not in arbitration; the rest of this section continues to apply.

(c) Court alternative for matters outside arbitration. Where a matter is not subject to arbitration under this section 16.5 (for example, an injunction request under (a)(ii), a small-claims action, or a claim falling outside this section as a matter of law), it will be heard exclusively by the state and federal courts located in the State of Delaware, and each party submits to the exclusive jurisdiction of those courts. Each party waives any right to a jury trial in respect of any claim arising out of or relating to the Contract.

(d) Costs. Each party bears its own arbitration costs except that Fiskl will pay the JAMS filing fees for any individual claim by a Customer where Fiskl’s enterprise pricing exceeds Customer’s annual fees, to the extent required by JAMS Consumer Minimum Standards or by law.

(e) Opt-out. A Customer may opt out of this arbitration agreement by giving written notice to legal@fiskl.com within thirty (30) days of first agreeing to the Customer Terms. The opt-out must include the Customer’s name, account email, and a clear statement of intention to opt out. An opt-out applies only to disputes between you and Fiskl.

(f) Survival. This section 16.5 survives termination of the Contract.

17. General provisions

17.1 Entire agreement

The Contract is the entire agreement between the parties on its subject matter and supersedes all prior or contemporaneous agreements, proposals, and representations. In the event of conflict, the order of precedence is: (1) Order Form, (2) Atlas Terms Supplement (where applicable), (3) Customer-Specific Supplement (where applicable), (4) DPA, (5) these Customer Terms, (6) Acceptable Use Policy, (7) Privacy Policy, (8) other referenced documents.

17.2 Assignment

You may not assign the Contract without Fiskl’s prior written consent (not to be unreasonably withheld). Fiskl may assign the Contract to an affiliate, to a successor in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its business or assets, without consent.

17.3 Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet outages, denial-of-service attacks, or third-party infrastructure failure.

17.4 Notices

Notices to Fiskl must be sent to legal@fiskl.com (legal notices) or feedback@fiskl.com (other notices), with a copy to Fiskl Limited, 6A Thirlmere Road, London, N10 2DN, United Kingdom. Notices to you may be sent to the email associated with your Account or delivered through the Fiskl Platforms.

17.5 Independent contractors

The parties are independent contractors. The Contract does not create any partnership, joint venture, agency, franchise, or employment relationship.

17.6 No third-party beneficiaries

Except as expressly provided, the Contract is not enforceable by any person who is not a party.

17.7 Waiver and severability

Failure to enforce a right is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.

17.8 Headings

Headings are for convenience only and do not affect interpretation.

17.9 Language

The English version of the Contract is the controlling version. Translations are provided as a convenience.

17.10 Counterparts and electronic signatures

Where signed, the Contract may be signed in counterparts and electronically.

18. Contact

Questions about these Customer Terms: legal@fiskl.com General support: support@fiskl.com or via the in-app help and Fi.

Effective: 15 March 2026