1. Acceptance of these Terms
By creating an account, subscribing to a paid tier, or otherwise using Fundamento (the "Platform"), operated by Fundamento, LLC (a Delaware limited liability company), together with its operating affiliate Inversiones Santa Lucía, S.A. (Costa Rica), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Platform.
2. The Platform
Fundamento is a real-estate decision-support platform. It provides calculators, educational content, decision frameworks, and (on paid tiers) advisory engagement. The Platform is an educational tool, not legal, tax, accounting, or investment advice. See our Disclaimer for the full statement.
3. Accounts
You must provide accurate registration information and keep your credentials confidential. You are responsible for activity on your account. We may suspend or terminate accounts that violate these Terms, that we reasonably suspect of fraud, or that fail accredited-investor verification where required for Premier-tier features.
4. Subscription, billing, and refunds
Pro and Premier subscriptions are billed monthly in advance, unless you select an annual founding-member plan, which is billed once per year in advance. Family Office engagements are billed annually under a separate engagement letter. Payments are processed by Stripe, Inc. You may cancel at any time from your account dashboard or by writing to support@getfundamento.com. Cancellation takes effect at the end of the current billing period.
Refunds. No pro-rata refund is provided for cancellation mid-term except where required by mandatory consumer-protection law (e.g., the California Automatic Renewal Law and analogous statutes in New York and other states), in which case the statutory minimum refund or cancellation right applies. Founding-member pricing is non-refundable and non-transferable; cancellation forfeits founding-member tier status. Family Office engagements are governed by a separate engagement letter. In the event of force majeure or platform unavailability for more than 30 consecutive days, customers may request a pro-rated refund for the unavailable period.
5. Intellectual property
The Platform's content, including library articles, calculator logic, scorecards, frameworks, and templates, is owned by Fundamento, LLC or licensed for use. You receive a limited, non-exclusive, non-transferable license to access the Platform for personal or single-entity professional use during your subscription. You may not redistribute, resell, scrape, or use the content to train competing models without our written consent.
6. User content
You retain ownership of inputs you provide (financial scenarios, portfolio data, uploaded documents). You grant us a license to process that data to provide the service and improve aggregate analytics, subject to the Privacy Policy. We do not sell user data.
7. Prohibited uses
You may not (a) use the Platform to violate any law; (b) reverse-engineer the calculators or content; (c) attempt to access another user's account; (d) use the Platform to provide unauthorized investment advice to third parties; (e) circumvent the accredited-investor verification on Premier-tier content; (f) scrape, mirror, or harvest content at scale.
8. Disclaimers and "AS IS"
The Platform is provided "as is" and "as available." We do not guarantee that calculations are free of errors, that market data is current, or that outcomes will match projections. Decisions made on the basis of Platform output are your responsibility. See the Disclaimer for the full statement.
9. Governing law, arbitration, and venue
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be finally resolved by binding arbitration administered by JAMS in Wilmington, Delaware under the JAMS Streamlined Arbitration Rules (for claims at or below US$250,000) or the JAMS Comprehensive Arbitration Rules (above that threshold), with a single arbitrator. Hearings may be conducted remotely at the consumer's request. Each party retains the right to seek small-claims relief in any court of competent jurisdiction. Class-action waiver: to the maximum extent permitted by law, all disputes shall be resolved on an individual basis; this waiver does not apply to claims for public injunctive relief, which may be pursued in court. Consumer fees are capped per the JAMS Consumer Minimum Standards effective May 1, 2024.
10. Limitation of liability and indemnification
To the maximum extent permitted by law, Fundamento, LLC, Inversiones Santa Lucía, S.A., and their respective officers, employees, contractors, and licensors are not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. Our aggregate liability is capped at the greater of (a) the fees you paid to us in the twelve (12) months preceding the claim, or (b) US$100.
You agree to indemnify and hold harmless Fundamento, LLC and Inversiones Santa Lucía, S.A. against claims arising from your misuse of the Platform, breach of these Terms, or violation of applicable law.
11. Severability
If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
12. Notices
Notices to Fundamento must be sent in writing to: Fundamento, LLC, c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808, with a courtesy copy to hello@getfundamento.com. Notices to you will be sent to the email address on your account; you are responsible for keeping that address current.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified via email or in-app banner at least 14 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.