HORIZON FINANCE, INC.
TERMS OF USE AGREEMENT
Effective Date: June 20, 2026 | Last Amended: June 20, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE HORIZON FINANCE APPLICATION OR ANY RELATED SERVICES. BY CLICKING "I AGREE," BY COMPLETING THE REGISTRATION PROCESS, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE AND MUST IMMEDIATELY DISCONTINUE ANY SUCH ACCESS OR USE.
SECTION 1. DEFINITIONS
As used throughout these Terms, the following capitalized terms shall have the meanings ascribed to them below. Other capitalized terms defined elsewhere in these Terms shall have the meanings set forth at the point of definition.
"Agreement" means these Terms of Use, together with all documents expressly incorporated by reference herein, including the Privacy Policy, any applicable consent forms, and any supplemental terms presented to you at the time of a specific transaction or feature activation.
"Authorized User" means any individual who has completed the registration process, satisfied all eligibility requirements set forth in Section 4, and has been granted access to the Service by Horizon.
"Content" means all text, data, graphics, images, algorithms, models, projections, analyses, recommendations, and other materials generated, compiled, or made available through the Service, whether created by Horizon, its licensors, or derived from User Data.
"Financial Data" means any nonpublic personal financial information you provide or authorize Horizon to retrieve, including without limitation income figures, asset balances, liability amounts, investment holdings, banking account data, credit information, and retirement account balances.
"Horizon," "we," "us," and "our" refer to Horizon Finance, Inc., a corporation organized and existing under the laws of the State of [STATE], with its principal place of business at [ADDRESS].
"Output" means any retirement projection, timeline estimate, scenario analysis, opportunity recommendation, or other personalized result generated by the Service based on User Data.
"Service" means the Horizon Finance mobile and web application, all associated software, platforms, algorithms, artificial intelligence systems, features, tools, and content, including any updates, enhancements, or successor versions thereof.
"Third-Party Provider" means any financial institution, investment adviser, broker-dealer, insurance company, data aggregation service, or other third-party entity whose products, services, or data may be accessible through or presented in connection with the Service.
"User," "you," and "your" refer to the individual who accesses or uses the Service in any manner.
"User Data" means all information, data, and content that you submit, upload, or otherwise transmit to or through the Service, including Financial Data, account credentials, and profile information.
SECTION 2. NATURE OF THE SERVICE; NO ADVISORY RELATIONSHIP
2.1 Informational and Educational Purpose. The Service is designed and offered exclusively as a personal finance planning and educational tool. The Service enables Authorized Users to input financial data, explore hypothetical retirement scenarios, and receive algorithmically generated projections and informational content based on that input. The Service is intended to assist users in organizing their financial thinking and exploring planning concepts — it is not designed, and shall not be construed, as a substitute for professional financial, investment, tax, accounting, or legal counsel.
2.2 No Investment Advisory Services. Horizon Finance, Inc. is not registered as an investment adviser under the Investment Advisers Act of 1940, as amended, or under any applicable state investment adviser registration statutes. Horizon does not hold itself out as an investment adviser, financial planner, broker-dealer, insurance agent, mortgage broker, or any other licensed financial professional. Nothing in the Service, in any Output, or in any communication from Horizon constitutes investment advice, a recommendation to buy or sell any security or financial product, a solicitation of any investment transaction, or personalized financial planning advice within the meaning of applicable federal or state law.
2.3 No Fiduciary Duty. Your use of the Service does not create a fiduciary relationship, advisory relationship, broker-customer relationship, or any other special relationship between you and Horizon. Horizon owes you no fiduciary duty of any kind, and nothing in these Terms or in the Service shall be construed to impose any such duty.
2.4 Outputs Are Hypothetical Projections. All Outputs generated by the Service — including retirement timelines, projected savings amounts, investment growth estimates, opportunity analyses, and comparative scenarios — are hypothetical, forward-looking, and based entirely on (a) the User Data you provide, which Horizon cannot independently verify, and (b) assumptions embedded in Horizon's models, including assumed rates of return, inflation rates, Social Security benefit formulas, and tax treatment, all of which are subject to change and may not reflect your actual circumstances. Outputs do not constitute predictions, guarantees, or warranties of any future financial outcome. Actual results will differ, potentially materially, from any Output.
2.5 Consult a Licensed Professional. Horizon strongly encourages all users to consult with a licensed financial adviser, certified financial planner, tax attorney, or other qualified professional before making any financial decision based in whole or in part on information obtained through the Service. The complexity of individual financial circumstances, tax law, and market conditions requires personalized professional guidance that no automated tool can provide.
SECTION 3. MODIFICATIONS TO THESE TERMS
3.1 Right to Amend. Horizon reserves the right, in its sole discretion, to modify, amend, or replace any provision of these Terms at any time and for any reason. Horizon will use commercially reasonable efforts to provide notice of material amendments through one or more of the following means: (a) posting a revised version of these Terms within the Service with an updated effective date; (b) displaying an in-application notice at or before your next login; or (c) sending written notice to the email address associated with your account.
3.2 Continued Use as Acceptance. Your continued access to or use of the Service following the effective date of any amendment constitutes your irrevocable acceptance of the amended Terms. If you do not agree to an amendment, your sole remedy is to discontinue use of the Service and, if applicable, to request deletion of your account in accordance with the procedures set forth in our Privacy Policy.
3.3 Review Responsibility. You are responsible for periodically reviewing these Terms. Horizon assumes no obligation to notify you of non-material amendments, and the absence of notice shall not affect the enforceability of any amendment.
SECTION 4. ELIGIBILITY AND ACCOUNT REGISTRATION
4.1 Age and Residency Requirements. The Service is available only to individuals who (a) are at least eighteen (18) years of age; (b) are legal residents of or are otherwise physically located within the United States at the time of use; and (c) are capable of entering into legally binding contracts under applicable law. By registering for or using the Service, you represent and warrant that you satisfy all of the foregoing eligibility requirements. Any access to or use of the Service by any person who does not satisfy these requirements is unauthorized, prohibited, and in violation of these Terms.
4.2 Registration Information. To access the full features of the Service, you must complete the registration process by providing accurate, current, and complete information as prompted by the onboarding questionnaire and account setup screens. You represent and warrant that all information you provide during registration and at all subsequent times is truthful, accurate, current, and complete. You agree to promptly update your information whenever it changes so that it remains accurate.
4.3 Account Credentials and Security. Access to your account is secured by a combination of your registered mobile telephone number and a one-time passcode ("OTP") delivered via SMS. You are solely responsible for maintaining the confidentiality and security of your registered telephone number and for all activity that occurs through your account, whether or not authorized by you. You agree to: (a) immediately notify Horizon at security@myhorizonfinance.com of any known or suspected unauthorized access to your account or any other breach of security; (b) ensure that you properly log out of your account at the end of each session on shared or public devices; and (c) not allow any third party to access the Service through your account credentials.
4.4 Account Responsibility. Horizon shall not be liable for any loss, damage, or liability arising from your failure to comply with the security requirements of this Section or from unauthorized access to your account resulting from your acts or omissions. You may be held liable for losses incurred by Horizon or other parties due to unauthorized use of your account.
4.5 Single Account. You may register for and maintain only one active account. The creation of duplicate accounts is prohibited. Horizon reserves the right to merge, suspend, or terminate duplicate accounts in its sole discretion.
SECTION 5. USER DATA: ACCURACY, LICENSE, AND REPRESENTATIONS
5.1 Accuracy of User Data. The quality, relevance, and utility of all Outputs generated by the Service are directly dependent upon the accuracy, completeness, and currency of the User Data you provide. Horizon has no ability to independently verify the accuracy of any User Data. You acknowledge and agree that Outputs based on inaccurate, incomplete, outdated, or estimated User Data may be materially misleading, and that Horizon bears no responsibility for the accuracy of Outputs generated from such data.
5.2 License to User Data. By submitting User Data to the Service, you hereby grant Horizon a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable license to use, store, process, transmit, reproduce, and display your User Data solely to the extent necessary to (a) provide and operate the Service for your benefit; (b) comply with applicable legal obligations; (c) enforce these Terms; and (d) generate aggregated, de-identified, and anonymized datasets for the purpose of improving and developing the Service, provided that such datasets do not identify you personally and are used in a manner consistent with our Privacy Policy.
5.3 Representations Regarding User Data. You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit the User Data to the Service and to grant the license set forth in Section 5.2; (b) the User Data does not infringe upon, misappropriate, or violate any third-party intellectual property rights, privacy rights, or other proprietary rights; (c) the User Data does not contain any content that is unlawful, fraudulent, misleading, or in violation of any applicable law or regulation; and (d) if you are connecting any financial account data through a third-party aggregator, you are the lawful account holder or have express authorization from the account holder to share such data with Horizon.
5.4 Data Retention and Deletion. Horizon's collection, storage, use, and deletion of User Data are governed by the Privacy Policy. You may request deletion of your User Data in accordance with the procedures set forth therein, subject to Horizon's right to retain data as required by applicable law or as necessary to fulfill legitimate business purposes.
SECTION 6. THIRD-PARTY DATA INTEGRATIONS
6.1 Optional Account Connectivity. The Service offers you the option, but not the obligation, to connect external financial accounts to the Service through one or more third-party data aggregation platforms, which may include Plaid, Inc. or similar providers (each, a "Data Aggregator"). By electing to connect a financial account, you authorize Horizon and the applicable Data Aggregator to access, retrieve, process, and transmit data from your designated financial accounts on your behalf and for your benefit.
6.2 Separate Agreement with Data Aggregator. Your use of any Data Aggregator is subject to that provider's own terms of service, privacy policy, and end user license agreement, which you will be required to separately review and accept. Horizon is not a party to your agreement with any Data Aggregator and makes no representations or warranties regarding the Data Aggregator's services, security practices, data handling, or compliance with applicable law.
6.3 Scope of Horizon's Use. Horizon's use of data retrieved through a Data Aggregator is limited to the purposes disclosed in our Privacy Policy and, where applicable, in separate consent disclosures presented to you at the time of account connection. Horizon will not use retrieved financial account data for purposes that are inconsistent with your authorization or with applicable law, including the terms of Horizon's agreement with the applicable Data Aggregator.
6.4 Revocation of Authorization. You may revoke Horizon's authorization to access your financial account data at any time by (a) disconnecting the relevant account through the account settings interface within the Service, or (b) contacting Horizon directly at privacy@myhorizonfinance.com. Revocation of access will not affect the lawfulness of any data retrieval that occurred prior to revocation. Following revocation, Horizon will handle previously retrieved data in accordance with the Privacy Policy.
6.5 No Guarantee of Connectivity. Horizon does not warrant that the Service will at all times maintain connectivity with any particular financial institution or Data Aggregator. Financial institutions may block or restrict data access at any time. Horizon is not liable for any inability to retrieve financial account data due to actions taken by the relevant financial institution or Data Aggregator.
SECTION 7. THIRD-PARTY PRODUCTS, REFERRALS, AND COMPENSATION DISCLOSURE
7.1 Nature of Third-Party Referrals. The Service may present you with information about, or opportunities to connect with, Third-Party Providers offering financial products and services, including but not limited to high-yield savings accounts, checking accounts, and financial advisory services (collectively, "Referred Products"). Any presentation of a Referred Product within the Service is a referral or advertisement and not a personalized recommendation, endorsement, or professional financial opinion.
7.2 Compensation Disclosure. Horizon may receive monetary compensation, including referral fees, revenue sharing, or similar arrangements, when you enroll in, open, or otherwise engage with a Referred Product. The existence of such compensation arrangements may influence which Referred Products are presented to you within the Service. Where Horizon receives compensation in connection with a particular Referred Product, this will be disclosed at or before the point at which such product is presented. The receipt of compensation by Horizon does not affect the quality or suitability of the Referred Product for your particular circumstances, which you must evaluate independently.
7.3 Independent Evaluation. You are solely responsible for independently evaluating the suitability, terms, risks, and benefits of any Referred Product before enrolling in or transacting with any Third-Party Provider. Horizon's presentation of a Referred Product does not constitute a warranty or representation that the product is suitable for your financial situation, risk tolerance, or investment objectives.
7.4 Third-Party Governance. All Referred Products and any transactions you enter into with Third-Party Providers are governed exclusively by the Third-Party Provider's own terms and conditions, disclosures, and regulatory obligations. Horizon is not a party to any agreement between you and a Third-Party Provider and assumes no liability for the acts, omissions, products, or services of any Third-Party Provider.
7.5 Financial Advisor Referrals. To the extent the Service facilitates connections between you and licensed financial advisers or investment advisory firms, such connections are subject to the separate Advisor Data Disclosure set forth in Section F of this Compliance Package. Horizon's facilitation of any such connection does not create an investment advisory relationship between you and Horizon. Any advisory relationship formed as a result of such a connection is exclusively between you and the relevant adviser, governed by the adviser's own Form ADV disclosures, client agreement, and applicable regulatory obligations.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership by Horizon. The Service, including all software, source code, object code, algorithms, artificial intelligence models, databases, interfaces, design elements, graphics, text, trademarks, service marks, trade names, and all other content and technology comprising or embedded in the Service (collectively, "Horizon IP"), is owned exclusively by Horizon Finance, Inc. or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret law.
8.2 Limited License to User. Subject to your compliance with these Terms, Horizon grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial retirement planning purposes. This license does not include any right to: (a) reproduce, distribute, publicly display, or create derivative works from any portion of the Service or Horizon IP; (b) sublicense, sell, resell, transfer, assign, or otherwise exploit the Service for any commercial purpose; (c) frame or mirror any portion of the Service on any other website or application; or (d) use any data mining, scraping, crawling, or similar data extraction tools with respect to the Service.
8.3 Feedback. If you provide Horizon with any feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you hereby assign to Horizon all right, title, and interest in and to such Feedback, including all intellectual property rights therein, without compensation or attribution to you. Horizon shall be free to use, disclose, reproduce, modify, and incorporate such Feedback into the Service or any future product or service without restriction.
8.4 Reservation of Rights. All rights not expressly granted to you under these Terms are reserved by Horizon and its licensors. No license or right is granted by implication, estoppel, or otherwise.
SECTION 9. PROHIBITED CONDUCT AND ACCEPTABLE USE
9.1 General Prohibitions. You agree that you will not, under any circumstances, directly or indirectly:
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Use the Service for any purpose that is unlawful, fraudulent, deceptive, or otherwise in violation of any applicable federal, state, local, or international law or regulation;
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Use the Service to commit securities fraud, identity theft, money laundering, wire fraud, or any other financial crime;
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Transmit, upload, or introduce any virus, worm, Trojan horse, ransomware, spyware, adware, or other malicious or harmful code into the Service or any related systems;
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Attempt to gain unauthorized access to the Service, any Horizon systems, any other user's account, or any network or computer system connected to the Service;
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Use any automated tools, scripts, bots, spiders, or scrapers to access, monitor, or extract data from the Service without Horizon's express written consent;
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Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or trade secrets of any portion of the Service;
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Circumvent, disable, or interfere with any security feature, access control mechanism, or technical protection measure incorporated in the Service;
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Systematically download, reproduce, or aggregate Output for the purpose of building a competing product or service;
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Impersonate any person or entity, or misrepresent your affiliation with any person or entity, in connection with your use of the Service;
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Submit User Data that you know to be false, misleading, or intentionally inaccurate with the purpose of manipulating Output results;
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Use the Output generated by the Service to provide financial advice, investment recommendations, or financial planning services to any third party in a professional or commercial capacity without appropriate licensure;
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Engage in any conduct that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
9.2 Consequences of Violation. Horizon reserves the right, in its sole discretion and without prior notice, to suspend or permanently terminate your access to the Service, remove any User Data, and pursue all available legal remedies in the event of any actual or suspected violation of this Section or any other provision of these Terms. Termination shall not relieve you of any obligations or liabilities incurred prior to the date of termination.
SECTION 10. PRIVACY AND DATA PROTECTION
10.1 Privacy Policy. Horizon's collection, use, storage, disclosure, and protection of your personal information and Financial Data are governed by our Privacy Policy, the current version of which is available within the Service and is incorporated into these Terms by this reference. By using the Service, you consent to Horizon's data practices as described in the Privacy Policy.
10.2 Communications. By registering for the Service and providing your telephone number, you consent to receive transactional SMS messages from Horizon, including one-time passcode messages for authentication purposes. Such transactional messages are a necessary component of the Service. Horizon will not send you promotional or marketing SMS messages without obtaining a separate, explicit written consent in compliance with the Telephone Consumer Protection Act, 47 U.S.C. § 227, and applicable regulations. Standard message and data rates may apply to SMS messages.
10.3 California Residents. California residents have specific rights with respect to their personal information under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, "CCPA/CPRA"). These rights and how to exercise them are described in detail in the California Privacy Notice, which forms part of our Privacy Policy.
SECTION 11. DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL CONTENT, OUTPUT, AND MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HORIZON FINANCE, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:
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ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;
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ANY WARRANTY THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
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ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED;
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ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY OUTPUT, CONTENT, DATA, OR INFORMATION PROVIDED THROUGH THE SERVICE;
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ANY WARRANTY THAT THE SERVICE IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; AND
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ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY RETIREMENT TIMELINE PROJECTION, INVESTMENT RETURN ESTIMATE, OR SAVINGS ANALYSIS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. TO THE EXTENT THAT ANY SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW, THE FOREGOING EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.
SECTION 12. LIMITATION OF LIABILITY AND INDEMNIFICATION
12.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HORIZON FINANCE, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: (a) LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS; (b) FINANCIAL LOSSES OR INVESTMENT LOSSES ARISING FROM RELIANCE ON ANY OUTPUT; (c) LOSS OF DATA, GOODWILL, OR BUSINESS OPPORTUNITY; (d) COST OF SUBSTITUTE GOODS OR SERVICES; OR (e) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER DATA — WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HORIZON'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF: (a) ONE HUNDRED DOLLARS ($100.00); OR (b) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO HORIZON IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Essential Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HORIZON AND YOU, WITHOUT WHICH HORIZON WOULD NOT HAVE OFFERED THE SERVICE ON THE TERMS SET FORTH HEREIN.
12.4 Indemnification. You agree to defend, indemnify, and hold harmless Horizon Finance, Inc. and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or inability to use the Service; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your infringement of any intellectual property or other right of any third party; or (e) any User Data you submit to the Service, including any claim that your User Data caused damage to or infringed the rights of a third party. Horizon reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Horizon's defense of such claim.
SECTION 13. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") through informal negotiation. Either party may initiate this process by sending written notice to the other party describing the nature of the Dispute and the relief sought. The parties shall have thirty (30) days from the date of such notice to resolve the Dispute informally before proceeding to arbitration.
13.2 Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiation within the thirty (30) day period, either party may elect to have the Dispute finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect (available at www.adr.org), except as modified herein. The arbitration shall be conducted by a single neutral arbitrator. The seat of the arbitration shall be [CITY, STATE]. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Arbitration Fees. The allocation of arbitration fees and costs shall be governed by the AAA's Consumer Arbitration Rules. For claims not exceeding [DOLLAR AMOUNT], Horizon will pay all AAA filing, administration, and arbitrator fees. For claims exceeding that amount, fees will be split in accordance with the AAA's Consumer Arbitration Rules, unless the arbitrator determines that your claims are frivolous, in which case you shall bear all fees.
13.4 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HORIZON EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. THIS CLASS ACTION WAIVER IS A MATERIAL TERM OF THESE TERMS.
13.5 Exceptions to Arbitration. Notwithstanding the foregoing, either party may seek: (a) emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the conclusion of arbitration; and (b) relief in small claims court for Disputes that qualify for small claims court jurisdiction in the applicable forum, provided that such Disputes remain on an individual, non-class basis.
13.6 Opt-Out Right. You may opt out of the arbitration agreement set forth in this Section by sending written notice to legal@myhorizonfinance.com within thirty (30) days of your initial acceptance of these Terms. Such notice must include your name, account email address or telephone number, and a clear statement that you wish to opt out of arbitration. If you opt out, all Disputes shall be resolved in accordance with Section 14.
SECTION 14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law. These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of [STATE], without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.
14.2 Consent to Jurisdiction. For all Disputes not subject to arbitration under Section 13, or for purposes of seeking emergency injunctive or equitable relief, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY, STATE], and you waive any objection to the laying of venue of any such proceeding in such courts and any objection that such courts are an inconvenient forum.
14.3 Limitation Period. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTE OF LIMITATIONS TO THE CONTRARY. FAILURE TO FILE WITHIN THIS PERIOD SHALL PERMANENTLY BAR SUCH CLAIM.
SECTION 15. TERM AND TERMINATION
15.1 Term. These Terms shall remain in full force and effect for so long as you access or use the Service or maintain an account with Horizon.
15.2 Termination by You. You may terminate these Terms at any time by ceasing all use of the Service and submitting a written account deletion request to privacy@myhorizonfinance.com. Horizon will process such requests in accordance with the Privacy Policy, subject to any applicable legal data retention obligations.
15.3 Termination by Horizon. Horizon reserves the right to suspend or permanently terminate your access to the Service, in whole or in part, at any time and for any reason, including without limitation: (a) your violation of any provision of these Terms; (b) conduct that Horizon determines, in its sole discretion, is harmful to other users, third parties, or Horizon's business interests; (c) extended periods of account inactivity; or (d) Horizon's decision to discontinue or materially alter the Service. Horizon will use commercially reasonable efforts to provide advance notice of termination where practicable, except where termination is required by exigent circumstances or applicable law.
15.4 Effect of Termination. Upon termination of these Terms for any reason: (a) the license granted to you in Section 8.2 shall immediately terminate; (b) you must cease all use of the Service; and (c) the following provisions shall survive termination and continue in full force and effect: Sections 1, 2, 5.2, 5.3, 8, 10, 11, 12, 13, 14, 15.4, and 16.
SECTION 16. GENERAL PROVISIONS
16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference herein, constitute the entire agreement between you and Horizon with respect to the subject matter hereof and supersede all prior and contemporaneous negotiations, representations, warranties, and understandings, whether written or oral, between the parties relating to the Service.
16.2 Severability. If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect and shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16.3 Waiver. No failure or delay by Horizon in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of any such right, power, or remedy or the exercise of any other right, power, or remedy. All waivers must be in writing and signed by an authorized representative of Horizon to be effective.
16.4 Assignment. You may not assign, delegate, or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without Horizon's prior written consent. Any purported assignment without such consent shall be null and void. Horizon may freely assign these Terms or any of its rights or obligations hereunder, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent or prior notice.
16.5 Force Majeure. Horizon shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, war, terrorism, civil unrest, labor disputes, power outages, internet service disruptions, or failures of third-party service providers.
16.6 No Third-Party Beneficiaries. These Terms are entered into solely between you and Horizon and are for the exclusive benefit of you and Horizon. Nothing in these Terms shall create or be deemed to create any third-party beneficiary rights in any other person or entity.
16.7 Headings. Section headings are included in these Terms for convenience of reference only and shall not affect the interpretation or construction of any provision of these Terms.
16.8 Electronic Acceptance and Communications. You agree that your electronic acceptance of these Terms (including by clicking "I Agree" or by completing the registration process) constitutes a legally binding signature to the same extent as a physical signature under applicable law, including the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), 15 U.S.C. § 7001 et seq., and applicable state electronic signature laws. You also agree to receive all legally required notices and communications from Horizon electronically, whether via in-application notification or email to your registered address.
16.9 Export Compliance. You agree to comply with all applicable U.S. and international export control laws and regulations in connection with your use of the Service. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
16.10 Contact Information. Questions or concerns regarding these Terms may be directed to:
Horizon Finance, Inc.
Attn: Legal Department
[STREET ADDRESS]
[CITY, STATE, ZIP]
Email: legal@myhorizonfinance.com
Telephone: [PHONE NUMBER]