Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and Gormley Capital Holdings, Inc., doing business as FinTestPrep (“FinTestPrep,” “we,” “us,” or “our”). They govern your access to and use of the FinTestPrep website, web application, educational content, practice questions, lessons, review tools, progress features, subscriptions, notifications, and related services (collectively, the “Service”).

By creating an account, purchasing a subscription, or otherwise using the Service after being presented with these Terms, you agree to be bound by them. If you do not agree, do not create an account or use the Service.

2. Privacy Policy

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. The Privacy Policy is a notice of our data practices and is not itself a promise that expands these Terms, except to the extent applicable law provides otherwise. Where a particular data practice legally requires separate consent, we will request that consent separately.

3. Eligibility and minors

You must be at least 13 years old to create or use a FinTestPrep account.

If you are under the age of majority where you live, you may use the Service only with the permission of a parent or legal guardian. By permitting a minor to use the Service, the parent or guardian agrees to supervise the minor’s use and accepts responsibility to the extent permitted by applicable law.

The Service is not intended for children under 13. If we learn that we collected personal information from a child under 13 in circumstances requiring parental consent, we may delete the account and associated information as required by law.

FinTestPrep Pro recurring subscriptions may be purchased only by users who are at least 18 years old and legally authorized to make the purchase. Users ages 13 through 17 may use eligible free features with the permission of a parent or legal guardian, but may not personally purchase a recurring Pro subscription.

4. Electronic agreement and records

You agree that your electronic acceptance of these Terms has the same legal effect as a handwritten signature to the extent permitted by law.

We may retain records of the version of the Terms and Privacy Policy you were shown, the date and time of acceptance, your account identifier, your age-eligibility attestation, and immutable content identifiers or hashes that identify the exact legal-document release presented to you. We do not collect an IP address solely for the purpose of creating an agreement record.

5. Your account

You must provide accurate account information and maintain the confidentiality of your login credentials. You are responsible for activity through your account to the extent permitted by law.

You may not sell, rent, transfer, sublicense, or commercially share an account; access another person’s account without authorization; impersonate another person; or use automated means to create accounts or circumvent account controls.

Contact fintestprep@fintestprep.com promptly if you believe your account has been compromised.

You may request deletion of your account through available account controls. Deleting an account does not erase records that we are legally required or reasonably permitted to retain for fraud prevention, billing, tax, security, dispute resolution, or proof of contractual assent. Any retained record will be limited to what is reasonably necessary for that purpose and handled under our Privacy Policy.

6. Educational service; no professional advice

FinTestPrep is an educational product. Content concerning finance, accounting, corporate finance, investing, taxation, business, or related subjects is provided for learning and practice purposes only.

The Service does not provide personalized investment, securities, financial, tax, legal, audit, accounting, or other professional advice. Nothing in the Service is an offer, recommendation, or solicitation to buy, sell, or hold a security or financial product. You are responsible for decisions you make outside the Service and should consult an appropriately qualified professional when needed.

7. No guarantee of results

We do not guarantee any grade, exam result, admission, certification, employment, promotion, financial result, mastery level, or other outcome.

Readiness estimates, mastery percentages, XP, levels, streaks, recommendations, weak-area indicators, review schedules, and similar metrics are educational tools and estimates. They are not independently certified measurements of knowledge or professional competence.

8. Content accuracy and changes

We work to make educational content useful and accurate, but finance, accounting standards, laws, regulations, tax rules, curricula, and professional practices can change. We do not promise that every lesson, question, explanation, calculation, citation, or answer will always be complete, current, or error-free.

We may correct, replace, reorganize, add, or remove content and features at any time, subject to applicable law and any specific commitment we make for a paid service.

9. Free access and practice allowances

Free access may be subject to practice limits, refill periods, feature limits, or other usage restrictions displayed in the Service. Those limits may change prospectively.

Unless the Service states otherwise, challenge questions may count toward the same new-question allowance as other new practice questions, while previously learned review material may be available under different limits.

We will not convert free access into a paid subscription or charge a payment method without the authorization required by applicable law.

10. Paid subscriptions

FinTestPrep may offer recurring monthly, annual, or other paid plans. The price, billing interval, material subscription terms, and applicable taxes will be presented before you purchase.

Before we send you to checkout, we require you to affirmatively acknowledge the recurring price and renewal interval and confirm that you are at least 18 years old and authorized to make the purchase. By completing checkout, you authorize our payment processor to charge the payment method associated with your purchase at the disclosed interval until you cancel.

Unless otherwise stated at checkout, subscriptions automatically renew for additional periods of the same duration. You may cancel an eligible subscription using the billing management tools made available through your account. Cancellation ordinarily prevents future renewal and does not retroactively refund a period already purchased.

We may change prices prospectively. Where required by law, we will provide notice before a changed price applies to a renewal.

11. Refunds

Except where required by law or expressly stated in a specific offer, fees are non-refundable once charged. A discretionary refund in one situation does not create an obligation to provide the same result in another.

Nothing in these Terms limits any cooling-off period, refund right, statutory warranty, or other consumer right that cannot legally be waived.

12. Lifetime access

If an account is designated “Lifetime Pro,” “Lifetime Access,” or similar, “lifetime” means access for so long as FinTestPrep continues to operate the applicable Service or a materially comparable successor service, unless the specific offer expressly provides otherwise.

Lifetime access does not guarantee perpetual operation of FinTestPrep or perpetual availability of every present feature. It is personal to the designated account and may not be resold or transferred without our written authorization.

We will not convert Lifetime Pro into a recurring paid subscription without the account holder’s express authorization.

13. Payment processing

Payments may be processed by third-party payment processors, including Stripe. Those providers may process payment information under their own terms and privacy notices. We do not necessarily receive or store your complete payment-card number.

14. Service communications

We may send communications necessary to operate your account, such as verification, authentication, password-reset, security, billing, legal, and important service notices.

15. Intellectual property

The Service and its protectable contents are owned by FinTestPrep, Gormley Capital Holdings, Inc., or their licensors and are protected by copyright, trademark, trade secret, and other intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license to use the Service for your own lawful educational purposes. No ownership interest is transferred to you.

16. Prohibited conduct

You may not, except where applicable law expressly permits it:

• copy, publish, redistribute, or sell substantial portions of our question banks, lessons, or answer keys;
• scrape, crawl, harvest, spider, or systematically extract content or data from the Service;
• use bots or automation to obtain content at scale or circumvent usage limits;
• reverse engineer, decompile, or attempt to derive protected source code;
• bypass authentication, paywalls, rate limits, practice limits, or other access controls;
• probe, scan, or test vulnerabilities without written authorization;
• introduce malware, malicious code, or harmful traffic;
• use the Service for fraud, unlawful activity, or infringement of third-party rights;
• misrepresent FinTestPrep content as your own; or
• use our content to build a substantially competing question bank or educational product in violation of applicable contract or intellectual-property law.

17. User submissions

You retain rights you have in information you submit. You grant us a limited worldwide license to host, process, reproduce, transmit, and use your submissions as reasonably necessary to operate the Service, grade responses, maintain progress, provide support, prevent abuse, secure the Service, and comply with law.

This does not transfer ownership of your personal information to us. Personal information is handled as described in our Privacy Policy.

18. Feedback

If you voluntarily submit product ideas, feature requests, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without compensation or obligation. This section does not grant us ownership of your personal information.

19. Third-party services

The Service relies on third-party infrastructure and may link to third-party services. We do not control their independent acts, terms, privacy practices, content, or availability, except to the extent applicable law makes us responsible for them.

20. Availability, maintenance, and experimental features

We do not guarantee uninterrupted or error-free availability. The Service may be unavailable because of maintenance, updates, outages, infrastructure failures, cybersecurity events, third-party failures, or circumstances outside our reasonable control.

We may test beta or experimental features with some users. Experimental features may change or be discontinued without notice.

21. Suspension and termination

We may suspend, restrict, or terminate access where reasonably necessary because of a material violation of these Terms, fraud, abuse, security risk, unlawful conduct, nonpayment, unauthorized access, circumvention of controls, or conduct that materially harms FinTestPrep, its users, or third parties.

Where reasonably practicable and legally appropriate, we may provide notice or an opportunity to cure. You may stop using the Service at any time. Account deletion and subscription cancellation are separate actions unless expressly stated otherwise.

22. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FINTESTPREP DISCLAIMS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED.

We do not warrant that the Service will always be available, error-free, completely secure, or that every educational answer or explanation will always be accurate. Jurisdictions that do not permit certain disclaimers may provide you additional rights.

23. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINTESTPREP, GORMLEY CAPITAL HOLDINGS, INC., AND THEIR OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA ARISING FROM OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FINTESTPREP DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.

These limitations do not apply to liability that cannot legally be excluded or limited, and they do not waive non-waivable consumer rights.

24. Indemnification

To the maximum extent permitted by law, if you use the Service on behalf of a business or other organization, that organization agrees to defend, indemnify, and hold harmless FinTestPrep, Gormley Capital Holdings, Inc., and their affiliates, officers, employees, contractors, and agents from third-party claims, liabilities, losses, and reasonable legal fees arising from that organization’s unlawful use of the Service, material violation of these Terms, or infringement of third-party rights. For individual consumers, this provision applies only to the extent enforceable under applicable law and does not require indemnification for our own unlawful conduct.

25. Informal dispute resolution

Before filing a formal claim, you and FinTestPrep agree to make a reasonable good-faith effort to resolve the dispute informally, unless applicable law allows either party to proceed immediately.

Send a notice describing the dispute and requested resolution to fintestprep@fintestprep.com. We ask that the parties allow at least 30 days for informal resolution.

These Terms do not presently require consumer arbitration or waive class-action rights. Any future arbitration provision would require a separately published update and any notice or renewed acceptance required by law.

26. Governing law, venue, and consumer protections

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law or another law that cannot validly be waived applies.

To the extent permitted by applicable law, any court proceeding arising out of or relating to these Terms or the Service must be brought exclusively in a state court located in Broward County, Florida, or in a federal court with jurisdiction serving Broward County, Florida. You and FinTestPrep consent to the personal jurisdiction of those courts.

Nothing in this section waives any non-waivable consumer protection, statutory right, small-claims right, or right to bring a proceeding in another forum where applicable law does not permit that right to be waived.

27. Changes to these Terms

We may revise these Terms from time to time. The current version will identify its effective date and version. If a change materially affects your rights or obligations, we may provide additional notice and may require renewed acceptance where appropriate or legally required.

Changes will not retroactively authorize charges or eliminate rights that cannot lawfully be waived.

28. Assignment

You may not assign your account or these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, corporate restructuring, sale of assets, or transfer of the Service, subject to applicable law.

29. Severability; waiver

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect unless applicable law requires otherwise. Our failure to enforce a provision is not a waiver of our right to do so later.

30. Entire agreement

These Terms, any checkout disclosures, and any additional contractual terms expressly presented for a particular feature constitute the agreement concerning the Service. Our Privacy Policy is a separate notice describing our data practices. Specific transaction terms control over these Terms to the extent of a direct conflict for that transaction.

31. Contact

Gormley Capital Holdings, Inc., d/b/a FinTestPrep
Email: fintestprep@fintestprep.com