Terms of Service

Famutual LLC · Effective October 14, 2026 · Draft under attorney review; these terms apply from the date counsel approves them, and we will post that date here.

These Terms are an agreement between you and Famutual LLC, an Arizona limited liability company ("Famutual", "we"). They cover the Famutual software service at famutual.com and app.famutual.com (the "Service"). By creating an account or using the Service you agree to them. If you are setting up a fund for your family, you are agreeing on behalf of the family's company as well as yourself, and you confirm you have the authority to do that.

1. What the Service is, and is not

Famutual is software. It helps a family set up and run its own lending fund: a company the family owns, with its own checking account, where members put money in, borrow under written rules, and see every transaction.

Famutual is not a bank, a credit union, a lender, a loan broker, a money transmitter, a payment processor for your fund, or an investment adviser. Specifically:

• We never hold, pool, move or lend your family's money. Money moves only between your fund's own account and your members' own accounts, by your family's instructions. Famutual reads your account's transaction feed and records what happened; it does not initiate transfers.
• We do not give legal, tax, investment or financial advice. The default rules, document templates and state information in the Service are starting points. They are not advice about your situation. Your family's attorney and accountant should review the operating agreement, promissory notes and tax elections before you rely on them.
• We do not guarantee any outcome. Interest rates, returns, loan repayment and the conduct of your members are your family's business and risk.
• Nothing in the Service is an offer or solicitation of a security. Your fund's membership interests, if any, are created by your family under your own documents, not by Famutual.

2. Who may use the Service

You must be at least 18 and able to form a binding contract. The Service is offered to families in the United States. Each member of a fund needs their own login and may not share it. You are responsible for everything done under your login and for keeping your password and two-step codes private.

3. Your fund, your company, your documents

Your family forms and owns the legal entity that runs the fund (typically a limited liability company) and opens its bank account. The Service generates documents from the rules you choose, such as an operating agreement, promissory notes and member statements. You and your family are responsible for whether those documents fit your state's law and your situation, for signing them, and for filing anything your state requires. Famutual is not a party to your fund's documents and has no obligation under them.

4. Electronic signatures and records

When a member signs a document in the Service (for example a promissory note or the operating agreement), the member agrees that an electronic signature, with the typed name, the date and time, the signer's network address and a cryptographic hash of the document, is their signature and is binding to the same extent as ink, under the U.S. Electronic Signatures in Global and National Commerce Act and your state's equivalent. You consent to receive records and notices from us and from your fund electronically. You may withdraw that consent by closing your account, and you may download your signed documents at any time.

5. Bank feeds and third-party services

If your fund's treasurer connects a bank account, the Service uses a read-only connection or statements you import to match deposits and payments to members. We never receive the authority to move money. Famutual uses service providers to run the Service: hosting and database providers, an email provider, and Stripe for Famutual's own subscription billing. Those providers process data only on our instructions. Your bank, your accountant, and any formation or registered-agent service you use are your own relationships, not ours.

6. Fees, free trial and billing

• Price. One plan: $77 per month per family, every member and every feature included. We may change the price on 30 days' notice; a change applies at your next renewal after the notice.
• Free trial. A fund's first 30 days after setup are free, no card required. During the trial everything works. Before the trial ends, the founder or treasurer may subscribe; nothing is charged until the trial ends.
• After the trial. If no subscription is in place when the trial ends, the fund becomes read-only: members can still sign in and see balances, loans, statements and the ledger, but new loans, votes, payouts, withdrawals, bank syncs and signatures wait until someone subscribes. Nothing is deleted while the fund is read-only.
• Payment. Subscriptions are billed monthly in advance through Stripe, by card or U.S. bank account, to the payment method your fund provides. You authorize those recurring charges. If a payment fails we retry and notify you; the fund stays fully usable for a reasonable period, then becomes read-only until payment succeeds.
• Cancelling. Cancel any time from the Billing page or Stripe's billing portal. Cancellation takes effect at the end of the period you have paid for; there are no refunds for partial periods except where the law requires.
• Taxes. Prices exclude sales and similar taxes, which we add where we are required to collect them.

7. Your data

Your family's data belongs to your family. We use it only to provide the Service, as the Privacy Policy describes. Every member of a fund can see the fund's full ledger, every loan, and the rules; that transparency is part of how the Service works, and by joining a fund you accept it. You may export your fund's data at any time, and the fund's founder or treasurer may close the fund. We keep closed-fund data available for export for 90 days, then delete it from active systems, except records we must keep by law.

8. Acceptable use

Do not use the Service for anything unlawful; to run a lending business for the public or for anyone outside your family; to evade usury, consumer-lending, securities or tax law; to launder money; to harass a member; or to interfere with, probe or overload the Service. Do not resell or white-label the Service. We may suspend an account or a fund that breaks these rules.

9. Availability and changes

We work to keep the Service available and accurate, but it is provided as it is and as available. We may change, add or retire features. We will give reasonable notice of changes that remove functionality you rely on, and your data remains exportable.

10. Disclaimer of warranties

To the fullest extent the law allows, the Service is provided without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy of calculations and documents, and non-infringement. Interest calculations, amortization schedules and statements are generated by software from the rules and transactions your family provides; your family is responsible for checking them.

11. Limitation of liability

To the fullest extent the law allows, Famutual and its owners, managers and providers are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or losses arising from loans your family makes, a member's default, a bank's actions, or decisions your family takes using the Service. Our total liability for any claim relating to the Service is limited to the amount your fund paid Famutual in the twelve months before the claim. Some states do not allow some of these limits; in those states they apply only as far as the law permits.

12. Indemnity

You agree to defend and indemnify Famutual against third-party claims, including by your own members, arising from your fund's lending, documents, taxes, or your breach of these Terms, except to the extent caused by our breach.

13. Term and termination

These Terms apply while you have an account. You may close your account at any time. We may suspend or terminate access for breach, for non-payment after the read-only period, or if we discontinue the Service, with at least 60 days' notice in the last case and your data available for export throughout.

14. Disputes

These Terms are governed by Arizona law. Any dispute will be brought in the state or federal courts in Maricopa County, Arizona, and you consent to their jurisdiction. Each party waives a jury trial to the extent permitted. Claims must be brought individually, not as a class or representative action. Before filing, the parties will try in good faith to resolve the dispute by writing to each other for 30 days.

15. General

These Terms and the Privacy Policy are the entire agreement about the Service. If a provision is unenforceable the rest stands. We may assign these Terms to a successor of the Service; you may not assign your account. Notices to us: hello@famutual.com, or Famutual LLC, 21168 E Ocotillo Rd #1224, Queen Creek, AZ 85142. We may update these Terms; we will post the new version with its effective date and email account holders about material changes at least 30 days before they take effect.