Terms of Use

Last Modified: October 27, 2025

Welcome to OpenBook!

These Terms of Use (these “Terms”) describe the terms and conditions that govern your access to and use of the website(s), including opbk.ai, the OpenBook SMS- and iMessage-based assistant known as Obie, and any related software, documentation, or other online, web-enabled, or digital services (collectively, the “Service”) provided by OpenBook Financial Inc. (including its successors and assigns, “OpenBook,” “we,” “our,” or “us”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Notice, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 15.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 15.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE PROVISIONS REQUIRE THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT.

1. How We Administer the Service

1.1 Eligibility

This is a contract between you and OpenBook. You must read and agree to these Terms before using the Service. You may use the Service only if you can form a legally binding contract with us and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). To use the Service, you must be at least 13 years old. If you are under 18 years old, you represent and warrant that you have your parent’s or legal guardian’s consent to use the Service, and that your parent or legal guardian is agreeing to these Terms concurrently. The Service is not available to any Users previously removed or suspended by OpenBook.

1.2 User Accounts

1.2.1 Your User Account; Suspension and Termination.

Your account on the Service (your “User Account”) enables you to access certain products and functionalities that we may, in our sole discretion, establish and maintain from time to time. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account or the Service for any reason or no reason, including if you violate any provision of these Terms. You may deactivate your User Account at any time. We reserve the right, at any time, to modify or discontinue any aspect of the Service, to you or to Users generally, or to impose usage limits without liability.

1.2.2 Connecting via Third-Party Services.

By connecting to the Service through a third-party service—such as Google, Outlook, or a financial data provider—you grant OpenBook permission to access and use your information from that service as authorized by you. You may disconnect any third-party integration at any time within your User Account settings.

1.2.3 Account Security.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your User Account. You may not use another User’s credentials without their consent. We encourage you to use strong passwords and two-factor authentication where available. You agree to notify us immediately of any unauthorized use of your User Account. OpenBook is not liable for any loss or damage arising from your failure to protect your credentials.

2. Access to the Service; Restrictions

2.1 Access to the Service

Subject to your compliance with these Terms, OpenBook grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for your personal use and in accordance with its features. We reserve all rights not expressly granted herein. Certain features of the Service, including enhanced or subscription-based offerings, may be available only during active subscription periods.

2.2 Restrictions and Acceptable Use

Except to the extent prohibited by Applicable Law, you agree that you will not, and will not enable any third party to:

  • Disassemble, reverse engineer, or decompile any part of the Service;
  • Use automated tools or “scrapers” to access or extract data except as expressly permitted by OpenBook;
  • Interfere with, or disrupt, the integrity or performance of the Service or any User’s experience;
  • Copy, rent, resell, distribute, or modify any part of the Service or our intellectual property;
  • Use the Service in violation of Applicable Law, including for fraudulent, defamatory, harassing, or deceptive purposes;
  • Use the Service to develop or benchmark a competing product or service;
  • Bypass or disable access controls or security measures;
  • Transmit spam, viruses, or other malicious code;
  • Harvest or collect personal information of other users; or
  • Refer to OpenBook or the Service in a way that implies sponsorship or endorsement without our prior written consent.

2.3 User Responsibilities

You are solely responsible for the data you choose to connect, upload, or share through the Service and for ensuring that you have the rights necessary to authorize OpenBook’s processing of such data. The Service is not designed to store or process “Sensitive Information,” including health information governed by HIPAA, financial account numbers, Social Security numbers, or other data protected by specialized regulations.

3. User Content

As between you and OpenBook, you (or your licensors) own any and all information, data, messages, or other materials you submit or transmit through the Service (“User Content”). OpenBook does not claim ownership over your User Content; however, by submitting it through the Service, you grant OpenBook a non-exclusive, worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, distribute, and display your User Content (i) to operate, maintain, and provide the Service, (ii) to improve our products and services, and (iii) as otherwise described in our Privacy Notice or authorized by you.

You are solely responsible for your User Content and any consequences arising from its submission. OpenBook does not endorse or guarantee any User Content made available through the Service and expressly disclaims liability for such content. The Service may expose you to material that is inaccurate, offensive, or otherwise objectionable. You agree to use discretion and assume all risk arising from your use of such content.

4. Intellectual Property

4.1 Ownership

OpenBook and its licensors own and will continue to own all rights, title, and interest in and to the Service, including all software, technology, and content displayed or made available through it, excluding User Content. Use of our intellectual property without prior written permission is strictly prohibited.

4.2 Usage Data

OpenBook may collect technical, analytical, and usage information related to your use of the Service (“Usage Data”). All Usage Data is owned solely by OpenBook. We may use such data to operate, improve, and secure our products, develop new features, and generate aggregated or de-identified analytics.

4.3 Output

You may use the output generated by Obie or any other Service feature (“Output”) for lawful purposes, subject to these Terms. Due to the nature of AI systems, Output may not be unique across users and may contain inaccuracies or “hallucinations.” You are solely responsible for verifying the accuracy and appropriateness of any Output before relying upon it. OpenBook is not liable for any decisions or actions taken based on Output.

4.4 Feedback

If you submit suggestions, feedback, or ideas to OpenBook, you assign to us all rights, title, and interest in such feedback without obligation to compensate or attribute you. All feedback shall be considered our Confidential Information.

5. Confidential Information

The Service may involve the disclosure of non-public, proprietary, or confidential information of OpenBook (“Confidential Information”). You agree to protect and safeguard such Confidential Information using at least the same degree of care as you would for your own sensitive data, not to use it except as authorized under these Terms, and not to disclose it to third parties except as necessary for your use of the Service and under comparable confidentiality obligations.

6. Payments and Affiliates

Certain aspects of the Service may be offered for a fee, including paid tiers or affiliate-linked transactions. All payments are processed by third-party payment providers such as Stripe under their own terms.

OpenBook may provide links, recommendations, or suggestions that lead to purchases or third-party transactions. In some cases, OpenBook may earn a commission or referral fee through such links (“Affiliate Relationships”). These links are provided contextually and are not traditional advertisements. OpenBook does not sell personal data or permit third-party advertisers to target users within the Service.

All fees are exclusive of applicable taxes and non-refundable except as required by law.

7. Privacy; Data Security

OpenBook cares about your privacy and the integrity of your information. By using the Service, you acknowledge that OpenBook may collect, use, and disclose your information in accordance with its Privacy Policy. Although we employ commercially reasonable safeguards designed to protect your data, no system is completely secure. You acknowledge that you provide your data at your own risk.

8. Communications

By providing your contact information, you consent to receiving transactional communications from OpenBook, including text messages and emails necessary to deliver the Service, verify your account, or provide updates. You may opt in to receive optional promotional communications, which you can revoke at any time by replying STOP to an SMS or by following unsubscribe links in emails. Message and data rates may apply. OpenBook is not responsible for delays or delivery failures related to carrier or network issues.

9. Termination

We may suspend or terminate your access to the Service at any time, for any reason or no reason, without liability to you. Upon termination, your license to use the Service will immediately cease, and you must discontinue all use. You may also terminate your account at any time by contacting support@opbk.ai. Sections concerning intellectual property, confidentiality, limitation of liability, dispute resolution, and indemnity will survive termination.

10. Release

You hereby release OpenBook and its affiliates from all claims, losses, and liabilities, known or unknown, arising out of disputes with third parties or your use of third-party services in connection with OpenBook. You expressly waive any rights under laws that would otherwise limit the effect of this release.

11. Indemnification

You agree to defend, indemnify, and hold harmless OpenBook and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of: (a) your use of or access to the Service; (b) your violation of these Terms or Applicable Law; (c) your User Content; or (d) any third-party claim arising from your actions or omissions. OpenBook reserves the right to assume exclusive control of any matter otherwise subject to your indemnification, and you agree to cooperate in such defense.

12. No Warranty; Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPENBOOK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

OPENBOOK DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR DEVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENBOOK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO OPENBOOK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY; IN SUCH CASES, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Governing Law; Arbitration; Class Action Waiver

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement below.

14.2 Arbitration Agreement

READ THIS SECTION CAREFULLY. You and OpenBook agree that any dispute or claim arising out of or relating to these Terms or your use of the Service will be resolved by binding arbitration administered by JAMS, in accordance with its streamlined arbitration rules, before a single arbitrator located in Delaware, unless the parties agree otherwise.

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing info@opbk.ai with your name and a clear statement of your intent to opt out. Otherwise, this agreement is binding. The arbitrator shall have exclusive authority to determine issues of arbitrability and to resolve all disputes related to the interpretation or enforceability of this provision.

14.3 Class Action and Jury Trial Waiver

To the fullest extent permitted by law, you and OpenBook agree that all claims will be brought only in your individual capacity and not as part of any class, collective, or representative action. You waive the right to a jury trial. The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that individual’s claim.

15. Export Compliance

You acknowledge that the Service may be subject to U.S. export control and sanctions laws. You agree not to export, re-export, or transfer the Service except in compliance with such laws and regulations and represent that you are not located in a jurisdiction subject to comprehensive U.S. sanctions or listed on any restricted-party list.

16. General Provisions

These Terms constitute the entire agreement between you and OpenBook regarding the Service and supersede all prior agreements relating to the same subject matter. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term will be deemed a continuing waiver of such term or any other.

OpenBook may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign or transfer these Terms without our prior written consent. We may provide notice of changes to these Terms via email or by posting updated Terms on our website. Continued use of the Service following such notice constitutes acceptance of the modified Terms.

If you have any questions or concerns about these Terms, please contact us at support@opbk.ai or info@opbk.ai

2025 OpenBook Financial Inc.

OpenBook Financial Inc. | Dover, Delaware USA | opbk.ai