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Terms & Conditions

Effective date: April 16, 2026
Brand: The Capitalista
Legal entity: Roshed Coaching LLC (“The Capitalista,” “we,” “us,” “our”)
Website: www.thecapitalista.com

These Terms of Service (“Terms”) govern your access to and use of The Capitalista website and services, including any dashboards, reports, scenario tools, alerts, meetings, and support (collectively, the “Services”). By creating an account, subscribing, uploading content, or using the Services, you agree to these Terms.

If you do not agree, do not use the Services.

1) Who We Are (Brand vs. Legal Entity)

“The Capitalista” is a brand operated by Roshed Coaching LLC.

2) Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services.

You agree to:

  • Provide accurate account information
  • Keep your login credentials secure
  • Notify us promptly of unauthorized use of your account

You are responsible for all activity that occurs under your account.

3) Services and Plan Scope

The Services are offered in subscription plans described on our pricing page and/or order form at the time of purchase. Plan features, meeting cadence, dashboards, and support response targets differ by plan.

We may update, modify, or discontinue parts of the Services from time to time. If a change materially reduces your paid features, we will provide reasonable notice.

4) Subscriptions, Billing, Renewals, and Cancellations

Your paid subscription terms—including automatic renewal, billing frequency, cancellation, refunds (if any), and trial terms—are governed by our Subscription Terms & Cancellation Policy, which is incorporated into these Terms by reference.

5) Customer Content (Uploads) and Permissions

A. Your content

“Customer Content” means any files, documents, data, text, and materials you upload, transmit, store, or generate through the Services (including financial statements, bank statements, invoices, bills, exports, notes, and scenario inputs).

You retain ownership of your Customer Content.

B. License you grant us

You grant The Capitalista a limited, non-exclusive, worldwide license to host, store, reproduce, process, transmit, and display Customer Content only as necessary to:

  • Provide and operate the Services
  • Maintain and secure the Services
  • Provide support and improve reliability
  • Comply with law and enforce these Terms

C. Your responsibilities for uploads

You represent and warrant that:

  • You have all rights needed to upload and use Customer Content with the Services
  • Your Customer Content does not violate any law, privacy rights, confidentiality obligations, or intellectual property rights
  • You will not upload illegal content or content you are not authorized to share

If your Customer Content includes information about other people (employees, customers, vendors), you are responsible for providing any notices and obtaining any consents required by law.

6) Confidentiality and Data Handling

We will treat Customer Content as confidential and use it only to provide the Services, subject to our Privacy Policy and any separate written agreements you have with us (such as a DPA, if executed).

7) Acceptable Use (What You Can’t Do)

You agree not to:

  • Use the Services for unlawful, harmful, fraudulent, or abusive purposes
  • Upload malware or attempt to disrupt, damage, or gain unauthorized access to the Services
  • Probe, scan, or test the vulnerability of our systems
  • Reverse engineer or attempt to extract source code (except to the extent permitted by law)
  • Scrape, copy, or harvest data from the Services without permission
  • Use the Services to process or store highly sensitive personal data unless necessary and appropriate safeguards are used (e.g., government ID numbers), and you have legal authorization to do so

We may suspend or terminate access for violations of this section.

8) Professional Disclaimer (Important)

The Capitalista provides dashboards, analyses, scenario tools, alerts, and operational finance guidance.

We are not your CPA, auditor, attorney, broker, or investment adviser. The Services do not constitute legal, tax, accounting, or investment advice. You are responsible for:

  • Decisions you make based on the Services
  • Your accounting records, tax filings, statutory compliance, and financial reporting
  • Verifying outputs before acting on them

You should consult qualified professionals (CPA/attorney) for legal, tax, or regulatory advice.

9) No Guarantee of Outcomes

Financial performance depends on many factors outside our control. We do not guarantee that you will achieve any specific results, savings, profitability, fundraising outcome, or business performance.

10) Intellectual Property

A. Our IP

The Services, including all software, templates, workflows, dashboards, designs, and content we provide (excluding your Customer Content) are owned by The Capitalista and/or its licensors and are protected by intellectual property laws.

We grant you a limited, non-transferable, non-exclusive license to access and use the Services for your internal business purposes during your subscription term, subject to these Terms.

B. Feedback

If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.

11) Third-Party Services and Links

The Services may integrate with or link to third-party tools (e.g., payment providers, integrations you choose). We are not responsible for third-party services, and your use of them is governed by their terms and policies.

12) Suspension and Termination

A. By you

You may cancel your subscription at any time as described in the Subscription Terms.

B. By us

We may suspend or terminate your access if:

  • You fail to pay fees when due
  • You violate these Terms
  • We reasonably believe your use poses a security, legal, or operational risk
  • We are required to do so by law

If we suspend the Services, we will make reasonable efforts to notify you and restore access when the issue is resolved (where appropriate).

13) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or that any outputs will be accurate in all circumstances (especially where inputs are incomplete or inaccurate).

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE CAPITALISTA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
  • OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so these limits may not apply to you to the extent prohibited by law.

15) Indemnification

You agree to indemnify and hold harmless The Capitalista from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Your Customer Content
  • Your violation of these Terms
  • Your misuse of the Services
  • Your infringement of any third-party rights

16) Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES THAT MOST DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT.

16.1 Informal Resolution First

Before either party files a claim against the other, both parties agree to try to resolve the dispute informally. You must send a written notice of the dispute to privacy@thecapitalista.com and include: (a) your name, (b) the email associated with your account, (c) a description of the dispute, and (d) the relief you seek.

We will contact you at the email address associated with your account. If we cannot resolve the dispute within 30 days of receiving your notice, either party may proceed as described below.

16.2 Agreement to Arbitrate

Except as stated in Section 16.3, you and The Capitalista agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) will be resolved by binding arbitration administered by JAMS under its applicable rules then in effect, except that this arbitration agreement is governed by the Federal Arbitration Act (FAA).

Arbitration means an independent arbitrator, not a judge or jury, will decide the Dispute, and court review is limited.

16.3 Exceptions (Small Claims; Injunctive Relief; IP)

Either party may:

  • Bring an individual action in small claims court if the claim qualifies and remains in small claims court; and/or
  • Seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse, infringement, or misappropriation of intellectual property rights, confidential information, or unauthorized access to the Services.

16.4 Arbitration Location and Procedure

The arbitration will be conducted:

  • Remotely by video unless the parties agree otherwise, or the arbitrator requires an in-person hearing; and
  • In English.

The arbitrator may award any relief that a court could award, but only to the extent necessary to resolve the individual Dispute.

16.5 Fees and Costs

Payment of arbitration fees will be governed by JAMS rules. If you can demonstrate that the costs of arbitration are prohibitive compared to court, we will consider in good faith reasonable fee arrangements (such as paying or reimbursing certain filing fees) as permitted by JAMS rules and applicable law.

Each party will bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.

16.6 Class Action Waiver

YOU AND THE CAPITALISTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

16.7 Waiver of Jury Trial

To the extent any Dispute is not subject to arbitration, you and The Capitalista waive the right to a jury trial.

16.8 Opt-Out Right (30 Days)

You may opt out of this arbitration agreement by sending an email to privacy@thecapitalista.com within 30 days of the date you first accept these Terms.

Your opt-out notice must include: (a) your name, (b) the email address associated with your account, and (c) a clear statement that you want to opt out of arbitration. If you opt out, neither party will be bound by this arbitration agreement.

16.9 Severability

If any part of this Section 16 is found unenforceable, the unenforceable provision will be severed and the remainder will remain in effect. However, if the Class Action Waiver (Section 16.6) is found unenforceable, then the entire arbitration agreement will be null and void to the extent required by law.

17) Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new effective date. If changes are material, we will provide additional notice (e.g., in-product or by email). Your continued use after the effective date means you accept the updated Terms.

18) Contact

Support: support@thecapitalista.com
Privacy: privacy@thecapitalista.com

Roshed Coaching LLC
Address: X

The Next Generation Financial Intelligence Platform to Navigate Your Future.

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Email:
Rosha@roshedcoaching.com
Phone:
(310) 920 6883

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