Lastupdated July 12, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Financee ('Company', 'we', 'us', or 'our'), a company registered in Luxembourg.
We operate the website https://Financee.io (the 'Site'), as well as any otherrelated products and services that refer or link to these legal terms (the'Legal Terms') (collectively, the 'Services').
You can contact us by email at contact@Financee.io
These Legal Terms constitute a legally binding agreement made between you,whether personally or on behalf of an entity ('you'), and Financee, concerningyour access to and use of the Services. You agree that by accessing theServices, you have read, understood, and agreed to be bound by all of theseLegal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU AREEXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USEIMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on theServices from time to time are hereby expressly incorporated herein byreference. We reserve the right, in our sole discretion, to make changes ormodifications to these Legal Terms from time to time. We will alert you aboutany changes by updating the 'Last updated' date of these Legal Terms, and youwaive any right to receive specific notice of each such change. It is yourresponsibility to periodically review these Legal Terms to stay informed ofupdates. You will be subject to, and will be deemed to have been made aware ofand to have accepted, the changes in any revised Legal Terms by your continueduse of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Personsunder the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. FREE TRIAL
7. CANCELLATION
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENCE
11. SOCIAL MEDIA
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation or whichwould subject us to any registration requirement within such jurisdiction orcountry. Accordingly, those persons who choose to access the Services fromother locations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use the Services. You may not usethe Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in ourServices, including all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics in the Services(collectively, the 'Content'), as well as the trademarks, service marks, andlogos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (andvarious other intellectual property rights and unfair competition laws) andtreaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for yourpersonal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITEDACTIVITIES' section below, we grant you a non-exclusive, non-transferable,revocable licence to:
§ access the Services; and
§ download or print a copy of anyportion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than asset out in this section or elsewhere in our Legal Terms, please address yourrequest to: info@Financee.io. If we ever grant you the permission to post,reproduce, or publicly display any part of our Services or Content, you mustidentify us as the owners or licensors of the Services, Content, or Marks andensure that any copyright or proprietary notice appears or is visible onposting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a materialbreach of our Legal Terms and your right to use our Services will terminateimmediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefullyprior to using our Services to understand the (a) rights you give us and (b)obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services ('Submissions'), you agree toassign to us all intellectual property rights in such Submission. You agreethat we shall own this Submission and be entitled to its unrestricted use anddissemination for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, orparticipate in blogs, message boards, online forums, and other functionalityduring which you may create, submit, post, display, transmit, publish,distribute, or broadcast content and materials to us or through the Services,including but not limited to text, writings, video, audio, photographs, music,graphics, comments, reviews, rating suggestions, personal information, or othermaterial ('Contributions'). Any Submission that is publicly posted shall alsobe treated as a Contribution.
You understand that Contributions may be viewable by other users of theServices.
When you post Contributions, you grant us a licence (including use of yourname, trademarks, and logos): By posting any Contributions, you grant us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,royalty-free, fully-paid, worldwide right, and licence to: use, copy,reproduce, distribute, sell, resell, publish, broadcast, retitle, store,publicly perform, publicly display, reformat, translate, excerpt (in whole orin part), and exploit your Contributions (including, without limitation, yourimage, name, and voice) for any purpose, commercial, advertising, or otherwise,to prepare derivative works of, or incorporate into other works, yourContributions, and to sublicence the licences granted in this section. Our useand distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos,and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissionsand/or posting Contributions through any part of the Services or makingContributions accessible through the Services by linking your account throughthe Services to any of your social networking accounts, you:
§ confirm that you have read andagree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish,upload, or transmit through the Services any Submission nor post anyContribution that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading;
§ to the extent permissible byapplicable law, waive any and all moral rights to any such Submission and/orContribution;
§ warrant that any such Submissionand/or Contributions are original to you or that you have the necessary rightsand licences to submit such Submissions and/or Contributions and that you havefull authority to grant us the above-mentioned rights in relation to your Submissionsand/or Contributions; and
§ warrant and represent that yourSubmissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and youexpressly agree to reimburse us for any and all losses that we may sufferbecause of your breach of (a) this section, (b) any third party’s intellectualproperty rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitorany Contributions, we shall have the right to remove or edit any Contributionsat any time without notice if in our reasonable opinion we consider suchContributions harmful or in breach of these Legal Terms. If we remove or editany such Contributions, we may also suspend or disable your account and reportyou to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that anymaterial available on or through the Services infringes upon any copyright youown or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS'section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registrationinformation you submit will be true, accurate, current, and complete; (2) youwill maintain the accuracy of such information and promptly update suchregistration information as necessary; (3) you have the legal capacity and youagree to comply with these Legal Terms; (4) you are not a minor in thejurisdiction in which you reside; (5) you will not access the Services throughautomated or non-human means, whether through a bot, script or otherwise; (6)you will not use the Services for any illegal or unauthorised purpose; and (7)your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username youselect if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Stripe
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Services. You further agree topromptly update account and payment information, including email address,payment method, and payment card expiration date, so that we can complete yourtransactions and contact you as needed. Sales tax will be added to the price ofpurchases as deemed required by us. We may change prices at any time. Allpayments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchasesand any applicable shipping fees, and you authorise us to charge your chosenpayment provider for any such amounts upon placing your order. If your order issubject to recurring charges, then you consent to our charging your paymentmethod on a recurring basis without requiring your prior approval for eachrecurring charge, until such time as you cancel the applicable order. Wereserve the right to correct any errors or mistakes in pricing, even if we havealready requested or received payment.
We reserve the right to refuse any order placed through the Services. We may,in our sole discretion, limit or cancel quantities purchased per person, perhousehold, or per order. These restrictions may include orders placed by orunder the same customer account, the same payment method, and/or orders thatuse the same billing or shipping address. We reserve the right to limit orprohibit orders that, in our sole judgement, appear to be placed by dealers,resellers, or distributors.
6. FREE TRIALFree Trialversion is limited to 7 Days.
7. CANCELLATION
A subscription purchase has a 30-day money back guarantee, only in the casethat no invoice has been paid through stripe to the user. You can cancel yoursubscription at any time by logging into your account and proceeding to Stripedashboard. Your cancellation will take effect at the end of the current paidterm.
If you are unsatisfied with our Services, please email us at contact@Financee.io.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that forwhich we make the Services available. The Services may not be used inconnection with any commercial endeavours except those that are specificallyendorsed or approved by us.
As a user of the Services, you agree not to:
§ Systematically retrieve data orother content from the Services to create or compile, directly or indirectly, acollection, compilation, database, or directory without written permission fromus.
§ Trick, defraud, or mislead us andother users, especially in any attempt to learn sensitive account informationsuch as user passwords.
§ Circumvent, disable, or otherwiseinterfere with security-related features of the Services, including featuresthat prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Services and/or the Content contained therein.
§ Disparage, tarnish, or otherwiseharm, in our opinion, us and/or the Services.
§ Use any information obtained fromthe Services in order to harass, abuse, or harm another person.
§ Make improper use of our supportservices or submit false reports of abuse or misconduct.
§ Use the Services in a mannerinconsistent with any applicable laws or regulations.
§ Engage in unauthorised framing ofor linking to the Services.
§ Upload or transmit (or attempt toupload or to transmit) viruses, Trojan horses, or other material, includingexcessive use of capital letters and spamming (continuous posting of repetitivetext), that interferes with any party’s uninterrupted use and enjoyment of theServices or modifies, impairs, disrupts, alters, or interferes with the use,features, functions, operation, or maintenance of the Services.
§ Engage in any automated useof the system, such as using scripts to send comments or messages, or using anydata mining, robots, or similar data gathering and extraction tools.
§ Delete the copyright or otherproprietary rights notice from any Content.
§ Attempt to impersonate another useror person or use the username of another user.
§ Upload or transmit (or attempt toupload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation,clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as 'spyware' or 'passivecollection mechanisms' or 'pcms').
§ Interfere with, disrupt, or createan undue burden on the Services or the networks or services connected to theServices.
§ Harass, annoy, intimidate, orthreaten any of our employees or agents engaged in providing any portion of theServices to you.
§ Attempt to bypass any measures ofthe Services designed to prevent or restrict access to the Services, or anyportion of the Services.
§ Copy or adapt the Services'software, including but not limited to Flash, PHP, HTML, JavaScript, or othercode.
§ Except as permitted by applicablelaw, decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Services.
§ Except as may be the result ofstandard search engine or Internet browser usage, use, launch, develop, ordistribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Services, oruse or launch any unauthorised script or other software.
§ Use a buying agent or purchasingagent to make purchases on the Services.
§ Make any unauthorised use of theServices, including collecting usernames and/or email addresses of users byelectronic or other means for the purpose of sending unsolicited email, orcreating user accounts by automated means or under false pretences.
§ Use the Services as part of anyeffort to compete with us or otherwise use the Services and/or the Content forany revenue-generating endeavour or commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality, and may provide youwith the opportunity to create, submit, post, display, transmit, perform,publish, distribute, or broadcast content and materials to us or on theServices, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or othermaterial (collectively, 'Contributions'). Contributions may be viewable byother users of the Services and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:
§ The creation, distribution,transmission, public display, or performance, and the accessing, downloading,or copying of your Contributions do not and will not infringe the proprietaryrights, including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.
§ You are the creator and owner of orhave the necessary licences, rights, consents, releases, and permissions to useand to authorise us, the Services, and other users of the Services to use yourContributions in any manner contemplated by the Services and these Legal Terms.
§ You have the written consent,release, and/or permission of each and every identifiable individual person inyour Contributions to use the name or likeness of each and every suchidentifiable individual person to enable inclusion and use of yourContributions in any manner contemplated by the Services and these Legal Terms.
§ Your Contributions are not false,inaccurate, or misleading.
§ Your Contributions are notunsolicited or unauthorised advertising, promotional materials, pyramid schemes,chain letters, spam, mass mailings, or other forms of solicitation.
§ Your Contributions are not obscene,lewd, lascivious, filthy, violent, harassing, libellous, slanderous, orotherwise objectionable (as determined by us).
§ Your Contributions do not ridicule,mock, disparage, intimidate, or abuse anyone.
§ Your Contributions are not used toharass or threaten (in the legal sense of those terms) any other person and topromote violence against a specific person or class of people.
§ Your Contributions do not violateany applicable law, regulation, or rule.
§ Your Contributions do not violatethe privacy or publicity rights of any third party.
§ Your Contributions do not violateany applicable law concerning child pornography, or otherwise intended to protectthe health or well-being of minors.
§ Your Contributions do notinclude any offensive comments that are connected to race, national origin,gender, sexual preference, or physical handicap.
§ Your Contributions do not otherwiseviolate, or link to material that violates, any provision of these Legal Terms,or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these LegalTerms and may result in, among other things, termination or suspension of yourrights to use the Services.
10. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services or makingContributions accessible to the Services by linking your account from theServices to any of your social networking accounts, you automatically grant,and you represent and warrant that you have the right to grant, to us anunrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,royalty-free, fully-paid, worldwide right, and licence to host, use, copy,reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,cache, publicly perform, publicly display, reformat, translate, transmit,excerpt (in whole or in part), and distribute such Contributions (including,without limitation, your image and voice) for any purpose, commercial,advertising, or otherwise, and to prepare derivative works of, or incorporateinto other works, such Contributions, and grant and authorise sublicences ofthe foregoing. The use and distribution may occur in any media formats andthrough any media channels.
This licence will apply to any form, media, or technology now known orhereafter developed, and includes our use of your name, company name, andfranchise name, as applicable, and any of the trademarks, service marks, tradenames, logos, and personal and commercial images you provide. You waive allmoral rights in your Contributions, and you warrant that moral rights have nototherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are not liablefor any statements or representations in your Contributions provided by you inany area on the Services. You are solely responsible for your Contributions tothe Services and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding yourContributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, orotherwise change any Contributions; (2) to re-categorise any Contributions toplace them in more appropriate locations on the Services; and (3) to pre-screenor delete any Contributions at any time and for any reason, without notice. Wehave no obligation to monitor your Contributions.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account withonline accounts you have with third-party service providers (each such account,a 'Third-Party Account') by either: (1) providing your Third-Party Accountlogin information through the Services; or (2) allowing us to access yourThird-Party Account, as is permitted under the applicable terms and conditionsthat govern your use of each Third-Party Account. You represent and warrantthat you are entitled to disclose your Third-Party Account login information tous and/or grant us access to your Third-Party Account, without breach by you ofany of the terms and conditions that govern your use of the applicable Third-PartyAccount, and without obligating us to pay any fees or making us subject to anyusage limitations imposed by the third-party service provider of theThird-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable)any content that you have provided to and stored in your Third-Party Account(the 'Social Network Content') so that it is available on and through theServices via your account, including without limitation any friend lists and(2) we may submit to and receive from your Third-Party Account additionalinformation to the extent you are notified when you link your account with theThird-Party Account. Depending on the Third-Party Accounts you choose and subjectto the privacy settings that you have set in such Third-Party Accounts,personally identifiable information that you post to your Third-Party Accountsmay be available on and through your account on the Services. Please note thatif a Third-Party Account or associated service becomes unavailable or ouraccess to such Third-Party Account is terminated by the third-party serviceprovider, then Social Network Content may no longer be available on and throughthe Services. You will have the ability to disable the connection between youraccount on the Services and your Third-Party Accounts at any time. PLEASE NOTETHAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITHYOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social NetworkContent for any purpose, including but not limited to, for accuracy, legality,or non-infringement, and we are not responsible for any Social Network Content.You acknowledge and agree that we may access your email address book associatedwith a Third-Party Account and your contacts list stored on your mobile deviceor tablet computer solely for purposes of identifying and informing you ofthose contacts who have also registered to use the Services. You can deactivatethe connection between the Services and your Third-Party Account by contactingus using the contact information below or through your account settings (ifapplicable). We will attempt to delete any information stored on our serversthat was obtained through such Third-Party Account, except the username andprofile picture that become associated with your account.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services forviolations of these Legal Terms; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Legal Terms,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse,restrict access to, limit the availability of, or disable (to the extenttechnologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to removefrom the Services or otherwise disable all files and content that are excessivein size or are in any way burdensome to our systems; and (5) otherwise managethe Services in a manner designed to protect our rights and property and tofacilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to bebound by our Privacy Policy posted on the Services, which is incorporated intothese Legal Terms. Please be advised the Services are hosted in Luxembourg andUnited States. If you access the Services from any other region of the worldwith laws or other requirements governing personal data collection, use, ordisclosure that differ from applicable laws in Luxembourg and United States,then through your continued use of the Services, you are transferring your datato Luxembourg and United States, and you expressly consent to have your datatransferred to and processed in Luxembourg and United States.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that anymaterial available on or through the Services infringes upon any copyright youown or control, please immediately notify us using the contact informationprovided below (a 'Notification'). A copy of your Notification will be sent tothe person who posted or stored the material addressed in the Notification.Please be advised that pursuant to applicable law you may be held liable fordamages if you make material misrepresentations in a Notification. Thus, if youare not sure that material located on or linked to by the Services infringesyour copyright, you should consider first contacting an attorney.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use theServices. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVETHE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENYACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TOANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FORBREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE ORPARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLEDISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf ofthe third party. In addition to terminating or suspending your account, wereserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Servicesat any time or for any reason at our sole discretion without notice. However,we have no obligation to update any information on our Services. We will not beliable to you or any third party for any modification, price change,suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We mayexperience hardware, software, or other problems or need to perform maintenancerelated to the Services, resulting in interruptions, delays, or errors. Wereserve the right to change, revise, update, suspend, discontinue, or otherwisemodify the Services at any time or for any reason without notice to you. Youagree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Services during anydowntime or discontinuance of the Services. Nothing in these Legal Terms willbe construed to obligate us to maintain and support the Services or to supplyany corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Luxembourg,and the use of the United Nations Convention of Contracts for the InternationalSales of Goods is expressly excluded. If your habitual residence is in the EU,and you are a consumer, you additionally possess the protection provided to youby obligatory provisions of the law in your country to residence. MB Financeeand yourself both agree to submit to the non-exclusive jurisdiction of thecourts, which means that you may make a claim to defend your consumerprotection rights in regards to these Legal Terms in Luxembourg, or in the EUcountry in which you reside.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, orclaim related to these Legal Terms (each a 'Dispute' and collectively, the'Disputes') brought by either you or us (individually, a 'Party' andcollectively, the 'Parties'), the Parties agree to first attempt to negotiateany Dispute (except those Disputes expressly provided below) informally for atleast thirty (30) days before initiating arbitration. Such informalnegotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these LegalTerms shall be determined by one arbitrator who will be chosen in accordancewith the Arbitration and Internal Rules of the European Court of Arbitrationbeing part of the European Centre of Arbitration having its seat in Strasbourg,and which are in force at the time the application for arbitration is filed,and of which adoption of this clause constitutes acceptance. The seat ofarbitration shall be Kaunas, Luxembourg. The language of the proceedings shallbe Luxembourg. Applicable rules of substantive law shall be the law of Luxembourg.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute betweenthe Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or toutilise class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf of thegeneral public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, orunauthorised use; and (c) any claim for injunctive relief. If this provision isfound to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to beillegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on theServices at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THATYOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONWITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACYOR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES ORMOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTINGFROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO ORUSE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, ORTHE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRDPARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FORANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENTPOSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISECAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OFDATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TOTHE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVERAND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANYCAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any third party dueto or arising out of: (1) your Contributions; (2) use of the Services; (3)breach of these Legal Terms; (4) any breach of your representations andwarranties set forth in these Legal Terms; (5) your violation of the rights ofa third party, including but not limited to intellectual property rights; or(6) any overt harmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defence and control of any matterfor which you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defence of such claims. We will use reasonable efforts tonotify you of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purposeof managing the performance of the Services, as well as data relating to youruse of the Services. Although we perform regular routine backups of data, youare solely responsible for all data that you transmit or that relates to anyactivity you have undertaken using the Services. You agree that we shall haveno liability to you for any loss or corruption of any such data, and you herebywaive any right of action against us arising from any such loss or corruptionof such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online formsconstitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures, andother communications we provide to you electronically, via email and on theServices, satisfy any legal requirement that such communication be in writing.YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, ANDOTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waiveany rights or requirements under any statutes, regulations, rules, ordinances,or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the grantingof credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact theComplaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on theServices or in respect to the Services constitute the entire agreement andunderstanding between you and us. Our failure to exercise or enforce any rightor provision of these Legal Terms shall not operate as a waiver of such rightor provision. These Legal Terms operate to the fullest extent permissible bylaw. We may assign any or all of our rights and obligations to others at anytime. We shall not be responsible or liable for any loss, damage, delay, orfailure to act caused by any cause beyond our reasonable control. If anyprovision or part of a provision of these Legal Terms is determined to beunlawful, void, or unenforceable, that provision or part of the provision isdeemed severable from these Legal Terms and does not affect the validity andenforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Legal Terms or use of the Services. You agree that these LegalTerms will not be construed against us by virtue of having drafted them. Youhereby waive any and all defences you may have based on the electronic form ofthese Legal Terms and the lack of signing by the parties hereto to executethese Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
Financee
Luxembourg
contact@Financee.io
