Terms of Use

Last Updated: 07/26/2021

Finalytics.ai helps financial institutions infuse a myriad of data channels with real-time behavioral data to better understand and help their customers and provides other digital content, products, services, and materials that may be developed from time to time (collectively, “Content”) for you to view, purchase, or download.

These Terms of Use (these “Terms”) apply to your access to and use of our websites (including, without limitation, https://finalytics.ai and other websites that link to these Terms) (each, a “Website” and collectively, the “Websites”) and any associated features, functionalities, and user interfaces, downloads, applications, and other online services (collectively with the Websites, the “Services”) which are operated and controlled by Finalytics.ai, Inc. and its affiliates (collectively, “Finalytics”, “we”, “us”, or “our”), and any Content available through the Services.

In addition to these Terms, our Privacy Policy and, in some instances, separate guidelines, rules, or terms that are posted on the Services or made available to you apply to your use of the Services or to Content offered via the Services (individually and collectively, “Additional Terms”).

By clicking “I Accept”, or otherwise accessing or using the Services, you acknowledge you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, do not access or use the Services or view or purchase the right to view any Content made available through the Services.

In order to use the Services and access any Content, you need to be 18 years or older (or the age of legal majority where you live), or be 13 years or older and have your parent or legal guardian’s consent.

1. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to the Services and update the “Last Updated” date above. We may also attempt to notify you by other means, including sending an email notification to the email address associated with your Company Account or displaying a prominent notice within the Services, as applicable and as appropriate under the circumstances. Unless we say otherwise in our notice, the amended Terms will be effective immediately upon posting and your continued access to and use of the Services or Content after the changes have been posted will constitute your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services and any Content made available through the Services.

If you have any questions about these Terms or the Services, please contact us at legal@finalytics.ai.

2. Eligibility

You must be at least 13 years of age to access or use the Services or Content. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use the Services or Content under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user of the Services and/or Content (each, a “User”) under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such User in connection with the Services and Content. If you are accessing or using the Services or Content on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

3. Accounts; Profile Pages

3.1. Account Security. In order to access some or all of the Services, you may need to sign-up for a membership with the Services (a “Membership”), or otherwise create an account with the Services, in each case on behalf of a company, organization, entity, or brand (a “Company” and such Membership or account, a “Company Account”), or use your Company credentials (e.g., username and password) from a third-party social media platform. If you register for a Company Account, you agree to provide accurate account information and promptly update this information if it changes (including on your Profile Page). You are solely responsible for all activities that occur under your Company Account, password, and username – whether or not you authorized the activity – and you agree not to sell, transfer, or assign your Company Account or any Company Account rights to any third party. You also agree to maintain the security of your Company Account credentials, and promptly notify us if you discover or suspect that someone has accessed your Company Account or any of your Company Account credentials without your permission.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your Company Account.

3.2. Account Authorization. If you register a Company Account, the terms “you” and “your,” as used throughout these Terms, apply to both you and the Company. If you register a Company Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (and any Additional Terms) and to bind the Company to these Terms (and any Additional Terms).

3.3. Profile Pages. When you register for a Company Account, we may allow you and other Users to create a profile page (a “Profile Page”). You may not include any form of prohibited User-Generated Content, as outlined in Section 7.4, in your Profile Page. Without limiting the foregoing, Profile Pages may not include content that you are attempting to sell through the Services, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions without our prior written consent. We may offer you the ability to set preferences relating to your Profile Page or Service activities, but settings may not become effective immediately or be error free, and options may change from time to time. We assume no responsibility or liability for your or any Users’ Profile Page material.

Profile Pages may only be set up by an authorized representative of the individual or Company that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Services. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual or Company who is the subject of that Profile Page, then we shall have the sole right, but not the obligation, to resolve such dispute as we determine is appropriate in our sole discretion.

4. Communications

When you create a Company Account with us or communicate with us electronically, such as via email or through the Services, you consent to receive electronic communications from Finalytics in accordance with applicable law and any Additional Terms, including text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may include notices about your Company Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

8. Prohibited Conduct

You are solely responsible for your conduct while accessing or using the Services and Service Content. In addition to the limitations in Section 7.4, you will not:

• Use or attempt to use another User’s Company Account without authorization from that User and Finalytics;
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Reverse engineer any aspect of the Services or Service Content or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services or Service Content that you are not authorized to access;
• Copy, download, redistribute, reproduce, “rip”, record, transfer, display to the public, broadcast, or make available to the public any part of the Services or the Service Content, or otherwise make any use of the Services or the Service Content which is not expressly permitted under these Terms, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Service Content, or any part of it;
• Develop or use any third-party applications that interact with the Services or Service Content without our prior written consent, including any scripts designed to scrape or extract data from the Services or Content Services; or
• Bypass or ignore instructions contained in our robots.txt file, or equivalent restrictive technologies that control automated access to portions of the Services or Service Content.