Terms of Service

These Terms & Conditions regulate the Use of all Websites and all Services by Clifton Cunningham (trading as Fintune). The Services include Fintune (a team management and financial planning platform) and other Services.

These Terms & Conditions will be applied fully and affect Your Use of any Service or any Website (such as www.fintune.app). By Using any Service or any Website, You agree to the Terms & Conditions written here. You must not use any Service or any Website if You Disagree with these Terms & Conditions.

Use of Website or Service is only permitted to persons aged 13 or above. Persons under the age of 13 may only use Service with the consent of a legal guardian, which must be sent to the Company immediately after the Customer's registration. By registering and using Service, you confirm that you meet this age requirement.

Definitions

Whenever found in the Terms & Conditions and in the Privacy Policy:

"Terms" means this document named Terms & Conditions;
"Fintune" is a web-based team management and financial planning Service. It is distributed in various Service levels, as agreed between Fintune and Customer. User can use Fintune to manage teams, allocate resources, and plan budgets.
"User" represents an "end user" of Service or any Websites of Fintune (such as www.fintune.app).
"Customer" represents an entity (or natural person acting on behalf of an entity) that enters a contractual relationship with Fintune. For example, but not limited to, a company that Uses Fintune to manage their teams and budgets is a "Customer". Entity (or natural person acting on behalf of an entity) that Uses the Free service level is also considered a Customer.
"Agreement" or "Contract" is a contract between Fintune and Customer to Use Fintune or other Services of Fintune.
"Service" is a specific product or application provided by Fintune, such as the Fintune platform.
"Service level" refers to a specific level of functionality or support provided by Fintune to a Customer, such as Free service level (for example Fintune Free).
"Website" is any website of Fintune, including (but not limited to) www.fintune.app.
"You", "Your", "Yourself" and similar, whenever found in the Terms or the Privacy Policy, shall refer to the Customer or User.
"Customer Content" shall mean any audio, video, text, images or other material Customer chooses to display in Service or in own digital product using Service.
"We", "Our", "Ourself" and similar, whenever found in the Terms or the Privacy Policy, shall refer to Fintune.
"Company" refers to Fintune, contact email: [email protected].
"Use", "Using", "Usage" and similar represent any interaction or interactions between the Customer or User (alternatively, hardware or software devices controlled by the Customer or User) on one side and the Website or Service on the another, as well as an integration of the Customer's website or service and the Service or Website or a similar way of utilizing the Service or the Website.

Usage Rules

Usage of Services and Websites is limited by following rules. Failure to comply with the rules or participation in activities that go against or are otherwise forbidden by the Terms may potentially make You liable to disciplinary action and legal prosecution. The Customer is obliged to provide the Users Using the Service on Customer's website with information about these Terms regulating the Use of the Service.

Service Levels

Free Service Levels

Free service levels (for example Fintune Free) are provided free of charge to Customers. The characteristics and limitations of Free service levels (especially, but not limited to, usage limits or supported product features) are subject to change.

Paid Service Levels

Paid service levels (for example Fintune Scale Up) are the paid versions of Service, providing advanced features and qualities compared to Free service level. The features and qualities of Paid service levels can be improved anytime without prior notification. Fintune will not willingly reduce or discontinue the features and qualities for any Customer during the period they are prepaid for.

All the prices presented are subject to adjustments or can be temporarily substituted by special prices (promotions).

Fintune may provide the Customer with a trial version including the features of the paid service free of charge. This is a solely voluntary option up to the discretion of Fintune. In case this trial version is provided, the articles regulating the Free service levels apply, where appropriate (for example the process of entering the Contract and terminating the Contract).

Agreement

A binding Agreement (also referred as "contract") is initiated between Customer and Fintune at the time Customer orders a service.

For paid service levels, the Agreement becomes binding once the payment of the full amount of the price is successfully completed.
For free service levels, the Agreement becomes binding once the Customer registers an account in the Service.

The Agreement for Paid service level is automatically renewed unless cancellation was requested before it expires:

We may adjust the prices of Paid service levels from time to time. In case of such price change, We will notify You at least 30 days before the renewal.
In case You would overuse the Service limitations, we may adjust your Service level to an appropriate level. If this results in a price change, We will notify You at least 30 days before the renewal.

For paid service levels, Fintune can cancel the Agreement in case Customer breaches the Terms. In such cases, Customer does not have any right to a refund.

For free service levels, Fintune can cancel the Agreement without prior notice.

Fintune reserves the right to cease providing the Service as a whole at its own business discretion, in which case the Customers are entitled to receive a refund of their prepaid amount related to the part or duration of the Service not provided yet; the Customers are not entitled to any further compensation.

Cancellation and Refund Policy

This section outlines our policies regarding subscription cancellations, refunds, and related procedures. We aim to provide clear and fair terms that protect both our customers and our business.

Subscription Cancellation

How to Cancel: You may cancel your subscription at any time through your account settings at Organisation Billing Settings or by contacting us at [email protected].
Effective Date: Cancellations take effect at the end of your current billing period. You will retain access to all paid features until that date.
No Partial Period Charges: We do not charge for partial billing periods. Once cancelled, your subscription will not auto-renew.

Refund Policy

30-Day Money-Back Guarantee: If you cancel within 30 days of your initial payment or subscription renewal, we will provide a full refund of your last payment.
Beyond 30 Days: Cancellations requested after 30 days are scheduled for the end of your prepaid period, with no refund for the remaining time.
Service Discontinuation: If we discontinue the Service entirely, you will receive a prorated refund for any unused prepaid period.

Refund Process

Refunds will be processed as follows:

Processing Time: Eligible refunds will be processed within 5-10 business days of approval.
Refund Method: Refunds will be issued to the original payment method used for the transaction.
Written Request: Refund requests must be submitted in writing to [email protected] from the email address associated with your account.

Exceptions and Limitations

Terms Violations: No refunds will be provided if your account is terminated due to violation of these Terms of Service.
Free Service Levels: No refunds apply to free service levels as no payment was made.
Fraudulent Activity: We reserve the right to refuse refunds in cases of suspected fraud, refund abuse, or other manipulative behavior.
Data Recovery: We are not responsible for data loss after account cancellation. Please ensure you have backed up any important data before cancelling.

Trial Periods and Promotional Offers

Special terms may apply to trial periods and promotional pricing:

Trial Cancellation: You may cancel during any trial period without charge. If not cancelled before the trial ends, you will be charged for the next billing period.
Promotional Pricing: Promotional rates are subject to the same refund policy as standard pricing.
One-Time Offers: Some promotional offers may have specific cancellation terms that will be clearly communicated at the time of purchase.

Privacy

Based on context, Fintune acts as a Data Controller and Data Processor. In these cases, our Privacy Policy applies; the Privacy Policy constitutes a part of these Terms.

Customer Content and Content Ownership

Customer will not display or make otherwise available any content which the Customer does not own, without explicit consent of the lawful owner of the content. Each party will protect and maintain the confidential and proprietary information of the other party.

Customer will not upload to the Service any personal information of physical persons without an explicit consent of the subject. Customer will not upload to the Service any personal information of minors under the age of 13.

Identity

You will not impersonate any person or entity, living or not, nor misrepresent Your affiliation to any person or entity.

Reverse Engineering

Customers are not permitted to make any attempt to reverse engineer, decompile, disassemble, or reverse engineer our Service, including its software, APIs, databases, algorithms, or any other related content, for any purpose, including but not limited to:

market research;
content marketing;
improving or enhancing your own or 3rd party product or service;
creating competing products or services.

You are not permitted to use any automated tools, such as scrapers, bots or crawlers, to obtain data, access features of the Service or otherwise engage in any activity that could interfere with the operation of the Service or obtain information in an unauthorized manner.

Violations of the above rules may result in immediate suspension of access, account termination, and legal action, including seeking damages.

Restrictions

You are specifically restricted from all of the following:

using the Website or Service by User under the age of 13;
uploading any personal information of a physical person to the Service or the Website under the age of 13;
uploading any personal information of a physical person to the Service or the Website without their explicit consent;
publishing any material from Website or Service in any other media;
selling, sublicensing and/or otherwise commercializing any material from Website or Service;
publicly performing and/or showing any material from Website or Service;
using a single user account by multiple users; sharing the login credentials with any other physical person;
using Website or Service in any way that is or may be damaging to Website or Service;
using Website or Service in any way that impacts access to Website or Service (e.g. massive data uploads, generating requests or API calls beyond standard usage);
using Website or Service contrary to applicable laws and regulations, or in any way may cause harm to the Website or Service, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Website or Service;
using Website to engage in any advertising or marketing;
using automated scripts, robots or other tools to manipulate Website or Service without our explicit written consent;
using Service's API in a way that contravenes the standard purpose or compromises the integrity of Website or Service;
using other than authorized applications or SDKs to access API;
overusing the Service level limitations (such as exceeding usage quotas permitted by a given Paid service level or Free service level). In such cases, Fintune is entitled to adjust the Customer's service level to the appropriate Service level, including its price adjustment. Additional limitations, such as Service being temporarily restricted, can be implemented at the sole discretion of Fintune.

Certain areas of Website or Service are restricted from being accessible by You and Fintune may further restrict access to any areas of Website, at any time, at its discretion.

All login credentials (such as login and password, Single Sign-on keys, and Two-factor Authentication mechanisms) used to access the Service are linked to a specific physical person and must be kept confidential by both Parties.

Failure to adhere to these Restrictions may result in the cancellation of the Agreement and/or deletion of Customer Content, at the discretion of Fintune.

Intellectual Property Rights

Other than the content owned by Customers or Users, under these Terms, Fintune and/or its licensors own all the intellectual property rights to the materials contained in Websites or Services; You are granted a non-exclusive, worldwide, non-sublicensable license to use these materials to fulfil the Contract (mainly Use of the Website and Service) and these Terms; the scope of the materials licensed and the duration of the license are limited to the duration of the Contract or Use of the Website and Service.

Warranties

Each Service will be provided by qualified personnel and will conform to its requirements, specifications and documentation. Otherwise, the Websites are provided "as is", with all faults, and Fintune expresses no representations or warranties of any kind related to the Websites or the materials contained on the Websites. Fintune provides no guarantee of protection against data loss and the Customer is encouraged to secure proper data backup prior to uploading the Customer Content to the Service or Website.

The Customer is warned of the technical hazards inherent in the Internet and, consequently, of the interruptions in access to the Service that may result. In addition, access to the Service may occasionally be suspended due to scheduled or unscheduled maintenance work necessary for the Service to function properly and/or improve its performance.

The Service is provided "as is" with all known and unknown faults. Fintune is responsible that reasonable efforts, consistent with the industry standards, are made to maintain the Service and provide support to Customer. In the case of failure to do so, Customer has the right to cancel the Agreement and receive a refund of the last prepaid period.

Nothing contained on the Website or the Service shall be interpreted as advising You. The Customer is solely responsible for all decisions taken based on information directly or indirectly provided by the Service or Website.

Non-Disclosure Agreement

By signing these Terms, the Customer enters into this non-disclosure agreement (referred as "NDA").

The Company and the Customer undertake to keep confidential all information they provide to each other in connection with the Service. Confidential information means any non-public, commercial or technical information that is marked as confidential or whose confidential nature is implied by its nature.

The NDA does not apply to information publicly available, known to the receiving party prior to its disclosure, obtained from a third party authorized to disclose it.

The NDA shall remain in force from the date of signature and thereafter for at least 3 years from the date the mutual cooperation is terminated.

Final Provisions

Promotional Purposes

You grant Us the right to use Your name, trade names, brands and logos ("Marks") in marketing materials, on the Website, in the Service and presentations. We may refer to you as Our customer and use the Marks in case studies, always respecting your brand and reputation.

Limitation of Liability

Other than for a breach of a party's indemnification obligation or a breach of the other party's intellectual property rights or confidential information, in no event shall either Party, Fintune, nor any of its officers, directors and employees, be held liable under this Agreement, including for any indirect, consequential or special liability.

The Company cannot be held liable in the event of:

destruction, accidental or otherwise, of Customer data by the Customer or third party having accessed the Service using valid login credentials;
disruption or slowdown of the network and/or internet connection;
failure due to the Customer and/or any of the Customer's agents (including any and all Users).

Indemnification

Each party indemnifies the other party to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to breach of any of the provisions of these Terms.

Severability

If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect its intent. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

Variation of Terms

Fintune is permitted to revise these Terms and the Privacy Policy at any time as it sees fit. You are expected to review these Terms and Privacy Policy on a regular basis.

You agree with the updated Terms and/or with the updated Privacy Policy by renewing a Paid service level, or by using a Free service level in the next calendar month following the change.

Assignment

Fintune is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, You are not allowed to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Fintune and You in relation to Your use of Website and/or Service, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Netherlands, and both parties submit to the exclusive jurisdiction of the state and courts located in the Netherlands for the resolution of any disputes.

Contact Information

If you have questions about these Terms of Service, please contact us at:

Fintune
Email: [email protected]