These terms of use (โTerms of Useโ) govern your use of our website located atย finqai.comย (โWebsiteโ) and anyย services we may provide to you (โServicesโ) (collectively the โOnline Servicesโ) provided by FINQ AI (โFINQโ or โweโ โusโ, orย โourโ).
These Terms of Use constitute a legal, binding agreement between you and FINQ. By registering for an account (โAccount"), visiting or logging into your Account, or using our Online Services, as a user (โUserโ), you agree to be bound by these Terms of Use and our Privacy Policy.ย Please take time to review these Terms of Use carefully, including the provisions related to protecting our interests, how we use our technology in connection with the Online Services, and the consents you provide when accessing the Online Services. If you do not agree to these Terms of Use, then do not create, log in to an Account, or access Online Services.
If you are entering into this agreement on behalf of a legal entity, you represent that you have the authority to bind such entity, in which case the terms โyouโ or โyourโ shall refer to that entity.
ACCOUNT REGISTRATION, AND CANCELLATION
To create an Account, you are required to provide us with your name, email address, and passwords, as well as other information we may request when you create the Account or from time to time (โAccount Informationโ). By registering for an Account, you represent and warrant that all information you submit to us is true, accurate, current, and complete, and you will promptly notify us in writing if your information changes. It is your responsibility to keep your Account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.ย You may cancel your Account at any time by sending an email to Hello@finqai.com. The following sections shall survive any termination, discontinuation, or cancellation of your Account: Warranty Disclaimers, Indemnity, Limitations of Liability, and any other provisions which by their nature and context are intended to survive.
ELIGIBILITY; USE OF THE ONLINE SERVICES
Account access to our Online Service is intended for your personal use, and you agree that you will not use it for commercial purposes. To be eligible to engage with the Online Services, you represent and warrant that you (i) are at least 18, or older, or otherwise over the age of majority in the jurisdiction in which you reside, and (ii) you are not currently restricted from the Online Services. We reserve the right to refuse or discontinue access to a Userโs Account or access to our Online Services at any time at our sole discretion.ย
Provided that you are eligible to create an Account, access the Online Services, and subject to the conditions of these Terms of Use, we grant you a limited license to access, view, download or print our content, newsletters, and other information we make available through the Online Services (โContentโ) to which you have properly gained access solely for your own use, provided that you keep all copyright or other proprietary notices intact. Use of the FINQ data is exclusively for personal or research purposes and may not be utilized to build an application intended for use by end users other than you. You may not share your access to FINQ data with other individuals. You may not include FINQ data to train your machine learning or generative artificial intelligence systems, or otherwise provide or display the data to a third-party through technological means relating to an API call or otherwise. You may not upload or republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any database or compilation, and any other use of the Content is strictly prohibited.ย
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
FINQ and its licensors exclusively own all rights, title, and interest in and to the Online Services and Content, including all associated intellectual property rights. You may not copy, duplicate, reproduce (except as stated above), publish, distribute, create derivative works of, modify, adapt, translate, rent, sublicense, assign, loan, sell, transfer, network, display to third parties other than family members or your advisors (not competing with FINQ), transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or Online Services. You may not give copies of the Content or Online Services to anyone. You acknowledge that the Online Services and Content are protected by copyright, trademark, and other laws of the State of Israel, the United States, and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Online Services. FINQ relies on various sources of information that we believe to be accurate and reliable, but FINQ does not warrant the completeness or accuracy of the Content found on our Online Services or its usefulness for any particular purpose.ย
EDUCATIONAL USE ONLY
The Online Services are provided solely for educational purposes and do not constitute financial, investment, legal, or tax advice. They should not be relied upon as a substitute for consultation with qualified professionals or construed as an offer or recommendation to buy or sell securities. FINQ does not obtain all relevant facts about you or your individual needs, and it does not provide personalized investment advice or comprehensive strategies tailored to your circumstances. By engaging with the Online Services, you acknowledge and agree that (i) you are responsible for your own investment research and decisions; (ii) you will not rely on the Content or the Online Services as the primary basis for such decisions; and (iii) the Content does not constitute recommendations regarding the suitability of any particular security, strategy, or course of action. Except as otherwise provided herein, FINQ will not be liable for the investment actions you take. If you want personal advice, then you acknowledge that you should engage a registered investment advisor.ย
THIRD PARTY CONTENT
While using the Online Services, links to external pages provided by third parties may appear in the form of advertisements, banners, web links, and similar content (โThird-Party Contentโ). FINQ provides these links as a convenience, and we are not responsible for the Third-Party Content, products, services, resources, or links displayed on our Online Service. If, or when, you link to Third-Party Content, you will be subject to the third partyโs terms and conditions and policies. You acknowledge and agree that you are solely liable for the risks associated with your access to the Third-Party Content or resources.ย
COOKIES, LOCATION, AND SECURITY
Cookies. FINQ uses various software and technologies, which are based on, among other things, cookies, tags, pixels (collectively the โCookiesโ) for the day-to-day running of our Online Services,ย to verify your User Content and other information, to collect and process various metrics about you and your preferences, to provide service and product suggestions (including targeted advertising) based on how you interact with our Online Services (e.g., running diagnostics and tests on the Online Services and third-party applications).
You can revise or change the settings of your device or computer at any time to completely or partially block the use of various Cookies and other authorizations requested by the Online Services and other digital Online Services that you use.ย If you revise or change the settings, some or all of the Online Services may not work properly (for example, auto-detect, preferred uses, or language may not be retained). Changing the settings of your device is your sole responsibility. You may erase your information from being used for Google Analytics and other third-party services, in accordance with theirย terms, and you may redefine and control any advertising directed to you from Facebook, through your user settings on their websites. You can learn more about cookies in the Privacy Policy.
Security.ย You agree to keep your Account username, Account name, or password confidential and secure. You agree to accept responsibility for all activities that occur under your username, Account, or password, and to notify us immediately if the confidentiality of your username, Account, or password is compromised. We will not be liable for any loss that you may incur as a result of someone else using your Account or password. To protect the security of the Online Service and your Account, we may terminate or suspend your Account, change your username or password, request additional information, or take other reasonable actions.
CONSENT TO RECEIVE COMMUNICATIONSย
User Contact. You expressly consent to be contacted by FINQ, its affiliates, or authorized agents for any purpose, at a telephone number or mailing or electronic address you provide to us. You agree that FINQ, its affiliates, or agents can contact you in any manner, including using pre-recorded or artificial voice technologies or an automatic telephone dialing system. You also consent to receive push notifications related to important updates,ย to receive product or service offers, and targeted offers. We may encrypt communications that we send to you. You may disable or block the notification service by toggling the operating system settings on your device. You agree that all consents provided in this Section will survive cancellation of our Online Services. You likewise agree that we may (i) use artificial intelligence services to summarize your interactions with us and (ii) store your communications with us. You can revoke your consent by contacting us atย hello@finqai.com
PROHIBITED USE POLICY
You agree to comply with all applicable laws and regulations in connection with your use of the Online Services. To maintain the quality and integrity of our Online Services, you agree not to:
use the Online Service or the Content for any purpose that is unlawful or prohibited by these Terms of Use, including, but not limited to, downloading unfamiliar software or Internet files to your computer.
bypass or circumvent measures we may use to prevent, interfere, or limit access to the Online Service or FINQโs business operations.ย
use the Online Service to send altered, deceptive, or false source-identifying information;ย
use the Online Service to intercept, collect, or store personal information about other users.
spam other users or take other actions that may affect the operation or enjoyment of the Online Services by other users.
access, monitor, or copy any content or information on the Online Service using any robot, spider, scraper, or other automated means, or any manual process.ย
decompile, disassemble, or reverse engineer any of the software or content used in any part of the Online Services.ย
engage in activities (e.g., Emule) that can result in you sending a virus.
use any malicious programs or techniques in connection with the Online Services.ย
infringe the copyrights or intellectual property rights of others.
Although we are not obligated to monitor access to or use of the Online Services, we have the right to do so to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We may terminate your access to and use of the Online Services and Content, for any reason or no reason, in our sole discretion, at any time and without prior notice to you. We have the right to investigate violations of these Terms of Use or conduct that affects the Online Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Terms of Use Subject to Change
We reserve the right to change these Terms of Use by posting a revised agreement at any time without notice. If you do not agree with these changes, please stop accessing the Online Services and Content.ย
WARRANTY DISCLAIMER
ALL PRODUCTS, ONLINE SERVICES, AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. FINQ SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE ONLINE SERVICES, AND IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS, AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE ONLINE SERVICES. FINQ DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT AND ONLINE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOU CHOOSE TO USE THE ONLINE SERVICES, OR RELY ON THE INFORMATION PRESENTED ON IT, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ANY USE OF THE ONLINE SERVICES IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER FINQ NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR ONLINE SERVICES, CAUSED BY (I) THE USE OF OR INABILITY TO USE THE ONLINE SERVICES, CONTENT OR ANY PRODUCTS OR ONLINE SERVICES PROVIDED HEREIN, ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF FINQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (II) ACCESSING THIRD PARTY CONTENT, OR (III) PERFORMANCE OR NON-PERFORMANCE OF THIRD PARTY PRODUCTS AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF FINQ AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
INDEMNIFICATION
You agree to indemnify, defend, and hold FINQ, our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any liability, loss, claim and expense, including attorneyโs fees, made by a third party due to or arising out of your (i) violation of these Terms of Use, (ii) use of the Online Services, (iii) any breach of your representations or warranties set forth in these Terms of Use; or (4) violation of the rights of a third party, including, but not limited to, intellectual property rights. Notwithstanding the foregoing, FINQ reserves the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting FINQโs defense of such matter. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification, upon becoming aware of it.
DISPUTE RESOLUTION
Choice of Law. These Terms of Use and any dispute relating in any way to Userโs use of the Content or the Online Services are governed by the laws of the United States of America and the applicable laws of the State of Delaware, without regard to conflict of law principles.
Arbitration Agreement. EACH PARTY AGREES THAT ALL CLAIMS OR DISPUTES RELATED TO THE AGREEMENT, OUR RELATIONSHIP, OR OUR CONTENT OR ONLINE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, INCLUDING QUESTIONS ABOUT ARBITRABILITY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK COURT INJUNCTIVE RELIEF FOR LEGAL VIOLATIONS OR INTELLECTUAL PROPERTY ISSUES.
For all disputes, you must first send a written description of your claim to FINQ at hello@finqai.com. We will negotiate in good faith for 60 days. If unresolved after 60 days, you may pursue arbitration. I
Either Party may initiate arbitration by sending a letter requesting arbitration and describing the claim to hello@finqai.com. The American Arbitration Association (โAAAโ) will handle all disputes under its Commercial Arbitration Rules, available at www.adr.org. Each Party bears its own costs, though the arbitrator may award fees and costs to the prevailing party.ย
The arbitrator has exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve disputes about interpreting, applying, enforcing, or forming this Agreement, including claims that parts of it are void. The arbitration will decide our rights and liabilities. Proceedings will not be consolidated with other matters or joined with other cases or parties. The arbitrator may grant dispositive motions and award monetary damages and non-monetary remedies available to individuals under applicable law. The arbitrator will issue a written award with essential findings and conclusions, including damage calculations.
CLASS ACTION WAIVER. WE BOTH AGREE THAT PROCEEDINGS WILL BE CONDUCTED ONLY INDIVIDUALLY, NOT AS CLASS OR REPRESENTATIVE ACTIONS. IF A COURT DETERMINES THIS WAIVER IS UNENFORCEABLE FOR YOU, IT WILL BE VOID AS TO YOU.
JURY TRIAL WAIVER. FOR ANY CLAIM NOT SUBJECT TO ARBITRATION THAT MUST BE RESOLVED BY A COURT, WE BOTH WAIVE ALL RIGHTS TO A JURY TRIAL.
WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
ASSIGNMENT
You may not assign these Terms of Use (by operation of law or otherwise) or any of your rights or obligations without the prior written consent of FINQ. Any prohibited assignment will be null and void. FINQ may assign these Terms of Use or any rights without notice. Upon our transfer or assignment of these Terms of Use, FINQ shall be released from all liability with respect to the Terms of Service.
FORCE MAJEURE
Neither party shall be liable for any default or delay in the performance of its obligations hereunderย if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.
CONTACT US
If you have any questions, concerns, comments, or complaints regarding Your Services, Your bill, or this Agreement, please contact us at: hello@finqai.com.