These terms of use (“Terms of Use”) govern your use of our website located at www.finqai.com (“Website”) and our mobile applications (“Apps”) and our Online Services (“Online Services”) (collectively the “Online Services”) provided by Finq AI (“Finq” or “we”“us”, or “our”).
Agreement
These Terms of Use constitute a legal, binding agreement between you and FINQ. You are required to subscribe to our Online Services to access and view our content, newsletters, recommendations, portfolio weightings, performance figures and other information we make available to you through the Website or other means (“Content”). When you access the Online Services as a user (“User”), you agree to be bound by these Terms of Use and our Privacy Policy https://finqai.com/privacy Please take time to review them carefully, including the provisions related to protecting our interests, how we use our technology in connection with the Online Services, the consents you provide when accessing the website, and information about registering and filling out forms on the website to receive information and Content, including marketing content. If you do not agree to these Terms of Use, then do not subscribe to or use the Online Services.
When subscribing to our Online Services, you will be required to provide us with your name, email address, and credit card information, as well as other information we may request either at time of your subscription or from time to time (“User Content”). You agree to pay the subscription fee of $X per month. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR THE INITIAL MONTH CHARGE AND FUTURE MONTH CHARGES EQUAL TO $x PER MONTH AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL. You may cancel at any time. Cancellation will take effect as of the first day of the next billing period. You will not receive a refund for notifying FINQ of cancellation during any month for which you have already paid a subscription fee.
User Content
You are solely responsible for all the User Content you provide. You certify that all User Content you provide is accurate. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms of Use. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Online Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You also agree to maintain and update your User Content as necessary so that it remains accurate and current. In the event that any User Content you provide is inaccurate or not up to date, FINQ reserves the right to cancel your subscription. We reserve the right to refuse or discontinue supplying an Online Service to any User at any time at our sole discretion.
Use of Technology
Access to our Website, our App, and our Online Services is intended for unprofessional individuals who are 18 and older. Any access or use of our website by anyone under 18 and professional is unauthorized and in violation of these Terms of Use. FINQ uses various software and technologies, which are based on, among other things, cookies, tags, pixels (collectively the “Cookies”) for the day-to-day running of our Online Services, 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).
When a location-based service is enabled on your device, FINQ may use information about your location that is received from GPS signals, nearby wi-fi access points and cellular antennas, whether the app is active or not. You can disable location-based services through your device's operating system. Once such service has been disabled, FINQ will no longer receive information regarding your location.
As discussed in our Privacy Policy https://finqai.com/privacy , 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. 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 their terms, and you may redefine and control any advertising directed to you from Facebook, through your user settings on their websites.
Use of Content on the Site
FINQ does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use this information. Subject to the foregoing, 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 below), 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.
Educational Use Only
FINQ does not attempt to obtain all the relevant facts about you and your individual needs, and FINQ does not and cannot claim or represent that any particular Online Services are suitable for you. Accordingly, you agree that any information provided through the Online Service does not constitute a recommendation that a particular security, strategy, or action is suitable for you. If you want personal advice, then you acknowledge that you should seek a registered investment advisor.
You acknowledge and agree that the content on the Online Services is solely for general, informational purposes. You further acknowledge and agree that the content on the Online Services is provided for educational purposes only and is not intended to provide legal, tax, investment advice or financial planning advice. No Content may not be construed as an offer or recommendation to buy or sell securities. In using the Online Services, you acknowledge and agree that you are responsible for your own investment research and decisions, that you will not rely on the Online Services as the primary basis for your investment decisions, and, except as otherwise provided herein, FINQ will not be liable for any actions you take based on information you receive.
Third-Parties
Third-Party Content.
FINQ does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. FINQ relies on various sources of information that we believe to be accurate and reliable. However, under no circumstances will FINQ, its employees, or its agents, be liable for direct, indirect, incidental, consequential, punitive, or any other type of damages resulting from your use, purchase, or downloading of any material on our Website, or arising from or related to these Terms of Use or the Privacy Policy https://finqai.com/privacy
Third-Party Links.
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 (“Third-Party Content”). FINQ provides these links as a convenience, and we are not responsible for the Third-Party Content, products or Online Services or resources or links displayed on our website. If, or when, you link to other websites or Online Services, you will be subject to the third-party’s 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.
Sharing with Third Parties. We may share statistical and aggregate information, that is not personal and is not personally identifiable, to third parties to improve, enhance or streamline the Online Services and accompanying or related Online Services. The information we share may change and you can learn more in our Privacy Policy https://finqai.com/privacy .
Consents to Contact You and Consent to Use Features of Online Services
User Contact. You expressly consent to be contacted by FINQ, and its affiliates or authorized agents for any purpose, at a telephone number or mailing or electronic address you provide. You also consent to receive push notifications related to important updates, account activity or transactions, to receive products 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 FINQ, its affiliates, or agents can contact you in any manner, including pre-recorded artificial voice or automatic telephone dialing system. You agree that all consents provided in this Section will survive cancellation of our Online Services. We may also store your communications with us. You can revoke your consent by contacting us at hello@finqai.com
Camera and Photo Gallery. You agree that you must consent to use your camera to upload documents to our Online Services as required by us or requested by you. In addition, you understand and acknowledge that express consent is required if you choose to select files from your devices, pictures, or photos, from the photo gallery on your devices to upload to our Online Services.
Permissible and Impermissible Use of the Online Services
The internet provides infinite and diverse information and services but also entails enormous risks. Therefore, it is important to maintain basic rules for safe surfing and ensure your personal equipment and devices accessing the Online Services are kept updated. For these reasons you agree to:
use antivirus software on your computer, and routinely update it.
use anti-spyware software for detecting spyware on your computer, and update routinely.
use the Personal Firewall software on your personal computer.
use new browser versions, Internet Explorer 8, Mozilla Firefox 3.5, Safari 3.2, Opera 9.5, Google Chrome, and any more advanced version of these browsers.
update the operating system, browser and other off-the-shelf software with information security fixes as issued from time to time.
create and use a username and password at login.
continually change your default username and password on your wireless router and consider securing your wireless router with wireless encryption protocol (e.g., WPA).
change the setting so that temporary files be automatically deleted when the browser is closed.
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 FINQ’s business operations.
use the Online Service to send altered, deceptive, or false source-identifying information;
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.
decompile, disassemble, or reverse engineer any of the software or content used in any part of the Online Services.
engage in activities (e.g., Emule) that can result in you sending a virus or use any malicious programs or techniques in connection with the Site.
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 for the purpose of operating the Online Services to ensure compliance with these Terms of Use; and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. 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.
Security. Some parts of the Online Services may require a username, account name or password. If you use these features, you agree to keep this information 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 before we authorize transactions on your account, or take other reasonable actions.
Access to the Online Services
We may terminate your access to and use of the Online Services, for any reason or no reason, in our sole discretion, at any time and without prior notice to you. You may also cancel your Account at any time by sending e-mail to Hello@finqai.com. Upon any termination, discontinuation, or cancellation of Online Services or your Account, the following provisions will survive, Warranty Disclaimers, Indemnity, Limitations of Liability, and any other provisions which by their sense and context are intended to survive.
Warranty Disclaimers
All products, Online Services, and content on the website 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 are free of computer viruses or similar contamination or destructive features. If you choose to use the Platform, 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 ARE 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 THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR ONLINE SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF FINQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 and Hold Harmless
You agree to indemnify, defend, and hold FINQ harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms of Use or use of the Online Services. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you. FINQ reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting FINQ’s defense of such matter.
Arbitration
Any dispute out of or relating to these Terms of Use or relating in any way to User’s use of the Website or the Online Services, shall be referred to arbitration by either you or FINQ and shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association as the exclusive method of dispute resolution. The arbitration shall take place via virtual hearings. The arbitration award shall be final, binding upon the parties, not subject to any appeal. Judgment upon the award rendered may be entered by any court having jurisdiction, and application may be made to such court for judicial recognition of the award or an order of enforcement thereof, as the case may be.
Choice of Law
These Terms of Use and any dispute relating in any way to User’s use of the Website 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.
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 in these Terms of Use is determined to be wholly or partially invalid, illegal, or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Assignment
You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of FINQ, and any prohibited assignment will be null and void. FINQ may assign these Terms of Use or any rights hereunder without your consent.
Terms of Use Subject to Change
We reserve the right to change these Terms of Use by posting a revised agreement. If you do not agree with these changes, you must stop using the Online Services. The information on the Online Services is subject to change without notice.