14 July 2017

Terms of Service

Last Updated: June 17th, 2017

Please read these Terms carefully before using the Finly.io website or the Finly mobile app (the "Service") operated by Jouska Tech Pvt. Ltd. a limited company registered in India (hereafter referred to as “Finly”, "us", "we", “the Company’ or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all businesses, visitors, users and others who access or use the Service. This page details the agreement and explains the terms of that agreement. Upon accepting these Terms and using our Services you become a user (“User”). These Terms are separate to the “Prepaid Card Agreement”. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Definitions

"Content" means text, graphics, photos, music, software, audio, video, information or other materials.

"Corporate Member" means a Member that is a company or other legal entity, rather than an individual.

"Finly Content" means Content that Finly makes available through the Site or Finly Service, including any Content licensed to Finly from a third party, but excluding Member Content.

"Member" means a person or entity who completes Finly's account registration process, as described under "Account Registration" below.

"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Finly Service, including, without limitation, comments to the Finly blog.

"Site Content" means Finly Content and Member Content.

License granted by Finly

Subject to your compliance with these Terms of Service, Finly grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Finly reserves all rights in the Application not expressly granted to you by these Terms of Service.


Intellectual Property

Finly Service: Finly shall own and retain all right, title, and interest in and to the Finly Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Finly Service or otherwise use the Finly Service in any way that violates the use restrictions contained in these Terms of Service. Finly does not grant to Member any license, express or implied, to the intellectual property of Finly or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Finly Service is considered the confidential and proprietary information of Finly (collectively "Finly Confidential Information").

Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to Finly in connection with its use of the Finly Service and (b) reports and other materials generated by the Finly Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to Finly a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the Finly Service solely for purposes of (x) maintaining and improving the Finly Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the Finly Service compiled by Finly solely for marketing purposes or distribution to third party research firms.

Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an expense report to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any expense reports) for personal recordkeeping purposes.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Finly. Finly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Finly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Eligibility

By accessing or using the Finly Service you represent and warrant to Finly that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the Finly Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Finly Service and take full responsibility for the selection and use of and access to the Finly Service. These Terms of Service are void where prohibited by law, and the right to access the Finly Service is revoked in such jurisdictions.

General Prohibitions:

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Finly Service, or any individual element within the Finly Service, Finly’s name, any Finly’s logo or other proprietary information, or the layout and design of any page or form contained on a page, without Finly’s express written consent;
  • Access, tamper with, or use non-public areas of the Finly Service, Finly's computer systems, or the technical delivery systems of Finly's providers;
  • Attempt to probe, scan, or test the vulnerability of any Finly system or network or breach any security or authentication measures;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Finly Service or staff member of Finly.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Finly or any of Finly's providers or any other third party (including another user) to protect the Finly Service or Site Content;
  • Attempt to access or search the Finly Service or Site Content or download Site Content from the Finly Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Finly or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Finly Service to the mobile numbers of people you do not know);
  • Use or disclose any Finly Confidential Information, except as otherwise explicitly set forth herein.
  • Use any meta tags or other hidden text or metadata utilizing a Finly logo URL or product name without Finly's express written consent;
  • Use the Finly Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Finly Service or Site Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Finly Service or Site Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Finly Service;
  • Collect or store any personally identifiable information from the Finly Service from other users of the Finly Service without their express written permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual or entity to do any of the foregoing.

Finly will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Finly may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Finly has no obligation to monitor your access to or use of the Finly Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Finly Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service by writing to contact@Finly.io.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Indemnity

You agree to defend, indemnify, and hold Finly, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Finly Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.

Limitation of Liability

In no event shall Finly, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of money, profits, data, use, goodwill, or other tangible or intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) Finly’s failure to enforce the user spending limits defined by the administrator; (v) fraud, breach of spend policies or other unauthorized use of the Service or Prepaid Cards by any person internally from your organization; (vi) unauthorized access, use or alteration of your transmissions or content and (vii) deletion of, corruption of, or failure to store any content or other data used in or maintained by the Services and you are advised to maintain your own records and copies of data and content.

Free Trial

Finly may, at its sole discretion, offer a Subscription with a free trial for a limited service or for a limited period of time ("Free Trial"). At any time and without notice, Finly reserves the right to (i) change the services offered in the Free Trial offer, or (ii) cancel such Free Trial offer.

Governing Law & Dispute Resolution

Except as otherwise agreed by the parties or as described in the Arbitration section above, User agrees that any claim or dispute he may have against Jouska Tech Pvt Ltd. must be resolved by a court located in Bangalore, India. You agree to submit to the personal jurisdiction of the courts located within Bangalore, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Contact Us

If you have any questions about these Terms, please contact us at contact@finly.io.