Terms of Use
Hi! Thank you for reading and reviewing this long legal document. We know it’s tedious but it’s very important you understand the terms behind your use of our Free Software. The Terms of Use Agreement (“Agreement,” as further defined below). You must agree to this Agreement if you’re going to use the Fynlo website or any of the FYNLO services we offer here at the FYNLO website or through our mobile applications. Our lawyers wrote the Agreement and it can be difficult to understand at times, but it’s necessary for us. Please remember that the Agreement itself is legally binding. Thanks for joining the FYNLO community!
Welcome to the FYNLO website, an online service designed and offered by FYNLO Inc. for our customers. This Agreement explains our obligations as a service provider and your obligations as a User of FYNLO or our Services, as those terms are defined below. If you are under the age of 13, you may not use this Site. Capitalized or italicized terms used throughout this Agreement will have the meanings specified herein, including the defined terms contained in the “Definitions” section below.
IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY.
This Agreement includes a binding mutual arbitration provision (“Arbitration Provision”) in Section O, which requires that disputes be resolved through individual arbitration.
By using FYNLO, creating, or accessing your FYNLO account, including by signing in with a third-party service or partner (such as Google), or by otherwise using the Services we offer, you are agreeing to be bound by the Agreement without any modification or qualification.
IF YOU ARE DISSATISFIED WITH THE AGREEMENT, OUR RULES, POLICIES, GUIDELINES OR PRACTICES, OR OUR OPERATION OF THE FYNLO WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FYNLO WEBSITE AND/OR OUR SERVICES, UNLESS ANOTHER REMEDY IS EXPRESSLY SET OUT IN THIS AGREEMENT.
If for any reason you are unable to meet all the conditions set forth in this Agreement or if you breach this Agreement, your permission to access or use our Services, any materials downloaded or printed by you, and FYNLO immediately lapses.
We offer a number of additional services (collectively, the “Additional Services” each with their own separate rules (“Specific Additional Service Terms”) in addition to this Agreement. You can find those Additional Service Terms on our Legal Disclosures page. When you use an Additional Service, you will also be subject to the Specific Additional Service Terms. Note that if this Agreement is inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control.
In addition to the terms defined elsewhere in this Agreement, the terms below will have the following meanings as used throughout this Agreement.
“Additional User(s)” means Persons, other than a Business Owner’s employees, such as independent contractors or agents of the Business Owner, who are authorized to access certain parts of FYNLO on behalf of the Business Owner.
“Agreement” refers to this Terms of Use Agreement, any applicable Specific Additional Service Terms, and any posted rules, policies, or guidelines applicable to FYNLO or the Services, all of which are incorporated by reference.
“Authorized User(s)” means a Business Owner’s employees and Additional Users who are authorized to access FYNLO and use the Services on behalf of the applicable Business Owner.
“Business Owner” means any Person who maintains an account with us through which that Person or its Authorized Users access FYNLO or use the Services.
“Cardholder Data” means a payment card holder’s primary account number, and where a full unmasked payment card number is present, any of the payment card holder’s name, expiration date, and/or service code.
“Law(s)” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement, or rule of law of any federal, state, local, provincial, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.
“Person” means an individual (including a sole proprietor), corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.
“Service” and “Services” mean our online financial services and other small business–related services, our Support, and any Additional Services we offer through FYNLO from time to time.
“Site” means this website (www.fynloapps.com), all related webpages, and all related websites operated by applicable subsidiaries of FYNLO, Inc., but does not include any third-party websites which are linked to or may link from the Site whether or not such third-party websites are used in connection with the Services.
“Support” means any technical support and assistance we provide to Users.
“User(s)” means any Business Owner, Authorized User, or other Person who visits, accesses, or uses FYNLO or the Services.
“FYNLO” means the Site and all mobile applications or any other software or applications that are associated with the Site or Services.
“FYNLO Parties” means FYNLO Inc., their respective direct and indirect parents, subsidiaries, affiliates, partners, service providers, suppliers, and contractors as well as the predecessors, successors, assigns, officers, directors, agents, or employees.
“You” and “your” means any Person who visits the Site or uses FYNLO or the Services, whether such Person is a Business Owner, Authorized User, or other User.
IN SIMPLE TERMS
We define important words with capital letters, so if you see the first letter of a word capitalized, it’s defined in Section A of these Terms of Use.
B. General
1. License Grant
FYNLO grants you a non-exclusive, non-transferable limited license to use FYNLO, the Services, and related resources for your business in accordance with this Agreement. You agree not to infringe on our intellectual property rights or the intellectual property rights of any third parties with whom we have business relationships, and you will comply with the terms of any applicable license agreements.
2. Additional Users
If you authorize users (“Additional Users”)to access and use certain parts of FYNLO on your behalf, they will have access to your account information and may have the ability to perform various tasks depending on the access level. If you administer your FYNLO account on behalf of a busines s, you represent and warrant that you have the right to provide access to your Additional Users.
3. Changes to FYNLO
We may, without notice or liability, add, discontinue, or revise any aspect, mode or design of FYNLO or the Services, such as the scope of the Services, time of service, or to the software/hardware required for access to FYNLO or the Services. We may also limit the geographic locations or jurisdictions where certain Services may be available.
4. Limited Remedies
Should there be a failure or error, omission, defect, deficiency, delay causing downtime, or inability to access FYNLO or the Services for any length of time, including as a result of the permanent termination of Service, you acknowledge and agree that, to the fullest extent permitted by applicable Law and except as otherwise expressly set out in this Agreement, your only remedy for any error, omission, defect, deficiency, delay or other failure of FYNLO or the Services whatsoever is to discontinue using FYNLO and the Services.
5. Information You Provide
You assume sole responsibility for, and you will ensure that any information, data, documents, or materials used, disclosed, entered into, uploaded to or created using FYNLO or in connection with the Services is accurate, reliable and complete and does not violate our guidelines. We accept no responsibility for the accuracy of any information, data, documents, or materials, entered into or created using FYNLO or the Services except as otherwise set out herein. The input, posting or uploading of any information to FYNLO and the storage of any information, data, documents or materials in FYNLO by us does not constitute our endorsement or warranty as to the compliance of such information or materials with applicable Law, or to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
6. Consent to Monitoring
You authorize us, our service providers and their vendors and subcontractors to monitor your account and your use of FYNLO and the Services.
7. Compliance with Privacy & Data Security Laws
You represent and warrant that you have obtained all required consents and you comply with all applicable Laws, including, without limitation, all privacy Laws, in connection with any use and disclosure of information relating to your use of FYNLO and the Services.
While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in our Privacy Policy. For example, you are responsible for obtaining any necessary consents needed to allow us to transfer any personal information uploaded to FYNLO or used in connection with the Services to the United States or Fynlo.
FYNLO may ask that you assist with any requests by Persons, whose information you’ve disclosed to us, to access or update their information, and you agree to do so.
C. Conditions of Usage
1. Intended Purpose
FYNLO and the Services are for use by businesses and not for personal, family, or household purposes. You acknowledge and agree to use FYNLO and the Services only for the purposes for which they were intended and only in accordance with this Agreement.
2. Registration
By creating or accessing a FYNLO account, including by signing in with a third-party service or partner (such as Google), you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of FYNLO or the Services. You agree that you are not opening an account or using our Services on behalf of another individual or third party.
You also will select a username and password. You are responsible for keeping your username, password, account details, and all information required in connection with your use of FYNLO or Services confidential and up to date.
You and your Authorized Users are responsible for maintaining the confidentiality and security of usernames, passwords, and other access credentials that allow the use of FYNLO and access to the Services. You understand and agree that you are liable for unauthorized use of your account.
Some of our Additional Services require you to provide your physical business address (the location where your business operates) to comply with customer identification regulations. Please be aware that P.O. boxes are not accepted and may lead to the suspension of your account.
3. Authorization
If you are registering for a FYNLO account on behalf of a business, but you are not the business owner, then you represent and warrant that you have been authorized and directed by your business’s principals to open the account, that you have shared all usernames, passwords and access credentials with other Authorized Users in your business, and that you have provided us with the business contact information of at least one other individual associated with the business. If you leave the business and your business’s principal contacts us, then we may be required to provide access to the FYNLO account. You agree to hold harmless and release the FYNLO Parties from any liability if we do so.
4. Unauthorized Activity
You are entirely responsible for any activities that occur under your FYNLO account. You agree to notify us immediately of any unauthorized access to or use of your account. You understand and agree that you are liable for unauthorized use of your FYNLO account. You agree to hold harmless and release the FYNLO Parties from any loss or liability whatsoever that you may incur as a result of someone other than you, using your username, password or account, either with or without your knowledge. You agree to indemnify the FYNLO Parties for any damages, third-party claims, or liabilities whatsoever that the FYNLO Parties may incur as a result of activities that occur on or through your FYNLO account, whether or not you were directly or personally responsible.
5. HIPAA Disclaimer
If you intend to use the Service, any Additional Services, or content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that FYNLO makes no representations or warranties of any kind with respect to compliance with the Health Insurance Portability and Accountability Act (“HIPAA”), that none of the Service or Additional Services provided by FYNLO under this Agreement are HIPAA-ready or HIPAA-compliant, that the Service or Additional Services provided by FYNLO under this Agreement will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Service, Additional Services, and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.
FYNLO does not provide professional accounting services or financial advice. Unless expressly stated to the contrary, FYNLO does not pre-qualify, review, or endorse anyone and we provide no representation or warranty as to anyone’s background, reputation, character, qualifications, skills, insurance, work product, services, advice, recommendations or quality. If you use a third party for assistance, you acknowledge that you are doing so at your own risk and hereby agree to release and hold the FYNLO Parties harmless from any loss or liability you incur arising from your use of the third party.
F. Copyrights, Trademarks and Intellectual Property.
FYNLO and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities, and software that make up FYNLO and the Services. The technical procedures, processes, concepts, and methods of operation that are inherent within FYNLO constitute are proprietary and confidential to FYNLO. The usage of FYNLO or our Services does not constitute a sale or transfer of any intellectual property rights to any Users. Without any prejudice to the foregoing, your data, information, and other content you provide to us or input using FYNLO and the Services remains exclusively yours. Any Business Owner information or data entered using FYNLO or otherwise provided for accessing FYNLO on behalf of a Business Owner remains the property of the Business Owner. You hereby grant to FYNLO, which FYNLO hereby accepts, a worldwide, perpetual, royalty free, nonexclusive right and license to use all data, information and content provided in connection with your use of FYNLO and the Services for any uses that are reasonably related to the delivery of FYNLO or the Services.
Materials on and relating to FYNLO, including the content of FYNLO and any software downloaded from FYNLO, are protected by copyright, trademark, and other intellectual property Laws. FYNLO reserves all rights in and to such materials. You will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer, or copy the Services or any of the materials or software or any part of FYNLO or any content therefrom without FYNLO’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to FYNLO.
Not withstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a User of the Services. Your use of screenshots is subject to the following:
No screenshot may be used from any beta version of FYNLO unless it has been commercially released to the public;
The use is for illustrative purposes;
The use may not imply any endorsement by or affiliation with FYNLO;
The screenshot does not contain any commentary which may appear to have been attributable to us;
The screenshot does not contain any third-party content; and
The use does not violate this Agreement.
FYNLO has rights to several trademarks which it uses in connection with the operation of FYNLO or the Services. FYNLO does not grant any Users any right or license to use the FYNLO trademarks or any logo, trade name or other intellectual property other than as expressly set out in this Agreement or in another license between you and us.
G. Prohibited Use.
You may only access the information stored using FYNLO or the Services for lawful purposes. You may not use FYNLO, the Services, or any such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to civil liability, criminal liability, or both.
You shall not publish, post, upload, distribute, provide, or enter any material or information that is illegal, unlawful or could reasonably be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or that any reasonable individual would consider objectionable on grounds of good conscience.
No User may use any means to restrict or prevent another User from accessing or enjoying FYNLO.
You are not permitted to upload information or other content to FYNLO that you reasonably ought to know infringes on the intellectual property rights of others, or that places unnecessary load so as to affect the performances of FYNLO, the Services or our systems and equipment. You may not use FYNLO and the Services in a manner which could block access to, impair, damage, or otherwise disable FYNLO or any of our servers or other equipment. You may not attempt to gain unauthorized access to FYNLO or to any other Business Owner’s accounts, computer systems or networks through any means such as password mining, keystroke logging or hacking. You shall not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable Laws.
You may not lease, sell, pledge, sublicense, assign or otherwise deal with FYNLO or the software belonging to FYNLO in a manner that is inconsistent with our intellectual property rights in and to FYNLO and the software.
You may not promote any commercial interest, falsify, or delete any information on FYNLO, collect personal information without express authority to do so, violate any applicable Laws, create a false identity, or utilize FYNLO under false pretenses.
You are not permitted to open an account or use our Services on behalf of a third party.
H. Privacy and Security
1. Privacy
Your privacy is very important to us. By accepting this Agreement, you confirm that you have read, understood, and accepted our Privacy Policy.
2. FYNLO’s Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you discover a security-related issue, you agree to inform us of the issue immediately by contacting the FYNLO Security Team at [email protected]. You also agree not to disclose the issue until FYNLO has addressed it, unless otherwise required by applicable Law.
3. Security Breach
Subject to your obligations of confidentiality or a duty to restrict dissemination of proprietary information arising from third party relationships or as otherwise imposed by Law, you will promptly notify FYNLO upon learning of any suspected or actual security breach, unauthorized disclosure, compromise of privacy involving Cardholder Data or the actual loss or theft of any such personal information.
4. Cardholder Data
We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. FYNLO has developed strict security features to protect Cardholder Data, and as such, it is required that this data only be used in anticipated ways and stored in appropriate places.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN FYNLO, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e., where FYNLO explicitly requests such data be entered into such fields).
Appropriate fields are clearly marked with labels such as ‘card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store Cardholder Data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields in FYNLO. You assume all responsibility for any Cardholder Data entered into FYNLO in violation of this Agreement.
We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. FYNLO has developed strict security features to protect Cardholder Data, and as such, it is required that this data only be used in anticipated ways and stored in appropriate places.
5. Ownership and Disclosure of Information.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Services and FYNLO. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
For the purposes of fraud prevention and law enforcement;
To comply with any legal, governmental or regulatory requirement;
To our lawyers in connection with any legal proceedings; and
To comply with a court order.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances (where allowed by Law) and if appropriate the right to challenge any such request. FYNLO’s Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.
6. Authorization to Export Data
You acknowledge that we may export your information since we outsource certain information processing to third-party service providers who are resident in the United States. Therefore, your information may be available to the United States government or its agencies under a lawful order made in the United States. Additionally, some of our employees may have access to your information outside of the US. We do not share personal information except as provided in our Privacy Policy.
I. Limitation of Liabilities and Damages
1. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND ALL USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE FYNLO PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, OR COSTS OF ANY NATURE OR KIND (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED IN ANY MANNER WHATSOEVER WITH THIS AGREEMENT OR THE USE, OR INABILITY TO USE, FYNLO OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, (I) THIRD-PARTY SERVICES; (II) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; OR (III) LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS REGARDLESS OF WHETHER ANY SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
2. Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FYNLO PARTIES BE LIABLE TO YOU, ANY USERS, OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, FYNLO OR THE SERVICES, EVEN IF THE FYNLO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT OR OTHERWISE. ACCESS TO, AND USE OF, FYNLO AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
SOME JURISDICTIONS, INCLUDING STATES SUCH AS NEW JERSEY IN THE UNITED STATES, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATION OR EXCLUSION DOES NOT APPLY TO YOU.
OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FYNLO PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING FYNLO OR THE SERVICES. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AND ALL USERS AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR LICENSE AND USE OF FYNLO AND THE SERVICES.
SOME JURISDICTIONS, INCLUDING NEW JERSEY IN THE UNITED STATES, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOU LIVE IN ONE OF THESE JURISDICTIONS, THE ABOVE LIMITATIONS DO NOT APPLY TO YOU AND IN SUCH CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW FROM THE DATE YOU FIRST ACCESSED OR USED FYNLO OR THE SERVICES.
YOU AND THE USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT FYNLO AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AND THE USERS AGREE TO USE FYNLO, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO FYNLO OR THE SERVICES AT YOUR OWN RISK. YOU AND THE USERS AGREE TO DETERMINE THE SUITABILITY OF FYNLO AND SERVICES FOR THE INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING FYNLO AND THE SERVICES.
You agree that the essential purposes of this Agreement may be fulfilled even with these limitations on liabilities. You acknowledge that FYNLO would not be able to offer the Products and Services on an economical basis without these limitations.
J. Termination
1. Your Right to Terminate
You may terminate your account, this Agreement and your use of FYNLO by following the “Close your FYNLO Account” instructions found on your account page. Upon such termination, you must immediately cease using FYNLO. We may at our option immediately block your access to FYNLO. Your termination of the Service will automatically result in the termination of this Agreement. The Arbitration Provision will survive the termination of this Agreement.
2. Our Right to Terminate
FYNLO may terminate your account, this Agreement and your use of FYNLO and the Services at any time and for any reason, with or without notice, if you breach this Agreement or we suspect you of fraud or suspect that your FYNLO account has been compromised in any way.
If you are an entity, FYNLO may also terminate your account, this Agreement and your use of FYNLO, if you:
(i) Become insolvent or admit your inability to pay your debts generally as they become due;
(ii) Become subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law, which is not fully stayed within ten (10) business days or is not dismissed or vacated within thirty (30) days after filing;
(iii) Are dissolved or liquidated or take any corporate action for such purpose;
(iv) Make a general assignment for the benefit of creditors; or
(v) Have a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of your property or business.
3. Termination
If your account is terminated for any reason, you agree:
To continue to be bound by this Agreement, including the Arbitration Provision;
To immediately stop using the Service;
That the license provided under this Agreement will end;
That we reserve the right (but have no obligation other than as described in our Privacy Policy) to delete all of your information and data stored on our servers; and
That FYNLO will not be liable to you or any third party for termination of access to the Service, deletion of your information or data, or export of your information or data.
4. Effect of Termination
We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement. The Arbitration Provision will survive the termination of this Agreement.
K. Electronic Communications
1. Electronic Delivery
By accepting this Agreement, you agree and give consent that FYNLO can provide all communications, agreements, documents, notices, and disclosures (collectively, “Communications”), required by Law and other information related to your FYNLO account electronically, by email sent to the address listed in your account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by Law) by posting them on FYNLO.
Communications include, but are not limited to:
Agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto; Annual disclosures; Transaction receipts or confirmations; Communication in relation to risk-related issues or delinquent accounts (which may also be by phone, and may be made by FYNLO or by anyone on its behalf, including a third party collection agent); Account statements and history; and Federal and state/provincial tax statements.
By accepting this Agreement, you agree and give consent that FYNLO may use your phone number to communicate with you by text message sent to the phone number listed in your account for the purposes of: Sending security codes for multi-factor authentication; Confirming authorized account activity; Protecting the security of your account; Communicating with you regarding a delinquent account; or Other risk-related issues.
You agree to receive these text messages. Message and data rates may apply.
2. Effect of Electronic Communications
Any such electronic Communications have the same meaning and effect as if we had provided you with paper Communications. Communications are considered received by you within twenty-four (24) hours of the time they are emailed to you or posted to our website. You further agree that your electronic signature (e-signature) has the same effect as your manual, physical signature.
By agreeing to this Agreement, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your FYNLO Account at a later date.
3. How to Withdraw Your Consent
At any time, You may withdraw your consent to receive electronic Communications, as outlined in our Privacy Policy, by contacting our Customer Support Team. If you choose to withdraw your consent to receive electronic Communications, FYNLO may deny your registration for an account, restrict, or close your account, or charge you additional fees for paper copies.
4. Requesting Paper Copies of Electronic Communications
You may request a paper copy of any Communication we send you within one hundred and eighty (180) days of the original send date, by contacting us as described above. We will send the paper copy to you by mail. In order for us to send you paper copies, you must have a current street address on file in your account. You understand and agree that FYNLO may charge you an exception fee for each paper copy of a Communication.
5. Updating Your Contact Information
You are responsible for ensuring your contact information is kept up to date, including, without limitation, your primary email address and phone number. You understand and agree that if FYNLO sends you an electronic Communication but you do not receive it because our record of your primary email address is incorrect, blocked by your service provider, or you are otherwise unable to receive electronic Communications, FYNLO will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails or text messages from senders not listed in your contacts, you must add FYNLO as a contact so that you will be able to receive the Communications we send to you.
You can update your contact information at any time by logging into your FYNLO account and entering your up-to-date information. If your primary email address or phone number becomes invalid such that electronic Communications sent to you by FYNLO are returned, FYNLO may close your account, and you will not be able to transact any activity using your account until we receive a valid, functional primary email address from you.
L. Third Party Links, APIs and Content.
When using FYNLO or the Services, you may be directed to websites maintained by other third-party service providers. In addition, some of the functionality of the Services and FYNLO interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google.
The availability of such third-party services (including their APIs) in connection with FYNLO does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third-party services or any of our Services (that are dependent on such third-party services) without providing you with any refund, credit or other compensation. Your only recourse is to terminate your account and cease using FYNLO and the Services.
You acknowledge that such third-party sites and services are completely independent of FYNLO and as we have no control over them, we accept no liability in respect of your use, ability or inability to use any third-party sites or services or the content of such sites or services. You acknowledge that any use of the products and services offered by such third-party services providers (ex. for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that the use of such third-party service providers and their websites and services is, except where prohibited or modified by applicable Law, subject to the terms, conditions and policies established by the third-party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any liability or loss arising out of your use of, or inability to use, the products and services of third-party service providers whether or not such use is ancillary to your use of FYNLO. If you authorize us to do so, we may grant third parties’ access to some or all (depending on the permission you give) of your private data, content and information in your FYNLO account through our own API for use in connection with their services. However, we may at any time in our discretion and without notice to you, discontinue providing our API to such third-party services, without providing you with any refund, credit or other compensation. Your only recourse is to terminate your account, this Agreement and cease using FYNLO and the Services.
M. Miscellaneous
1. Governing Law
This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the Laws of the United States in which you accepted this Agreement, except as otherwise provided in the Arbitration Provision.
2. Entire Agreement
Except as otherwise provided in the Arbitration Provision, this Agreement, including any applicable Specific Additional Service Terms, is the entire and exclusive agreement between parties with respect to FYNLO, and it supersedes all previous communications, representations, or agreements, either oral or written, between you and us.
3. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FYNLO without restriction or consent.
4. Amendment of Agreement
Except as otherwise provided in the Arbitration Provision, we reserve the right to modify or add to this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service with notice that we, in our sole discretion, determine to be reasonable in the circumstances, including but not limited to, notice on our website or any other website maintained or owned by us and identified to you. Any use of the Service after our publication of any such changes constitutes your acceptance of the then-current version of this Agreement. You may not modify or amend this Agreement unless we agree to such modification or amendment in a written instrument signed by a duly authorized representative of FYNLO. For the purposes of this section, a written instrument shall expressly exclude electronic communications such as email and electronic notices.
5. Survival
Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement or that expressly or by its nature extends beyond the termination of the Service shall survive and remain in effect in accordance with its terms upon the termination of this Agreement. The Arbitration Provision will survive the termination of this Agreement.
6. Severability
Except as otherwise provided in the Arbitration Provision, all provisions of this Agreement, notwithstanding the manner in which they have been grouped together or linked, are severable from each other. If any of these terms should be determined to be unenforceable, the remaining terms of this Agreement will survive, remain in full force and effect, and will continue to be binding and enforceable.
7. Cumulative Remedies
Other than as expressly stated herein, any remedies provided in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
8. No Waiver
No delay or omission to exercise any right or remedy accruing upon any breach or default under this Agreement will impair any such right or remedy nor will it be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, and no single or partial exercise thereof will preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default will operate or be construed as a waiver of any subsequent breach or default. A waiver is only effective if made in a writing that is executed by the party granting the waiver.
9. Force Majeure
We will not be liable for any delay or failure in our performance of the Agreement by reason of the occurrence of an unforeseen event beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, power failures, server failures, third-party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
10. Headings and Construction
The headings used in this Agreement are inserted for convenience only and will not affect the interpretation of any provision.
11. Language
You and we expressly acknowledge and agree that this Agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only
12. Legal Status of FYNLO Inc.
The websites www.fynloapps.com and the names Fynlo Inc., a company incorporated under the Delaware Act.
N. Digital Millennium Copyright Act
Some of the content provided on FYNLO from time to time may be contributed by Users. You agree not to infringe upon other peoples’ copyrighted materials.
If you believe your copyright in any work has been infringed and such work is accessible through FYNLO, you may notify FYNLO’s copyright agent pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) for notice of claims of copyright infringement. Contact us by email at [email protected].
Procedure for Counter-Notification: If material that you have posted to FYNLO has been taken down, you may file a counter-notification by contacting FYNLO’s copyright agent. The counter-notification must contain the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; Your name, address and telephone number;
Except as otherwise provided in the Arbitration Provision, a statement that, notwithstanding the choice of Laws and venue otherwise set out herein, you consent for the purposes of this counter-notification and other proceedings under the DMCA to the jurisdiction of the Federal District Court for judicial district in which your address is located.
NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COSTS AND ATTORNEY’S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER’S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c).
We will terminate the FYNLO accounts of Business Owners who are repeat infringers. If you believe another Business Owner is a repeat infringer, please notify our copyright agent, identified above, and provide information to allow our copyright agent to identify the repeat infringer.
O. Arbitration (“Arbitration Provision”)
THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY BEFORE AGREEING TO THESE TERMS. IF YOU ARE A CANADIAN CUSTOMER, PLEASE REFER TO PARAGRAPH 9 BELOW.
1. Generally. You and the Covered Parties (defined below) agree that any and all disputes and claims between you and the Covered Parties will be resolved by binding individual arbitration. All issues are for the arbitrator to decide, except for those issues relating to the arbitrability of disputes and the validity, enforceability, and scope of this arbitration provision, including the interpretation of paragraph 7 below, must be determined by a court and not an arbitrator. For purposes of this Arbitration Provision, references to “you” include your direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them; references to “Covered Parties” include FYNLO, Inc., their respective direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them. This agreement to arbitrate includes, but is not limited to, all claims arising out of or relating to any aspect of services provided by FYNLO, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise prior to, during, or after the termination of any service.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COVERED PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, REPRESENTATIVE, JOINT OR CONSOLIDATED ACTION IN COURT OR IN ARBITRATION.
2. Exceptions. You and the Covered Parties agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit your or the Covered Parties’ right to (i) elect that an individual claim be decided in small claims court as long as it is brought and maintained as an individualized claim, or (ii) bring issues to the attention of federal, state, provincial, or local agencies.
3. Pre-Arbitration Notice of Dispute. A party who intends to seek arbitration must first mail a written Notice of Dispute (“Notice”) to the other party. The Notice to the Covered Parties should be addressed to:
FYNLO Inc.
Attention: Legal Department – Notice of Dispute
1550 Wewatta Street, Ste. 200, Denver, CO, 80202
The Notice must be on an individual basis and provide at least the following information:
(a) The claimant’s name, telephone number, and e-mail address;
(b) The nature or basis of the claim or dispute; and
(c) The specific relief sought.
If the dispute is not resolved within sixty (60) days after the Notice is received, then you or the Covered Parties may file an arbitration. The existence or substance of any settlement discussions shall not be disclosed.
4. Arbitration Rules. Any arbitration between you and the Covered Parties will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), or if the AAA determines that you are not a consumer, the AAA’s Commercial Arbitration Rules, as modified by this Arbitration Provision or any other instructions that the parties may agree upon at the time (collectively, the “AAA Rules”), and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Provision, the parties shall agree to, or the court shall select, another arbitration provider. The arbitrator will be either a retired judge or an attorney specifically licensed to practice law in the state of your residence and selected by the parties from the arbitration provider’s national roster of arbitrators. The arbitrator will be selected using the following procedure:
(1) The arbitrator provider will send the parties a list of five (5) candidates meeting this criteria;
(2) If the parties cannot agree on an arbitrator from the list, each party shall return its list to the arbitration provider within ten (10) days, striking up to two (2) candidates, and ranking the remaining candidates in order of preference;
(3) The arbitration provider shall appoint as arbitrator the candidate with the highest aggregate ranking; and
(4) If for any reason the appointment cannot be made according to this procedure, the arbitration provider will provide the parties a new list of five candidates meeting the above criteria until an appointment can be made.
5. Arbitration Costs. Payment of all filing, administrative, arbitrator, and hearing fees will be governed by the applicable AAA rules. If you inform us that you cannot afford to pay your share of the fees, we will consider advancing those fees on your behalf. In addition, if the AAA concludes that its Consumer Arbitration Rules apply, we will reimburse you for your share of the fees at the conclusion of the arbitration (regardless of who wins) unless (i) you failed to comply with paragraph 3 above or paragraph 7 below, or (ii) either the substance of your claim or the relief you sought was determined to be frivolous or brought for an improper purpose as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of fees will be governed by the AAA Consumer Arbitration Rules and you agree to reimburse the Covered Parties for all fees advanced on your behalf.
6. Hearing. Any arbitration hearings will take place in the county of your billing address.
7. No Class or Representative Claims. All arbitrations will proceed on an individual basis and may not proceed in any manner as a class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstance unless all parties consent in writing.
YOU AND THE COVERED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND IN DOING SO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.
The arbitrator is empowered to resolve the dispute with the same remedies and defenses available in court, but the arbitrator’s rulings or any relief granted must be individualized to you and will not apply to or affect any other person or company. If a court decides that applicable Law precludes enforcement of any of this paragraph’s limitations as to a particular claim or any particular request for a remedy for a claim (such as a request for public injunctive relief), then only that particular claim or only that particular request for a remedy (and only that particular claim or particular request for a remedy) must remain in court and be severed from any arbitration.
8. Other Terms and Information. This Arbitration Provision will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal Laws. Except as set forth above in paragraph 7, if any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision. This Arbitration Provision supersedes any prior arbitration agreement between you and the Covered Parties. No arbitration award or decision will have any preclusive effect as to any issues or claims in any dispute, arbitration, or court proceeding where any party was not a named party in the arbitration, unless and except as required by applicable Law.
9. Arbitration for Canadian Customers. Any claim between you and the Covered Parties (defined below) must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. For purposes of this provision, references to “you” include your direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them; references to “Covered Parties” include FYNLO Inc., its respective direct and indirect parents, subsidiaries, and affiliates as well as the predecessors, successors, assigns, officers, directors, agents or employees of any of them. Notice to arbitrate a claim against the Covered Parties should be addressed to:
FYNLO Inc.
Attention: Legal Department – Notice of Dispute
155 Queens Quay E, Box 3, Toronto, ON M5A 0W4
The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against the Covered Parties, and you agree to opt out of any class proceeding against the Covered Parties.
P. Information Received from Third Party Services
If you elect to have FYNLO access information from a third-party account by providing the access information to such third-party account, our service provider, Plaid Inc. (“Bank Data Provider”), will access such third-party accounts for the purposes of performing the Services. This can include aggregation of bank transaction data as well as account verification. By providing the requisite access information to FYNLO, you grant us and our Bank Data Providers permission and authority to access the relevant third-party accounts, on your behalf or on behalf of the principal account holder, and retrieve the relevant information to make it available as part of the Services and agree to be bound by our Bank Data Provider’s terms of use in addition to this Agreement. You are not permitted to provide FYNLO with any access information for any third-party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder.
We are not obligated to review the information for any purpose, including, but not limited to, its accuracy. You are responsible for ensuring the accuracy, completeness, and timeliness of any information provided to us or any third-party service providers in connection with FYNLO or any of the Services.
Q. Terms for Additional Services
Your use of certain Additional Services is subject to and governed by additional terms of service (i.e., the Specific Additional Service Terms, noted in the recitals at the beginning of this Agreement). If you use any of the Services listed on our Legal Disclosures page the linked Specific Additional Service Terms apply. In the event such additional or specific terms are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control.
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