Terms and Conditions

Terms and Conditions

Last updated: July 13, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named FINEXFOLIO.

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Applicable Laws means the laws and regulations of the United Arab Emirates.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: United Arab Emirates

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FINEXWARE Technologies Ltd, a company having License No. CL5397, registered under the Dubai International Financial Centre, Government of Dubai, United Arab Emirates.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service refers to the Application and the Website.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website means the website of the Company, having link http://finexware.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions, and by accessing and/or using the Service, You agree to be bound by these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions or if You do not understand these Terms and Conditions herein in its entirety, then You are strictly prohibited from using the Service and you must discontinue the use and/or access of the Service immediately. If You are using our Service on behalf of a business or legal entity, you may only do so if you have authority to agree to these Terms and Conditions on behalf of that business or legal entity. We will not be liable for any consequences arising from any unauthorized access and/or use.

You represent that you are over the age of 18. The Company does not permit those under 18 to access and/or use the Service.

We reserve the right to revise the Terms and Conditions at any time by amending this page and the terms hereof. The revised Terms shall be posted on the Application and/or the Website and any supplemental terms or documents posted on the Application and/or the Website from time-to-time shall be deemed to be expressly incorporated herein by reference. We will alert You about any changes by updating the “Last updated” date and You waive any right to receive specific notice of each such change. You agree to check this page from time to time to take notice of any changes We make and undertake that they are binding on You. You acknowledge and agree that some of these provisions may be superseded by provisions or notices published elsewhere on our Application or Website. All changes are effective as soon as We post them and by continuing to access and/or use the Service, You agree to be bound by the revised Terms and Conditions. Your use of the Site is subject to the most current version of the Terms posted on the Application and/or Website at the time of such access and/or use.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it, in accordance with the terms provided herein.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Tax will be added to the fees as deemed required by Us in accordance with the Applicable Laws. You agree to pay all charges or fees at the prices then in effect and You authorize Us to charge your chosen payment provider for any such amounts.

 

You expressly consent to our charging your payment method on a recurring basis without requiring Your prior approval for each recurring charge, until You notify Us of Your cancellation in accordance with these Terms and Conditions.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice, and if You fail to do so, We reserve the right to terminate Your account and further Services in addition to exercising any other rights or remedies We may have against You for claiming such payment.

You must notify Us about any billing problems or discrepancies within 7 (seven) days after charges first appear on the account statement. If it is not brought to Our attention within the stipulated duration, You agree to waive your right to dispute such problems or discrepancies and the payment made shall be considered final. Any requests for billing problems or discrepancies will be answered by Us in accordance with the Terms and Conditions and our decision in this regard shall be final.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any request made for accessing or using the Service in our sole discretion.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your waiver to the right to terminate the Subscription and shall constitute Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At anytime and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply and Your acceptance to participate in any Promotions shall be in your sole discretion without any influence from the Company.

User 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 Social Media Service.

You agree not to disclose Your password to any third party and keep it strictly confidential. You understand and agree that you will be solely responsible for all use of Your account and password. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar orobscene. We reserve the right to remove, reclaim, or change a username You select if We determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

By providing Your email address / phone number to Us, You expressly consent to:

  1. Our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

  2. Our using the phone number or email address provided by You, to contact You from time to time, in order to provide You updates and advice relating to Your usage of Our Services and relating to any new promotions and sales opportunities.

  3. Our using on your email address, home address, phone number and other ancillary information for further memberships or subscriptions or other services.

  4. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If You do not want to receive such email messages, You may opt out by sending us an email. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

  5. Grant us such permission to contact you through telephone, SMS, e-mail and hold Us (including but not limited to our Subsidiaries and Affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.



Intellectual Property

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website and Application, excluding the content provided by You or other users (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are exclusively owned by Us or licensed to Us. Any use of this Service, its Contents or Marks, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use without our permission is strictly prohibited. Except as expressly provided in these Terms, no part of our Service, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited, in any way including ‘mirroring’ to any other computer, server, website, or other medium for publication or distribution or any commercial purpose whatsoever, without our prior written consent. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

By accepting the use of these Terms and Conditions, you agree that we do no transfer/assign the title to the Service to You, and nothing in these Terms and Conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to You by Us, and we retain the full and complete right, title and interest to the Service, Content, Marks, and all intellectual property, title and interest to the Service, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Service in any manner which is contrary to these Terms and Conditions.

Any unauthorised usage of our Service, Contents, or Marks, without our written authorization shall be considered a breach of these Terms and Conditions, and you shall indemnify us for all liability incurred in this regard.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company 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 the Company 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 the 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.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service and cancel the Subscription from your Account.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms, and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by Applicable Laws, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but notlimited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under Applicable Laws, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors ordefects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; (iv) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein; (iv) that the Service, its servers, the content, or e-mails sent from oron behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; or (v) non-fulfilment of Your expectations regarding the quality of the Service.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Application or Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate.

The Content, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of qualified professionals with any questions or concerns You may have regarding Your needs. You agree that You will not under any circumstances disregard any professional advice or delay in seeking such advice in reliance on any Content provided on or through the Service. Reliance on any such Content is solely at your own risk.

Data Collection, Sharing, and Usage

Data Collection:

By using the Service, You acknowledge and agree that We may collect and process certain data and information about You. This may include personal information, as well as non-personal data such as device information, usage statistics, and cookies. The collection and processing of data are subject to the Our Privacy Policy.

We may collect data directly from you when you provide it voluntarily, or automatically through the use of cookies, analytics tools, or other similar technologies. The purpose of data collection is to provide the Services and to enhance and personalize your experience with the Service, improve its functionality, and provide You with relevant services and content.

 

Data Sharing with Service Providers:

We may share your data with third-party service providers, subcontractors, or business partners ("Service Providers") to assist in the operation of the Application and Website and provide you with Services. These Service Providers may include, but are not limited to, hosting providers, payment processors, customer support services, and analytics providers.

We will ensure that any Service Providers with whom it shares your data are bound by appropriate confidentiality and data protection obligations. However, We cannot guarantee the actions or practices of such Service Providers and shall not be liable for any damages or losses arising from their use of your data.

 

Other Data Usage:

The data collected by Us may be used for the following purposes:

  1. To provide and improve the functionality of the Services.

  2. To personalize Your experience, including the display of targeted content and advertisements.

  3. To communicate with You, respond to Your inquiries, and provide customer support.

  4. To analyse usage patterns, perform data analytics, and generate aggregated or anonymized reports.

  5. To comply with applicable laws, regulations, or legal processes.

  6. To protect the rights, property, or safety of the Company, its users, or the public.

We may also use Your data for any other purpose disclosed to You at the time of collection or with Your consent.

 

Data Security:

We take reasonable measures to protect Your data from unauthorized access, loss, or alteration. However, no method of transmission over the internet or electronic storage is 100% secure, and We cannot guarantee the absolute security of your data.

You are responsible for maintaining the confidentiality of any login credentials or account information associated with the Service. You should not share such information with others and promptly notify the Company of any unauthorized use or security breach.

 

Consent and Control:

By using the Service, You consent to the collection, processing, sharing, and usage of your data as described in these Terms and Conditions and the Privacy Policy.

You have the right to control and manage your data. Depending on Applicable Laws and regulations, You may have the right to access, rectify, delete, or restrict the processing of your data. You can exercise these rights by contacting the Company as outlined in the Privacy Policy.

You understand that certain features of the Services may require the collection and processing of specific data, and withholding consent or exercising certain rights may limit or prevent the use of those features or Services.

By using the Service, you acknowledge that you have read, understood, and agreed to the data collection, sharing, and usage practices outlined in this clause and the accompanying Privacy Policy.

 

Governing Law

The laws of the Country, shall govern this Terms and Your use of the Service. Your use of the Application and/or Website may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service it shall be firstly attempted to be resolved informally with the intent to reach out amicable settlement. Such negotiations commence upon written notice from one Party to the other Party.

In case the Parties are unable to resolve the dispute within thirty (30) days, the Parties hereby agree that any such dispute shall then be submitted to the exclusive jurisdiction of the Dubai Courts, not including the DIFC Courts.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from anymandatory provisions of the law of the country in which you are resident in.

United States Federal GovernmentEnd Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item"as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrantthat (i) You are not located in a country that is subject to the United States government embargo, or that has beendesignated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will bechanged and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Laws and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a Party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach nor constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree tothe new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If youhave any questions about these Terms and Conditions, You can contact us: