Terms of Use


Welcome to FinArt. These terms of use govern the use of the software application “FinArt” for mobile devices (“App”) created by FRIENTEER SOFTWARE PVT. LTD, hereinafter called “Company”.

The following Terms of Use (“Terms”) will constitute a legally binding agreement between you & Company when you view or use the Service via our website located at http://www.finartapp.in/ or by accessing the service through the application (“FinArt”) on your mobile device. Please review the following terms carefully. By accessing or using the Application, you signify your agreement to these Terms of Use. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to these Terms of Use, you may not access or use the Application. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.


DESCRIPTION OF THE SERVICE
The use of this Application, allows you to manage your personal monetary transactions including but not limited to expenses, transfers and bills. Application automatically tracks, organizes and presents the information in various formats & helps you to better manage your budget.


USE OF THE SERVICE
You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or will utilize the Service only with legal parental or guardian consent and you are capable of entering & adhering to the Terms, and agree to abide by and comply with these Terms. To Access the service, you will only need to install the application on your Mobile device. There is no registration, login ID or password required to access the current version of the App. This is done to protect your privacy & maintain anonymity. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your mobile device.


RESTRICTIONS
You hereby agree that you will not under any circumstances:

  1. Enter any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  2. Use the service for any unlawful purpose or for the promotion of illegal activities;
  3. Attempt to harass, abuse or harm another person or group;
  4. Interfere or attempt to interfere with the proper functioning of the Service;
  5. Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  6. Take any action that would cause Company to suffer any type of loss.
    Bypass any robot exclusion headers or other measures Company may take to restrict access to the Service or use of any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  7. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (located at http://www.finartapp.in/Privacy.html) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

 

BILLING & FREE TRIAL PERIODS
By subscribing for the Service, you are expressly agreeing that the Company is authorized to charge you subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Service through the credit card or other payment method accepted by the Company ("Payment Method") that you provided during subscription. If you want to use a different Payment Method than the one you provided for during subscription, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these Terms. You also understand and acknowledge that If Company facilitates the third party payment gateway for processing of payment, you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

You may be offered a various kind of free trial periods at the start of your membership of Service, solely at the discretion of the Company. The duration and the terms of the free trial periods shall be at the discretion of the Company and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing may automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends. Once billing commences, we will continue to bill your Payment Method for your membership fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. Free-for-life subscription to selected users who sign up for the beta version of the App would be at the sole discretion of the Company. Company reserves the right to select the users to whom this offer would be provided and also to terminate this offer at any point of time.

 

LINKS TO OTHER APPS, SITES AND/ OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) and/or Mobile Applications as well as content or items belonging to or originating from third parties. These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the App or any Third Party Applications, Software or Content posted on, available through or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Applications and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or application to which you navigate from the applications or relating to any applications you use or install from the site or application.


INTELLECTUAL PROPERTY
You acknowledge and agree that Company and its licensors retain sole ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.


NOTICES
Communications made through e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.  

 

ELECTRONIC COMMUNICATIONS - CONSENT
If you provide your email address on the website or subscribe to the Newsletter, you automatically consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agreed that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. We may also use your email address, to send you other messages, including information about the Company and special offers. By Installing the App, you also consent to receive “notifications” from the App which may or may not be possible to adjust or turn-off depending on the nature of the notification or version of the App.


DISCLAIMER AS TO GUARANTY OR WARRANTY
The service is provided on ‘AS IS BASIS’, without warranty of any kind. Without limiting the foregoing, the Company expressly disclaim all warranties, whether express/implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service.


DAMAGES
In no event, shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to clients for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of any content; (b) use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


SUSPENSION OR TERMINATION OF ACCOUNT
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Service (including the Content and the devices through which the Service are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Service, although if you are a Services paid subscriber and the Company suspends or discontinues the Service, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if the Company terminates your account or suspends or discontinues your access to the Service due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration. The above will also apply to all subscribers enjoying free trial period or free-for-life subscriptions.


GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, and that portion of the Agreement is construed as consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce other provisions. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action will be permanently barred. These Terms of Use and your use of the application are governed by the laws of India, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ‘Force Majeure Event’ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.



YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.