Terms of Service

Thank you for using Fin’s apps, products and services (“Fin” or the “Service”). By using or accessing Fin, you are agreeing to these terms (“Terms”) and Fin’s Data Policy (which is incorporated by reference).

PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS IN ALL CAPS AND BOLD. IN PARTICULAR, PLEASE READ PARAGRAPHS 11 AND 12, WHICH CONTAIN MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS, AND COLLECTIVELY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND FIN UNDER THE CIRCUMSTANCES DESCRIBED IN THOSE PARAGRAPHS. PLEASE ALSO NOTE THAT YOUR AFFIRMATIVE AGREEMENT TO THESE TERMS EVIDENCES YOUR CONSENT TO CHARGE YOUR PAYMENT METHOD IN THE AMOUNTS DESCRIBED IN PARAGRAPH 5 BELOW.

  1. Using and Misusing Fin. You must be over 18 years of age and a resident of the United States to use Fin. You agree that you will not: do anything to misuse, compromise, disable, overburden, impair, or interfere with the Service in any way; copy, distribute, modify, disassemble, decompile, extract source code from, or reverse engineer any Fin app; or use Fin for telemarketing, or to send spam or similar communications. You represent and warrant you will comply with all applicable laws, rules, and regulation when using Fin, and agree not to use Fin in any way that causes Fin to violate the law, or causes liability of any kind for Fin.

  2. Ownership of Information. You own the Information you share with Fin (“Your Information”). You grant to Fin all of the rights it needs to learn from, use, and share Your Information in accordance with Fin’s Data Policy. Fin owns the Information Fin shares with you (“Fin Information “). You may only use Fin Information for your own personal use. If you use Fin for Teams, you may share Fin Information with your team members for their personal use only. If you submit any feedback, suggestions, or ideas (“Feedback”) to Fin, you agree that Fin has no obligation to compensate you for such and Feedback, and that Fin is free to use such Feedback without any restrictions.

  3. Data Deletion and Account Termination. You agree that Fin may delete any Information, for any reason. You agree that Fin may limit, suspend, or terminate your account for any reason. You may terminate your account at any time by email to cancel@finxpc.com, by fax to (415) 862-0025, by mail to Fin’s address at the bottom of these Terms, or, in the case of the Fin app, by asking Fin directly.

  4. Notifications. You agree to receiving emails, text messages, and phone calls from Fin. You give Fin permission to record the one on one phone calls it has with you.

  5. Payment Terms. The following applies to users of the Fin App: As a precondition for using the Fin app, you consent and agree to Fin charging any credit card, debit card, or other Fin-approved payment method (“Payment Method”) you have provided to Fin or its payment processor: (i) a recurring monthly fee (the “Subscription Fee”) at the beginning of each monthly billing cycle (hereinafter a "Billing Cycle" or "Month"); and (ii) a fee of up to $150 for each task Fin performs on your behalf (the "Per Task Fee"), without any additional authorization, at the end of each Billing Cycle. In exchange for the Subscription Fee, you will receive a monthly credit equal to or greater than the amount of the Subscription Fee (“Monthly Credit”). Your Monthly Credit can only be used during the month you receive it. In the event Fin determines that a Per Task Fee for a task will exceed $150, Fin will send you an email, and will stop working on that task until you authorize Fin to continue working on it. You can also pre-approve Fin to complete all tasks above $150. If you do not provide such authorization or pre-approval, Fin will charge you no more than $150 for work already performed in connection with that task. If you authorize Fin to complete the task, you agree to be charged in an amount that exceeds $150 for such task. After Fin completes a task, and determines the final Per Task Fee, Fin will post the final Per Task Fee on your billing summary. If you have requested that Fin perform a recurring task, a Per Task Fee will be charged each time Fin performs the recurring task. At the end of each Month, Fin will post and/or send a billing statement indicating all of the Per Task Fees incurred during that Month, along with the exact amount to be charged to your Payment Method (the “Billing Amount”). Such Billing Amount will be the sum of all of Per Task Fees incurred during that month, plus applicable taxes, surcharges, and fees, less your Monthly Credit for that month (if any). You agree that Fin may charge the Billing Amount to your Payment Method three (3) days after the end of each Billing Cycle. You also agree to raise any disputes concerning Per Task Fees, Monthly Credits, and Billing Amounts no more than thirty (30) days after being notified of them. All payments must be made in US dollars. If your Payment Method is a credit or debit card, you agree that you will maintain valid and current credit or debit card information with Fin’s payment card processor. If Fin is unable to charge your Payment Method because it is no longer valid, or any amount that Fin has charged is charged back, you agree to provide Fin with an acceptable alternative Payment Method. You acknowledge and agree that Fin does not need to get any future or additional authorizations from you to charge any of the amounts described in this paragraph to your Payment Method, and you authorize Fin to charge you for the payments described in this paragraph until your account is terminated and all amounts owed to Fin have been paid. You further agree that once a Subscription Fee is charged to your Payment Method for any given Billing Cycle, it will not be refunded. You are responsible for any data or text messaging charges you incur when you use Fin on your mobile phone. Any future changes to pricing will be made here and/or on Fin’s Pricing page.

  6. Fin for Teams. The following applies to users of the Fin for Teams product: If you sign up for a team administrator account, you will be able to create a team along with individual accounts for other members of your team (your “Team Member(s)”). As an administrator, you authorize Fin to fulfill any requests made by your Team Members. You also consent to Fin charging your Payment Method the monthly Subscription Fee for and all Per Task Fees incurred by your Team Members. If you are a Team Member, you understand that your administrator will have the right to: access your account as if they were you; see any information you can see; change your password; and terminate your account. Your administrator will also have the right to place limits on how much you may use Fin, and/or on the type of requests you may make.

  7. NO WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, FIN DOES NOT MAKE ANY SPECIFIC PROMISES, WARRANTIES, REPRESENTATIONS, OR GUARANTEES ABOUT THE SERVICE. FOR EXAMPLE, FIN DOES NOT MAKE ANY COMMITMENTS ABOUT THE SAFETY OR SECURITY OF THE SERVICE, OR ABOUT THE SERVICE’S RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. FIN PROVIDES THE SERVICE “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOME JURISDICTIONS MAY NOT ALLOW FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO BE EXCLUDED, IN WHICH CASE THE APPLICABLE DISCLAIMERS IN THIS SECTION WILL NOT APPLY TO YOU. OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, FIN EXCLUDES ALL WARRANTIES. USE FIN AT YOUR OWN RISK.

  8. LIMITED LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, FIN WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR ANY OTHER FINANCIAL OR INTANGIBLE LOSSES, EVEN IF FIN HAS BEEN ADVISED OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FIN FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FIN TO USE THE SERVICE OR $10. IN ALL CASES, FIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, AND WILL NOT BE RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW FOR CERTAIN TYPES OF LIABILITY TO BE LIMITED, IN WHICH CASE THE APPLICABLE LIMITATIONS WILL NOT APPLY TO YOU.

  9. INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FIN AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY CLAIM OR DISPUTE (COLLECTIVELY “DISPUTE”), AND ANY AND ALL JUDGMENTS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FEES AND COSTS) ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY ALLEGED OR ACTUAL BREACH OF THESE TERMS.

  10. Governing Law. The laws of the State of California (excluding California’s conflict of laws rules) and the Federal Arbitration Act (9 U.S.C. §§ 1-16) will apply to any Disputes arising out of or relating to these Terms or the Service.

  11. Arbitration. If you have a Dispute with Fin, you agree to first contact Fin at legal@finxpc.com and attempt to resolve the Dispute informally. If you and Fin are not able to resolve the Dispute after sixty (60) days, then you and Fin agree to resolve the Dispute through binding arbitration by JAMS, under JAM’s Optional Expedited Arbitration Procedures. The arbitration will be conducted in San Francisco County, California, unless you and Fin agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing: (i) you may sue Fin in a small claims court of competent jurisdiction after first engaging in the informal dispute resolution process above; and (ii) you and Fin have the right to seek injunctive or other equitable relief from the federal and state courts located in San Francisco County, California. You and Fin each consent to personal jurisdiction in the federal and state courts located in San Francisco County, California for any such actions.

  12. CLASS ACTION WAIVER. YOU AND FIN AGREE TO WAIVE THE RIGHT TO BRING OR OTHERWISE PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING (COLLECTIVELY “REPRESENTATIVE PROCEEDING”). THIS MEANS, AMONG OTHER THINGS, THAT YOU AND FIN AGREE THAT ANY AND ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF, CLASS ACTION REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY REPRESENTATIVE PROCEEDING. OU AGREE THAT YOU HAVE KNOWINGLY AND EXPRESSLY WAIVED SUCH RIGHTS.

  13. DMCA Notices. Fin responds to notices of copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”). You can email such notices to copyright@finxpc.com, fax them to (415) 862-0025, or mail them to Fin’s address at the bottom of these Terms.

  14. California Residents. Pursuant to California Civil Code §1789.3, California users of the Service may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. You can find Fin’s contact information at the bottom of these Terms.

  15. Apps from the Apple App Store. The following applies to any Apps you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Fin, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Fin as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Fin as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Fin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Fin acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

  16. General Terms. These Terms and the Data Policy contain the entire agreement between you and Fin concerning the Service, and supersedes any all prior agreements in their entirety. If it turns out that any term is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and Fin doesn’t take action right away, this doesn’t mean that Fin is waiving or giving up any rights that it may have (including taking action in the future). Fin may transfer and assign its rights and obligations under these Terms without restriction.

  17. Changes to these Terms. Fin may make changes to these Terms by posting the updated version here, and updating the date of last revision at the bottom of this page. If Fin makes a material change to these Terms, Fin will also notify you by email. Fin sends notices of material changes by email because many Fin users only communicate with Fin by email. Your continued use of Fin after any such change constitutes acceptance of the amended Terms. If you do not agree to any of these Terms, or any changes Fin makes to these Terms in the future, then you should stop using Fin.

  18. Questions about these Terms. If you have questions about these Terms, you can send an email to legal@finxpc.com or write to Fin at:

Fin Exploration Company, Inc.
Attn: Legal Department 350 Sansome Street
San Francisco, CA 94014

Date of last revision: September 13, 2018