Terms of Service

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

PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE PROVISIONS IN ALL CAPS AND BOLD. IN PARTICULAR, PLEASE READ PARAGRAPHS 22 AND 23 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 15 BELOW.

  1. Signing up for Fin. In order to use Fin, you will need to sign up for an account, and provide Fin with a valid credit card, debit card, or other Fin-approved payment method (“Payment Method”). You also must be over 21 years of age and a resident of the United States. You are only allowed to have one account, and you cannot share your account with anyone else.

  2. Keeping your account secure. As between you and Fin, you are responsible for whatever happens on your account, even if someone else is using it. To keep your account secure, you should never share your password with anyone, or let anyone else access or use your account. If you discover that someone has your password, or has accessed or used your account, please let Fin know as soon as possible. Fin will not be liable for any harm or losses caused by any unauthorized use of your account.

  3. Information Fin collects from you. You agree that Fin can store, learn from, use, and share the information, data, and content (collectively “information”) it collects from or about you, as described in Fin’s Data Policy. If you choose to share content with Fin, like a photo or video, you will continue to own any intellectual property rights you have in that content. But because Fin does not want to infringe your intellectual property rights, by sharing content with Fin, you grant to Fin all of the rights it needs to avoid infringing your rights when providing the Service in connection with the content you share. If any other person has any intellectual property rights in the content you share, you promise that you have the right to grant to Fin all rights necessary to avoid infringing their rights as well.

  4. Information Fin provides to you. Information Fin provides or makes available to you (“Fin Information”) is for your personal use only. Fin owns Fin Information. You agree not to copy any Fin information. You also agree not to use any Fin Information: (i) for commercial purposes; (ii) for purposes of evaluating a person’s eligibility for employment, credit, or other commercial transactions; (iii) in a manner that violates another person’s privacy rights; or (iv) for any other purpose which could be in violation of any applicable law.

  5. Information that is not allowed on Fin. You agree not to provide any information to Fin that could cause liability of any kind for you or Fin, whether criminal or civil. This includes information that could violate copyright laws, defamation laws, federal or state privacy laws, or any other federal or state law that may apply. You also agree not to request that Fin collect information from children under 13 or people outside of the United States. Fin may delete any information for any reason. If Fin learns it has collected personal information from a child under 13 without parental consent, Fin will delete that information. If you believe that Fin has inadvertently collected information from a child under 13 without parental consent, please email Fin at safety@finxpc.com.

  6. Communications that are not allowed on Fin. You agree not to use Fin to contact or Communicate with children under 13, or people outside of the United States. You agree not to use Fin for telemarketing or to send spam or similar Communications.

  7. Communications from Fin. You agree to receive notifications and other communications from Fin, including by email and text message. You can unsubscribe from some email notifications, and opt out of receiving some text messages by replying “STOP.” Opting out may prevent you from receiving important notices. You give Fin permission to record phone calls it has with you. You can opt out by asking Fin to stop recording a conversation at any time during a phone call.

  8. Misusing the Service. You agree not to do anything to misuse, compromise, disable, overburden, impair, or interfere with the Service in any way, or to use Fin to do anything that violates, or causes Fin to violate, any applicable laws. This includes accessing the Service using automated means, or accessing an account belonging to someone else. You also agree not to use Fin in any way that violates, or causes Fin to violate, any applicable laws, or that could cause liability of any kind for you or Fin.

  9. The Fin App. The Fin App may update automatically on your devices. You consent to such automatic updating. You agree not to copy, distribute, modify, disassemble, decompile, extract source code from, or reverse engineer the Fin App.

  10. Third party services. If you authorize Fin to access a third-party app or service that you use, you give Fin permission to access, store, learn from, use, and share any information it collects from that third-party app or service as permitted by Fin’s Data Policy. You also give Fin permission to store your log-in credentials for that service.

  11. Changes to the Service. Fin is constantly making changes to and improving the Service. You agree that Fin may add or remove any features, and may stop providing any services at any time.

  12. Feedback about the Service. You agree that Fin has no obligation to compensate you for any feedback, suggestions, or ideas (“Feedback”) you submit to Fin, including Feedback about how to improve Fin, and that Fin is free to use such Feedback without any restrictions.

  13. Use of the Service outside of the United States. Fin is only available to people who are residents of the United States. By using Fin, you agree to be treated in all material respects as a United States resident, and consent to having your personal information transferred to and processed in the United States.

  14. Terminating your account. 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 by asking Fin directly. Fin may limit, suspend, or terminate your account for any reason. If your account is canceled, limited, suspended, or terminated, you will not receive a refund, and you will continue to be bound by these Terms.

  15. Payment Terms. As a precondition for using Fin, you consent and agree to Fin charging the Payment Method you have provided to Fin’s 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 [request detail page]. 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.

  16. Work product. All Work Product conceived, created, derived, developed, discovered, generated, learned, made, or reduced to practice by Fin (collectively, the “Work Product”) shall be owned solely and exclusively by Fin. The term “Work Product” shall include all work product, data, deliverables, documentation, information, innovations, materials, property, works of authorship, trade secrets, copyrights, trademarks, patentable inventions, and any other intellectual property rights, and includes any Work Product resulting from the provision or performance of services under these Terms.

  17. Fin for Teams. 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.

  18. 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.

  19. 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 AMOUNT YOU PAID FIN TO USE THE SERVICE. 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.

  20. 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, your information, any Communication you send or receive, any request Fin fulfills on your behalf, any violation of these Terms, and/or the violation of any applicable law, rule, or regulation, including by you or anyone using your account.

  21. 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.

  22. 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.

  23. 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. YOU AGREE THAT YOU HAVE KNOWINGLY AND EXPRESSLY WAIVED SUCH RIGHTS.

  24. 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.

  25. 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.

  26. 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.

  27. Apps from the Google Play Store. The following applies to any Apps you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Fin only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Fin, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to Fin’s Google-Sourced Software.

  28. Changes to these Terms. Fin may make changes to these Terms. If Fin makes any changes to these Terms, Fin will post the updated version here, and will update 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 through the Fin app or another method of its choosing, such as 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.

  29. Assignment. You will not transfer or assign any of your rights or obligations under these Terms, in whole or in part, to anyone else without Fin’s written consent. Fin may transfer and assign its rights and obligations under these Terms without restriction. Any non-permitted assignment of these Terms will be void and have no effect.

  30. Entire Agreement. 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.

  31. Severability. If it turns out that any term is not enforceable, this will not affect any other terms.

  32. No Waiver. 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).

  33. 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: June 6, 2018