Terms and Conditions

Last Updated: February 01, 2025

Please read these terms and conditions carefully before using our services.

1. Agreement to Terms

These Terms of Service establish a binding legal agreement between you, either as an individual or on behalf of an entity (“you”), and Fynn (“Company,” “we,” “us,” or “our”) concerning your access to and use of the fynnfinance website, along with any related media channels, mobile sites, or applications connected to it (collectively, the “Site”). By accessing or using the Site, you confirm that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to all these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.

Additional terms and conditions or supplemental documents may be published on the Site from time to time. These are considered part of this agreement by reference. We reserve the right to modify or update these Terms of Service at any time for any reason. Any changes will be communicated by updating the “Last Updated” date of these Terms. It is your responsibility to regularly review these Terms to stay informed of updates. Your continued use of the Site after changes are posted will constitute your acceptance of the revised Terms.

The Site is not intended for use or distribution in any jurisdiction or country where doing so would breach local laws or regulations, or subject us to any regulatory requirements. Individuals accessing the Site from outside permitted regions do so at their own discretion and are solely responsible for compliance with local laws.

The Site is intended for individuals aged 18 or older. Use or registration by anyone under the age of 18 is strictly prohibited.

2. Intellectual Property Rights

Unless otherwise stated, the Site and all its contents, including source code, databases, software, designs, text, images, audio, video, and graphics (collectively, “Content”), as well as any trademarks, logos, and service marks (“Marks”), are owned or licensed by us. These elements are protected by applicable intellectual property and unfair competition laws.

The Content and Marks are provided on the Site “AS IS” for your personal, non-commercial use. Except as explicitly permitted in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed for commercial purposes without our prior written consent.

If you are eligible to use the Site, you are granted a limited license to access and use it and to download or print portions of the Content solely for personal, non-commercial purposes. We reserve all rights not expressly granted in these Terms.

3. User Representations

By using the Site, you represent and warrant that:

  1. All registration information you provide will be accurate, current, and complete.
  2. You will maintain and promptly update your registration information as necessary.
  3. You have the legal capacity to comply with these Terms.
  4. You are not a minor in your jurisdiction of residence.
  5. You will not access the Site through automated or non-human means (e.g., bots, scripts).
  6. You will not use the Site for any unlawful or unauthorized purpose.
  7. Your use of the Site will comply with all applicable laws and regulations.

Failure to provide accurate information or comply with these representations may result in suspension or termination of your account.

4. User Registration

To access certain features of the Site, you may need to register an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. We reserve the right to change or remove usernames deemed inappropriate, offensive, or otherwise objectionable at our discretion.

5. Prohibited Activities

You agree to use the Site only for its intended purposes. The following activities are strictly prohibited:

  • Collecting data from the Site to compile databases or directories without written permission.
  • Misleading or defrauding us or other users, including attempts to steal sensitive account information.
  • Interfering with security features or restrictions on the Site.
  • Uploading malicious content, such as viruses or spam.
  • Using the Site to harass, harm, or exploit others.
  • Engaging in unauthorized linking, framing, or scraping.
  • Impersonating another user or transferring your account without authorization.
  • Using automated tools like bots or scrapers to access the Site.
  • Engaging in any activity that disrupts or places an undue burden on the Site or its users.

Violation of these terms may result in the termination of your access to the Site.

6. User-Generated Content

The Site does not permit users to post or submit content, unless explicitly stated otherwise. Should you submit any content, including text, images, videos, or other materials (“Contributions”), you agree that your Contributions:

  • Do not infringe on the rights of others, including intellectual property or privacy rights.
  • Are not unlawful, harmful, offensive, or otherwise objectionable.
  • Do not violate any laws, including those protecting minors.
  • Do not contain unauthorized advertisements or solicitations.

By submitting Contributions, you grant us the right to use, modify, and distribute such content, consistent with our Privacy Policy. You retain ownership of your Contributions but agree to release us from liability for any claims arising from them.

7. Feedback and Submissions

Any feedback, suggestions, or ideas you provide to us (“Submissions”) will become our property. By submitting such feedback, you waive any rights to compensation or acknowledgment. We may use and share Submissions for any lawful purpose.

The Site may include links to third-party websites or content. We do not monitor or endorse these third-party resources and are not responsible for their accuracy, policies, or practices. Accessing third-party content is at your own risk, and you should review their terms and policies before proceeding. We are not liable for any issues arising from your interactions with third-party websites or purchases made through them.

9. Site Management

We reserve the right to:

  1. Monitor the Site for any violations of these Terms.
  2. Take legal action against anyone violating the law or these Terms.
  3. Restrict or disable access to any content or features at our sole discretion.
  4. Remove excessive or burdensome files or content.
  5. Otherwise manage the Site to ensure proper operation and protect our rights.

10. Privacy Policy

We value your privacy and data security. Please review our Privacy Policy at fynnfinance/privacy, which is incorporated into these Terms. By using the Site, you consent to the collection, use, and processing of your data in accordance with our Privacy Policy. If you access the Site from outside the United Kingdom, you acknowledge and agree that your data will be transferred to and processed in the United Kingdom.

11. Term and Termination

These Terms of Service will remain effective while you use the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to the Site (including blocking specific IP addresses) to anyone for any reason, including, but not limited to, violation of these Terms, representations, or applicable laws. We may terminate your access or delete your account and any content you posted without warning and at our discretion.

If your account is terminated or suspended, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of a third party. In addition to account termination, we may pursue legal actions, including civil, criminal, or injunctive measures, as deemed appropriate.

12. Modifications and Interruptions

We reserve the right to change, remove, or modify the contents of the Site at any time and for any reason, without notice. Additionally, we may suspend or discontinue all or part of the Site at our discretion. We will not be liable for any modifications, price changes, suspensions, or discontinuations.

We cannot guarantee uninterrupted access to the Site. Maintenance, updates, or other issues may cause delays or errors. You agree that we are not responsible for any losses or damages arising from your inability to access the Site during downtime or discontinuation. Nothing obligates us to maintain, support, or provide updates for the Site.

13. Governing Law

These Terms are governed by the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer residing in the EU, you are entitled to protections under the mandatory laws of your country of residence. Both you and Fynn agree to the non-exclusive jurisdiction of the courts of England and Wales. You may also pursue claims in your EU country of residence to protect your consumer rights.

14. Dispute Resolution

14.1 Informal Negotiations

Before initiating arbitration, both parties agree to first attempt to resolve any disputes informally for at least 30 days. Written notice must be provided to initiate negotiations.

14.2 Binding Arbitration

Disputes arising from these Terms will be resolved by arbitration in accordance with the rules of the European Court of Arbitration. The seat of arbitration will be London, United Kingdom, and the proceedings will be conducted in English. The substantive law of the United Kingdom will apply.

14.3 Restrictions

Arbitration will be limited to the specific dispute between the parties. Class actions and representative claims are not permitted.

14.4 Exceptions

The following disputes are exempt from arbitration:

  • Claims related to intellectual property rights.
  • Allegations of theft, piracy, or unauthorized use.
  • Requests for injunctive relief.

If these arbitration provisions are deemed unenforceable, such disputes will be resolved in a court of competent jurisdiction in accordance with the jurisdiction section.

15. Corrections

The Site may contain errors or inaccuracies. We reserve the right to correct any errors or update information at any time without prior notice.

16. Disclaimer

The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. You use the Site at your own risk. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for:

  1. Errors, inaccuracies, or omissions in content.
  2. Personal injury or property damage resulting from your use of the Site.
  3. Unauthorized access to secure servers or stored data.
  4. Interruption or cessation of transmissions.
  5. Bugs, viruses, or malicious code transmitted through the Site.

17. Limitations of Liability

We will not be liable for any indirect, consequential, or punitive damages, including loss of profit or data, arising from your use of the Site. Our total liability is limited to the amount you paid to us in the six months preceding the event giving rise to the claim.

18. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages arising from:

  • Your use of the Site.
  • Your breach of these Terms.
  • Your violation of third-party rights.

19. User Data

We are not responsible for any loss or corruption of data transmitted to or stored on the Site. You are responsible for maintaining backups of your data.

20. Electronic Communications and Signatures

By using the Site, you consent to electronic communications and transactions. Electronic signatures and records have the same legal effect as physical documents.

21. Continuous Payment Authority

21.1 Definition

A Continuous Payment Authority (CPA) allows recurring payments directly from your card without requiring permission for each transaction.

21.2 Failed Payments

If a payment fails, we will reattempt after a few days. Continued failure will result in CPA cancellation and we will get in touch with you for an alternative payment.

21.3 Canceling CPA

You can cancel a CPA at any time by contacting support at support@fynnfinance.

22. Miscellaneous

These Terms, along with our policies, constitute the entire agreement between you and us. If any provision is found unenforceable, the remaining terms remain valid. No partnership or joint venture is created by these Terms.

23. Contact Us

For questions or complaints about the Site, contact us at:

Fynn
contact@fynnfinance