Terms of Service

Last Updated March 31, 2019


Welcome to Finli. These Terms of Service govern the use of the services offered by Finli, Inc. (the “Company” or “Finli”) at the Company’s website (www.finliapp.com, the “Site”) or its mobile applications. Such services, the Site and mobile applications together are hereinafter collectively referred to as the “Service.” Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and the Privacy Policy (the “Privacy Policy”). If you object to anything in these Terms of Service or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy is incorporated by reference into these Terms of Service and these Terms of Service and the Privacy Policy together are hereinafter referred to as this “Agreement.” Please read these terms carefully, and keep a copy of them for your reference. The Service is a bill payment platform that enables family and friends contribute directly to child related bills and expenses. “Customers” are parents and guardians of the child who may import the child related bills onto Finli. “Contributors” are family and friends of the child who make cash contributions directly to those child related bills. “Recipients” are merchants such as private schools, daycare centers, enrichment programs receiving payments from Finli for bills they issued to “Customers.”

Electronic Communications

Visiting the Site or mobile apps that are part of the Service, sending emails to Finli, or chatting with Finli representatives constitute electronic communications. By using the Service, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Service, satisfy any legal requirement that such communications be in writing.

Children under the age of 18

Finli does not knowingly collect, either online or offline, personal information from persons under the age of thirteen without the consent of a parent or guardian. If you are under 18, you may use Service only with permission of a parent or guardian.

Account, Password, Security and Mobile Phone Use

You must register with Finli and create an account to use the Service. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account information provided by you or Finli for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Finli has no control over the use of any Customer's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Finli immediately. By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Finli will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings or email us at info@finliapp.com.

Billing and Payment

In order to process any cash gift and payment transaction through the Platform (each, a “Transaction”), Customers and Contributors may be required to provide bank account information and similar information (collectively, the “Billing Information”). Such Billing Information will be collected and processed by Finli pursuant to the terms and conditions of their privacy policy and terms of use, and we will obtain access to any Billing Information in connection with such Transactions.

All transactions initiated by Contributors will be processed as such meaning there will be no surcharge added to the transaction level. There is no fee, one time or membership, assessed for Contributors irrespective of transaction volume. Customers may upload and link unlimited bills and contributions with $0.00 fees.


Finli reserves the right to review all transactions for suspicious activity and in our discretion refuse, reverse, cancel any transaction.  

Links to third party sites/Third party services

The Service may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Finli and Finli is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Finli is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Finli of the site or any association with its operators. Certain products made available via the Service are delivered by third party sites and organizations. By using any product, service or functionality originating from the Service, you hereby acknowledge and consent that Finli may share such information and data with any third party with whom Finli has a contractual relationship to provide the requested product, service or functionality to fulfill your orders and requests.

Intellectual Property

You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Service strictly in accordance with this Agreement. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of Finli or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Finli or our licensors except as expressly authorized by this Agreement.

Unlawful or Prohibited Use

As a condition of your use of the Service, you warrant to Finli that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You shall not use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Recipients and Finli representatives and staff. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Finli content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Finli and the copyright owner.

International Users

The Service is controlled, operated and administered by Finli from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Finli content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Finli, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or the Service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Finli reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Finli in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Finli AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICE AT ANY TIME. Finli AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Finli AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Finli AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Finli OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Finli agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Finli. Finli’s address for such notices is:


Finli, Inc.

2920 Huntington Drive, Suite 100

San Marino, CA. 91108

Attention: Client Support


BINDING ARBITRATION. Notwithstanding any other provision in this Agreement, and except as otherwise set forth in this section, if either User or Finli has any dispute, controversy, or claim, whether founded in contract, tort, statutory, or common law, concerning, arising out of, or relating to this Agreement, the Platform, or the Services, including any claim regarding the applicability, interpretation, scope, or validity of this arbitration clause and/or this Agreement (each of the foregoing, a “Legal Claim”) that cannot be resolved directly between User and Finli, then such Legal Claim will be settled by individual (not class or class-wide), confidential, binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then-current Commercial Arbitration Rules and Mediation Procedures of the AAA (the “AAA Rules”), including any expedited procedures. To initiate an arbitration proceeding, an arbitration claim must be submitted by the claimant (the “Claimant”) to the AAA, and a written Demand for Arbitration must be provided to the other party (the “Opposing Party”), pursuant to the AAA Rules. Arbitration hearings will be held in Los Angeles, California or any other location that is mutually agreed upon by User and Finli. A single arbitrator will be mutually selected by Finli and User and shall be (i) a practicing attorney licensed to practice law in California or a retired judge; and (ii) selected from the arbitrators on the AAA’s roster of commercial dispute arbitrators who have a background in payroll, health insurance, human resources, and/or online commerce law (or if there are no such arbitrators, then from the arbitrators on the AAA’s roster of commercial dispute arbitrators) (collectively, the “Arbitrator Requirements”). If Finli and User cannot mutually agree upon an arbitrator within ten (10) days of the Opposing Party’s receipt of the Demand for Arbitration from the Claimant, then the AAA shall appoint a single arbitrator that satisfies the Arbitrator Requirements. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including reasonable attorneys’ fees and expert witness fees. The award rendered by the arbitrator shall be final and binding upon User and Finli. A judgment on the award may be entered and enforced in any court of competent jurisdiction. Finli may, in its sole discretion, commence an action in any state or federal court of competent jurisdiction within the County of Los Angeles, California, for any monetary amounts that User owes to Finli (each, an “Action”). User hereby waives any objection to jurisdiction or venue, or any defense claiming lack of jurisdiction or improper venue, in any Action brought by Finli in such courts.

User and Finli agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement. USER FURTHER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT USER AND Finli ARE EACH WAIVING THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY AS TO DISPUTES HEREUNDER AND THAT USER IS WAIVING ITS RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING ARISING FROM THIS AGREEMENT.

Governing Law

This Agreement shall be interpreted and construed in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof.

Termination

Finli reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice.

General Provisions

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Finli as a result of this agreement or use of the Service. Finli's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Finli's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Finli with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Finli with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Finli with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to this Agreement

Finli reserves the right, in its sole discretion, to change the terms under which the Service is offered. The most current version of the terms as described in the latest version of this Agreement will supersede all previous versions. Finli encourages you to periodically review this Agreement to stay informed of our updates.

Contact Us

Finli welcomes your questions or comments regarding our Terms of Use:

Finli, Inc.

2920 Huntington Drive, Suite 100

San Marino, CA. 91108

info@finliapp.com