TERMS OF SERVICE
Date Last Revised: September 4th, 2017
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.Finovera.com (“Finovera.com”), as owned and operated by Finovera Inc., a Delaware corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates collectively referred to as “Finovera”. By using Finovera.com you agree to be bound by the terms and conditions of this Agreement and Finovera.com’s Privacy and Security Policy, as they may be amended from time to time in the future. By using the information, tools, software, features and functionality including content, updates and new releases located on Finovera.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Finovera.com website) or you are a “User” (which means that you have registered with Finovera.com). The term “you” or “User” refers to a Visitor or a User. The term “we” refers to Finovera. If you wish to become a User, communicate with other Users and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Finovera. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about Finovera’s data protection practices, please read Finovera.com Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Finovera treats your personal information when you access Finovera.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service consolidates bills, financial statements and family documents on Finovera.com. Based on such information, the Service may also present information relating to third party products or services (“Finovera Offers”). The Service is provided to you by Finovera without charge and is meant as an aid to assist you in organizing and managing your financial documents. It is not intended to provide legal, tax or financial advice.
Account Information from Third Party Sites
With the Service, Users may direct Finovera to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Finovera makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Finovera is not responsible for the products and services offered by or on third-party sites. Finovera cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Finovera cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user bills, statements, data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify Finovera immediately at the email address – email@example.com.
Your Use of the Service
Your right to access and use Finovera.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Finovera.com for lawful purposes. Accurate records enable Finovera to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of Finovera.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Finovera.com or other actions that Finovera, in its sole discretion, may elect to take. From time to time, Finovera may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Finovera is not obligated to provide you with any Sneak Preview features.
Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Finovera may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk. You agree that Finovera may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Finovera a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Finovera in any way. Finovera will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Description of the Payment Services
The Services allow you both to simply keep track of your bills and bank account information as well as to facilitate actual payment. The Services allow you to: (i) register and store on our remote cloud service your payment account information for certain payment methods, such as your credit card, debit card and bank account information; (ii) extract and store on our remote server your account information with your authorized third party billers; and (iii) provide access to your Payment Account Information to us when you are making bill payments using your mobile device. The Services are limited to storing and providing to Billers your Payment Account Information and certain personal information necessary to pay your bills. Finovera does not: (i) process payment transactions between you and Billers (i.e., take possession of your payment and then make payment to the Biller, instead the payment is direct from your own account to the Biller); (ii) set the terms of any payment transaction between you and Billers; (iii) endorse or have any liability from damages for transactions between you and Billers; or (iv) control or have any liability for returns, refunds, chargebacks or other questions or disputes you may have with any Biller related to any payment transaction. You agree that Finovera is not responsible for completing any payment transaction by a certain time or date.
The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Registration and authentication, Handling payments, Analytics, Contacting the User, Hosting and backend infrastructure, Location-based interactions, managing contacts and sending messages. The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data
Payment processing services enable this Application to process payments by credit card, bank transfer or other means. To ensure greater security, this Application shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction. Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
Further information about Personal Data
The Personal Data collected are used to provide the User with services, including payments. The Personal Data collected to complete the payment may include the credit card, the bank account used for the transfer or any other means of payment envisaged. The kind of Data collected by this Application depends on the payment system used.
Biller Account Authorization
Payment Account Authorization
Finovera will make payments that you direct through the Services electronically by charging the account (bank account, credit card or debit card) that you select (the “Payment Account“). By initiating a bill payment through the Services, you authorize the Finovera app to initiate and complete the payment on your behalf. You agree to maintain a balance or available credit limit in the specified Payment Account that is sufficient to fund all payments that you initiate through the Finovera app. You certify that your Payment Account is in your name and that you are authorized to use it. You represent and warrant that you have the right to authorize Finovera, Billers and their payment processors to charge the Payment Account for payments that you initiate using the Services. You will indemnify and hold Finovera and its payment processor harmless from any claims by any other owner of the account or any Biller and its payment processor resulting from your lack of authority, funds or credit. You are responsible for confirming the accuracy of the information you provide about each payment you authorize and the amount of the transaction. Failure to provide accurate and complete information may prohibit the use of the Services or result in errors in your requested payments to Billers. You authorize the Finovera app to send communications to the Biller on your behalf in connection with the Services.
Unauthorized Payment Transactions
You must notify Finovera IMMEDIATELY: (i) if you believe that that your bank or card account has been accessed or used in an unauthorized manner, that is, in a way not authorized by you, for example, that an unauthorized electronic funds transfer has been drawn from your account; or (ii) if you believe your username and password have been lost or stolen. You should contact us via email at: firstname.lastname@example.org or write us at: Finovera, Inc. Attention: Payment Services 860 Hillview Court, Suite 220 Milpitas, CA 95035 An “unauthorized electronic funds transfer” is an electronic funds transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
Contact in the Event of Unauthorized Payments
If you believe that your account has been opened or used in an unauthorized manner, for example that an unauthorized electronic funds transfer has been drawn from your account, or if you believe your username and password have been lost or stolen.
Transfer Types and Limitations
Account Access: You may use the Services to make payments to your Billers from your bank account or credit card in the amounts and on the days you request. Finovera does not support payments to all types of Billers. For example, we reserve the right to decline payments to governmental agencies. You may not make payments to Billers outside of the U.S.
Payment Transaction Limits or other Suspicious Activity
Finovera may impose limits on the frequency and dollar amount of your payments to Billers and adjust them from time to time at our complete discretion. For example, we may limit the maximum dollar amount allowed per transaction, the aggregate dollar amount of transactions allowed over a period of time or the maximum number of payments allowed over a period of time. The Finovera app will advise you of then applicable limits and relevant time periods. A period of time may be measured as a calendar day, a rolling 30-day period or otherwise. We also reserve the right to decline to process any payment that appears illegal or contrary to these Terms and to notify relevant authorities.
If the app does not complete a payment from your account on time or in the correct amount according to these Terms, we will generally not be liable for your losses, damages or inconvenience. We will also not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the payment.
- If the payment is rejected, returned, mishandled, or delayed by the Biller for any reason.
- If you have provided Finovera with incorrect information about the Biller.
- If the Payment Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
- If the payment would go over the credit limit on your overdraft line.
- If the Services were not working properly and you knew about the problems when you started your payment.
- Due to fraud or attacks on our systems or the Services.
- Due to third party service providers.
- If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
- There may be other exceptions stated in our agreement with you.
All questions about transactions made through the Services must be directed to us and not to your bank or other financial institution where you have a bank account. Finovera is responsible for the Services and for resolving any errors in transactions made pursuant to your use of the Services. In case of errors or questions about a payment, contact us as soon as possible at email@example.com, or write us at Finovera, Inc., 860 Hillview Court, Suite 220, Milpitas, CA 95035 if you think your payment history or confirmation notice is wrong or if you need more information about a payment. When you contact us, you must:
- Tell us your name, phone number, email and account number (if any).
- Describe the payment you are unsure about and explain as clearly as you can why you believe it is an error or you need more information. If possible, please provide the confirmation number for the payment.
- Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send your complaint in writing within 10 business days.
Scheduling a Payment Transaction
You may use the Finovera app to make a payment today or to schedule a payment for a later date. Finovera is not obligated to provide you with any notice of delay in processing your payment to the Biller or of the completion or rejection of your payment to the Biller. You are responsible for contacting the designated Biller if you want to confirm receipt of your payment by the designated Biller on the same Business Day. Finovera will use reasonable efforts to complete your payment. Finovera makes no guarantee that a Biller will receive the payment, or post a payment to your account with the Biller. Your Scheduled Payment Date must be before the actual due date of the bill you are intending to pay to avoid any interest or late payment charges. Finovera is not liable for any fees that result from late payments.
Canceling a Payment Transaction
Payments once made cannot be cancelled.
Refunds or Reversals of Completed Payments
You cannot use the Services to request a refund, cancellation, correction, or reversal of a completed payment. In such situations, you will need to contact a Biller’s customer service in order to request refund, cancellation, correction, or reversal to a completed payment. If the Biller cannot, or is unwilling, to assist you with a request for a refund, cancellation, correction, or reversal of a completed payment, you should contact your financial institution’s customer service to determine if your financial institution is able to provide additional assistance.
Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FINOVERA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and Mobile Alerts
Finovera may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Finovera account, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Finovera may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for Finovera.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Finovera.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Finovera through the Service, you are licensing that content to Finovera solely for the purpose of providing the Service. Finovera may use and store the content, but only to provide the Service to you. By submitting this content to Finovera, you represent that you are entitled to submit it to Finovera for use for this purpose, without any obligation by Finovera to pay any fees or other limitations. By using the Service, you expressly authorize Finovera to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Finovera will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Finovera to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Finovera a limited power of attorney, and appoint Finovera as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN FINOVERA IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, FINOVERA IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
Finovera’s Intellectual Property Rights
The contents of Finovera.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Finovera.com belong or are licensed to Finovera or its software or content suppliers. Finovera grants you the right to view and use Finovera.com subject to these terms. You may download or print a copy of information provided on Finovera.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Finovera.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not: Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Finovera.com or any portion of Finovera.com, without Finovera’s express written consent, which may be withheld in Finovera’s sole discretion; Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Finovera.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer); Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Finovera.com or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Finovera.com or the Service.
Rules for Posting
Social Media Sites
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH FINOVERA.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FINOVERA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF FINOVERA.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FINOVERA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON FINOVERA.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FINOVERA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Not a Financial Planner, Broker or Tax Advisor
NEITHER FINOVERA NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. FINOVERA IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Finovera does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Finovera shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on Finovera’s Liability
FINOVERA SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO FINOVERA.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF FINOVERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FINOVERA’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Finovera
You shall defend, indemnify and hold harmless Finovera and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your relationship with Finovera
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Finovera in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information
Finovera may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Finovera.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Finovera under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Finovera, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Finovera may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Finovera is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with Finovera, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if Finovera does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Finovera has the benefit of under any applicable law), this will not be taken to be a formal waiver of Finovera’s rights and that those rights or remedies will still be available to Finovera. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Finovera regarding the subject matter of the same, and supersedes all other previous agreements.
Finovera is ABSOLUTELY FREE, and always will be