Terms of Use
Last Updated: April 1, 2026
Welcome to Finaeon!
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THESE “TOS”) BEFORE USING ANY WEBSITE, MOBILE APPLICATION, DESKTOP APPLICATION, PLUGIN OR OTHER MEDIA PLATFORM THAT REFERENCES OR LINKS TO THESE TOS (COLLECTIVELY, THE “SITE”), OR ANY PRODUCTS, SERVICES, DOCUMENTATION, INFORMATION OR DATA PROVIDED BY OR ON BEHALF OF FINAEON (HEREINAFTER DEFINED), REGARDLESS OF WHETHER PROVIDED THROUGH THE SITE, OTHERWISE DIRECTLY BY FINAEON, OR BY OR THROUGH A THIRD PARTY RESELLER, DISTRIBUTOR, OR SERVICE PROVIDER (THE “SERVICES”).
These TOS set forth the legal terms and conditions governing your use of the Site and the Services. Finaeon reserves the right to amend, remove, or add to these TOS at any time. Such modifications will be effective immediately. Accordingly, please continue to review these TOS whenever accessing, linking to, or using the Site or the Services. Your access, link to, or use of the Site or any Service, after the posting of modifications to these TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept these TOS, you may not access, link to, or use the Site or the Services. Any terms and conditions proposed by you that are in addition to or that conflict with these TOS are expressly rejected by Finaeon and will be of no force or effect.
1. Statement of Rights and Responsibilities
These TOS govern Finaeon’s relationship with individual users of the Services (“Users” or “you”). By creating an account using your username and passwords (“Access Method”) or by otherwise accessing or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by these TOS (which may be updated from time to time). Your online acceptance of these TOS at the time of account creation or use of the Services constitutes a legally binding agreement between you and Finaeon. Without limiting the foregoing, you may not insist upon any avoidance of these TOS once you access or use the Site or the Services. These TOS, together with any policies, guidelines, or supplemental terms referenced herein or otherwise made available to you by Finaeon (collectively, the “Agreement”), govern your use of the Site and the Services. Notwithstanding the foregoing, if you are accessing or using the Site or the Services in connection with any company, institution, organization, or other legal entity (an “Organization”) that has entered into a separate written agreement with Finaeon governing the use of the Site or the Services (an “Organization Agreement”), the terms and conditions of such Organization Agreement will control and your use of the Site and the Services will be subject to such Organization Agreement in addition to these TOS.
2. License
Finaeon hereby grants you a fully revocable, nontransferable, nonexclusive right to use the Site and the Services solely in accordance with the Agreement. The foregoing right has been granted to you subject to your agreement to abide by the Agreement as well as any other rules, procedures, policies, terms or conditions governing the Site and the Services that may be displayed from time to time on the Site, in the Services, or otherwise provided to you by Finaeon and to which you will be bound. You must be authorized by Finaeon to access and use the Site and the Services. The Site and the Services are licensed, not sold, and you receive no title to or ownership of the Site or the Services. Furthermore, you receive no rights to the Site or the Services other than those specifically granted herein, all such rights being reserved to Finaeon.
3. Permitted Use
You may (a) subject to limits specified by Finaeon from time to time, download, transport, extract, or transfer Content (as hereinafter defined) to servers, hard drives, or other storage devices under your control (the “Storage Location”), provided that the Storage Location is only accessible to you; (b) incorporate Content into software or analysis tools for your own internal business purposes only; and (c) use the Services to create Resultant Data (hereinafter defined) for back-testing, forecasting, portfolio balancing, regression analysis, and/or data integration purposes, and to perform calculations and develop trading strategies, investment ideas, and/or trading tactics. You may use Resultant Data for your internal business purposes. Except as expressly set forth herein, you may not disclose or provide Resultant Data to any other person or entity, whether or not for consideration. Notwithstanding the foregoing or anything to the contrary contained herein, you may not use, transfer, distribute, or dispose of Services, Content, or Resultant Data in any manner that does or could compete with the business of Finaeon or its affiliates. You will ensure that all documents, materials, reports, presentations, charts, graphs, and other materials that contain, incorporate, or are based upon Services or Content clearly cite Finaeon as a source, and do not include Services or Content (other than de minimis portions of Content permitted to be used hereby), and cannot reasonably be used as a facsimile or substitute for any Service or Content. As used herein, “Resultant Data” means data created by you in compliance with the Agreement, in whole or in part using the Services or any Content, which cannot be: (i) reverse-engineered to recreate the original Services or any Content (as hereinafter defined), and (ii) used to create other data that is a reasonable facsimile for the Services or any Content.
4. Representations
You represent, warrant, and covenant to Finaeon that: (i) you are authorized to enter into the Agreement and otherwise perform your obligations hereunder; (ii) all use of the Site by you, or with your Access Method, will be in accordance with the Agreement; (iii) you will notify Finaeon immediately upon becoming aware of any violation of the Agreement; and (iv) you have adequate training and skills to use the Content and Services in compliance with the Agreement.
5. Payment
You will pay fees in the amounts and at the times specified at the time of your registration or as otherwise communicated to you by Finaeon. Any amounts payable to Finaeon that are not paid when due will accrue past due charges from the date due until paid at a rate of one and a half percent (1.5%) per month or the legal maximum, whichever is less. Fees payable to Finaeon are exclusive of taxes. You will be responsible for payment of all taxes payable with respect to the Services and Content, except, to the extent applicable, for taxes levied with respect to Finaeon’s net income.
6. Term and Termination
The term of the Agreement will commence on the date you first accept these TOS or access or use the Site or the Services, and will continue until terminated in accordance with this Section. Either party can terminate the Agreement upon notice if the other party commits a material breach of the Agreement that is capable of being cured, which breach is not cured within thirty (30) days of receipt by the breaching party of written notice of such breach, provided that Finaeon may terminate the Agreement immediately upon notice if you breach the Sections of these TOS captioned License, Permitted Use, Intellectual Property, Registration, Restrictions, Third Party Data, Privacy, Confidentiality, or Indemnity. Finaeon may terminate or suspend the Agreement or your access to the Site or the Services at any time in its sole discretion, with or without cause, upon notice to you.
7. Effect of Termination
Finaeon reserves the right to suspend or terminate your access to and use of all or any portion of the Site or Services at any time in its sole discretion as necessary to preserve and protect the security of the Site or the Services or the rights of Finaeon or any Supplier (as hereinafter defined). In the event your use of the Site or the Services is suspended or terminated, the Agreement will continue to apply to your past use of the Site and Services in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site and Services will not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Finaeon. Without limiting the foregoing, the provisions of these TOS relating to intellectual property, confidentiality, indemnification, compliance with law, payment, Resultant Data, and limitations on liability will survive any termination of the Agreement. Upon the termination or expiration of the Agreement: (a) all licenses will terminate, and you will immediately cease and desist all use of the Content and Services; (b) unpaid fees and other amounts payable to Finaeon will accelerate and be immediately due; (c) all models, Resultant Data, and/or algorithms that depend and rely upon the Content will be recalibrated and revised to exclude the Content from their processes; and (d) you and all persons to whom you have transferred or provided Content or Services will promptly, at Finaeon’s option, return or destroy all Content and Services (including all materials, documents, and files containing, embodying, or incorporating Content and Services), and certify such return, destruction and deletion in writing, provided that you may retain Content and Services to the extent required to comply with applicable law or regulation. Any Content or Services so retained will not be used for any purpose other than as necessary for such compliance. Notwithstanding the foregoing, provided that the Agreement is not terminated due to your default hereunder, and subject in every respect to your continued compliance with each and every of your obligations hereunder, you may retain and continue to use Resultant Data for your internal business purposes following termination of the Agreement.
8. Intellectual Property
The Site and the Services, including, all of the content, information, and data they contain, or may in the future contain (the “Content”), including but not limited to data, text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to the Site or the Services, are owned by or licensed by Finaeon or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Services are also, to the fullest extent permitted by applicable law, protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Site and the Services have been developed, compiled, prepared, revised, selected, and arranged by Finaeon through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Finaeon. You agree to protect the proprietary rights of Finaeon having rights in the Service during and after the term of the Agreement and to comply with all reasonable written requests made by Finaeon or its suppliers and licensors of data, information, software, content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services and the Site. You agree to notify Finaeon in writing promptly upon becoming aware of any unauthorized access or use of the Services or the Site by any individual or entity or of any claim that the Services or the Site infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Except as otherwise expressly provided in the Agreement, all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services and the Site, including derivative works thereof (the “Intellectual Property Rights”) will, as between you and Finaeon, at all times be and remain the sole and exclusive property of Finaeon. All present and future rights in and title to the Services and the Site (including the right to exploit the Services and the Site and any portions of the Services and the Site over any present or future technology) are reserved to Finaeon for its exclusive use. Except as specifically permitted by the Agreement, you may not copy or make any use of the Services or the Site or any portion thereof. Except as specifically permitted by the Agreement, you will not use the Intellectual Property Rights, the Site, or the Service, or the names of any individual participant in, or contributor to, the Services, or any variations or derivatives thereof, for any purpose, without Finaeon’s prior written approval.
9. Transmissions to Finaeon
If you choose to transmit or submit through the Site or the Services any message, documents, information, data (including all ideas, suggestions, questions, feedback and/or proposals contained therein), by and immediately upon such transmission or submission you will be deemed to irrevocably grant to Finaeon a nonexclusive, royalty-free, fully paid-up, irrevocable, perpetual, worldwide license (with unlimited right to sublicense) to make, have made, use, offer for sale, sell, import, reproduce, distribute, perform, display, and make derivative works based upon such messages, documents, information, and data (and all ideas, suggestions, feedback, questions, and proposals contained therein). Finaeon will have no obligation of any kind with respect to such ideas, messages, documents, information and/or data and will be free to use, disclose and/or distribute any such idea, message, documents, information and/or data to others without limitation and to reproduce and use any ideas, concepts, know-how or techniques contained or embodied therein, including without limitation to use such ideas, data, concepts, know-how, techniques, data, and other information in Finaeon’s business and to develop, manufacture, market and produce products and services incorporating such data, information, ideas, concepts, know-how or techniques.
10. Registration
You acknowledge that the Services and the Content are licensed solely for your individual use. You will not permit any other person to access, view, export, copy or otherwise use any Services or Content through your account or Access Method. As part of the registration and account creation process necessary to obtain access to the Services, you will select a username and a password as well as provide geographical information about yourself. You must register using a valid commercial or business email address associated with a company or organization. Registration using personal or consumer email domains (including, without limitation, gmail.com, and similar consumer email services) is not permitted, and Finaeon reserves the right to reject or terminate any account registered with such an email address. By completing the registration process and accepting these TOS, you acknowledge and agree that you are legally bound by the Agreement. You will provide Finaeon with certain registration information, all of which must be accurate, truthful, and updated. You will not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that Finaeon, in its sole discretion, deems offensive or inappropriate. Finaeon reserves the right to deny creation of your account based on Finaeon’s inability to verify the authenticity of your registration information. You will be solely responsible for maintaining the confidentiality and security of your Access Method. You will immediately notify Finaeon of any known or suspected unauthorized use(s) of your account or Access Method, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your information, including your Access Method. You are fully responsible for all usage and activity through your Access Method, including, but not limited to, unauthorized use of your Access Method by any third party. You agree you will not sell, transfer, or assign your account to any other person, nor allow them permission to access our Services through your Access Method. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Services. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Site or the Services, and you agree that you may be denied access to or use of the Site or the Services if you refuse to provide proof of identity or other method of identity verification. Finaeon reserves the right to terminate, revoke, suspend, modify, or change your Access Method, in its sole discretion, at any time with or without notice. If we disable your Access Method, you agree that you will not request new Access Method without express written permission from Finaeon. Notwithstanding anything else herein, Finaeon reserves the right to pursue any and all claims against any User. Each User may have only one set of Access Method at any time.
11. Restrictions
You agree that, except as expressly permitted by the Agreement, you will not publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of, or otherwise disseminate or disclose to any person or entity, the Site or the Services. You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Services or the Site, any activities conducted on or through the Services or the Site or any servers or networks connected to the Services or the Site. You may neither obtain nor attempt to obtain through any means any materials or information on the Site or the Services that have not been intentionally made available either by public display on the Site or Services or through accessibility by a visible link on the Site or Services. You will not violate the security of the Site or the Services or attempt to gain unauthorized access to the Site or the Services, data, source data and dictionaries, materials, information, computer systems, or networks connected to any server associated with the Site or the Services, through hacking, password timing, or any other means. You may neither take nor attempt any action that, in the sole discretion of Finaeon, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the Services or the infrastructure underlying or supporting the Site or the Services. You will not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site or the Services or any data or content found on or accessed through the Site or the Services without the prior express written consent of Finaeon. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content. You will not, directly or indirectly, during the term of the Agreement or thereafter, engage in or permit any other person or entity to engage in any of the following actions: (i) decompile, disassemble, modify, translate, or reverse engineer the Site, the Services, or any Content or otherwise attempt to obtain the source code for the Site or the Services or the constituent or underlying data contained in or comprising the Services or any Content; (ii) sell, license, sublicense, rent, lease, timeshare, assign, pledge, or otherwise encumber the Site, the Services, or any Content or permit any other person or entity to use the Site, the Services, or the Content; (iii) use any name, trade mark, service mark, logo(s), or other intellectual property of Finaeon without Finaeon’s prior written consent in each instance; (iv) use the Site, the Services, or any Content for any purpose other than as expressly permitted hereby; (v) develop or assist in the development of any website, platform, software, technology, data or information product, or service competitive with or similar to the Site, the Services, or any Content (including, without limitation, including any similar ideas, functionality, content, data, features, functions or graphics); or (vi) modify, alter, tamper with, translate, repair or (except with respect to Resultant Data) create derivative works based on or using the Site or any Services or Content.
12. Third Party Data
In using the Site and the Services, you may have access to third-party information that may include, among other things, proprietary market data (collectively, the “Third Party Data”), which has been independently obtained by Finaeon from various Suppliers. In the event of a discontinuance or termination of Finaeon’s access to any Third Party Data, Finaeon may in its sole discretion remove the applicable Third Party Data from the Site or the Services or replace any such Third Party Data with other Third Party Data. The Third Party Data is the property of the applicable Supplier(s) or others and is protected by copyright. You acknowledge and agree that such Third Party Data is subject to the additional terms available set forth herein and such other terms as may be required by any Supplier from time to time (the “Third Party Terms”). You agree not to use the Third Party Data for any purpose other than as expressly permitted by the Agreement and, in particular, not to (i) use the Third Party Data for any unlawful purpose (including, without limitation, in violation of any rules or regulations of any exchange or self-regulatory organization); (ii) download, modify, reproduce, retransmit, disseminate, sell, lease, distribute, publish, broadcast, circulate, or commercially exploit the Third Party Data in any manner; or (iii) furnish or otherwise permit or provide access to the Third Party Data to any other person or entity. You agree to: (a) clearly identify the Supplier as the source of Third Party Data; (b) comply with all requests by Finaeon or any Supplier to protect the Supplier’s and Finaeon’s respective rights in the Third Party Data; and (c) take reasonable security precautions to prevent unauthorized access to any Third Party Data, the Services, and the Site. The Suppliers are third party beneficiaries under the Agreement and will be entitled (along with Finaeon or alone) to enforce the Agreement by legal proceeding or otherwise for any violation hereof. Your obligations under this Section will remain in effect after termination of the Agreement. FINAEON AND EACH SUPPLIER EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY AND ALL SUCH THIRD PARTY DATA, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND/OR NON-INTERFERENCE.
13. Privacy
For the purposes of providing and maintaining the Site and the Services and for general administrative purposes with regard to the Agreement, the Services, and the Site, Finaeon, its designees, licensees, and the Suppliers will have access to certain information, including without limitation names, functions, and contact details that constitute “personal data”, “personal information” or any other similar term as defined in applicable law, or information or materials, in any form, that alone or in combination with other information or materials: (i) uniquely identifies any individual (e.g., names, addresses, telephone numbers, account information, financial information, etc.); or (ii) is considered “sensitive personal data” such as political opinions, ethnicity, religious beliefs, or health information (all such information, “Personal Data”). Finaeon and each Supplier has the right to use, disclose, and transfer the Personal Data in accordance with the provisions of the Agreement. Without limitation, the Personal Data will be stored and processed globally by and on behalf of Finaeon and the Suppliers, including in contact databases and finance systems and to third party affiliates, service providers, and agents of Finaeon and such Suppliers, and including transfers to countries outside of your home country whose data protection standards are different than those of the origin country. Finaeon will implement commercially reasonable physical, technical and organizational measures to protect the Personal Data against accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of Personal Data over a network, and against all forms of unlawful processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation. By accepting the Agreement, you acknowledge and consent to the collection, processing, and transfer of your Personal Data by Finaeon and the Suppliers for the purposes described herein, and you represent and warrant that such consent has been freely given. Without limiting the foregoing, information that Finaeon gathers from you via your use of the Site or the Services is governed by Finaeon’s privacy policy https://gfdpolicies.blob.core.windows.net/legal/PrivacyPolicy.pdf (the “Privacy Policy”), which is incorporated herein by this reference.
14. Confidentiality
Depending on your subscription to the Services, you may be exposed to certain confidential and proprietary information of Finaeon (“Confidential Information”). Confidential Information includes the Site, the Services, and the Content, including without limitation, all methodologies, source data, data and databases, and software and analytical tools contained therein, together with all non-public information disclosed to you by or on behalf of Finaeon, whether or not labeled or identified as proprietary or confidential. All Confidential Information will remain the property of Finaeon, and you will acquire no interest therein.
You will not in any way disclose or disseminate Confidential Information to any third party and will only use Confidential Information to the extent necessary to use the Services and the Site in accordance with the terms and conditions of the Agreement.
15. Reservation of Rights; Modification of Fees
Finaeon may modify the fees you pay to Finaeon upon at least ninety (90) days’ notice. In addition, in its sole discretion at any time that Finaeon deems necessary or otherwise desirable, in each case to the fullest extent permitted by applicable law and without notice or liability to you, Finaeon may: (1) modify, add, or delete certain portions of the Services or the Site; (2) change or modify the format, medium, or means of access to or delivery of the Services or the Site; and, (3) make unscheduled deployments of updates, enhancements or such other changes to any Content, the Site or the Services. You acknowledge and agree that the licenses granted herein are non-exclusive, and that Finaeon has all right and authority, in its sole and absolute discretion, to license the Content, Services, and Site to, and for use by, any other person or entity.
16. Warranty Disclaimers
THE SITE, THE SERVICES, AND THE CONTENT (INCLUDING, WITHOUT LIMITATION ALL THIRD PARTY DATA) ARE PROVIDED “AS-IS,” “AS-AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FINAEON MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES OF TITLE AND EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE, THE SERVICES, THE CONTENT, OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OPERATES ERROR-FREE AND THAT FINAEON DOES NOT WARRANT THAT THE SITE OR THE SERVICES AND THE COMPONENTS COMPRISING THE SITE OR THE SERVICES WILL OPERATE WITHOUT ERROR OR INTERRUPTION.
THE FLOW OF DATA TO AND FROM THE SITE AND THE SERVICES VIA THE INTERNET AND WIRELESS BANDWIDTH IS CONTROLLED BY THIRD PARTY SERVICE PROVIDERS OVER WHOM FINAEON HAS NO CONTROL. FINAEON WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS IN YOUR ACCESS TO THE SITE OR THE SERVICES DUE TO DISRUPTIONS IN INTERNET OR WIRELESS SERVICES.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FINAEON, THE SUPPLIERS OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, MEMBERS, CONSULTANTS, ADVISORS, LICENSORS, OR EMPLOYEES (COLLECTIVELY, “COVERED PERSONS”) BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATED TO THE AGREEMENT, THE SITE, THE SERVICES, THE CONTENT (INCLUDING, WITHOUT LIMITATION ANY USE OF, OR INABILITY TO USE THE SITE, SERVICES, OR ANY CONTENT), REGARDLESS OF THE THEORY OF LIABILITY, OR WHETHER A COVERED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF ANY COVERED PERSON IN ANY CIRCUMSTANCE EXCEED $100.
18. Indemnity
You will indemnify and hold harmless Finaeon and all other Covered Persons against and from any and all claims, demands, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and court costs), based on, arising out of or relating to: (i) use of the Site or the Services by you or with your Access Method; (ii) your breach of the Agreement (including, without limitation, any Third Party Terms or any representation, warranty or covenant made by you herein); (iii) your violation of any applicable law or any third party’s rights; or (iv) your infringement of any intellectual property or other proprietary right of Finaeon, any Supplier or any other third party.
19. Discontinuation
Finaeon reserves the right to suspend or discontinue your individual access to or use of any Finaeon Site or Services at any time, without notice, if Finaeon determines you have breached these TOS, violated any law, or engaged in any inappropriate conduct, or if your subscription to the Services is cancelled or suspended. Finaeon will not be liable to you for any such suspension or discontinuation.
20. Notices from Finaeon
From time to time, Finaeon may post legal notices to the Site or the Services. You will not remove these notices, or any additional information contained along with any such notice. The Site and the Services may contain references to trademarks, copyrighted materials, technologies, products, data, processes and software and other proprietary rights of Finaeon, Suppliers, or other Persons. Except as necessary for your access to and use of the Site and the Services as contemplated by the Agreement, no license to or right in any such trademarks, copyrighted materials, technologies, products, data, processes, software, or other proprietary rights of Finaeon or any Supplier is granted to or conferred upon you.
21. Changes to these TOS
Finaeon may change these TOS, the Privacy Policy, or any of the policies or guidelines governing the Site or the Services, at any time and in its sole discretion (including, without limitation, as required by any Supplier), by posting the modified Agreement on the Site or in the Services. Finaeon may, but will not be required to, provide notice of any such modification directly to you via email. Such change will automatically be effective upon such notice and the posting of the new TOS, Privacy Policy, policies, or guidelines on the Site or in the Services, and will apply. Any access or use of any Site or Services by you after such posting will indicate your assent to the new TOS. You agree to review the Agreement periodically so that you are aware of any modifications. You agree that the notice and modification provisions provided in the Agreement are reasonable. You may not modify the terms of the Agreement or any of the policies or guidelines governing the Site or the Services without Finaeon’s express prior written consent.
22. Governing Law
The validity, construction, interpretation, and performance of the TOS will be governed by and construed in accordance with the domestic laws of the State of California. You and Finaeon each agree to the exclusive jurisdiction of any state or federal court sitting in Orange County, California for the purpose of any suit or action arising out of or relating to the Site, the Services, or the Agreement brought by any party.
23. Entire Agreement
The Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you and Finaeon with respect to the subject matter hereof, except that, if you are accessing or using the Site or the Services in connection with an Organization, the Organization Agreement will govern, as provided in Section 1 above; provided that, if the Organization is not directly responsible for the conduct of its Authorized Users, you will be responsible for compliance with all of the terms and conditions of this Agreement, except for Section 5 (Fees). Subject to the foregoing, the Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding its subject matter.
24. Relationship
Nothing in the Agreement will constitute or create a joint venture, partnership, or any other similar arrangement between you and Finaeon. Neither party is authorized to act as agent or bind the other party except as expressly stated in the Agreement.
25. Assignment
Finaeon may assign the Agreement in whole or in part at any time without your consent. You may not assign the Agreement or delegate any of your obligations hereunder without Finaeon’s prior written consent. Any purported assignment of the Agreement in violation of its terms will be void.
26. Severability
If any portion of any provision of the Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of the Agreement will remain in full force and effect.
27. Notices
Any notice to Finaeon that is required or permitted by the Agreement will be in writing and will be deemed effective upon receipt, when sent by confirmed e-mail to legal@finaeon.com or when delivered in person or two (2) business days after mailed by first class, registered or certified mail, postage prepaid, to:
Finaeon, Inc.
Attn: Legal Department
2 Venture, Ste. 120
Irvine, California 92618.
28. No Waiver
Failure of either party to enforce any of its rights under the Agreement will not act as a waiver of such rights.
