Date Last Revised: January 27, 2016
Thank you for using Fentury, a global, web-based money management service accessible through our website, www.fentury.com (the "Website" ) and the Fentury mobile applications ( "App" ) which is provided to you by Salt Edge Inc. and its affiliates, related companies, unaffiliated partners and/or licensors (collectively referred to herein as "Salt Edge" , "we" , "our" , or "us" ), including but not limited to the Fentury forum, blog, bulletin board, application programming interfaces ( "APIs" ), are provided subject to the following Terms of Service ( "Agreement" ). Whether you are a visitor to the Website or a subscriber to our services (collectively "Users" , "you" , "your" ), we highly recommend that you thoroughly review these Terms of Service, as updated from time to time before accessing or attempting to use our services, website or applications and during your use of the services. If you do not agree with any terms of this Agreement, you should cease use of our services immediately.
- Agreement and Acceptance of Agreement
- Your rights to use the Services
- Subscriptions and Payment Terms
- Use of Fentury Mobile Applications
- Your Personal Information and Account Information
- User Generated Content
- Additional Terms
- Disclaimer of Warranties
- Limitation of Liability
- Changes to this Agreement and the Services
- Export Restrictions
- Laws and Jurisdiction
- Contact Us
1. Agreement and Acceptance of Agreement
By deciding to use or access (either by computer, mobile or other electronic device now or hereafter devised) our Website (including the mobile enabled website), or App or any products, content or other services available as part of Fentury as further described herein (each a "Service" and collectively, the "Services"), you:
- Confirm you are not a minor in your place of residence (i.e. you are at least 18 years old); and
- agree to be bound by the terms of this Agreement as well as:
- The Fentury End User License Terms which are available at www.fentury.com/end_user_license_terms .
- Any terms provided separately to you or indicated on the Website as applying to your use of the Services. iv. Additional third party terms and conditions, rules or guidelines applicable to the Services or certain features of the Services indicated in this Agreement or in other documents on the Website or made available through the App ("Additional Terms"). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms of Service.
2. Your rights to use the Services
2.1 License Grant. The Services are subscription-based money management services providing access through a user-friendly interface to budgeting tools, automatic data imports, billing reminders, reporting and analytical tools, recurring transaction support and features for multiple currencies. The Services are protected by copyright, trade secret, and other intellectual property laws. Subject to compliance with the terms of this Agreement and payment of the applicable subscription fees, we hereby grant you a personal, limited, non-exclusive, non-transferable right and license to use our Services during the term of your subscription in accordance with the terms and conditions of this Agreement. Except for rights expressly granted to Users, we reserve all other rights, title and interest in and to the Services and the underlying technology used to provide the Services. Users acknowledge that only we shall have the right to maintain, enhance or otherwise modify the Services and our technology unless specific permissions are granted to you in a separate agreement with us.
2.2 Service Restrictions. You may use the Services solely for personal use as contemplated in this Agreement and as provided for in the App and on the Website. You shall not directly or indirectly license, sublicense, sell, resell, lease, transfer, assign, distribute, time share or otherwise make the Services available to any third party including making the Services available through any file-sharing method or any application hosting service. Users shall not, and shall not attempt to, except to the extent expressly agreed upon in writing by us:
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on our technology (including Fentury APIs and other software) except to the extent expressly agreed upon in writing by Salt Edge with the User or to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary;
- circumvent any user limits or other use restrictions that are built into the Services;
- remove any proprietary notices, labels, or marks from the Services or our technology; or
- access the Services in order to (i) build a competitive product or service; or (ii) copy any ideas, features, functions or graphics of the Services, the Website or App.
2.3 Intellectual Property. The Website, App and all content on our Services (excluding User Content as defined in Section 6.1) belong to Salt Edge Inc. and its licensors and except for the express rights granted herein, Salt Edge grants no further rights or licenses whether express or implied to you.
2.4 Security. You must provide accurate registration information and you acknowledge that it is your responsibility to secure your login and password(s) for the Services and to immediately contact us at email@example.com in case you suspect any unauthorized access to your account.
3. Subscriptions and Payment Terms
3.1 Subscription Terms.
- Subscription Types. You will be entitled to a free 30-day trial of the Services if this option is currently offered on the Website. We reserve the right to modify the length of any trial and/or to cancel or cease offering trials at any time. Monthly and annual subscription packages with different features for the Services may be viewed, together with all discounts and trials, on the Website at www.fentury.com/pricing.
- Discounts on Subscriptions. Pricing discounts are available for promoting the Services through your social media network. Such pricing discounts will be indicated on the subscription plans page of the Website and will be available only for subscriptions purchased through the Website. When making in-app purchases of subscriptions via the App which has been downloaded through Google Play or the App Store, you will be required to pay the standard subscription rate without discount.
- Cancellations; Refunds. Subscriptions can be canceled within 24 hours from purchase and a full refund will be issued. If no cancellation request has been submitted within this time-frame, then the subscription becomes non-refundable. For any refund requests in respect of an in-app purchase, the refund policy of the respective store (Google Play or App Store) will apply.
3.2 Payment Terms. The following terms are applicable for Services offered on a payment or subscription basis, unless we notify you otherwise in writing. This Agreement also incorporates by reference and includes ordering and payment terms provided to you on the Website or through the App for the Services:
- fees will be billed to you in U.S. dollars or the equivalent amount in your local currency and your account will be automatically debited at the time agreed upon by us with you when subscribing for the Services.
- we reserve the right to select the method in which to make payments for our Services. These payment methods are currently limited to payment by a valid credit or debit card acceptable to us or by using PayPal. Your PayPal account or card (as applicable) will be charged on the day Your subscription is activated. PayPal payments may be set up as monthly payments (with subscription fees automatically deducted from your PayPal account each month). You can also make one time payments using your PayPal account.
- we may suspend or terminate your account if we determine that your payment and registration information is not accurate, current, or complete and you do not notify us promptly when such information changes. We will also terminate your account promptly if we determine that you are using someone else’s information (referred to as "identity theft" ).
- Failure to notify us on any updates to your payment method (e.g., credit card expiration date) may result in denial of the Services and termination of this Agreement, your account and your right to receive the Services.
- Unless Services are suspended or terminated under this Agreement, we will automatically renew your subscription to the Services at the then-current rates. You can cancel your subscription renewal at any time using your account options.
4. Use of Fentury Mobile Applications
4.1 General Requirements. If you access our Services using the Website, no downloads are required, just a standard Internet browser and Internet connection. You may also access the Services by downloading our App to a compatible mobile device (that may require specific software). You agree that as a User you are solely responsible for these technical requirements, including but not limited to: any applicable charges, updates and additional fees and using the Services in compliance with the terms of your agreement with your mobile device and telecommunications provider. Some features of the Services will be available to work offline from your device if you have downloaded the App.
4.2 Disclaimers on App Usage. We make no warranties or representations of any kind, express, statutory or implied as to:
- whether telecommunication services from your provider will be available and accessible at any time or from any location;
- any loss, damage, or other security intrusion of the telecommunication services; and
- whether your information may be disclosed to third parties or failure to transmit any data, communications or settings connected with the Services.
4.3 Third Party App Store Terms. If you download the App through an e-commerce store such as Google Play or the App Store ( "Third Party Store" ) operated by a third party ( "Third Party Store Provider" ) the following terms apply. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 4.3, the more restrictive or conflicting terms and conditions in this Section 4.3 apply, but solely with respect to the App from the Third Party Store. You acknowledge and agree that:
- Acknowledgement: this Agreement is concluded solely between Salt Edge Inc. and you and not with the Third Party Store Provider, and Salt Edge Inc., not the Third Party Store Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive than the Usage Rules set forth for licensed applications in, or otherwise be in conflict with, the Third Party Store Terms of Service, the more restrictive or conflicting Third Party Store terms will take precedence and will apply.
- Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on a device that you own or control and as permitted by the Usage Rules set forth in the Terms of Service applicable to the Third Party Store.
- Maintenance and Support: Salt Edge Inc. and not the Third Party Store Provider is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that the Third Party Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty: Salt Edge Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the Third Party Store Provider, and the Third Party Store Provider will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, the Third Party Store Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Salt Edge Inc.
- Product Claims: Salt Edge Inc., not the Third Party Store Provider, is responsible for addressing your or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Salt Edge Inc., not the Third Party Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
Developer Contact Information:
You should direct any questions, complaints or claims with respect to the App to
Salt Edge Inc.
35 Jack Aaron Drive
- Third Party Beneficiary: You acknowledge and agree that the Third Party Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the Third Party Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
5. Your Personal Information and Account Information
5.3 Data License. By submitting Account Information and providing access to financial content, you (a) are granting Salt Edge a license to use such content for the purpose of providing the Services, including hosting and storing such content as described in this Agreement; and (b) acknowledge that you have read, understood and agree to be bound by these End User License Terms. You further understand that in performing the required technical steps to provide the Services, we may (a) transmit or distribute financial data over various public or private networks and in various media; and (b) make such changes to financial data as are necessary to conform and adapt that financial data to the technical requirements of connecting networks, devices or media. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license and that access to, disclosure of and use of the financial data in the manner contemplated will not breach the rights of any third party, including but not limited to the terms of services and security policies and requirements of any of your financial institutions. Furthermore, for purposes of providing the Account Information to you as part of the Services, you grant us a limited power of attorney, and appoint us 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 SALT EDGE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, SALT EDGE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Salt Edge is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate Account Information.
6. User Generated Content
6.1 Content Generally. We are not responsible for any materials uploaded, posted or stored through your use (or other Users’ use) of the Services (collectively "User Content" ). If you submit any User Content to us (including account and registration information as well as information on the Fentury forum (see further: Section 6.3 below), you are granting us the royalty-free, non-exclusive license to access and use that information for the purpose of providing the Services. In respect of the information you provide to the Fentury forum you grant us the royalty-free, non-exclusive license and right to publish on the Website, host and use such User Content to provide the Services and for purposes of advertising and to provide feedback to Users. You represent and warrant that you have the right to make any User Content provided to us available for the intended purposes and that such use and storage by us of such User Content will not infringe any third party rights.
6.2 Conduct and Content Rules. In using the Fentury forums or any other public posting features of the Services, you agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
Uploading, posting, emailing, transmitting or otherwise making available any User Content:
- that is unlawful, harmful, fraudulent, pornographic, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of any other person's rights including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- which is unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of direct solicitation;
- material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- that could harm minors in any way.
- impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any User Content transmitted through the Services;
intentionally or unintentionally violating any applicable local, provincial, federal
or international law, including but not limited to:
- any law limiting or regulating the export of goods and technology outside of Canada; and
- which prohibits providing material support or resources to conceal or disguise the nature, location, source, or ownership of material support;
- "stalking" or otherwise harassing another user;
- collecting or storing personal data about other Users in connection with the prohibited conduct and activities set forth in this Section; and/or
- introducing any virus, Trojan horse, worm or other disruptive or harmful software or data.
6.4 Feedback. We may freely use any suggestions, feedback or ideas you may provide. By providing any feedback to us, you are granting us a perpetual, worldwide, fully transferable, sub licensable, non-revocable, royalty free, license to use the feedback that you provide. We may put your provided feedback in various uses that may include but are not limited to modifying and improving our current and future services, improving other products, services advertising or marketing materials.
6.5 Enforcement. We reserve the right at all times to remove or refuse to distribute any User Content and to monitor User Content, but we have no obligation to do so. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our Users and the public.
6.6 Indemnification of Salt Edge. You agree to indemnify Salt Edge, its officers, directors, shareholders and employees and agents from any and all claims, suits, liabilities, damages, losses and expenses (including legal fees) that arise out of or in relation to any acts by you, including but not limited to any User Content submitted by you, or your breach of the terms of this Agreement. We reserve the right to terminate User accounts and take further action against any User found to be in violation of the Conduct and Content Rules.
7. Additional Terms
7.1 Fentury Partner Offers and Third Party Advertisers. Third parties such as banks, brokerage institutions, pension funds, tax consultants and credit card issuers (collectively, "Fentury Partner Offers" ) may offer a number of services and products that may complement your use of our Services, and may be advertised by us through the Services. For example, you may choose to access another website, purchase financial products from a third party site, or conduct transactions through third party links. We do not endorse or make any representations or warranties in relation to Fentury Partner Offers. Your acceptance to use these separate products and services, and to disclose your information is at your own risk and will be subject to the terms and conditions and privacy policies of the applicable third party. We will have no liability for any loss or damage that you may incur in connection with transactions made with third parties, including use of any Fentury Partner Offer. You should evaluate the practices of external services providers before deciding to use their services.
7.2 No Professional Advice. We do not give professional advice and unless specifically included with the Services, we are not in the business of providing legal, financial, accounting, tax, or any other professional services or advice. If you wish to have assistance for matters relating to the above professions, you should consult the services of a competent and trusted professional.
7.3 No Responsibility for Credit Files. We neither control nor are responsible for the accuracy or the content of your credit file, including but not limited to information delivered on the credit report or the score products. We do not provide any advice or assistance including but not limited to financial claims for the purpose of improving your credit report, credit history, or credit rating.
7.4 Updates on other Salt Edge Products and Services. If you have opted in to receive communications about our other products and services, we may send you communications about other services we offer to our Users from time to time. Additional terms and conditions and fees may apply to additional services offered from time to time. You may change your account settings at any time if you prefer not to receive voluntary communications like this.
8. Disclaimer of Warranties
8.2 SALT EDGE, OUR AFFILIATES AND SUPPLIERS DO NOT GUARANTEE THE ADEQUACY OF THE SERVICES, THE WEBSITE OR APP OR COMPATIBILITY AND SECURITY THEREOF TO YOUR COMPUTER EQUIPMENT AND DO NOT WARRANT THAT THE WEBSITE, THE APP, THE SERVICES, OUR SERVERS, OR ANY EMAILS OR COMMUNICATIONS TRANSMITTED VIA THE SERVICES WILL BE FREE OF VIRUSES OR SECURE AGAINST HACKING ATTACKS.
In certain jurisdictions some or all of the provisions in this Section may not be effective or the applicable law may mandate a more extensive warranty in which case the applicable law will prevail over this Agreement.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT SALT EDGE, ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SALT EDGE SYSTEMS REQUIREMENTS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION; (III) CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, THROUGH OUR APP OR MORE GENERALLY VIA THE SERVICES. THE ABOVE LIMITATIONS APPLY EVEN IF SALT EDGE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE CONTRARY THEREIN, ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER SALT EDGE NOR ANY OF ITS SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
10. Changes to the Agreement and Services
We reserve the right to change this Agreement at any time, and from time to time. The new Agreement shall be effective once it is posted on our Website or through the Services or upon notifying you by other means (e.g., via a notification to your email). We may also in our sole discretion and at any time discontinue providing the Services, or any parts of the Services, with or without notice, however this will not impact any Services which you have paid for in advance and will only apply to future Services which have not yet been purchased by you. You agree that any suspension and/or termination of our Services may be effected without prior notice, and you acknowledge and agree that your continued use of the Services after the date of changes to this Agreement or our Services indicates your agreement to the changes. The date of last update of this Agreement is set out at the top of this document.
We may in our sole discretion and without notice suspend or terminate this Agreement, your User account or use of our Website, App or Services and remove and discard any User Content within the Services for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You will not be able to continue using the Services upon termination and any outstanding payments will become due. You acknowledge that in the event of termination of this Agreement Sections 2 through 16 will survive and remain in effect and that the termination shall not affect our rights to any payments due to us. You further acknowledge that we may terminate any free account at any time and shall not be liable to you or to any other person as a result of any such suspension or termination.
12. Export Restrictions
No Services, including the mobile applications and the underlying software may be exported or re-exported. Transfer or export of such intellectual property is subject to restrictions under export control laws and regulations administered by the Canadian government. By accepting the terms of service that define this Agreement, you also agree to comply with these laws and regulations hence you will not export or re-export any part of the Services, whether directly or indirectly, or in any other manner that contravenes these laws and regulations.
13. Laws and Jurisdictions
You agree that any claims or disputes arising in relation to your use of the Services, App or Website will be governed by the Ontario provincial law and the Federal laws applicable thereto, regardless of the conflict of law provisions thereof.
If a dispute arises between us, our goal is to provide a neutral and cost effective means of resolving the dispute quickly. YOU AGREE THAT ANY DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION UNDER ONTARIO LAW, RATHER THAN COURT LITIGATION. This arbitration provision shall survive termination of this Agreement. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND SALT EDGE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to:Salt Edge Inc.
35 Jack Aaron Drive
15.1 Entire Agreement. Except as expressly provided elsewhere on our Website, this Agreement, our Privacy and Security Policy and any other documents which are stated to apply to you as a User of the Services, constitute the entire agreement between you and Salt Edge with respect to the use of our Website and Services and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15.2 Severability; Waiver. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
15.3 Assignment. You cannot assign or transfer ownership of this Agreement to anyone without our prior written approval. However we, at our sole discretion, may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of our assets; or (c) a successor by merger. However, any assignment that is in contravention of this Agreement shall be considered void.
16. Contact Us
For more information about our Services or if you have questions about these Terms of Service, please contact us at firstname.lastname@example.org.