These Terms constitute a legally binding agreement between you and Forma Viva Limited, Victoria, Seychelles, registered in the Registrar of International Business Companies No. 238994, the administrator of FinUp Platform website and FinUp trademark and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Forma Viva,” “FinUp”, “we,” “us,” or “our”) governing your use of FinUp’s website and service, or services directly related to FinUp’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered, the FinUp website, Events (as defined in Section VI below) sponsored or facilitated by FinUp (collectively, the “Service” or “Services”).
By accessing and/or using our Services, whether or not you register for a membership, you are agreeing to the Terms, the terms and conditions of our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Governing Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
You must be at least 18 years of age to create an account on FinUp or any FinUp owned or operated platforms and to use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. and EU or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you watch or participate in classes or other content that is appropriate for you.
Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
Additional Terms Related to Financial Services
Funds Handling and Security
A. Subscriptions and Payments
B. Free Trials and Other Promotions or Sales
From time to time, we or others on our behalf may offer trials for a specified period without payment or at a reduced rate (a “Trial”). FinUp reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring monthly or annual basis, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through either your payment settings within your FinUp account profile, or through the account settings of any other FinUp owned or operated platform for which you began a Trial.
We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Promotional or sale prices will typically be limited to a specified period of time (for example, one year for discounts on annual subscriptions).
C. Refunds
FinUp has no obligation to consider or grant refund requests.
We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms (as determined in our sole discretion), including users who have been deactivated for the same.
D. Cancellation
You may cancel your FinUp membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method.
If you cancel your FinUp membership, you will lose access to all Services enrolled in during your FinUp membership at the end of your billing period.
To use the Service, you must agree to comply with the following:
All right, title, and interest in and to the FinUp Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service are and will remain the exclusive property of FinUp and its licensors. Our Services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the FinUp name or any of the FinUp trademarks, logos, domain names, and other distinctive brand features.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS WE GRANT YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, AND REVOCABLE LICENSE TO ACCESS AND USE THE SERVICES FOR YOUR PERSONAL, NONCOMMERCIAL, AND EDUCATIONAL USE, SOLELY AS EXPRESSLY PERMITTED BY THESE TERMS AND SUBJECT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS AND OTHER GOVERNING DOCUMENTS, ALL APPLICABLE LAWS, AND ANY ADDITIONAL TERMS CONTAINED ON THE SERVICE. ANY OTHER USE OF THE SERVICES IS STRICTLY PROHIBITED. NOTHING CONTAINED ON THE SERVICES SHOULD BE INTERPRETED AS GRANTING TO YOU ANY LICENSE OR RIGHT TO USE ANY OF THE SERVICES, USER CONTENT (AS DEFINED BELOW), AND/OR ANY THIRD-PARTY PROPRIETARY CONTENT ON THE SERVICES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FINUP OR THE RELEVANT THIRD-PARTY OWNER, AS APPLICABLE. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FINUP.
FinUp may inform you of and/or host a live event (“Event”) from time to time, for which you may be given or may be able to purchase tickets or other means of admission (each, a “Ticket”). The contract for the purchase or provision of a Ticket to an Event is formed when FinUp, or a third-party partner acting on FinUp’s behalf, sends you a confirmation email stating that you have been given a ticket or other means of admission.
You authorize us to charge your payment method for such a transaction, where applicable. By submitting an offer to purchase and providing us, or a third-party partner acting on our behalf, with your payment method at checkout, you authorize FinUp (acting by its payment processor) to charge that payment method to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for a Ticket does not have sufficient funds to cover all costs of that order.
FinUp is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase or fail to attend the Event. Should an Event be canceled, you will be entitled to a full refund of the price paid for any Tickets you purchased for that Event.
A Ticket is a personal revocable license which may be withdrawn, and admission refused, at any time, subject to these Terms and any terms related to the Event or on the Ticket itself. Before you purchase a Ticket, FinUp or the hosting Teacher will generally inform you of any restrictions which apply to entry. FinUp will not be responsible for the consequences of any failure by you to abide by such information provided pre-purchase. Ticket holders may also be ejected from an Event at any time if FinUp employees or an event organizer or those working on their behalf determines that the Ticket holder is acting in contravention of the law, is a safety or security risk, may affect the enjoyment of others at the Event, or may cause damage, nuisance, or injury.
Please read this section carefully. It affects your legal rights, including your right to file or participate in a lawsuit in court.
(1) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and FinUp, FinUp is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: legal@FinUp.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with FinUp. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and FinUp agree to the further Dispute resolution provisions below.
This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Failure to engage in this process could result in the award of fees against you in arbitration. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.
(2) Mutual Arbitration Agreement. If the informal dispute resolution procedure in Subpart (1) does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the ICC Arbitration Rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@FinUp.com. If you are a FinUp account holder, any demand initiating arbitration, whether filed by you or FinUp, must include the email address you used to create an account with FinUp.
Except as set forth below, you and FinUp agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against FinUp and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees (all such individuals and entities collectively referred to herein as the “FinUp Entities”) arising out of or relating to the Services or these Terms–including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees–(each a “Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section VIII (the “Arbitration Agreement”).
This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.
The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.
You hereby acknowledge and agree that by agreeing to these Terms and Arbitration Agreement, you and FinUp are each waiving the right to a trial by a jury to the maximum extent permitted by law.
(3) Class Arbitration and Collective Relief Waiver. You and FinUp acknowledge and agree that, to the maximum extent allowed by law, any arbitration shall be conducted in an individual capacity only and not as a class or collective arbitration and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if FinUp provides its consent to consolidate in writing.
With the exception of this Subpart (3) and Subpart (6) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of ICC, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subpart (3) or Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor FinUp shall be entitled to arbitrate their dispute.
(4) Arbitration Rules. The arbitration will be administered by ICC and conducted before three arbiters in accordance with the rules of ICC, including, as applicable, ICC Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with ICC, excluding any rules or procedures governing or permitting class or representative actions. If ICC is not available to arbitrate, the parties will select an alternative arbitration provider.
(5) Arbitration Location and Procedure. Arbitration shall be held (i) at a location determined under the applicable ICC rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon.
The arbitrator shall apply German law and shall honour claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
(6) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to ICC against FinUp (“Mass Filing”), the parties agree (i) to administer the Mass Filing in sequential batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches is filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by FinUp and the claimants, shall only be due after your demand for arbitration is included in a batch proceeding and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vii) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or FinUp may cease arbitration and file in a court of competent jurisdiction.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with FinUp and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by ICC in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims.
The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor FinUp shall be entitled to arbitrate any claim that is a part of the Mass Filing.
(8) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. The arbitrators will render an award within the time frame specified in the applicable ICC rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Section X “Disclaimer of Warranties” and Section XI “Limitation of Liability” as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
You may only resolve your dispute with FinUp on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Except as described in Section VIII(6), class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN (WHETHER HOUSED ON THE SERVICE ALONE OR ALSO ON A THIRD-PARTY PLATFORM) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS OR EVENT THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE, FROM US OR OUR AFFILIATES, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
IN THE EVENT THAT ANY CONTENT AVAILABLE ON THE SERVICE IS ALSO AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, OR IF FINUP PROVIDES LINKS FROM THE SERVICE TO ANY THIRD-PARTY PLATFORM OR PERMITS ANY THIRD-PARTY TO LINK FROM ITS PLATFORM TO THE SERVICE, YOU UNDERSTAND AND AGREE THAT FINUP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR PLATFORMS. SUCH PLATFORMS ARE NOT UNDER THE CONTROL OF FINUP, AND FINUP PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU.
FINUP DOES NOT (I) DIRECTLY OR INDIRECTLY PRACTICE FINANCIAL PLANNING, (II) DISPENSE FINANCIAL SERVICES, (III) PROVIDE FINANCIAL ADVICE, OR (IV) OTHERWISE CONVEY FINANCIAL OPINIONS. YOU AGREE AND UNDERSTAND THAT FINUP ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT OFFERED ON THE SERVICE.
IN NO EVENT SHALL FINUP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FINUP PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, ANY EVENT, OR ANY WEB SITE OR THIRD-PARTY PLATFORM REFERENCED OR LINKED TO FROM THE SERVICE OR THAT OTHERWISE DISPLAYS FINUP-AFFILIATED CONTENT.
FURTHER, NEITHER WE, NOR ANY OTHER FINUP PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS, EVENT, OR OTHER THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR THROUGH A THIRD-PARTY PLATFORM. YOU AGREE THAT FINUP IS NOT PARTY TO ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY YOU ACCESS VIA THE FINUP PLATFORM OR WEBSITE AND CANNOT BE HELD RESPONSIBLE FOR ANY ISSUES ARISING FROM ANY SUCH TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE ACCURACY OR VALIDITY OF ANY STATEMENT, CLAIM, OR OFFERING MADE BY A THIRD PARTY, NOR DO WE GUARANTEE THE PERFORMANCE OR CONDUCT OF THIRD PARTY.
WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING THIRD PARTIES YOU MIGHT INTERACT WITH DURING USING OUR SERVICES. FINUP GENERALLY DOES NOT SUPERVISE THIRD PARTY SERVICES AND IS NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY THIRD PARTY. WE GENERALLY DO NOT HAVE CONTROL OVER THE ACTIONS OF THE THIRD PARTY, AND WE REQUIRE THAT OUR USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN YOU ACCESS OR USE THIRD PARTY SERVICES. SOME THIRD-PARTY SERVICES MAY CARRY INHERENT RISK AND BY USING THESE SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ACKNOWLEDGE AND AGREE THAT BY PARTICIPATING IN ANY THIRD-PARTY SERVICES YOU MAY BE EXPOSED TO A VARIETY OF RISKS AND HAZARDS, WHICH MAY OR MAY NOT BE FORESEEN. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH YOUR PARTICIPATION IN THIRD PARTY SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND HOLD HARMLESS FINUP AND EACH OF THE OTHER FINUP PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY THIRD PARTY SERVICES, INCLUDING AS IT RELATES TO THE ACTS OR OMISSIONS OF ANY THIRD PARTY USED BY FINUP TO FACILITATE THE SERVICE OR ANY PAYMENTS RELATED THERETO. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS, AND ASSIGNS.
FINUP IS A ONE-STOP SOLUTION THAT COMBINES ON ITS PLATFORM ACCESS OPTIONS TO OTHER THIRD PARTIES THAT HAVE A LICENSE TO OFFER SERVICES. FINUP IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES. AS A USER, YOU ARE EXPRESSLY AWARE THAT FINUP DOES NOT MANAGE, CONTROL OR IN ANY OTHER WAY INFLUENCE THE FATE OF ANY FUNDS OR ASSETS THAT YOU TRANSFER TO THE CUSTODY OR USE OF THIRD-PARTY SERVICES. FINUP WILL NEVER ACCEPT FUNDS OTHER THAN FUNDS TO PAY FOR THE USE OF FINUP SERVICES ON THE FINUP PLATFORM.
USING THE BINANCE LINK PROGRAM AND ENGAGING WITH THIRD PARTIES THROUGH THE BINANCE LINK PROGRAM REQUIRES YOU TO AGREE TO THE TERMS AND CONDITIONS OF BINANCE AND RELATED THIRD PARTIES. YOU ARE EXPRESSLY AWARE THAT YOUR BUSINESS RELATIONSHIP WITH THIRD PARTIES IS REGULATED BY THEIR TERMS AND CONDITIONS, WHICH FINUP HAS NO INFLUENCE ON. USE OF THIRD-PARTY SERVICES MAY BE SUBJECT TO KYC AND AML POLICIES REQUIRED EITHER BY LAW OR BY THIRD-PARTY TERMS AND POLICIES. FINUP DOES NOT COLLECT AML AND KYC DATA AND HAS NO OBLIGATIONS REGARDING THE COLLECTED PERSONAL DATA. FINUP ALSO DOES NOT ASSUME ANY RESPONSIBILITY REGARDING THE REJECTION OF THIRD-PARTY SERVICES TO YOU DUE TO KYC RULES AND AML POLICIES.
Upon a request by us, you agree to defend, indemnify, and hold us and the other FinUp Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that the Service shall be deemed a passive interactive service based solely in the state of Seychelles and shall not give rise to personal jurisdiction over FinUp, either specific or general, in jurisdictions other than Seychelles. These Terms, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of Seychelles, without regard to conflicts of law principles. You agree that any legal action or proceeding between FinUp and you for any purpose concerning these Terms, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Seychelles, and you submit to personal jurisdiction therein and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
These Terms, together with any other Governing Documents published from time to time, constitute the entire agreement between you and FinUp concerning the Service and the services provided by FinUp. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. FinUp's failure to insist upon or enforce strict performance of any provision of these Terms or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
FinUp may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of FinUp or to another third party in the event that some or all of the business of FinUp is transferred to such other third party by way of merger, sale of its assets, or otherwise.
Most communication between FinUp and you will be sent and received electronically. You agree that all electronic communication between FinUp and you shall satisfy any legal requirements that such communications be in writing. FinUp's official contact email address is info@finup.ai .