Terms of Service

These terms and conditions apply to the HRM Fintility app (hereby referred to as "Application") for mobile and web that was created by Fintility Technologies Company (hereby referred to as "Service Provider") as a Commercial service.

Acceptance of Terms

Upon downloading, accessing, or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application.

Intellectual Property Rights

Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

Modifications and Charges

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

Data Security and Device Safety

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your device and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your device, which involves removing software restrictions and limitations imposed by the official operating system. Such actions could expose your device to malware, viruses, malicious programs, compromise your device's security features, and may result in the Application not functioning correctly or at all.

Internet Connection Responsibility

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your internet or mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of internet access or if you have exhausted your data allowance.

If you are using the Application outside of a Wi-Fi area, please be aware that your internet or mobile network provider's agreement terms still apply. Consequently, you may incur charges from your provider for data usage during the connection to the Application, or other third-party charges. By using the Application, you accept responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device or internet service on which you are using the Application, they assume that you have obtained permission from the bill payer.

Device Maintenance

Similarly, the Service Provider cannot always assume responsibility for your usage of the Application. For instance, it is your responsibility to ensure that your device remains charged and properly connected to the internet. If your device runs out of battery or loses connectivity and you are unable to access the Service, the Service Provider cannot be held responsible.

Disclaimer of Warranty

The Application is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. To the fullest extent permissible by law, the Service Provider disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

The Service Provider does not warrant that: (a) the Application will meet your requirements; (b) the Application will be uninterrupted, timely, secure, or error-free; (c) any defects or errors will be corrected; or (d) the Application or server that makes it available is free of viruses or other harmful components.

Limitation of Liability

In no event shall the Service Provider, its directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Application or these Terms of Service, even if the Service Provider has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the Service Provider's total liability to you shall not exceed the amount paid by you for the Application in the 12 months preceding the claim, or if you have not made any payments, $100 USD.

User Responsibilities and Conduct

You agree to use the Application only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Application. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or interrupting the normal flow of dialogue within the Application.

You are prohibited from:

• Creating multiple accounts to evade restrictions or suspensions
• Attempting to gain unauthorized access to the Application or its systems
• Using the Application for illegal activities or commercial purposes without permission
• Sending unsolicited communications or spam
• Engaging in any form of harassment, threats, or abuse
• Attempting to defraud or deceive other users

Termination of Service

The Service Provider reserves the right to terminate or suspend your account and access to the Application immediately, without prior notice, for any reason, including but not limited to: (a) violation of these Terms of Service; (b) unlawful or fraudulent activity; (c) infringement of intellectual property rights; or (d) other conduct that the Service Provider deems inappropriate.

Upon termination, your right to use the Application ceases immediately. The Service Provider is not obligated to provide refunds for any payments made prior to termination, except as required by applicable law.

Payment and Refunds

If the Application or certain features are subject to fees, you authorize the Service Provider to charge the applicable fees to your payment method. The Service Provider will provide clear notice of any charges before your payment method is charged.

Refund Policy: Requests for refunds must be made within 30 days of payment. The Service Provider will review refund requests on a case-by-case basis. Refunds are not available for services that have already been fully delivered or used. Any approved refunds will be processed to your original payment method within 7-10 business days.

Subscription fees, if applicable, renew automatically unless cancelled. You can cancel your subscription at any time through your account settings, and cancellation will take effect at the end of your current billing period.

Prohibited Activities

You may not:

• Use any automated tools, scrapers, or bots to access or collect data from the Application without permission
• Attempt to reverse engineer, decompile, or modify the Application or its source code
• Use the Application to transmit viruses, malware, or any code of destructive nature
• Interfere with or disrupt the integrity or performance of the Application or third-party services
• Attempt to circumvent security measures or access control mechanisms
• Use the Application for purposes that violate local, state, national, or international laws or regulations

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of the Application shall be resolved through binding arbitration in accordance with the rules of arbitration in your jurisdiction, rather than in court.

Prior to initiating arbitration, you agree to attempt to resolve the dispute informally by contacting the Service Provider at support@fintilty with a detailed description of the dispute. If the dispute is not resolved within 30 days, either party may initiate arbitration proceedings.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where the Service Provider is located, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Entire Agreement

These Terms of Service, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Service Provider regarding your use of the Application and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

Amendment to Terms

The Service Provider reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Application. Your continued use of the Application following the posting of revised Terms of Service constitutes your acceptance of the revised terms. If you do not agree with the modified terms, you must discontinue your use of the Application.

Indemnification

You agree to defend, indemnify, and hold harmless the Service Provider, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and vendors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms of Service; (b) your violation of any applicable law or regulation; (c) your use of the Application in violation of these Terms; (d) user-generated content you provide or submit; (e) your violation of any third-party rights; or (f) any other matter for which you are responsible under these Terms.

Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms of Service if such failure or delay is due to causes beyond their reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, government actions, civil unrest, strikes, labor disputes, internet outages, power failures, or other force majeure events. The affected party shall notify the other party of the force majeure event and its expected duration as soon as reasonably possible.

Assignment and Transfer of Rights

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms of Service without the prior written consent of the Service Provider. Any attempted assignment without consent is void. The Service Provider may assign, transfer, or delegate these Terms to any successor, affiliate, or third party in connection with a merger, acquisition, sale of assets, bankruptcy, or other corporate transaction, provided that such assignment does not materially affect your rights or significantly increase your obligations.

Accessibility Compliance

The Service Provider is committed to making the Application accessible to individuals with disabilities in compliance with applicable accessibility standards and regulations, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter accessibility issues while using the Application, please report them to support@fintilty so that the Service Provider can take corrective measures.

State Privacy Rights and CCPA Compliance

For users residing in California, the California Consumer Privacy Act (CCPA) grants you the following rights: (a) the right to know what personal information is collected and how it's used; (b) the right to delete personal information; (c) the right to opt out of the sale or sharing of personal information; and (d) the right to non-discrimination for exercising your rights. Similar rights may apply under other state privacy laws including CPRA, VCCPA, and others. To exercise these rights, contact support@fintilty with your request.

Export Controls and Sanctions Compliance

You agree not to access, use, or permit use of the Application in any jurisdiction or manner that violates applicable export control laws, sanctions regulations, or international trade restrictions. You acknowledge that the Service Provider is subject to export control regulations and sanctions laws, and you will comply with all applicable restrictions and licensing requirements when accessing the Application from outside your country of residence.

Survival of Terms

The provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to: limitations of liability, indemnification, intellectual property rights, confidentiality, dispute resolution provisions, and any other provisions that expressly or by their nature are intended to apply after termination or expiration.

Detailed Limitation of Liability and Damages Exclusions

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR: (a) loss of profits, revenue, or anticipated savings; (b) loss of business, data, or use; (c) loss of goodwill or reputation; (d) punitive, indirect, incidental, special, or consequential damages; (e) damages arising from non-receipt or delayed receipt of communication; (f) damages resulting from server downtime, technical failures, or service interruptions; (g) damages from third-party services or content; (h) damages resulting from your violation of these Terms; (i) damages from unauthorized access to your account; or (j) any other damages not directly foreseeable or reasonably foreseeable by the Service Provider at the time these Terms were accepted.

These limitations apply even if the Service Provider has been advised of the possibility of such damages, and even if limited remedies fail of their essential purpose. Some jurisdictions do not permit exclusion of implied warranties or limitation of certain damages, so these limitations may not apply to you in such jurisdictions.

Regulatory Compliance and Industry Standards

The Service Provider complies with applicable laws and regulations in all jurisdictions where the Application is offered or used. The Service Provider adheres to industry standards and best practices, including but not limited to ISO 27001 for information security, SOC 2 Type II compliance for service provider controls, and OWASP standards for application security.

Users must comply with all applicable laws in their jurisdiction when using the Application. The Service Provider retains the right to modify security practices, compliance standards, and technical controls to meet evolving regulatory requirements or security threats.

Multi-Jurisdictional Legal Considerations

Given the global nature of the Application, users located in different jurisdictions are subject to different regulatory frameworks. These Terms of Service must be interpreted and applied in a manner consistent with applicable laws in the user's jurisdiction. Where there is conflict between these Terms and local law, the more protective provision for users shall prevail to the extent required by law.

Users with questions about jurisdiction-specific legal requirements should consult with legal counsel in their jurisdiction. The Service Provider makes no representations regarding the legality or appropriateness of the Application for use in specific jurisdictions.

Dispute Escalation and Remedies Available

For any dispute with the Service Provider regarding these Terms of Service: LEVEL 1 - Informal Resolution: Contact support@fintilty with detailed information about your dispute. The Service Provider will respond within 5 business days with an initial assessment. LEVEL 2 - Escalation: If not resolved within 15 days, the matter will be escalated to the Service Provider's Legal Department for further review and potential resolution. LEVEL 3 - Mediation: Either party may initiate non-binding mediation through a mutually agreed mediator or mediation service. LEVEL 4 - Arbitration: If mediation fails, the matter proceeds to binding arbitration as specified in these Terms.

No Third-Party Beneficiaries

These Terms of Service are entered into solely between you and the Service Provider. No third party has any rights to enforce or benefit from these Terms, except as expressly provided herein or where such third-party beneficiary rights are required by applicable law. Any attempt by a third party to enforce or claim benefits under these Terms is void and unenforceable.

System Requirements and Technology Standards

The Application requires specific system capabilities and software versions to function properly. Minimum requirements include: compatible operating system; minimum RAM and storage; stable internet connection; updated browser or app version; and disable security software that may interfere. The Service Provider provides system requirements information but does not warrant that the Application will function on all devices or configurations.

Users are responsible for maintaining compatible systems. The Service Provider reserves the right to modify system requirements, deprecate support for older operating systems, or discontinue support for specific devices without liability.

Comprehensive Intellectual Property Rights and Licensing

All intellectual property rights in the Application, including but not limited to: software code; user interface design; trademarks; service marks; logos; domain names; databases; documentation; and all improvements and modifications, are exclusively owned by or licensed to the Service Provider. You receive only a limited, non-exclusive, non-transferable, revocable license to use the Application in accordance with these Terms.

Any reverse engineering, decompilation, disassembly, or other attempt to derive the source code, algorithms, or trade secrets violates your license and may result in immediate termination, legal action, and damages. Any modifications to the Application constitute infringement of intellectual property rights.

Content Standards and User-Generated Content

Users may not submit or upload any content that: violates any law or regulation; infringes third-party rights; contains malware or malicious code; is sexually explicit or obscene; promotes violence, discrimination, or hatred; constitutes harassment or threats; impersonates others; contains misleading or false information; or violates these Terms.

The Service Provider may remove content at its discretion without notice. User-generated content remains your property, but by submitting it, you grant the Service Provider a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display the content for service improvement and operation purposes.

Service Levels and Performance Expectations

While the Service Provider strives to maintain high availability and performance, the Application is provided on an AS-IS basis without specific service level guarantees except where expressly provided in a separate Service Level Agreement. The Service Provider does not guarantee: (a) 100% uptime; (b) error-free operation; (c) compatibility with all devices; (d) response times for support requests; or (e) specific performance benchmarks.

Scheduled maintenance may cause temporary service interruptions. The Service Provider will attempt to provide notice but does not guarantee advance notification for emergency maintenance.

Contact and Support

If you have any questions regarding these Terms of Service, require technical support, wish to report a violation, or need to submit legal notices, please contact: