This finwaver.com Terms of Services is a legal agreement among you on the one hand, and finwaver.com on the other hand. The following Terms of Service govern your use of the finwaver.com website and all of the products and services offered by finwaver.com.
If you do not agree to these Terms of Service, you are not authorized to access or use the finwaver.com web site or the services provided here. By using the finwaver.com web site or the services provided thereon, you agree to be, and are, bound by these Terms of Service, as well as any additional terms, specific to the particular services for which you register. These Terms of Service may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of the finwaver.com web site and services after any such update signifies your acceptance of such modified Terms of Service.
By using this Web Site, you signify you have read and accepted the Terms of Service of this Web Site and services. If you do not agree to these Conditions, do not use the Web Site.
The finwaver.com service that allows businesses to manage their finances is maintained by Kuulchat Media trading as finwaver.com.
1. You are responsible for the privacy and storage of your username and password.
2. You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you.
3. You acknowledge that finwaver.com delivers the service via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of services within the technical constraints imposed by the above mentioned providers.
4. finwaver.com neither claims nor guarantees either availability or performance of this service. While finwaver.com makes every effort to make sure that services are always available, finwaver.com accepts no liability for unavailability of services or technical error from our services.
5. In accordance with legal requirements, usage data is recorded whenever you use our services.
6. You use the service entirely at your own risk.
7. You guarantee every end user the right to object to your processing of personal data relating to the end user and processed for the purposes of direct marketing. finwaver.com is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using finwaver.com, you acknowledge and agree that finwaver.com’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
8. You agree to defend, indemnify, and hold harmless finwaver.com, their officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the finwaver.com website and services, your violation of these Terms of Service, or your violation of any laws, regulations, or third-party rights.
9. If you do not agree with our Terms of Service or if you are not satisfied with our web site or any of the finwaver.com services, your sole remedy is to discontinue your use of the web site and services.
FINWAVER.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE FINWAVER.COM WEB SITE OR SERVICES, THE FINWAVER.COM SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE FINWAVER.COM WEB SITES OR SERVICES OR THROUGH THE FINWAVER.COM WEB SITES AND SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINWAVER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL FINWAVER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH TERRITORIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE FINWAVER.COM WEB SITES AND SERVICES. Without limiting the foregoing, finwaver.com is not responsible for any of your data residing on their hardware. You are responsible for backing-up your data and information that may reside on finwaver.com’s hardware, whether or not such information is produced through the use of the finwaver.com web site or services.
10. finwaver.com reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the finwaver.com web site and/or services at any time in its sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms of Service. finwaver.com will not be liable to you or any third party as a result of such modification or discontinuation of the finwaver.com web site or services. The provisions of these Terms of Service will survive any termination of the finwaver.com web site or services provided pursuant to these Terms of Service. You agree that from time to time the finwaver.com web site and/or services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability.
11. You acknowledge and agree that finwaver.com is the sole owner of the Service including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Personally identifiable data collected by finwaver.com in the course of fulfilling its obligations under this Agreement shall be used by finwaver.com in accordance with the then-current finwaver.com privacy policy. You acknowledge that no title to the intellectual property in the Service transfers to you as a result of your use of the Service. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of finwaver.com and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee, by finwaver.com, including without limitation, Login Credentials. Any rights not expressly granted herein are reserved.
12. You agree that the finwaver.com Service & Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Agreement, finwaver.com grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service in accordance with these Terms during the term of this Agreement.
13. No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade or cancel your service plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and finwaver.com does not accept any liability for such loss.
14. By using our subscription services, you agree that our services should be unavailable to your business for failure to renew your subscription
The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
You agree not to do any of the following:
Sell or resell the services we provide,
Copy the source code of the Service or its content,
Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, modify, decompile, alter, duplicate, or make copies of the Service, or the Site,
Access the Service by any means other than through the interfaces that are provided by finwaver.com for use in accessing the Service,
Impersonate any other person or entity, including without limitation any finwaver.com official, or misrepresent your affiliation with any other person or entity, or
Send unsolicited bulk e-mail (spam) with a link to the Service (including button code or monitor tag) or the Site, or a link to a web site that contains a link to the Service or the Site.
Modify or alter the finwaver.com widget out of the scope of the customization options available in the finwaver.com dashboard.
Remove or alter finwaver.com logo and branding from the widgets or finwaver.com pages in any way.