Terms of Service - Finmatex

Please read these Terms of Service carefully before using the services and offerings provided by Softarex technologies, Inc., a Virginia corporation, d/b/a Finmatex (“FINMATEX”) through the website located at www.FINMATEX.com/ (the “Website”) as well as FINMATEX’s chatbot offered through Facebook® Messenger at https://www.messenger.com/t/FINMATEX (“Chatbot”), FINMATEX’s platform, applications, services and other offerings (together, “Offerings”).

These Terms govern your relationship with FINMATEX and use of the Offerings provided through the Website or other means, such as Facebook® Messenger.

These Terms includes FINMATEX’s Privacy Policy which is incorporated and made a part of these Terms.

Content. Acceptance of Terms of Service

FINMATEX makes the Website and Offerings, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Offerings (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Offerings you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website and Offerings.

FINMATEX, from time to time, may make changes to these Terms of Services. We will notify you about the changes by a communication through one or more Offerings, for example, Chatbot. We will ask you to acknowledge and agree with the changes to the Terms if you would like to continue using the Offerings.

You are solely responsible for all activities that occur when you are using Offerings, whether or not you know about them. By using our Offerings and providing us with your information, for example, your name and email address, you agree that we can send you communications about our services.

FINMATEX reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice.

FINMATEX also reserves the right to terminate or restrict your access to the Website and Offerings or any portion thereof for any reason whatsoever at its sole discretion.

Services

We a provide you with personal financial assistant on 24/7 basis through your most favorite social media channels.

Accounts

If you are a subscriber and wish to use one or more of our Offerings, for example, Chatbot, when beginning to use one or more FINMATEX’s Offerings, you may be given an opportunity to set up a user account. On the other hand, if you are using Chatbot you will be asked to add FINMATEX’s Chatbot to your list of contact on Facebook® Messenger. When you use Chatbot, you agree that you will supply accurate and complete information to FINMATEX, and that you will update such information as needed. This information will be held and used in accordance with FINMATEX’s Privacy Policy.

Please note that your Facebook® login information, name and profile picture may be publicly available to other subscriber and some search engines may index your name and profile photo.

Please note that if, for example, you opt to use your Facebook account to login and use our Offerings (for example, Chatbot) or interact with other user of the Offerings, FINMATEX is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you “liked,” places you visited, etc. This information you provide is used for such purposes as to interact with other users through the Offerings, improving the content of Offerings, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from FINMATEX or third party vendors.

SP Account

If you represent a financial institution, when beginning to use FINMATEX’s Offerings, you will be given an opportunity to set up a financial institution service provider account (“SP Account”). When setting up SP Account, we will ask you to provide your institution’s information and offerings. For example, SP Account information may include:

Name of the institution;
Information about products offered;
Number of branches and their location.

The service fees and other information about the contractual relationships between you institution and FINMATEX may be set forth in another agreement.

When providing your information in order to set up the SP Account, you must provide accurate and complete information in order to access various FINMATEX’s Offerings.

The following rules govern the security of your SP Account:

a. You shall not share the SP Account with any third party, or do anything else that might jeopardize the security of your SP Account;
b. In the event you become aware of or reasonably suspect any breach of security of your SP Account, you must immediately notify FINMATEX (Softarex Technologies Inc as product owner of FINMATEX);
c. You are solely responsible for all uses of your SP Account; and
d. You are solely responsible for any unauthorized use of your SP Account.

The following restrictions and conditions apply to the use of the Website or Offerings and creating and maintaining your SP Account:
Unless otherwise agreed to by FINMATEX in writing, you cannot use your SP Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; and
You shall not use your SP Account to engage in any illegal conduct.

Obligations

You agree to use the Offerings only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. FINMATEX IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF OFFERINGS DOES NOT VIOLATE APPLICABLE LAWS, RULES, OR REGULATIONS.

The Websites and Offerings, including the Content available within them is for informational purposes only. Neither the Offerings nor the Content constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any approvals, or otherwise be used in connection with procuring services or other benefits from any entity. Before making any decision or taking any action, you should consult with professional advisers.

Use of the Website and Offerings

You agree not to access (or attempt to access) the Offerings by any means other than those provided by FINMATEX or its authorized partners. You agree not to access (or attempt to access) the Offerings by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website or Offerings (or the servers and networks which are connected to the Website or Offerings).

Further, you agree:

not to disrupt or interfere with any other user’s enjoyment of the Website or Offerings or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Website or Offerings any viruses or other harmful, disruptive, or destructive files;
not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and
not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Offerings, Content, SPSP Submission, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or Offerings or any affiliated or linked sites.

Additional Terms for Facebook Mobile Application: If you use a mobile version of Facebook® Messenger when interacting with Chatbot from any application store or distribution platform (like the Apple App Store or Google Play) where the Facebook® Messenger is made available (each, an “Application Provider”), then you acknowledge and agree that:
These Terms of Use are concluded between you and FINMATEX, and not with the Application Provider, and that FINMATEX (not the Application Provider), is solely responsible for Chatbot.

The Application Provider has no obligation to furnish any maintenance and support services with respect to Chatbot.

The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to Chatbot or your possession and use of Chatbot, including, but not limited to: (i) product liability claims; (ii) any claim that Chatbot fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that Chatbot or your possession and use of Chatbot infringes that third party’s intellectual property rights, FINMATEX will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

The Application Provider and its subsidiaries are third party beneficiaries of these Terms of Use as related to your use of Chatbot, and that, upon your acceptance of the terms and conditions of these Terms, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the Application against you as a third party beneficiary thereof.

You must also comply with all applicable third party terms of service when using Chatbot.
You agree to comply with all applicable laws and regulations.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Offerings (for example, Chatbot) by a financial institution service provider (“SP Submission”) will be subject to these Terms of Service and Privacy Policy. The security of such information is very important to us, but FINMATEX takes no responsibility and assumes no liability for any SP Submissions posted by the financial institution service provider. We may not monitor or control the SP Submissions posted via Chatbot or any other Offering and, we do not take responsibility for such SP Submissions. Any use or reliance on any SP Submissions or materials posted via Chatbot or any other Offering or obtained by you through Chatbot or any other Offering is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it via Chatbot or any other Offering. YOU HEREBY ACKNOWLEDGE AND AGREE THAT FINMATEX IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST THROUGH THE OFFERINGS.

When you provide SP Submission via our Chatbot or any other Offering, you hereby grant to FINMATEX a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your SP Submission in connection with our Offerings. We will not pay you or otherwise compensate you for any SP Submission you provide to FINMATEX, unless it is otherwise agreed between you (or your organization) and FINMATEX in a written agreement.

Links to Other Sites. Third Party Materials and Transactions

The Website and Offerings may include links to other Websites and/or third party products or materials of third parties, including other users, and that are not under FINMATEX’s control (collectively, “Third Party Materials”). FINMATEX shall not be responsible in any way for such Third Party Materials. FINMATEX provides such links only for the convenience of the users of the Website and Offerings, and the inclusion of any link to any Third Party Materials does not imply endorsement by FINMATEX of the content, products and/ or services of such Third Party Materials.

Third Party Materials may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Offerings or these Terms grants you any right, title or interest in or to this Third Party Materials except for the limited right to use the Offerings as set out in these Terms.

We neither control nor endorse, nor are responsible for, any Third Party Material and we make no representations or warranties with respect to them. The availability of any Third Party Material through the Offerings does not imply the endorsement of, or affiliation with, any provider of such Websites or materials.
Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).

You acknowledge and agree that the Offerings provided to you via Offerings (including Chatbot) may enable you to make purchases and obtain third party products and services from the financial institution service providers (each a “Transaction”). You further acknowledge and agree that FINMATEX is not responsible for the quality or any other aspect of services of any third party, for example, the financial institution service providers or other user and shall not have any liability or responsibility to you or any other third person with regard to products or services obtained through FINMATEX’s Offerings, including Chatbot. You acknowledge and agree that any dispute regarding the Transaction shall be between you and that third party, such as the financial institution service provider or another user, and not against FINMATEX.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Offerings, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding SP Submission) rest with FINMATEX and/or its licensors. Unless otherwise specifically provided herein or authorized by FINMATEX in writing, all rights in the Website, Offerings and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, or Offerings, other than in conjunction with the Offerings offered by FINMATEX.

FINMATEX hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website and/or Application are the properties of their respective owners. FINMATEX disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FINMATEX HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE OR OFFERINGS OR THE CONTENT. FINMATEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE OR OFFERINGS, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FINMATEX DOES NOT WARRANT THAT THE WEBSITE OR OFFERINGS, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE OR OFFERINGS AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FINMATEX ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. EXCEPT AS AGREED BY FINMATEX IN WRITING, CONTRACTORS, AGENTS, DEALERS OR DISTRIBUTORS OF FINMATEX OR ANY OTHER THIRD PARTY SHALL NOT HAVE A RIGHT TO MODIFY THIS LIMITED WARRANTY, NOR TO MAKE ANY ADDITIONAL WARRANTIES.

THE USE OF THE WEBSITE OR OFFERINGS OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR OFFERINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FINMATEX ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR OFFERINGS OR PRODUCTS OFFERED THROUGH THE WEBSITE OR OFFERINGS. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINMATEX OR FROM THE WEBSITE OR OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

IN NO EVENT SHALL FINMATEX OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE OR OFFERINGS OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR OFFERINGS, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE OR OFFERINGS THAT ARE DELAYED OR INTERRUPTED, EVEN IF FINMATEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FINMATEX PERTAINING TO OR IN CONNECTION WITH THE WEBSITE OR OFFERINGS MUST BE COMMENCED AND NOTIFIED TO FINMATEX IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (I) ALL INFORMATION PROVIDED BY YOU TO FINMATEX IN CONNECTION WITH THE WEBSITE OR OFFERINGS IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (II) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (III) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FINMATEX; (IV) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (V) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (VI) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND/OR SERVICES AND THAT IS NOT PROVIDED BY FINMATEX DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Unlawful or Prohibited Use

You may not use the Website or Offerings for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Offerings. You may not use the Website or Offerings in any manner that could damage, disable, overburden, or impair the Website or Offerings, or that interferes with any third party’s use and enjoyment of the Website or Offerings. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website or Offerings. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by FINMATEX to all users of t the Website or Offerings. You shall not institute, assist, or become involved in an attack upon any FINMATEX server or otherwise attempt to disrupt the FINMATEX servers. ANY ATTEMPT BY YOU TO DAMAGE FINMATEX’S OFFERINGS OR UNDERMINE THE LEGITIMATE OPERATION OF FINMATEX IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, FINMATEX RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless FINMATEX, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.

Privacy

FINMATEX respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this the Website or Offerings.

Ending Your Relationship with FINMATEX

These Terms of Service will continue to apply until terminated by either you or FINMATEX or as otherwise provided by the applicable agreement between you and FINMATEX. FINMATEX reserves the right to terminate these Terms of Service with you at its own discretion at any time, and without any liability to FINMATEX whatsoever.

If you a subscriber and wish to terminate these Terms of Service and the use of one or more Offerings, you must terminate using the Offerings and remove the Offerings from your system, and/or device. If you are the financial institution service provider, the termination of your relationship with FINMATEX may be is governed by a written agreement, which is controlling in this case.

If you are using Chatbot, you may terminate these Terms by removing Chatbot from your list of contacts on the Facebook® messenger.

Assignment

FINMATEX may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without FINMATEX’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website or Offerings are not available for any period or any time, FINMATEX shall not be liable. FINMATEX gives no warranties as to the accessibility, performance, or availability of the Website or Offerings. Temporary suspension of access to the Website or Offerings may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. FINMATEX reserves the right to suspend the operation of the Website or Offerings. You agree that neither FINMATEX nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Offerings.

Force Majeure

FINMATEX will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FINMATEX.

Agreement to Deal Electronically

All transactions with or through the Website or Offerings may, at FINMATEX’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Offerings. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Service may cause FINMATEX immediate and irreparable harm and damages. As a result, FINMATEX has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to FINMATEX in law or in equity, FINMATEX may seek specific performance of any term in these Terms of Service.

Governing Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. You agree that these Terms of Service are to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on these Terms of Service, or arising out of or related to these Terms of Service or any alleged breach thereof, shall be prosecuted exclusively in the courts of the Commonwealth of Virginia and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that FINMATEX, as claimant, shall be entitled to initiate proceedings in any court of competent jurisdiction.

Any proceedings to resolve or litigate any dispute in any forum in connection with these Terms of Service shall be conducted solely on an individual basis. Neither you nor FINMATEX shall seek to have any dispute or controversy in connection with these Terms of Service heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Parties further agree that no proceeding shall be combined with another proceeding without the prior written consent of the other party.

No action, regardless of form, arising out of the transactions under these Terms of Service, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

FINMATEX does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites breaches national law of any country. Those who access the Website or Offerings do so at their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at legal@softarex.com Please also read our Privacy Policy.