Terms of Use
This Agreement was last revised on October 1, 2021, and was first made effective on September 23, 2021.
Welcome to FinRoth.com, a centralized hub and task manager that serves as the easiest way to communicate the financial components of your business to investors, advisors or other stakeholders provided by Chisel Technologies, Inc. (“Chisel Tech Lab®”, “Chisel®”, “we,” or “us”). This Terms of Use Agreement (“Agreement”) describes the terms and conditions that govern your use of and participation in FinRoth services. FinRoth services include our web site, web widgets, feeds, mobile device software applications (the “FinRoth Software”), 4eapplications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by FinRoth (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE FINROTH SOFTWARE. BY USING THE FINROTH SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE FINROTH SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF NOT PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE”, IT WILL BE UNDERSTOOD THAT THE INITIAL, ACTIVE AND CONTINUAL USE OF THIS SOFTWARE IS DEEMED TO BE INTERPRETED AS AN AGREEMENT. IF YOU ACQUIRED THE FINROTH SOFTWARE AS PART OF A BUNDLE PACKAGE PURCHASE OF ANOTHER SOFTWARE OR SERVICE, THE INITIAL USE AND CONTINUAL USE OF THIS SOFTWARE SERVES AS AN AGREEMENT OF BOTH ITS TERMS OF USE AND PRIVACY POLICIES.
IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
1. General.
A. The FinRoth software, any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on FinRoth-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “FinRoth Software”) are licensed, not sold, to you by Chisel Technologies Inc. (“Chisel Tech Lab”) for use only under the terms of this License. FinRoth and/or Chisel Technologies’s licensors retain ownership of the FinRoth Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any FinRoth-branded application software product that may be preinstalled along with other software you’ve purchase, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product.
B. FinRoth, at its discretion, may make available future upgrades or updates to the FinRoth Software to enhance the usability of your service. Upgrades and updates, if any, may not necessarily include all existing software features or new features that FinRoth releases for newer or other versions of the software. The terms of this License will govern any software upgrades or updates provided by FinRoth that replace and/or supplement the original FinRoth Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
C. Title and intellectual property rights in and to any content displayed by or accessed through the FinRoth Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. Preinstalled and Single-Copy FinRoth Software License. Subject to the terms and conditions of this License, unless you obtained the FinRoth Software through an automatic download or under a volume license, maintenance or other written agreement from FinRoth or its parent company, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the FinRoth Software at any one time. For example, these single-copy license terms apply to you if you obtained the FinRoth Software preinstalled along with another service purchase.
B. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one FinRoth board to another FinRoth board, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another board, unless you already have a licensed copy of such software on both boards. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may or may not be compatible with this Software and installation of this FinRoth Software may affect the availability and usability of such third party software or services.
C. Open Source. There is currently no component of the FinRoth Software that uses any third party open source programs included. In the event that the FinRoth Software uses any open space code, the code will have been or may be made available by FinRoth on its Open Source web site (https://www.opensource.finroth.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified FinRoth Software is used, in place of the unmodified FinRoth Software, on FinRoth boards you own or control, as long as each such FinRoth account has a properly licensed copy of the FinRoth Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. FinRoth is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified FinRoth Software. You expressly acknowledge that if failure or damage to FinRoth boards results from modification of the Open-Sourced Components of the FinRoth Software, such failure or damage is excluded from the terms of the FinRoth warranty.
D. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the FinRoth Software or any services provided by the FinRoth Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the FinRoth Software).
E. Compliance with Laws. You agree to use the FinRoth Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the FinRoth Software and Services. Features of the FinRoth Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the FinRoth Software and Services.
F. Third Party Software. Chisel Technologies, Inc. has provided as part of the FinRoth Software package, and may provide as an upgrade, update or supplement to the FinRoth Software, access to certain third party software or services as a convenience. To the extent that the FinRoth Software contains or provides access to any third party software or services, Chisel Technologies, Inc. has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.
G. Automatic Updates. The FinRoth Software will periodically check with Chisel Technologies, Inc. for updates to the FinRoth Software. If an update is available, the update may automatically download and install onto your device and, if applicable, your peripheral devices. By using the FinRoth Software, you agree that FinRoth may download and install automatic updates onto your device and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences.
H. Sales Tax. This product is for exclusive use of registered businesses in the United States. The FinRoth service is bound by the laws of the United States of America. Starting in 2021, some states and domestic territories have imposed a sales tax on the purchase of digital products.
3. Transfer.
A. If you obtained the FinRoth Software preinstalled along with the purchase of another software as part of a third party bundle purchase or through a software update, you may make a one-time permanent transfer of all of your license rights to the FinRoth Software (in its original form as provided by FinRoth) to another party, provided that: (i) the FinRoth Software is transferred together with your bundle software; (ii) the transfer must include all of the FinRoth Software, including all its component parts and this License; (iii) you do not retain any copies of the FinRoth Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the FinRoth Software reads and agrees to accept the terms and conditions of this License. For purposes of this License, if FinRoth provides an update (e.g., version 10.14 to 10.14.1) to the FinRoth Software, the update is considered part of the FinRoth Software and may not be transferred separately from the pre-update version of the FinRoth Software.
B. Any copy of the FinRoth Software that may be provided by FinRoth for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
4. Consent to Use of Data. When you use the FinRoth Software, the financial data information and work product you provide, your industry, business model, and certain unique identifiers such as your business name, primary address, web address, email address(es), telephone number(s), primary industry codes for your business and/or project board are sent to Chisel Technologies, Inc. for deep learning and research purposes and this collected information may be used in order to reach you. When you use FinRoth, Chisel Technologies, Inc. may hold your content in encrypted form for a limited period of time in order to ensure their delivery. When you use the FinRoth service, you consent to allow Chisel Technologies, Inc. the right to use your data for research purposes. At all times your information will be treated in accordance with FinRoth’s most recent Privacy Policy.
5. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the FinRoth Software outside of your trade, business or profession), you understand that this product is intended for use within the jurisdictional boundaries of the United States. While the platform can be accessed outside of the United States, this product is intended for businesses registered within the United States.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE FINROTH SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE FINROTH SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FINROTH SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FINROTH’S LICENSORS (COLLECTIVELY REFERRED TO AS “FINROTH” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FINROTH SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
D. FINROTH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FINROTH SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE FINROTH SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FINROTH SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE FINROTH SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE FINROTH SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS FINROTH SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS FINROTH PRODUCTS AND SERVICES.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FINROTH, OR CHISEL, THEIR AFFILIATES, AGENTS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FINROTH SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE FINROTH SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FINROTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall FinRoth’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Export Control. You may not use or otherwise export or reexport the FinRoth Software except as authorized by United States law and the laws of the jurisdiction(s) in which the FinRoth Software was obtained. In particular, but without limitation, the FinRoth Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the FinRoth Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the FinRoth Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
8. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Washington DC, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
Rev. 9/28/2021
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Dun & Bradstreet Supplemental Terms and Conditions
The Dun & Bradstreet Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for FinRoth (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Startup Analytics feature, which shall be deemed a “Service” under the License. Capitalized terms used in these Supplemental Terms have the meanings set forth in the License.
1 Overview and Use Restrictions
FinRoth allows you to store financials and business data, including stored credit, debit and prepaid cards, which are supported by the Payment feature (“Supported Cards”) and use supported accounts to initiate or make payments within websites. The Payment features of the FinRoth Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant. Supported Cards may change from time to time.
Payments is intended for your personal use and you may only provision your own Supported Cards. If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature.
You agree not to use FinRoth for illegal or fraudulent purposes, or any other purposes that are prohibited by the License and these Supplemental Terms. You further agree to use FinRoth in accordance with applicable law and regulation. You agree not to interfere with or disrupt the FinRoth service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon).
3 FinRoth’s Relationship With You
FinRoth uses APIs to make the use of the software function more easily. Your purchase of any third party goods or services will be subject to the merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your supported account.
You agree that FinRoth is not a party to your cardholder or merchant agreements, nor is FinRoth responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions or purchases while using Payment functionality; (b) issuance of credit or assessing eligibility for credit; © accrual or redemption of rewards or stored value under a merchant’s program; or (d) funding or reloading of prepaid cards. For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant.
5 Security
FinRoth’s third party payment proccessors may store virtual representations of your Supported Cards, and you understand and acknowledge that providing your password to a third party, or allowing a third party to add their fingerprint to use Touch ID on your Supported Device, may result in their ability to make FinRoth payments within websites on your device. You are solely responsible for maintaining the security of your devices and the applicable passcodes and passwords. You agree that FinRoth does not have any responsibility if you lose or share access to your device.
If you report or FinRoth suspects fraudulent or abusive activity, you agree to cooperate with FinRoth in any investigation and to use any fraud prevention measures we prescribe.
6 Limitation of Liability
IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, CHISEL TECHNOLOGIES, INC. D/b/a FINROTH DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.