FinState - Terms of Use (Beta Phase)

Welcome to "FinState". We offer tools and techniques to rapidly and easily analyze financial statements (the “Service”). The Service, operating through our website – finstate.net (the “Website”), is owned and operated by FinState Ltd., a company incorporated under the laws of the State of Israel (“FinState”, “we”, “us” and “our”), with its principal offices at Menachem Begin 121 Tel Aviv, IL.

In short…

The following key points of these Terms of Use are brought for your convenience only. They do not substitute the full Terms.

  1. Using the Service. To use the Service, you must subscribe to the Service and accept these Terms of use.

2.  Fees. Your use of the Service may be subject to payment of applicable Fees, if and as presented to you during subscription or at a later time.

  1. Privacy. We respect your privacy as further explained in our Privacy Policy.
  2. Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by or licensed  to us.
  3. Disclaimer of warranty. the Service is provided for use ‘as is’. We disclaim all warranties and representations, either express or implied, with respect to the Service
  4. Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.
  5. Availability. We do not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
  6.  Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.

 

 


 

… and in detail

Please carefully read the following Terms of Use (the "Terms"), which constitute a binding agreement between you and FinState and define your rights and responsibilities regarding your use of the Service. By signing up to, accessing or using the Service in any way, you agree to these Terms. If you do not agree to the Terms, you may not sign up, access or use the Service in any way.

At this time, We operate our Service as a beta website, for testing and evaluation purposes only. FinState has full discretion to determine the length of time for testing and evaluation of such Beta period. We retain the right to modify or terminate the Beta period (or any part thereof) at any time, temporarily or permanently, with or without notice.

ABOUT THE SERVICE & SUBSCRIPTION

FinState is developing tools and techniques to rapidly and easily analyze financial statements.

Information you provide; Age restriction. The Service is available to registered users only. In order to use the Service, you must be an individual or a competent legal entity and subscribe with a user account. When you subscribe to the Service, we will ask you to provide us with certain contact details, as described in our Privacy Policy, such as your name, email address and corporate affiliation (“Subscription Information”).

The Service is available only to users who have successfully completed the steps for user and identity confirmation. If you are under the age of 18, you are not permitted to subscribe to the Service, as it is only available to corporate entities and individuals who are over the age of 18.

False information. If we believe that the Subscription Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.

If You are acting on behalf of a corporation, organization or other legal entity, then you represent and warrant that you are duly authorized to enter into this agreement on behalf of such entity and that you have the proper authority to legally bind the entity to these Terms.

At any time, you may change your personal preferences and the way you use the Service, by using the tools provided therein, as may be available from time to time.

You may contact us by using our online 'Contact' form, available on our Website. When using our online form, we will ask you to provide us with certain contact and personal details, such as your full name, email address, the nature of your request, etc.

When subscribing to the Service or contacting us, you must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may impair our ability to contact you. We will explicitly indicate the mandatory fields for completion. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when you sign-up. You are solely responsible and liable for all activities performed with or through your user account. You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.

BY SUBMITTING YOUR CONTACT DETAILS, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM FINSTATE OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY US OR OTHERS ON OUR BEHALF.

FEES & BILLING

We may offer the Service on a trial-basis, free of charge, during the beta phase. Beyond this trial-basis, the Service may be offered subject to your payment of applicable fees (“Fees”) in accordance with the packages, subscription plans and amounts presented to you upon subscribing to the Service or at a later stage (“Plans”). We will notify you 15 days before the end of the trial-basis offer and seek your consent to the payment of the Fees. If you do not consent, we may terminate your subscription to the Service.

If applicable, we will charge you for Fees using your PayPal account or any other supported payment method you provide (“Billing Information”). You represent and warrant that you are lawfully permitted to use your selected payment method. You must keep the Billing Information you provided to us current, complete, and accurate, and notify us promptly in case of any change in your Billing Information.

By subscribing to the Service and choosing your Plan, you give your consent to being billed for the Fees, in addition to any applicable taxes and surcharges or commissions charged by the payment processor. All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges.

Subject to applicable law, the Fees you pay are non-refundable. You are responsible for paying all applicable Fees whether or not you actually used or otherwise benefited from the Service.

Your Billing Information may be processed and handled through relevant third-party payment processors and therefore subject to the terms and conditions of these third parties pursuant to your contractual relations with them.

We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods.

YOUR PRIVACY

We respect your privacy. Our Privacy Policy explains our privacy practices. We encourage you to read it carefully.

ACCEPTABLE AND PROHIBITED USE OF THE SERVICE

Acceptable use. You may use the Service only in accordance with these Terms.  We may update the Terms from time to time and will inform you in case of important changes.

Prohibited use. When using the Service, you must refrain from –

·       Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the service;

·       Interfering with, burdening or disrupting the functionality of the Service;

·       Breaching the security of the Service or publicly identifying any security vulnerabilities in it;

·       Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

·       Sending automated or machine generated queries;

·       Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt its functionality;

·       Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design, other than through functionality offered by the Service;

·       Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;

·       Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;

·       Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

·       Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

·       Transferring your account to another person;

·       Violating any applicable law.

INTELLECTUAL PROPERTY

Our intellectual property. All rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of FinState.

Restrictions. You may not copy, reverse engineer, modify or create derivative works of FinState’s intellectual property, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.

TERMINATION

Terminating your account. You may, at any time, cancel your subscription to the Service and request to terminate your account by contacting us at support@finstate.net.

Upon termination of your account, your right to use the Service is terminated and you must immediately cease using the Service.

Terminating the operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.

Changes AND AVAILABILITY

Changes on the Service. We may, at any time and without prior notice change the layout, design, scope, features or availability of the Service.

Availability. The availability, functioning, quality and functionality of the Service depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.

Changing these Terms. We may revise these Terms, in whole or in part, at any time by notifying you of the amended Terms, either by posting on our website or by e-mail notification. It is your responsibility to review these Terms and the website from time to time for any changes or additional terms. Your continued use of the service after the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL OPERATE UNINTERRUPTEDLY, ERROR­FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE SERVICE, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD BE REGARDED AS A COMPLEMENTARY TOOL AND NOT AS A SUBSTITUTE FOR READING THE ORIGINAL FINANCIAL STATEMENTS.

THE SERVICE INCLUDES INFORMATION AND DATA PROVIDED BY OUTSIDE SOURCES, AND WE DO NOT GUARANTEE THE SEQUENCE, ACCURACY, COMPLETENESS OR TIMELINESS OF THE SERVICE. ANY ACTION AND/OR INVESTMENT AND/OR TRANSACTION BASED UPON INFORMATION OFFERED BY THE SERVICE ARE MADE ENTIRELY UPON THE USER SOLE DISCRETION. WE HOLD NO RESPONSIBILITY WHATSOEVER FOR ANY OF THE ABOVE-MENTIONED ACTIONS MADE BY THE USER, AND IN NO CASE WILL THE USER HAVE ANY CLAIM AGAINST FINSTATE FOR ANY DIRECT AND/OR INDIRECT DAMAGES INFLICTED ON HIM FOR ACTIONS MADE BY HIS USE OF THE SERVICE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT.

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.

LINKS

Link to other websites. The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted there, not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.

We do not endorse third party websites. By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions made between you and such third-party websites.

Indemnification

To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement of any other person’s rights.

COMMERCIAL INFORMATION

We may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by FinState does not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.

Governing Law, jurisdiction

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Israel.

The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.

General

Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

CONTACT US

At any time, you may contact us with any question, request, feedback, comment or complaint that you may have with respect to the Service or these Terms at support@finstate.net, or through our online contact form.

Last Updated: 4.14.2019.