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Last updated January 04, 2023

AGREEMENT TO THE TERMS AND CONDITIONS

EULA

The following terms and conditions of this End User License Agreement (the “EULA”) is entered into between you, whether personally or on behalf of an entity (“you”, “your”, “yours”) and FinOctopus Limited Liability Company, a Missouri limited liability company with registered office at 1617 Main St., Fl. 3, Kansas City, MO 64108, formed under the laws of the State of Missouri, USA, together with FinOctopus affiliated companies and subsidiaries, such as CREDEO FINANCE INC., a legal entity incorporated on June 28, 2016 under the laws of the Commonwealth of Virginia, USA (entity (file) number: C3928173), licensed as a California Finance Lender under the Department of Financial Protection and Innovation, license number 60DBO-61880, having its registered office at 8383 Wilshire Blvd, Suite 430, Beverly Hills, California, 90211, USA (collectively, “FinOctopus”).

This EULA, together with any documents it expressly incorporates by reference governs your interactions with:
  1. FinOctopus' website https://www.finoctopus.com/, including all subdomains (collectively, the "Website");
  2. FinOctopus application, which shall refer to and consist of the following: (i) the mobile software application accompanying this EULA, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) the physical, electronic hardware device accompanying this EULA, including, without limitation, any firmware code, software code, scripts, cables, interfaces, connected and related vehicles, documentation and other components; (iii) any updates, modifications or enhancements to the items listed in subsection (i); (iv) any specific website the FinOctopus application directs you to via any browser located on a mobile device or any other computer device (the “Mobile Device”); (v) any add-ons and extensions to third-party websites; and (vi) any website usage and dashboard software (collectively - the “Application”);
  3. FinOctopus' services or any other products, features, technologies or functionalities, websites, software and copyright assets and other services which FinOctopus have or have licensed to Users and/or which are offered by FinOctopus through the Website or any other means (collectively - the "Services").
This EULA should be considered an integral part of, and should be read together with FinOctopus Privacy Policy located at https://www.finoctopus.com/privacy_policy (the "Policy").
Please scroll down and read all of the following terms and conditions of this EULA carefully before clicking an “agree” or “activate” or “sign up” or similar button or by installing and/or using the Website, Application(s) or any of the Services. This EULA is a legally binding contract between you and FinOctopus that sets forth the terms and conditions that govern your use of all of Website, Application(s) or any of the Services. By clicking an “agree” or “activate” or “sign up” or similar button or by installing and/or using the Website, Application(s) or any of the Services you accept and agree to abide by all of the terms and conditions stated or referenced herein and in the Policy.
If you do not agree to abide by the terms and conditions of this EULA, do not click an “agree” or “activate” or “sign up” or similar button or install and/or use the Website, Application(s) or any of the Services. You must accept and abide by the terms and conditions of this EULA as presented to you, any changes, additions or deletions by you to these terms and conditions will not be accepted by FinOctopus and will not be part of this EULA.

1. ‍Intellectual Property Rights and License Grant

1.1 Unless otherwise indicated, the Website and its entire contents, features, and functionality (including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos contained therein) (collectively - the “Content”) are owned or controlled by FinOctopus or licensed to FinOctopus and are protected by copyright, trademark, patent, trade secret, and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
1.2 The Application(s) are licensed, not sold, to you by FinOctopus for use strictly in accordance with the terms and conditions of this EULA, and any usage rules established by any other third-party usage rules or terms of use, such as Apple Inc., Google, Inc. and such other vendors (the “Usage Rules”), which are incorporated herein by this reference.
1.3 FinOctopus grants you a revocable, nonexclusive, nontransferable, limited right to install and use the Application(s) on a single mobile device owned and controlled by you, and to access and use the Application(s) on such mobile device strictly in accordance with the terms and conditions of this EULA, the Usage Rules and any service EULA associated with your Mobile Device (collectively – “Related EULAs”).
1.4 You acknowledge and agree that the Application(s) and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of FinOctopus. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of FinOctopus and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, you are not granted any intellectual property rights in or to the Application or Applications by implication, estoppel or other legal theory, and all rights in and to the Application(s) not expressly granted in this EULA are hereby reserved and retained by FinOctopus.

2. Restrictions on Use.

2.1 The Content is provided on the Website “as is” solely to permit you to access and use the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Website, except your Mobile Device may temporarily store copies of such Content incidental to your accessing and viewing such Content. FinOctopus reserves all rights not expressly granted to you in and to the Website and Content.
2.2 You must not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit for any commercial purpose whatsoever, the Content without FinOctopus express prior written permission. If you print, copy, modify, download, or otherwise breach the terms and conditions of this EULA, your right to use the Website will stop immediately and you must, at FinOctopus option, return or destroy any copies of the Content you have made.
No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by FinOctopus. Any use of the Website not expressly permitted by this EULA is a breach of the terms and conditions of this EULA and may violate copyright, trademark, and other laws.
2.3 FinOctopus or its licensors retain all ownership and intellectual property rights in the Application(s). You shall use the Application(s) strictly in accordance with the terms of the Related EULAs and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application(s); (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application(s); (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application(s); (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of FinOctopus or its affiliates, partners, suppliers or the licensors of the Application(s); (e) allow use or permit of one Mobile account for multiple users; (f) use the Application(s) for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by FinOctopus; or (g) use any proprietary information or interfaces of FinOctopus or other intellectual property of FinOctopus in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application(s); (h) make the Application(s) available in any manner to any third-party; (i) use the Application to provide third-party training; (j) create derivative works based on the Application(s); or (k) disclose results of any Application benchmark tests without FinOctopus prior written consent.
2.4 You may not access or use the Website or Application(s) for any purpose other than that for which FinOctopus make the Website or Application(s) available. The Website or Application(s) may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FinOctopus. As a user of the Website or Application(s), you agree not to:
  • Use the Website or Application(s) in a manner inconsistent with any applicable laws or regulations;
  • Disparage, tarnish, or otherwise harm, in FinOctopus opinion, FinOctopus and/or the Website or Application(s);
  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website or Application(s), or using or launching any unauthorized script or other software;
  • Engage in unauthorized framing of or linking to the Website or Application(s);
  • Make improper use of FinOctopus support services or submit false reports;
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Interfere with, disrupt, or create an undue burden on the Website or Application(s) or the networks or services connected to the Website or Application(s);
  • Use any information obtained from the Website or Application(s) in order to harass, abuse, or harm another person;
  • Use the Website or Application(s) as part of any effort to compete with FinOctopus or otherwise use the Website or Application(s) and/or the Content for any revenue-generating endeavor or commercial enterprise unless otherwise authorized by FinOctopus in writing;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website or Application(s);
  • Attempt to bypass any measures of the Website or Application(s) designed to prevent or restrict access to the Website or Application(s), or any portion of the Website or Application(s);
  • Harass, annoy, intimidate, or threaten any of FinOctopus employees or agents engaged in providing any portion of the Website or Application(s) to you;
  • Delete the copyright or other proprietary rights notice from any Content;
  • Systematically retrieve data or other content from the Website or Application(s) to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from FinOctopus;
  • Make any unauthorized use of the Website or Application(s), including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Use a buying agent or purchasing agent to make purchases on the Website or Application(s);
  • Use the Website or Application(s) to advertise or offer to sell goods and services;
  • Trick, defraud, or mislead FinOctopus and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Circumvent, disable, or otherwise interfere with security-related features of the Website or Application(s), including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website or Application(s) and/or the Content contained therein;
  • Attempt to impersonate another user or person or use the username of another user;
  • Sell or otherwise transfer your profile;
  • Copy or adapt the Website or Application(s) software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or Application(s) or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website or Application(s);
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Application(s), or which, as determined by FinOctopus, may harm FinOctopus or customers of the Website or Application(s), or expose them to liability.

3. Consent to Use Location-Based Services and Data.

The Website and Application(s) may contain or use location-based services. If you use or access such location-based services in connection with the Website or Application, you hereby consent to the collection, transmission and use of your location data by the Website or Application(s).

4. Accessing the Website and Application(s), Account security.

4.1 Subject to Governing Law, FinOctopus reserves the right to withdraw or amend this Website, and any Services or Content FinOctopus provides on the Website, in FinOctopus sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Application(s) is unavailable at any time or for any period. From time to time, FinOctopus may restrict access to some parts of the Website or Application(s), or the entire Website or Application(s), to users, including registered users.
4.2 You are responsible for use of your account(s) by you or individuals authorized by you or FinOctopus acting on your behalf. FinOctopus may add, change, delete and modify account information, including payment information, according to your instruction and/or according to individuals authorized by you through by phone, email, and chat communication. In any event, you agree and accept that you are fully responsible for any account modifications and not FinOctopus.
4.3 You are responsible for making all arrangements necessary for you to have access to the Website, the Application(s) and your account(s). To access the Website, the Application(s) or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and/or Application(s) that all the information you provide on the Website and in the Application(s) is correct, current, and complete. You agree that all information you provide to register on the Website, Application or otherwise through the use of any features on the Website or Application(s), is governed by the Policy, and you consent to all actions FinOctopus takes with respect to your information consistent with FinOctopus Policy
4.4 If you choose, or are provided with, a username, password, or any other piece of information as part of FinOctopus security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify FinOctopus immediately of any unauthorized access to or use of your username or password or any other breach of security.
4.5 Subject to Governing Law, FinOctopus has the right to disable any username, password, or other identifier, whether chosen by you or provided by FinOctopus, as well as refuse any and all current or future use of the Website or Application(s) at any time, in FinOctopus sole discretion, for any or no reason, including if, in FinOctopus opinion, you have violated any provision of this EULA.
4.6 FinOctopus reserves the right, but is not obligated, to: (1) monitor the Website and/or Application(s) for violations of the EULA; (2) take appropriate legal action against anyone who, in FinOctopus sole discretion, violates the law or this EULA, including without limitation, reporting such user to law enforcement authorities; (3) in FinOctopus sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in FinOctopus sole discretion and without limitation, notice, or liability, remove from the Website and/or Application(s) or otherwise disable all files and content that are excessive in size or are in any way burdensome to FinOctopus systems; and (5) otherwise manage the Website and/or Application(s) in a manner designed to protect FinOctopus rights and property and to facilitate the proper functioning of the Website and/or Application(s).

5. Modifications and interruptions.

5.1 FinOctopus reserves the right to change, modify, or remove the contents of the Website or Application(s) at any time or for any reason at FinOctopus sole discretion without notice. However, FinOctopus has no obligation to update any information on the Website or Application(s). FinOctopus also reserves the right to modify or discontinue all or part of the Website or Application(s) without notice at any time. FinOctopus will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or Application(s).
5.2 FinOctopus cannot guarantee the Website or Application(s) will be available at all times. FinOctopus may experience hardware, software, or other problems or need to perform maintenance related to the Website or Application(s), resulting in interruptions, delays, or errors. FinOctopus reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or Application(s) at any time or for any reason without notice to you. You agree that FinOctopus has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or Application(s) during any downtime or discontinuance of the Website or Application(s). Nothing in these EULA shall be construed to obligate FinOctopus to maintain and support the Website or Application(s) or to supply any corrections, updates, or releases in connection therewith.

6. Third-Party Software.

The Website or Application(s) may utilize or include third-party software that is subject to open source and third-party license terms (the “Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Website or Application(s) is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall control with regard to your use of the relevant Third-Party Software. In no event shall the Application(s) or components thereof be deemed to be open source or publicly available software.

7. FinOctopus Marks.

You are not authorized to use FinOctopus trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of FinOctopus, which may be withheld for any or no reason.

8. Infringement Acknowledgement.

You and FinOctopus acknowledge and agree that, in the event of a third-party claim that the Website or Application(s) or your possession or use of the Website or Application(s) infringes any third party’s intellectual property rights, you (and not FinOctopus) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify FinOctopus in writing of such a claim.

9. Third-Party Content and Services.

9.1 General.
You acknowledge that the Website or Application(s) permits access to products, services, websites, vendors and other third parties that are required for the Website or Application(s) to operate (“Third-Party Content and Services”).
9.2 Disclaimer.
You acknowledge that FinOctopus does not investigate, monitor, represent or endorse the Third-Party Content and Services (including any third-party websites available through the Website or Application(s)). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk, and FinOctopus and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services. FinOctopus hereby disclaims any representation, warranty or guarantee regarding the Third-Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third-Party Content and Services.
9.3 Third-Party Terms of Service.
You acknowledge and agree that your access to and use of the Third-Party Content and Services and any correspondence or business dealings between you and any third-party located using the Application(s) are governed by and require your acceptance of the terms of service of such third-party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third-party at its sole discretion and without any notice. you assume all risks arising out of or resulting from your transaction of business over the Internet and with any third- party, and you agree that FinOctopus and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third-Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third-Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property rights in the Third-Party Content or Services or any products, services, processes or technology described or offered therein.
9.4 Endorsements.
You acknowledge and agree that the provision of access to any Third-Party Content and Service shall not constitute or imply any endorsement by FinOctopus or its affiliates of such Third-Party Content and Services. FinOctopus reserves the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Application, although FinOctopus has no obligation to restrict or deny access even if requested by you.
9.5 Use of Third-Party Content and Services.
You agree that the Third-Party Content and Services contain proprietary information and material that is owned by FinOctopus and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third-Party Content and Services. No portion of the Third-Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third-Party Content and Services, in any manner, and you shall not exploit the Third-Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third-Party Content and Services in a manner that would infringe or violate the rights of any other party, and that FinOctopus is not in any way responsible for any such use by you.

10. Inaccuracies, accuracy and complement of information.

10.1 There may be information on the Website or Application(s) that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. FinOctopus reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website or Application(s) at any time, without prior notice. FinOctopus is not responsible if information made available on the Website or Application(s) is not accurate, complete, or current. The material on the Website or Application(s) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on the Website or Application(s) is at your own risk.
10.2 You understand that by accessing and using the Third-Party Content and Services (as defined below), you may encounter information, materials and subject matter which may or may not be identified as being inaccurate. Notwithstanding the foregoing, you agree to use the Third-Party Content and Services at your sole risk and that FinOctopus and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.

11. User Data.

FinOctopus will maintain certain data that you transmit to the Website or Application(s) for the purpose of managing the performance of the Website or Application(s), as well as data relating to your use of the Website or Application(s). Although FinOctopus performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website or Application(s). You agree that FinOctopus shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against FinOctopus arising from any such loss or corruption of such data.

12. Electronic communications, transactions and signatures.

Visiting the Website, using the Application(s), sending emails to FinOctopus and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications FinOctopus provides to you electronically, via email and on the Website or Application(s), satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY FINOCTOPUS OR VIA THE WEBSITE OR APPLICATION(S). You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction, which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

13. Insurance Services.

FinOctopus offers insurance services within the Website or Application(s) (the “Insurance Services”). Any Insurance Services offered through the Website or Application(s)will be governed by the terms and conditions attached to those Insurance Services, including any payment and liability provisions, and FinOctopus will not be liable for any Insurance Services offered through the Website or Application(s), unless such liability is expressly noted. The EULA will not change or alter any contract or agreement between you and FinOctopus.
As part of FinOctopus Insurance Services, FinOctopus may offer you quotes for insurance. All quotes generated by FinOctopus are estimates based upon the information you provided and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on this site are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to FinOctopus, and all applications are subject to FinOctopus approval.
FinOctopus reserves the right, but is not obligated, to limit the sales of FinOctopus Insurance Services to any person, geographic region, or jurisdiction. FinOctopus may exercise this right on a case-by-case basis. FinOctopus reserves the right to limit the quantities of any products or services that FinOctopus offers. All descriptions of products, services, and pricing are subject to change at any time without notice, at FinOctopus sole discretion. FinOctopus reserves the right to discontinue any product or service at any time. Any offer for any product or service made on the Website or Application(s) is void where prohibited.

14. Restriction on Transfer.

You may not rent, lease, lend, sublicense or transfer the Website or Application(s), this EULA or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

15. Use of Information.

15.1 Consent to Use Information.
You hereby authorize and consent to the collection, storage and use, by FinOctopus and its affiliates, partners and agents, of any information and data related to or derived from your use of the Website or Application(s), and any information or data that you provide to FinOctopus and its affiliates, partners and licensors (the “Information”). Information will be used by FinOctopus to improve the Website and Application(s) and the user experience for you. FinOctopus will not share your Information with companies, or any other parties not affiliated with FinOctopus.
15.2 Data privacy and Privacy Policy.
We care about data privacy and security. By using the Website or Application(s), you consent to all actions taken by FinOctopus with respect to your information in compliance with the FinOctopus Policy. You also agree to be bound by FinOctopus Policy posted on the Website or Application(s), which is incorporated into these EULA.

Please be advised the Website is hosted in the United States. If you access the Website or Application from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website or Application(s), you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, FinOctopus does not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if FinOctopus receives actual knowledge that anyone under the age of 16 has provided personal information to FinOctopus without the requisite and verifiable parental consent, FinOctopus will delete that information from the Website or Application as quickly as is reasonably practical.

You represent that you shall comply with the terms and conditions of FinOctopus Policy, which sets forth and describes the practices of Company with respect to the collection, use and disclosure of Information in connection with your use of the Application or Applications. FinOctopus reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. FinOctopus will post any changes to its Privacy Policy at the web address set forth in the preamble to this EULA. Your use of the Application(s) following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

16. Term and Termination.

16.1 Term.
This EULA shall be effective until terminated by FinOctopus or you.
16.2 Termination.
This EULA shall remain in full force and effect while you use the Website, the Application(s) or the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, FINOCTOPUS RESERVES THE RIGHT TO, IN FINOCTOPUS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE or APPLICATION(S) (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS EULA OF ANY APPLICABLE LAW OR REGULATION. FINOCTOPUS MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR APPLICATION(S) OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN FINOCTOPUS SOLE DISCRETION.

If FinOctopus terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, FinOctopus reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

17. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND APPLICATION(S) IS/ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE WEBSITE OR APPLICATION(S) AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. FINOCTOPUS AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE APPLICATION AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FURTHERMORE, FINOCTOPUS AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION(S) OR THIRD-PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION(S) OR THIRD-PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION OR APPLICATIONS WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION(S) OR THIRD-PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINOCTOPUS OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, YOU ACKNOWLEDGE THAT FINOCTOPUS HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. FINOCTOPUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

18. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL FINOCTOPUS OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, APPLICATION OR APPLICATIONS AND ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FINOCTOPUS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FINOCTOPUS’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT EQUAL TO THE AMOUNT OF THE LAST PAID INVOICE FOR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FINOCTOPUS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD- PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM OR RELATED TO THE USE OF THE APPLICATION OR ANY DATA DERIVED THEREFROM, EVEN IF FINOCTOPUS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Indemnification.

You shall indemnify, defend and hold harmless FinOctopus and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the Indemnified Parties) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Website or Application(s) or Third-Party Content and Services; (ii) your breach of this EULA; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third-party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the EULA.

Notwithstanding the foregoing, FinOctopus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FinOctopus, and you agree to cooperate, at your expense, with FinOctopus defense of such claims. FinOctopus will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. User warranties.

By using the Website or Application(s), you represent and warrant that: (1) you have the legal capacity and you agree to comply with the EULA; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website or Application(s) through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website or Application(s) for any illegal or unauthorized purpose; and (5) your use of the Website or Application(s) will not violate any applicable law or regulation.

21. Compatibility.

FinOctopus does not warrant that the Website or Application(s) will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device, including vehicles. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device or your vehicle to diminish or fail completely, and may result in permanent damage to your Mobile Device, loss of the data located on your Mobile Device, and corruption of the software and files located on your Mobile Device or may result in permanent damage to your vehicle, electronics, driving functionality and related systems. you acknowledge and agree that FinOctopus and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

22. Product Claims.

You acknowledge that you (not FinOctopus) are responsible for addressing any third-party claims relating to your use or possession of the Application(s), and agree to notify FinOctopus of any third-party claims relating to the Website or Application(s) of which you become aware. Furthermore, you hereby release FinOctopus from any liability resulting from your use or possession of the Website or Application(s), including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Website or Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

23. Miscellaneous.

This EULA and any policies or operating rules posted by FinOctopus on the Website or Application(s) or in respect to the Website or Application(s) constitute the entire agreement and understanding between you and FinOctopus. FinOctopus failure to exercise or enforce any right or provision of the EULA shall not operate as a waiver of such right or provision. This EULA operates to the fullest extent permissible by law. FinOctopus may assign any or all of FinOctopus rights and obligations to others at any time. FinOctopus will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond FinOctopus reasonable control. If any provision or part of a provision of these EULA is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the EULA and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and FinOctopus as a result of the EULA or use of the Website or Application(s), unless such relationship is specifically stated. You agree that the EULA will not be construed against FinOctopus by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the EULA and the lack of signing by the parties hereto to execute the EULA.

24. Governing Law.

This EULA shall be deemed to take place in the State of Missouri and shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law principles. Any disputes arising from this EULA shall be adjudicated in the courts of the City of Kansas City. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

25. Binding Arbitration.

We hope we never have a dispute, but if we do, you and FinOctopus agree to try for 60 days to resolve it informally. If we cannot, you agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. The dispute procedure and rules are following but not limited to: (i) Disputes Covered. Disputes includes everything except IP. The term “Dispute” is as broad as it can be. It includes any claim or controversy between you and FinOctopus concerning the products and services, the software related to the products, Super Dispatch account, advertising, marketing, communications, billing, or this EULA , under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or FinOctopus intellectual property rights. (ii) Notice of Dispute First. If you have a dispute and FinOctopus customer service representatives cannot resolve it, you must send a Notice of Dispute by U.S. Mail to FinOctopus LLC, ATTN: Legal Department, 1617 Main St, Kansas City, MO 64108, U.S.A. (iii) Conflict with AAA Rules. These terms of this EULA govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. (iv) Filing Deadline. Parties agree to file in arbitration any claim or dispute (except intellectual property disputes) within six (6) month from when it first could be filed. Otherwise, it is permanently barred.

26. Severability.

If any provision of this EULA is held to be invalid or unenforceable with respect to a party, the remainder of this EULA, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this EULA shall be valid and enforceable to the fullest extent permitted by law.

27. Waiver.

Except as provided herein, the failure to exercise a right or require performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

28. Export Control.

You may not use or otherwise export or re-export the Website or Application(s) except as authorized by United States law and the laws of the jurisdiction(s) in which the Application(s) was/were obtained. You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country, or territory listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Website or Application(s) for any purposes prohibited by United States law.

29. Modification or Amendment.

FinOctopus may modify or amend the terms of this EULA by posting a copy of the modified or amended EULA on FinOctopus website under Terms & Conditions section. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Website or Application(s) following the date in which the modified or amended EULA is posted on FinOctopus Terms & Conditions website section.

30. Assignment.

You shall not assign this EULA or any rights or obligations herein without the prior written consent of FinOctopus and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

31. Acknowledgments.

Both parties acknowledge and agree that (i) this EULA is between FinOctopus and you, and that Apple and Google are not a party to this EULA; (ii) that FinOctopus is solely responsible for the Application(s) and the content thereof; (iii) that Apple, Google and their respective subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
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