Fini LLC (“Fini,” “we,” “us,” or “our”) owns and operates the website located at 8 The Green 18995,
Dover,
DE 19901 and
www.fini.ai (the “Site”). Please read these Terms of Service carefully. These Terms of Service state the
terms and
conditions under which you may use our services available through the Site (the “Services”). By replying
“I
ACCEPT,” you
(“you,” “user,” “client,” or “end user”) acknowledge that you have read, understood, and agree to be
legally
bound by
these Terms of Service. You also represent and warrant that you are of the legal age of majority in your
jurisdiction
(at least 18 years of age in many countries). If you are accepting these Terms of Service on behalf of a
company or
other legal entity, you represent that you have the authority to bind such entity to these terms and
conditions. If you
do not have such authority, or if you do not agree to any of these terms, then you are not permitted to
use
the
Services.
You are responsible for checking these terms periodically for updates. When such a change is made, we
will
update the
“Last Updated” date at the end of this document.
The section below titled “Miscellaneous” contains a binding arbitration agreement and class action
waiver,
which affect
your legal rights. Please read them.
The Services
Through the Site, we offer solutions focused on driving user acquisition for iOS gaming apps, including
but
not limited
to Apple Search Ads (ASA) and third-party services. The Services are offered to you on a subscription
basis
(“Subscription”). The features and functionality of the Services available to you will depend on the
Subscription
package you choose. Technical support will be provided to you based on your Subscription level. For
Premium
and
Enterprise Subscriptions, support will be available by both email and phone.
Subject to the terms and conditions of these Terms of Service, you are granted a non-exclusive,
non-transferable license
to access and use the Services. You agree not to (i) share a login; (ii) use bots or automated means to
register; (iii)
reverse engineer or decompile the Services; (iv) modify or resell the Services without our consent; (v)
use
the Services
for third-party access outside your own employees; or (vi) introduce harmful code into the Services.
Registration
To use the Services, you will need to create an account. During registration, you must provide your
name,
company name,
email address, and other requested information. You must also create a user name and password for your
account. You
agree that all registration information is truthful, and you are solely responsible for keeping your
account
details
secure.
You acknowledge that by using the Services, you consent to receiving communications from us, including
invoices and
marketing materials, at the email address you provided.
We reserve the right to refuse, suspend, or terminate your registration at our discretion.
Subscription Trial Period
Your initial Subscription to the Services may be offered as a free trial period, lasting for seven (7)
days
(the “Trial
Period”). Upon expiration of the Trial Period, the Subscription will automatically begin, and payment
for
the
Subscription will be due unless canceled within the Trial Period. You may cancel your Subscription at
any
time by
contacting us at help@fini.ai.
We reserve the right to terminate or adjust the free trial period at our discretion.
Fees; Automatic Renewals
You agree to pay any applicable Subscription fees as informed during registration. Fees are
non-refundable.
All fees are
in USD, exclusive of taxes, and you are responsible for payment of applicable taxes.
You agree that your Subscription will automatically renew unless canceled at least fifteen (15) days
before
the next
renewal date.
Use of Personal Data
By using the Site and Services, you may provide personally identifiable information to us. Our
collection
and use of
such information are governed by our Privacy Policy, which is incorporated by reference.
Fini Intellectual Property
Any content provided through the Services, including reports and estimates, is our intellectual
property.
You may not
use our trademarks or Content without our express permission. We retain all rights to the Services,
including the
software, source code, and any associated intellectual property.
User Data
You retain all rights to your User Data. However, by using the Services, you grant us a license to use
your
User Data as
necessary to provide the Services.
Community Guidelines
You agree to use the Services for lawful purposes only. You will not harass other users, impersonate
anyone,
or
interfere with the Services.
Unsolicited Information
Any unsolicited information you provide to us will be considered non-confidential, and we are free to
use it
for any
purpose, including developing new products and services.
Confidentiality
Both parties agree to protect each other's confidential information. The receiving party may only
disclose
confidential
information to its employees or agents on a need-to-know basis.
Limitations of Liability
The Services are provided "AS IS" without warranty of any kind. We are not liable for any damages
arising
from your use
of the Services. Our total liability is limited to the fees paid by you in the one (1) month immediately
preceding the
claim.
Indemnification
You agree to indemnify us from any claims arising from your breach of these Terms, use of the Services,
or
violation of
third-party rights.
Term and Termination
You or we may terminate this agreement at any time with thirty (30) days' notice. Upon termination, you
will
stop using
the Services, and all fees due up until the termination date will become payable.
Miscellaneous
These Terms will be governed by the laws of Delaware. Any disputes will be resolved through binding
arbitration. You
waive the right to a jury trial, and any disputes will be handled individually, not as part of a class
action.