1. Welcome

1.1 Introduction

We're thrilled to have you use Finsweet's Products and Services. This document outlines the Terms of Service ("Terms") that govern your use of our offerings. 

Finsweet Inc. is the company behind all the awesome Products and Services you're using. When we say "Finsweet," "we," "us," or "our" in these Terms, we’re talking about Finsweet Inc. When we say "you" or "Customer," we mean you - the individual or company using our Products and Services.

By using Finsweet's Products and Services, or accessing our content on any platform, you're agreeing to these Terms, so give them a thorough read. If you're accepting for a company or other legal entity, you're confirming you've got the authority to do so. In that case, "you" means that entity. By accepting these Terms, you're confirming that you have the right to enter into this agreement, either for yourself or on behalf of your company. If you're acting on behalf of a company, you're promising us that you have the authority to bind that company to these Terms.

Capitalized terms not defined in these Terms have the meaning given to them in our other applicable agreements referenced herein.

1.2 Products and Services

Finsweet’s “Products and Services” include:

• Products, like Wized, Attributes, Client-First, Components, and CMS Bridge 
• Content, like SEO Guide, tutorials, documentation, educational resources, affiliate links, this website (Finsweet.com and any subdomain of Finsweet.com), and YouTube content.
• Tools, like Finsweet Extension, Support Forum, Open Source initiatives, code snippets, and repos

In our Agreement, we may say “Products” or  “Services” to represent Products and Services. We’re always innovating at Finsweet, so this list of Products and Services may change. Any future Products that we create at Finsweet will also be covered under these Terms and the Agreement.

1.3 Applicable terms

When you use Finsweet's Products and Services, you're agreeing to these Terms, as well as our Acceptable Use Policy, Intellectual Property Policy, Cookie Policy, and any other applicable agreements or policies referenced on website’s legal pages (collectively, the "Agreement"). You can find these applicable agreements and policies at Finsweet.com/legal/home. If you're using specific Finsweet Products or Services, additional terms may apply—we'll make sure to let you know about those.

Remember, these Terms apply from the moment you start using our Products and Services until you decide to stop using them or your subscription ends.

Please take the time to read through this Agreement carefully. By using Finsweet's Products and Services, you're indicating that you understand and accept these terms. If something doesn't make sense or you don't agree with part of it, please don't use our Products and Services until we've had a chance to clarify things for you.

We know that was a lot of legal language, but it's important stuff. Here's what it means in simpler terms:

1. By using our Products and Services, you're agreeing to all our terms.
2. If you don't agree, you can't use our stuff.
3. You're promising us you have the authority to agree to these terms.
4. If you're agreeing on behalf of a company, you're confirming you have the power to do so.

1.4 Agency customers

If you’re an Agency customer of Finsweet, you already agreed to our Master Services Agreement (“Agency MSA”). Terms of Service and our entire Agreement cover a different part of our business at Finsweet. Let’s break it down so it’s clear.

• The Agency MSA is designed for our lovely customers who pay Finsweet for digital services, like web design, development implementation, and technology consulting.
• This Agreement is designed for people who use and interact with our Products and Services.

It's worth noting that our Products and agency Services can sometimes overlap. If you're an Agency client and Finsweet Products are used on your site, you're agreeing to both the Agency MSA and this Agreement. If there are any conflicts between this Agreement and the Agency MSA, the terms of the Agency MSA will take priority.

2. Your account

2.1 Eligibility

Finsweet's Services are available to individuals aged 13 years or older, or the digital age of consent in your country if older. If you're between 13 and 18 (or the legal age of majority where you live), please review these Terms with your parent or guardian. They'll need to accept these Terms on your behalf.

For our younger developers out there: if you're using Finsweet's tools and Services, make sure you have your guardian’s permission!

If you're using Finsweet's Services for your business, you're confirming that you have the authority to agree to these Terms on its behalf.

We reserve the right to refuse Service to anyone, for any reason, at any time. Our Services may not be available in areas where they conflict with applicable laws or regulations.

2.2 Signing up

To use Finsweet's Services, you'll need to create an account. Please provide accurate, up-to-date information when registering. We use this info to communicate important updates about our Services, changes to these Terms or our Privacy Policy, or to respond to legal inquiries about your use of our Services.

We encourage you to use your own (or your company's) contact details, including a valid email address. This helps us identify the true owner of the account and any associated content or projects.

2.3 Primary email address

The email address you provide when creating your account (or as updated later) will be your Primary Email Address. It's our main way of communicating with you, so keep an eye on it! Make sure it can send and receive messages.

If you lose access to this email, we won't be able to verify your account ownership. This could mean permanently losing access to your account and any associated work. We can't be held responsible for any losses resulting from you losing access to your Primary Email Address.

2.4 Your responsibility for your account

Keep your account safe! Don't share your password or other login details with anyone. Your account is just for you (or one designated person if it's for a company). You're responsible for keeping it confidential and for anything that happens if someone else uses it.

If you suspect any unauthorized use of your account, let us know right away. Be extra careful when using public computers, and never access an account that isn't yours.

For our web developers and agencies out there: if you're using Finsweet's Products to build sites for clients, make sure you're authorized to act on their behalf. You'll need to share these Terms with your clients too.

2.5 Disputes

If there's a disagreement about who owns an account or any content created using our Services, we'll do our best to figure it out. We might need to see some documentation (like government ID or trademark certificates) to help us decide.

Here's how we generally determine ownership:

• The account owner is usually the person with access to the Primary Email Address for that account.
• The owner of content created using our Services is typically the person with access to the account used to create it. 
• For paid Services, we might consider the owner to be the person or entity whose billing details were used for payment.

If we can't resolve a dispute, we might have to suspend the account or remove content until the parties involved can work it out. We'll do our best to be fair, but the final call is ours to make.

2.6 Continuity of Service

If you're working with a web designer, developer, or agency using Finsweet's tools and Services, and they become unreachable for any reason, we won't be able to transfer their Finsweet Account or provide direct access to projects they've created using our tools. In this situation, we can assist you in maintaining continuity of your Webflow project by:

1. Providing guidance on how to continue using Finsweet Products integrated into your Webflow site.
2. Offering support through our Discord community for troubleshooting and best practices.
3. If applicable, helping you set up your Finsweet Account to access Products, tools, and resources.

Remember, Finsweet is here to enhance your Webflow development experience. Our Products and Services are designed to integrate seamlessly with Webflow, but we don't host or control your actual Webflow site. For issues related to site hosting or Webflow-specific features, you'll need to contact Webflow directly.

3. Your content and Finsweet Products

3.1 Using Finsweet Products and Services

When you use Finsweet's Products and Services, you may create, upload, or manage various types of content. This could include web applications, custom logic, interactive elements, or any other materials you develop using our tools. We'll call all of this your "User Content."

You're responsible for any User Content you create or manage using Finsweet's Products and Services. We trust you to use our tools responsibly and in line with our Acceptable Use Policy. Remember, what you create might be publicly visible online, so make smart choices about what you publish.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and Service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

3.2 Your rights and Finsweet's license

You keep ownership of your User Content - that's yours. However, to provide our Services effectively, we need certain permissions from you. By using Finsweet's Products and Services, you're giving us a license to use your User Content in specific ways. This license is non-exclusive (meaning you can license your content to others too), royalty-free (we won't pay you for it), transferable, sub-licensable, and worldwide.

This license allows us to use, store, modify, reproduce, distribute, and display your User Content as needed to provide and improve our Services, including Wized. It also lets us use your User Content to test, promote, and secure our Products and Services.

Keep in mind that if you make any of your User Content publicly available online, other people might be able to find, use, or share it.

3.3 Backing up your content

We always recommend keeping backups of your work. While we do our best to keep your User Content safe and accessible, you're responsible for any content that might get lost or become unrecoverable while you're using our Products and Services. We encourage you to regularly back up and archive your User Content. Just to be clear, we're not obligated to create or maintain backups of your User Content for you, unless it is explicitly stated in the offering of that Product.

3.4 Featuring your work

We love showcasing the amazing things our users create! Sometimes, we might want to feature your User Content or your name, trademarks, logos, or other identifying marks (we'll call these your "Marks") in our marketing materials. By using our Services, you're giving us permission to do this.

This means we can display your published User Content or Marks on our website, in our customer lists, on our social media accounts, or in other promotional materials. Don't worry - we'll always make sure to use your work in a way that makes you look good.

If you ever want us to stop using your User Content or Marks in our marketing, just let us know by emailing us at [email protected].

3.5 Removing your content

You can remove your User Content and stop using our Products and Services at any time. If you don't have the rights to certain content as outlined in this Agreement, you must remove it.

3.6 Health information and HIPAA

Our Products and Services aren't designed to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). Please don't use Finsweet Products or Services to handle or store Protected Health Information as defined by HIPAA.

3.7 Content removal and legal compliance

We always aim to keep Finsweet a safe and positive space for everyone. If your use of our Products or Services, or any of your User Content, breaks the rules in this Agreement (including our Acceptable Use Policy) or could potentially harm Finsweet, our customers, or anyone else, we might need to step in. This could mean limiting, removing, archiving, or disabling some or all of your User Content or your access to our Products and Services.

We'll do our best to let you know before we take any of these actions, unless we think that doing so would: a) Break the law or go against a legal order b) Put our Products, Services, or systems at risk c) Potentially harm our users, third parties, or Finsweet d) Open Finsweet up to legal issues

Lastly, we have zero tolerance for Child Sex Abuse Materials (CSAM). If we find any CSAM in your User Content, we'll report it to the relevant authorities right away. By using our Products and Services, you're agreeing that we can scan your User Content for CSAM and report any findings to the proper authorities.

4. Your responsibilities

4.1 Rights to content

When using Finsweet's Products and Services, you maintain responsibility for your content. By using our Services, you confirm that:

• You have obtained all necessary licenses, authorizations, and permissions for the content you use with our tools.
• Your content doesn't infringe on anyone else's intellectual property rights.
• You have the authority to grant Finsweet the rights necessary to provide our Services in relation to your content.

4.2 Compliance with applicable law

You agree to comply with all applicable laws and regulations when using Finsweet's Products and Services, including but not limited to:

• Privacy laws
• Data protection rules
• Export controls and regulations

While Finsweet can't provide legal advice, we encourage you to stay informed about the laws applicable to your projects.

4.3 Acceptable use policy

Your use of Finsweet's Products and Services must comply with our Acceptable Use Policy. Key points include:

• Using our Products and Services responsibly and as intended.
• Not reselling or sublicensing access to our Products without Finsweet's written consent.

4.4 End users

As a Finsweet customer, you are responsible for your end users - those who interact with the websites and applications you create using our tools. Your responsibilities include:

1. Communication: Provide necessary notices and obtain required consents from your end users.
2. Legal compliance: Be aware of and comply with any additional legal requirements, especially if working with users outside the U.S.
3. Security:some text
   • Protect the information you collect through our Products.
   • Notify Finsweet promptly in case of any security breaches involving your end users' data.
4. Privacy:some text
   • Be transparent about data collection and usage.
   • Obtain necessary consents before collecting or processing end user data.
   • Create and adhere to a clear privacy policy.
   • Handle privacy requests from your end users (e.g., data deletion requests).
5. Liability: You are solely responsible for any losses, personal injury, or property damage to end users or third parties arising from your use of Finsweet's Products and Services.

4.5 Use of Products

For Finsweet Products, it’s important to understand that:

1. License agreement: Your use is governed by the license terms accompanying the software. In absence of a specific agreement, Finsweet grants you a limited, revocable, worldwide, royalty-free license for personal, non-commercial use.
2. Restrictions: You may not decompile, reverse engineer, or attempt to discover the source code of the software.
3. Updates: The software may update automatically to improve functionality, fix bugs, or add features. By using our software, you agree to receive these updates.

4.6 Security

Finsweet provides Products and tools that allow you to build security and compliance protocols into your projects. You have the opportunity to build projects in a secure way, but it’s not our responsibility to make sure you’re building secure projects. To be clear, you're responsible for maintaining security and compliance protocols in your project, as well as how your users interact with your data.

If you have questions or concerns about building secure projects, Finsweet Agency may be able to offer consultation.

5. Third-party Services, Product-specific terms, and content

5.1 Product-specific terms

When you use Finsweet's Products and Services, you might encounter additional terms specific to each offering. These Product-specific terms are part of our overall Agreement with you, so give them a read too.

Product-specific terms can be found on the product’s marketing website footer.

5.2 Content responsibility

Let's talk about content. When you're using Finsweet's Products or participating in our community forums, you might be creating or sharing various types of content. Here's the deal: you're responsible for what you post or send through our Services.

Finsweet isn't playing content police here. We don't monitor everything that goes through our Products or community channels, and we're not liable for any content you or others create. This includes claims about defamation, copyright infringement, privacy violations, or any other legal issues that might arise from user-generated content.

While we're not actively monitoring, we do reserve the right to remove any content that doesn't align with our community standards or terms of Service. We're all about fostering a positive, collaborative environment, so let's keep things respectful and legal.

5.3 Links and third-party resources

In our Products, educational content, or community forums, we might link to third-party websites or resources. These could be anything from helpful tools to interesting articles. Here's what you need to know:

1. We're not endorsing these third-party sites or vouching for their content. They're just resources we think you might find useful.
2. When you click on these links, you're leaving the Finsweet ecosystem. That means different terms of Service and privacy policies might apply.
3. We can't guarantee the accuracy or quality of content on these third-party sites. Use your best judgment when exploring them.
4. If you decide to use any third-party Services or resources, that's entirely your call. We're not responsible for what happens when you do.

In our Finsweet+ community or other forums, members might share their own links or resources. The same principles apply here - we're not endorsing these, so proceed with caution and do your own vetting.

6. What we own

6.1 Finsweet intellectual property

Everything we create at Finsweet is the result of our team's hard work and creativity. This section explains what we own and how you can use it.

All materials related to Finsweet's Products, Services, and educational content, including but not limited to our website, tools, visual designs, trademarks, logos, code, and documentation (collectively, "Finsweet IP"), are owned by us or licensed to us. This also covers the design, structure, and overall look and feel of Finsweet IP.

When you use our Products or Services, we're granting you a non-exclusive, revocable license to use them as intended and in line with this agreement. However, this doesn't mean you can copy, reproduce, sell, or distribute any part of Finsweet IP for public or commercial purposes without our explicit permission.

Remember, while you own the content you create using our tools (like web applications built with Wized), the tools themselves (like Wized) remain our property.

6.2 Your feedback

We love hearing from you! Your ideas and suggestions (which we call "Feedback") are always welcome. By sharing your Feedback with us, you're agreeing that we can use it without restrictions or obligations to you, even after this agreement ends. Don't worry - this doesn't affect any rights you have under data protection laws.

6.3 Beta Features

From time to time, we might invite you to try out new features or Products that aren't quite ready for public release yet. We call these "Beta Features." Here's what you need to know about them:

1. Using Beta Features is completely optional and at your discretion.
2. Beta Features are considered Finsweet IP and are covered by this agreement.
3. Please don't publicly discuss your participation in testing Beta Features without our written okay.
4. Beta Features might not work perfectly - that's why we're testing them! We can't be held responsible for any issues that arise from using them.
5. We might change or discontinue Beta Features at any time.
6. The final version of a Beta Feature might be different from the test version, or we might decide not to release it at all.

By participating in our beta testing, you're helping us improve our Products for everyone. We appreciate your input and patience as we prepare for public release.

7. Our rights

7.1 Important things we can do

At Finsweet, we're committed to providing innovative Products and Services. To maintain the quality and integrity of our offerings, we may need to make changes from time to time. Here's what you need to know:

We reserve the right to do the following at any time, using our best judgment and without prior notice (unless required by law):

a) Modify or update our Products, Services, or educational content. b) Pause or discontinue any part of our offerings. c) Restrict or revoke your access to our Services, Products, or community platforms. d) Limit or disable access to your Finsweet Account and the projects you created using our tools. e) Adjust our eligibility criteria for using Finsweet's Products and Services. If these changes conflict with laws in your area, we may need to restrict your access in that location. f) Monitor your use of our Products and Services for any harmful or disruptive behavior. If necessary, we may remove content, suspend accounts, or take other appropriate actions.

7.2 Ownership disputes

We understand that ownership disputes can sometimes arise - for instance, between a business and its employees, or between a web designer and their client. While we prefer not to get involved in these situations, we want to ensure fair use of our Services. Here's our approach:

We reserve the right to:

a) Determine the rightful owner of any project, Finsweet Account or other content created using our tools.
b) Transfer control of the disputed account or content to the party we believe to be the rightful owner.
c) If we can't confidently determine ownership, we may temporarily suspend access to the account or content until the dispute is resolved.

To help us make these decisions, we may ask for supporting documentation. This could include government-issued ID, relevant invoices, or business licenses.

We always aim to be fair, but please understand that our decisions in these matters are final. Our goal is to resolve issues quickly so you can get back to creating amazing projects with our tools and support.

8. Billing, payments, and renewals

Let's talk money. We know it's not the most exciting topic, but it's important. Here's the deal on how billing works for Finsweet's Products and Services:

8.1 Payment information

When you sign up for a Finsweet Product on paid plan, we'll need your payment details. You can provide these directly to us or through our trusted payment Service provider (PSP). Remember, you're responsible for paying all fees associated with using our tools.

8.2 Taxes

All our fees are exclusive of taxes. You'll need to cover any applicable federal, state, and local taxes, including sales, use, VAT, or similar transaction taxes.

8.3 Currency and exchange rates

We process all payments in U.S. Dollars. If you're paying in another currency, our PSP will handle the conversion using the current exchange rate. Just a heads up: if you request a refund for a payment made in a foreign currency, the refund amount might differ from your original payment due to exchange rate fluctuations. Unfortunately, that's out of our control.

8.4 Billing cycles

• Monthly plans: We'll bill you each month, starting on the day you started your paid subscription.
• Annual plans: We'll bill you each year, starting on the day you started your paid subscribed

Annual and monthly plans automatically renew for another year unless you cancel before your current term ends. We don't offer refunds for partial terms or unused time on active accounts.

8.5 Upgrades and plan changes

Leveling up your plan or switching from monthly to annual billing? Awesome! We'll apply any applicable credits to your account.

8.6 Cancellations

Need to cancel your Finsweet+ or Wized subscription? No problem. You can do this through your account dashboard. Check out our help articles for step-by-step instructions.

8.7 Usage limits and overages

If you're crushing it and exceed the usage limits of your plan (like monthly page views for Wized or total syncs for CMS Airtable), we might need to chat. We could charge overage fees, ask you to reduce your usage, or suggest upgrading to a higher plan. Don't worry – we'll always reach out to discuss your options before taking any action.

8.8 Price changes

We may update our pricing from time to time. If we do, we'll give you a heads up via email or by posting a notice on our website. Continuing to use our Services after a price change means you're cool with the new pricing.

8.9 Enterprise agreements

If you have a separate Enterprise agreement with us, the terms of that agreement will take priority over conflicts in this document.

9. Privacy and security

At Finsweet, we take your privacy seriously. We want you to feel confident about how we handle your information, so we created an entire agremeement talking about it—Check out our Privacy Policy to learn how we handle your privacy.

We put a lot of effort into protecting your information, but we also want to be upfront: the internet isn't always a perfectly secure place. While we use industry-standard measures to keep your data safe, we can't guarantee that determined unauthorized third parties will never find a way around our security. It's like having a top-notch lock on your front door – it's very secure, but it's not impossible for someone to pick it if they're really determined.

We're constantly working to improve our security measures, but we also believe in being transparent. When you share information with us, whether it's through our Products and Services or public community channels, you're trusting us with that data. We take that trust seriously, and we'll always do our best to live up to it.

10. Intellectual property policy

Here at Finsweet, we're passionate about creativity and innovation. That's why we take intellectual property rights seriously. We respect the work of others, and we expect our clients and community members to do the same.

Think someone's crossed the line with your intellectual property? We want to know about it. Drop us an email at [email protected]. We'll look into it promptly and handle the situation fairly.

Let's work together to keep our Finsweet ecosystem a place where creativity thrives and rights are respected.

11. Confidentiality

11.1 Confidential information

Here at Finsweet, we believe in open communication, but we also know some information needs to stay under wraps. When we (the "Discloser") share non-public info about our business, tech, finances, or other areas ("Confidential Information") with you (the "Recipient"), we're trusting you to handle it with care. This includes details about our Products and Services.

To be clear, we both agree to use each other's Confidential Information only for the purposes outlined in these Terms. It's about mutual trust and protecting what matters to our businesses.

11.2 Obligations

As the Recipient, you'll use our Confidential Information only to decide whether to use (or keep using) Finsweet's Products and Services. You can share this info with your team members who need to know it, as long as they're also bound to keep it confidential.

There are two cases where you can disclose our Confidential Information: a) If we give you the green light b) If the law requires it, but we ask that you: i) Give us a heads up if possible ii) Work with us to minimize what's disclosed

These confidentiality rules stick around for as long as you're working with us, plus five years after that.

And just so you know, this is a two-way street. We'll treat any Confidential Information you share with us with the same respect.

12. Disclaimer of warranties and limitation of liability

FINSWEET'S SERVICES (INCLUDING BUT NOT LIMITED TO BRANDING, WEB DESIGN, DEVELOPMENT, AND MAINTENANCE), PRODUCTS (SUCH AS WIZED, COMPONENTS, ATTRIBUTES, CLIENT-FIRST, CMS BRIDGE, AND THE FINSWEET EXTENSION), EDUCATIONAL CONTENT, COMMUNITY OFFERINGS, AND ALL FINSWEET INTELLECTUAL PROPERTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SERVICES, PRODUCTS, EDUCATIONAL CONTENT, COMMUNITY OFFERINGS, OR ANY FINSWEET INTELLECTUAL PROPERTY IS TO STOP USING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS  OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE OUR SERVICES, PRODUCTS, EDUCATIONAL CONTENT, COMMUNITY OFFERINGS, OR FINSWEET INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINSWEET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF OUR SERVICES, PRODUCTS, OR INTELLECTUAL PROPERTY; (II) PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES, PRODUCTS, EDUCATIONAL CONTENT, OR COMMUNITY OFFERINGS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU OR BY FINSWEET ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR Products and Services; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, PRODUCTS, OR THIRD PARTY PRODUCTS; (VII) ANY ERRORS OR OMISSIONS IN ANY FINSWEET INTELLECTUAL PROPERTY OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY FINSWEET INTELLECTUAL PROPERTY; (VIII) ANY LOSS OF ACCESS TO YOUR PRIMARY EMAIL ADDRESS; AND/OR (IX) CONTENT CREATED USING OUR SERVICES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FINSWEET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS RELATED TO THIS AGREEMENT IN AN AMOUNT EXCEEDING $100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FINSWEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

13. Indemnification

Let's break down this important legal stuff in plain English. When you partner with Finsweet for our Services or use our Products, you're agreeing to protect us from certain legal and financial risks. Here's what that means:

You agree to defend, indemnify, and hold Finsweet (including our team members, partners, and affiliates) harmless from any third-party claims or demands. This includes covering any losses, liabilities, and related costs (including reasonable attorneys' fees) that might arise from:

a) Your use of Finsweet's Products, Services, tools, resources, and content.

This also includes any claims related to your content or how your end users interact with what we've created or implemented for you.

b) Any breach of these Terms or other agreements you have with us. If you don't hold up your end of the bargain in our partnership, you're responsible for any fallout.

c) If you break any laws or infringe on someone else's rights while using our Services or implementing our designs. We're all about pushing creative boundaries, but it needs to be done legally and ethically.

d) Any tax-related claims connected to your e-commerce activities, especially if we've helped set up payment processing or online sales functionality for you. We don't want to be on the hook for any tax issues that might pop up from your business operations.

We're in this together to create amazing digital experiences, but we need you to take responsibility for how you use our expertise, tools, and Services. If something goes wrong and it's related to your use of Finsweet's offerings, you're agreeing to step up and handle it.

14. Changes to Finsweet Services and termination

At Finsweet, we're always cooking up new ideas to make our Products and Services even better for you. We're constantly innovating, which means our offerings might change from time to time. Here's what you need to know:

• We may update, add, or remove features from our Products without prior notice. We do this to keep improving and meet your evolving needs.
• Sometimes, we might need to pause or stop offering certain Services. If this happens, we'll do our best to give you a heads up, but there might be times when we can't.
• We may introduce new usage limits or adjust existing ones for our Products. These changes help us maintain the quality of our Services for everyone.
• If we believe you've violated this Agreement or any of our policies (like our community guidelines), we may need to suspend or terminate your access to our Services. We don't take this lightly, and we'll always aim to be fair.
• You're free to stop using our Services at any time. If you're a Finsweet+ member or Wized subscriber, you can cancel your membership or subscription through your account settings.

We're committed to providing you with the best possible experience, and these terms help us do that. If you ever have questions about changes or termination, don't hesitate to reach out to our support team.

15. Dispute resolution

15.1 Informal negotiations

Let's talk it out first. If there's a dispute related to this Agreement, we ask that you try to resolve it informally with us for at least 30 days before taking any formal action. To start this process, send us a written notice by email to [email protected]

15.2 Binding arbitration

If we can't sort things out through discussion, we'll use binding arbitration. This covers all claims related to Finsweet's Products and Services. By agreeing to this, we're both waiving the right to sue in court or have a jury trial.

We'll follow the Commercial Arbitration Rules of the American Arbitration Association (AAA). For claims under $10,000, we'll cover the fees unless the arbitrator finds your claim frivolous. The arbitrator will make a written decision that follows applicable law.

15.3 Exceptions to alternative dispute resolution

You can still bring an individual action in small claims court. You also retain the right to seek injunctive or equitable relief in a federal or state court in New York, NY for disputes about intellectual property rights.

15.4 Waiver of class actions

Any arbitration will be between Finsweet and you individually. Neither of us can participate in class actions or representative proceedings for these disputes.

15.5 Location of arbitration

Arbitration will happen in New York, New York. For disputes not subject to arbitration, we'll use the New York state and Federal courts in New York, New York.

16. U.S. economic sanctions

Finsweet complies with US economic sanctions. This section outlines how these regulations affect your use of our Products and Services.

Eligibility

You may use Finsweet's Services unless you are:

• A resident of a country embargoed by the United States
• A foreign person or entity blocked or denied by the United States government

Your assurances

By using our Products and Services, you confirm that:

1. You are not located in or a resident of any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria).
2. You are not listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Persons List.
3. You will not use our Products and Services, or allow any of your customers or potential customers to use them, in a way that may cause Finsweet to violate US export controls and sanctions.

Access restrictions

If we determine that your use of our Products and Services may violate US export controls or sanctions, or create unacceptable risk for us, we reserve the right to:

• Restrict or block your access to our Products and Services
• Restrict or block access for any of your end users
• Terminate our agreement with you

We may take these actions at any time without notice, at our sole discretion.

17. Miscellaneous

17.1 Assignment

Neither you nor Finsweet can hand off this Agreement or any of its rights or obligations to someone else without getting the other party's written OK first (and we promise not to be unreasonable about it). That said, Finsweet might need to shift things around sometimes. We reserve the right to assign this Agreement to one of our affiliates or as part of a corporate change (like a merger or acquisition). Don't worry – we'll make sure your Services keep running smoothly if that happens.

17.2 Governing law and jurisdiction

Let's talk about rules and where they apply. This Agreement plays by New York's rulebook, without getting tangled up in conflicts of law stuff. If we ever need to go to court (which we hope we don't!), it'll happen in New York State. By using our Services, you're giving the thumbs up to this arrangement.

Finsweet is headquartered in New York, but we know our community spans the globe. While we'd love to cater to everyone everywhere, sometimes local laws might clash with our Services. If you're tuning in from outside the US, it's up to you to make sure you're playing by your local rules, especially when it comes to import/export regulations.

17.3 Severability clause

If any part of this Agreement is found to be invalid, illegal, or unenforceable by a court, that part will be enforced as much as possible. The rest of the Agreement will still apply and remain in effect. The invalidity, illegality, or unenforceability of one part does not affect any other part, and the Agreement will be interpreted as if the invalid part was never included.

17.4 The main takeaway

This Agreement is the full story between you and us when it comes to using Finsweet's Products and Services. It trumps any older agreements or chats we might have had about this stuff. And don't worry – if one part of this Agreement hits a snag, the rest of it stays intact.

17.5 No take-backs

If we don't act on enforcing a part of these Terms right away, it doesn't mean we're giving up our right to do so later. We're not playing "gotcha" – we just want to keep things fair and consistent for everyone in the Finsweet community.

18. If you don’t agree, stop using our services

Make sure sure you agree to these Terms and every policy that’s part of the Agreement. If you don’t, you should discontinue use of Finsweet’s Products and Services immediately.

19. Changes to these Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. If we make any significant changes, we'll notify you by email or by posting a prominent notice on our website before the changes become effective. We encourage you to review these Terms periodically for the latest information on our service policies. Your continued use of Finsweet's Services after any changes constitutes acceptance of the updated Terms. If you don't agree with the revised Terms, you should discontinue use of our Services.

20. Contact us

We’re ready to help clarify anything about our Agreement. 

We prefer email because we’ll receive your message quickly and be able to respond quickly. Send an email to [email protected] to get the conversation started.

If physical mail is a must, you can reach us at: Finsweet, 1001A E Harmony Rd. #15, Fort Collins, CO, 80525, United States.