Terms and Conditions
Version 1.0
Last updated: 27.02.2024
1. INTRODUCTION
1.1. These Terms and Conditions (the “Terms”) are a contract between you, as an individual (“user”, “your”, “you” as applicable), and FinKratt OÜ (“FinKratt”, “our”, “we”, or “us” as applicable), a private limited company based in Estonia (company registry code 16712820), which defines the terms and conditions under which we provide our Service to you. These Terms refer to and incorporates by reference additional documents (the “Additional Documents”), which also apply to your use of our Service, including:
(a) Our Privacy Notice, which explains how we collect, use, and protect your personal data.
(b) Our POC Data Handling & Security Practices, which explains how we anonymise the data you submit to our POC for retention purposes.
1.2. Acceptance of these Terms: By using our Service or visiting our Website https://www.finkratt.com (“Website”), you confirm that you accept and agree to these Terms in their most current form as posted on our Website. If you do not agree, you must not use our Service or visit our Website.
1.3. Our Service: FinKratt provides a free financial report generation service (the “Service”) designed to assist individuals in managing their finances by providing a predefined financial roadmap and additional educational materials. These reports are generated based on information users provide through a form, which is then processed and compiled into a personalised report.
1.4. Priority of these Terms: Where there are any differences between these Terms, the Additional Documents, or information we provide on our Website, the terms in these Terms will take priority.
1.5. No Professional Advice: The information provided by our Service is for general informational purposes only and is not intended as professional financial advice. We are not financial planners, brokers, or tax advisors.
1.6. Future changes: We may update these Terms from time to time without prior written notice. Any changes made to these Terms will take effect as soon as they are posted on our Website. You can always see the most current version of these Terms on our Website. Your continued use after changes means you accept the new Terms.
2. FUTURE DEVELOPMENTS AND POTENTIAL FOR CHARGES
2.1. Future Developments: FinKratt may introduce new functionalities and services beyond those detailed in Section 1.3, aimed at enhancing user financial management.
2.2. Potential for Charges: While our current Service is free, we may introduce charges for future features or services. All such changes will be communicated clearly and will require your explicit consent before any fees are applied.
3. WHO CAN USE OUR SERVICE
3.1. Eligibility Criteria: Our Service is available to individuals who are at least 18 years of age. By using our Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.
3.2. Intended User Base: Our Service is particularly suited for residents of Estonia who earn a fixed or semi-fixed salary. This focus allows us to tailor our financial roadmap and educational materials. However, this does not constitute an eligibility criterion, and our Service is open to all who meet the age requirement outlined in Section 3.1.
4. PROHIBITED USES OF OUR SERVICE
4.1. General Compliance: You must use our Service solely for its intended purpose as per Section 1.3. Misusing our Service in any manner not expressly permitted by these Terms is strictly prohibited.
4.2. Specific Prohibitions: In using our Service, you agree not to:
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- Misrepresent your identity or affiliation with any person or organisation.
- Access or attempt to access Service functionalities in a manner that you are not explicitly authorised for.
- Engage in any activity that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, discriminatory, or otherwise objectionable or disruptive.
- Introduce any form of malicious software into the Service, or in any way disrupt or interfere with the operation of the Service, including through unauthorised access, hacking, or bypassing security measures.
- Copy, modify, translate, reverse engineer, disassemble, or otherwise attempt to extract the source code of the Service.
- Infringe on the intellectual property rights of FinKratt or any third party.
Collect or harvest any personal data from the Service without authorisation. - Violate any applicable laws or regulations, or infringe upon the rights of others.
4.3. Technical and Legal actions: FinKratt reserves the right to take any necessary technical and legal actions in response to breaches of these Terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Ownership of Service Content: All content, trademarks, and intellectual property associated with the Service and Website are the exclusive property of FinKratt. Unauthorised use of FinKratt’s trademarks or proprietary content is strictly prohibited.
5.2. Licence to You: You are granted a non-commercial, personal licence to utilise the Service as outlined in these Terms, excluding rights to access the Service’s source code, alter, or redistribute the Service.
5.3. Ownership of Content Provided by You:
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- Ownership of Anonymised Data: When the content you provide is fully anonymised in accordance with our POC Data Handling & Security Practices, FinKratt will hold ownership of this anonymised data. We may keep this data indefinitely to analyse, enhance, and develop new functionalities for the Service.
- Licence to Use Your Content: By sharing content with the Service, you give us a worldwide, perpetual, royalty-free licence to use this content, once anonymised, to improve the Service and create new features.
6. INTERRUPTIONS TO THE SERVICE
6.1. Service Availability: We aim to ensure that the Service is available to you as consistently as possible. However, we reserve the right, at our sole discretion, to interrupt, suspend, or terminate the Service at any time for any reason, without prior notice.
6.2. No Guarantee of Uninterrupted Service: While we strive to maintain the Service’s availability, we cannot guarantee that it will be uninterrupted or accessible at all times.
6.3. No Liability for Interruptions: We shall not be liable for any interruptions in the Service, regardless of their cause or duration.
6.4. User Acknowledgment: By using the Service, you acknowledge and accept that service interruptions may occur and that we are not liable for any inconvenience, loss, or damage that may result from such interruptions.
7. TERM AND TERMINATION
7.1. Term: These Terms are effective upon your access to our Website or use of the Service and continue until updated or terminated.
7.2. Termination: You are free to terminate your agreement to these Terms at any time by discontinuing your use of the Service and ceasing to visit our Website. Termination of these Terms does not affect any rights, obligations, or liabilities that you or we have accrued up to the point of termination.
8. THIRD-PARTY SERVICES
8.1. Access to Third-Party Services: We may provide access to services, products, or applications provided by third parties (“Third-Party Services”) through our Service. However, this does not imply an endorsement or recommendation of their use.
8.2. No Responsibility: We are not responsible for the content, functionality, or reliability of Third-Party Services. Your use of any Third-Party Services is solely at your own risk and subject to the terms and conditions of those services.
9. DISCLAIMERS
9.1. General Disclaimer: FinKratt’s sole activity is to provide the Service. We do not offer financial, investment, legal, tax, or any other professional advice. We are not a broker, financial advisor, investment advisor, portfolio manager, or tax advisor. Nothing within the Service shall be considered an offering of any currency or financial instrument, nor as investment advice or recommendations.
9.2. “As Is” Provision: To the maximum extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all warranties and conditions, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Service’s completeness, reliability, timeliness, security, or accuracy. Your sole remedy for dissatisfaction with the Service is to stop using it.
10. LIMITATION OF LIABILITY
10.1. Warranties and Representations: FinKratt makes no warranties or representations beyond those explicitly stated in these Terms. The Service is not tailored to meet individual needs.
10.2. Limitation of Liability: To the maximum extent permitted by applicable law, FinKratt, including its directors, officers, employees, or agents, shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages incurred by you in connection with the use of the Service. This includes, but is not limited to, loss of profit, lost opportunities, data loss, or any other intangible losses.
10.3. Maximum Aggregate Liability: Our maximum aggregate liability to you shall be limited to EUR 100.
10.4. Exclusions to Limitations: The limitations of liability in this section do not apply to damages caused by FinKratt’s intentional misconduct or gross negligence.
11. INDEMNIFICATION
11.1. User Indemnity: You agree to indemnify and hold harmless FinKratt, its directors, officers, employees, agents, and successors from any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
11.2. Defense and Cooperation: You will assist FinKratt in defending against such claims and not settle without our consent. FinKratt retains the right to assume defense and control of any matter subject to indemnification by you.
12. GOVERNING LAW AND DISPUTES
12.1. Governing Law: These Terms shall be governed by the substantive law of Estonia.
12.2. Disputes Resolution Method: Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules. The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Tallinn, Estonia. The language of the arbitral proceedings shall be English.
13. MISCELLANEOUS
13.1. Entire Agreement: These Terms, including referenced documents, constitute the full agreement between you and FinKratt regarding the Service, superseding all prior agreements.
13.2. Non-Waiver: Failure to exercise rights under these Terms does not waive those rights.
13.3. Severability: If any term provision is invalid or unenforceable, the remainder continues in effect, aiming to reflect the original intent.
13.4. Language: These Terms are in English. In case of discrepancies between any different versions, the English version prevails.
13.6. Assignment: You cannot transfer rights or obligations under these Terms without our consent. We may transfer our rights to a third party, notifying you in advance.