End User License Agreement

End User License Agreement (EULA)

Last updated: 1st August, 2024

1. Introduction

This End User License Agreement ("EULA") is a legal agreement between you ("End User" or "you") and Finnex AI Pty Ltd ("Company," "we," "us," or "our") governing your use of the FINNEX AI Software ("Software" or "Service"). By installing, accessing, or using the Software, you agree to be bound by the terms of this EULA.

2. License Grant

The Company grants you a revocable, non-exclusive, non-transferable license to use the Software strictly in accordance with the terms of this EULA.

3. Scope of License:

This license allows you to install and use the software on your Device. You may not:

  • Copy, modify, reverse engineer, decompile, or disassemble the software.

  • Install or use any third-party software or technology in any way that would subject our software to other license terms.

  • Work around any technical limitations in the software.

  • Use the software for any unlawful purpose.

  • Transfer the software to another party without our written consent.

4. User Responsibilities

  • Proper Use: You agree not to use the Software in any way that may impair the functionality or interfere with others' use of the Software.

  • Technical Requirements: You are responsible for ensuring that your Device meets all necessary technical specifications to enable you to access and use the Software.

  • Compliance: You agree to comply with all applicable laws and regulations while using the Software.

5. Software Updates and Maintenance

The Company may update the Software applied to your Device automatically. These updates aim to improve, enhance, and further develop the Software and may include bug fixes, enhanced functions, new software modules, and completely new versions.

6. Compliance with Marketplace and Third-Party Terms

By using the Service, you agree to adhere to the terms of use and privacy policies of the marketplace through which you accessed our software (e.g., Microsoft Marketplace, Xero Marketplace, Quickbooks Marketplace or other platforms), as well as those of third-party AI providers including but not limited to OpenAI, Microsoft, Google, and Anthropic. It is your responsibility to review and comply with these terms as part of your use of the Service.

7. Data Handling and Security

Your use of the Software involves the transmission of data and information to and from third-party services, including third-party software and cloud databases. You consent to the processing, transmission, and disclosure of such data in accordance with our Privacy Policy and applicable law.

8. Third-Party Charges

The Company is not responsible for any charges incurred from the use of third-party APIs integrated with the Service. You are responsible for monitoring and managing your API consumption and any related charges. We recommend reviewing the pricing and usage terms of each third-party provider to understand your financial obligations.

9. Cloud Policy

All accounts adhere to our standard cloud policy, which includes cloud backup, Disaster Recovery (DR), and High Availability (HA). For further information, please contact us via email.

10. Data Retention Policy

  • Starter Plan User Accounts: Starter plan user accounts and associated data will be deleted one month after the credit expiration or deletion of the account, unless upgraded to a paid package.

  • Business Plan User Accounts: Data for Business plan user accounts will be retained for three months following the credit expiration or deletion of the account.

  • Account Deletion: If user selects and confirms the "Delete Account" option, all associated data will be deleted immediately.

  • Token Usage Logs: We are required by applicable law to store token usage log data for 5 years for audit purposes. This includes records of token consumption, and any related data logs to ensure compliance with legal and regulatory standards.

11. Multi-Tenancy

Our service architecture employs a multi-tenant infrastructure for all user types, with the exception of single-tenant user types, which utilize a dedicated single-tenant infrastructure. For more detailed information, please contact us via email.

12. Pricing and Billing

General Pricing Currency: Unless otherwise stated, all prices displayed in the application interface, on our website, and in related communications—including subscription plans and token-based usage—are denominated in United States Dollars (USD), regardless of whether the currency symbol ($) is explicitly labeled.

12.1 Subscription Plans

  • Subscription Plans: Subscription plans grant access to selected features and services on a recurring basis (e.g., monthly or annually) as described on our pricing page. Subscription charges are billed in advance and renew automatically unless cancelled through the account settings prior to the end of the billing cycle. You are responsible for managing your subscription and ensuring timely cancellation to avoid being charged.

  • Refund Policy: All subscription payments are non-refundable unless required by law.

12.2 Token-Based AI Usage and Credits

  • Usage Policy: Our application employs a token-based model for its AI services, similar to the practices utilized by industry leaders such as OpenAI. Each API request consumes tokens, representing units of text, including both input and output, as well as context tokens.

  • Billing: The usage of AI features within our application is billed based on the number of tokens consumed during each API interaction. The total token count includes the prompt (input plus context) and the generated response (output).

  • Token Charges: Charges per token are predetermined and specified in our pricing schedule available on our website. These charges are subject to change, and any adjustments will be communicated through official updates or amendments to our Terms & Conditions.

  • Credits System: Users purchase credits to utilize AI services within our application. Each credit corresponds to 1,000 tokens. Users can monitor their credit usage through their account dashboard, which provides a detailed breakdown of credit consumption and associated costs. All credits purchased are not refundable.

  • Tracking and Reporting: Users can track their credit usage via their account dashboard, which offers a comprehensive breakdown of credit consumption and related costs. This transparency enables users to manage their usage according to their operational requirements and financial planning.

12.3 Adjustments and Disputes

In the event of discrepancies in billing, users are encouraged to contact our support team within 30 days of the billing date for clarification or adjustment. We are committed to reviewing each query promptly and thoroughly to ensure fairness and accuracy.

13. Liability for AI-Generated Data

We disclaim all liability for any inaccuracies or errors in data or actions generated by Artificial Intelligence (AI). Users are responsible for verifying the accuracy of any AI-generated results before relying on them.

14. Termination

The Company may terminate or suspend your access to the Software immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this EULA.

Upon termination, your right to use the Software will cease immediately.

15. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Software during the 12 months before the incident giving rise to the claim..

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, third-party software and/or third-party hardware used with the Software, or otherwise in connection with any provision of this EULA), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

16. Severability and Waiver

Severability: If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to 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.

17. Changes to This EULA

We reserve the right, at Our sole discretion, to modify or replace this EULA at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Software after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Software.

18. Contact Us

If you have any questions about this EULA, you can contact us:

  • By email: info@finnex.ai