PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FOSTRUM SERVICES: These terms and conditions (this "Agreement") constitutes a legal agreement between Fostrum Financial Technologies, Inc. ("Fostrum") and both you and the company, entity, or business that you represent (collectively, "You", and together with Fostrum, the “Parties”) that governs Your use of Fostrum’s financial technology service platform, available through www.fostrum.com (the “Services”).
BY SELECTING "AGREE", OR BY TAKING ANY STEP TO INSTALL OR USE THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN YOUR PROVINCE OR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS IN THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND MUST NOT USE, OR IMMEDIATELY CEASE YOUR USE OF, THE SERVICES.
You may use the Services provided that You do so only in accordance with this Agreement, any other terms, conditions, instructions, or guidelines made available through or in connection with the Services.
Provision of Company Information to Fostrum. You may have the opportunity to submit information to the Services, including Your business name, address, email address, and certain financial information (“Company Information”). You hereby grant Fostrum, Fostrum’s customers, and their respective affiliates, employees, and representatives a perpetual, non-exclusive, assignable, transferrable, sub-licensable, royalty-free, fully paid-up, irrevocable, worldwide license to store, use, process, analyze, create derivative works of, display, share, and distribute the Company Information. Such license grant shall permit Fostrum to receive Your Company Information, apply certain algorithms to Your Company Information, use Your Company Information to retrieve further information about the company, entity, or business that You represent (which shall be deemed to also be Company Information).
Representations and Warranties. You represent and warrant that:the Company Information is true, accurate, complete, and without error;You are authorized to: (a) allow Fostrum to collect Company Information from other sources including your bank account and accounting software (collectively, “Third Party Services”); (b) submit to the Services the Company Information; and (c) to grant the licenses and rights contemplated in this Agreement; and the Company Information does not include or reference any information about an identified or identifiable natural person and for the avoidance of doubt, does not include or constitute personal information, personally identifiable information or personal data within the meaning of the Personal Information Protection and Electronic Documents Act (Canada), as amended or supplemented from time to time, or any comparable law.
Limitations. Fostrum does not, does not provide, and is not responsible for backups of Company Information. You acknowledge and agree that You will not rely on the Services and the Company Information submitted to the Services as the only record of the Company Information. You further acknowledge and agree that Fostrum may rely on third party service providers to host, store, deliver, and receive the Services and the Company Information.
The Services are the exclusive property of Fostrum and are protected by copyright, trade-mark and other intellectual property laws. Any rights not expressly granted by Fostrum to You are reserved by Fostrum, and Fostrum disclaims any implied rights and licenses.
You will not copy, reproduce, publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative works of the Services or any part thereof. You will not upload onto or enter into the Services any content or Company Information that: (a) is obscene, defamatory, or scandalous; (b) infringes, violates, or misappropriates any intellectual property rights of any third party; (c) violates any applicable laws or the privacy rights of any person; or (d) is intended to interfere with the operation or delivery of the Services in any way. You will not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Services. You will not copy, reverse engineer, decompile, reverse compile, translate, adapt, or disassemble the Services or any part thereof, and You will not attempt to create or derive the source code of the Services from the object code of the Services. You will not market, co-brand, or private label the Services or any part thereof. You will not use the Services or any part thereof: (i) for the benefit of any other person or entity, (ii) to create any software, components, designs or tools, including for the purpose of emulating or replacing Fostrum technology or the Services, or (iii) in competition with Fostrum in any way. You will not cause, assist or permit any third party to do any of the foregoing.
Links to Third-Party Sites
Information from Third Party Services
By providing the access information to such Third Party Services you grant us and Plaid Inc. (“Plaid”) the (“Bank Data Aggregator”) permission and authority to access the relevant third party accounts, on your behalf or on behalf from the principal account holder, and retrieve the relevant information to make it available as part of the Services. This can include aggregation of bank transaction data, account balances and financial statements. You agree to be bound by our Bank Data Aggregator Terms of Service in addition to this Agreement. You are not permitted to provide Fostrum with any access information for any Third Party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder. Fostrum is not obligated to review the information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information provided to us or any Third Party Service providers in connection with any of the Services.
You acknowledge that the Services require internet connectivity and transmit and receive data through Your network. Fostrum is not responsible or liable for any data charges associated with the use of the Services, or for any inability to use the Services or for any degradation in the performance of the Services. You are responsible for obtaining and maintaining all hardware and other equipment needed to access and use the Services, and all costs and fees associated with or incurred with regard to Your access and use of the Services.
If You fail to comply with any term or condition of this Agreement, then: (a) You are required to immediately stop using the Services; and (b) this Agreement will terminate immediately and without notice to You. Furthermore, Fostrum may terminate or restrict Your use of the Services at any time and without notice, in Fostrum’s sole discretion. Fostrum will not be liable to You or any third party for any termination of this Agreement or any termination or restriction of Your right to use the Services. In the event that this Agreement is terminated for any reason: (i) You are required to immediately stop using the Services; (ii) Your ability to use the Services under Section 1 will terminate contemporaneously; and (iii) with the exception of Section 1, all other terms and conditions of this Agreement will survive such termination.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE", IN EACH CASE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY KIND. FOSTRUM, ON BEHALF OF ITSELF, DISTRIBUTORS OF THE SERVICES, NETWORK OPERATORS OVER WHOSE NETWORK THE SERVICES ARE DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES, HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITH RESPECT TO MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY. FOSTRUM PROVIDES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION OR PROVISION WILL BE UNINTERRUPTED OR FREE OF ERRORS, VULNERABILITIES, VIRUSES/MALWARE OR OTHER HARMFUL CONDITIONS OR COMPONENTS. FOSTRUM PROVIDES NO WARRANTY THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. FOSTRUM ASSUMES NO LIABILITY FOR ANY LOST, CORRUPTED, DESTROYED, OR INADVERTENTLY DISCLOSED COMPANY INFORMATION OR OTHER DATA, INCLUDING DATA THAT IS THE SUBJECT OF A DATA BREACH. YOU ACKNOWLEDGE THAT BY ENTERING INTO THIS AGREEMENT AND USING THE SERVICES, YOU HAVE NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES MADE BY FOSTRUM.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL FOSTRUM, ITS PARENT OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS, OR SUPPLIERS, OR ANY DISTRIBUTOR OF THE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH A THIRD PARTY’S OR YOUR USE OF OR INABILITY TO USE THE SERVICES, AND/OR COMPANY INFORMATION INCLUDING, WITHOUT LIMITATION, A THIRD PARTY’S OR YOUR RELIANCE ON THE SERVICES AND/OR COMPANY INFORMATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND EXEMPLARY DAMAGES, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF PROFIT, LOSS OF DATA, AND LOSS OF OPPORTUNITY), WHETHER IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF FOSTRUM OR AN AUTHORIZED REPRESENTATIVE OF FOSTRUM HAS BEEN ADVISED OF, SHOULD HAVE KNOWN OF, OR HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES IMMEDIATELY. YOU ACKNOWLEDGE BY YOUR USE OF THE SERVICES THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. FOSTRUM HAS NO RESPONSIBILITY, AND WILL IN NO WAY BE HELD LIABLE FOR THE SECURITY OF THE DEVICE YOU USE TO ACCESS THE SERVICES OR FOR ANY DAMAGE CAUSED TO, INABILITY TO USE, OR DEGRADATION IN PERFORMANCE OF YOUR DEVICE ARISING FROM OR RELATING TO ANY USE OF THE SERVICES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FOSTRUM, ITS PARENT OR AFFILIATED COMPANIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, OR ANY DISTRIBUTOR OF THE SERVICES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You will not sue Fostrum, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, or licensors, and distributors of the Services, and hereby waive any and all claims against Fostrum relating to any loss, damage, or liability whatsoever arising out of or related to Your use of the Services, acts or omissions in response to Your use of the Services, and acts or omissions of other users related to the Services. You will defend, indemnify, and hold harmless Fostrum, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers or licensors, and distributors of the Services from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from Your: (a) breach of this Agreement; (b), use or misuse of the Services; (c) violation of any laws, regulations or third party rights; (d) Your negligent act or omission; or (e) Your willful misconduct or fraud.
You acknowledge that any violation of the provisions of this Agreement will cause irreparable damage or injury to Fostrum, the exact amount of which may be impossible to ascertain, and that, for such reason, in addition to any other remedies available to Fostrum, Fostrum is entitled to proceed immediately to court in order to obtain, and You will consent to, interim, interlocutory, and final injunctive relief restraining You from breaching, and requiring You to comply with, Your obligations pursuant to this Agreement, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made. You acknowledge the importance to Fostrum of Your strict compliance with the terms and conditions of this Agreement and acknowledge that Fostrum’s interest in the strict enforcement of this Agreement will outweigh the balance of convenience or harm that You may suffer as a result of the strict enforcement of this Agreement. Nothing in this Section will be construed to limit the right of Fostrum to obtain injunctive relief in any other circumstance in which Fostrum may be otherwise entitled to such relief.
Compliance with Laws
You will comply with all applicable laws and regulations of Canada and other countries ("Applicable Laws") to ensure that the Services and/or any applicable Company Information is not (a) exported, directly or indirectly, in violation of Applicable Laws, or (b) used for any purpose prohibited by Applicable Laws.
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You attorn to the jurisdiction of the courts of the Province of British Columbia with respect to any proceedings arising from this Agreement. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
This Agreement (including the terms herein and any terms incorporated herein by reference) constitutes the entire agreement between the Parties with respect to the Services. Except as expressly provided herein, this Agreement supersedes and cancels all previous or contemporaneous written and oral agreements, communications, proposals, and representations relating to the subject matter contained herein.
Change of Terms
Fostrum may amend the terms of this Agreement at any time, in Fostrum’s sole discretion. Your continued use of the Services following any such amendment constitutes Your acceptance of such amendment. You acknowledge that it is Your responsibility to periodically review this Agreement and any applicable changes and You hereby waive any entitlement to notice of changes to the terms and conditions contained herein. If You do not agree with any such amendment, then: (a) You are required to immediately stop using the Services; and (b) this Agreement will terminate immediately and without notice to You.
No failure or delay of Fostrum in exercising any right, power or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise of any right, power or remedy under this Agreement. If any provision of this Agreement is held by a court to be void, invalid, unenforceable or illegal, this will in no way affect the application of such provision in any other circumstance, or the validity or enforceability of this Agreement or any other provision herein. Section headings used in this Agreement are intended for convenience only and will not affect the interpretation or construction of this Agreement. This Agreement will enure to the benefit of, and be binding on, the Parties and their successors and permitted assigns. You will not assign Your rights or obligations under this Agreement without the prior written consent of Fostrum.
Types of Data Collected
Use of Data
FOSTRUM FINANCIAL TECHNOLOGIES, INC uses the collected data for various purposes: to provide and maintain our Service; to notify you about changes to our Service; to allow you to participate in interactive features of our Service when you choose to do so; to provide customer support; to gather analysis or valuable information so that we can improve our Service; to monitor the usage of our Service; to detect, prevent and address technical issues; to fulfill any other purpose for which you provide it; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.; to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information; in any other way we may describe when you provide the information; for any other purpose with your consent.
Retention of Data
Transfer of Data
Disclosure of Data
We may disclose personal information that we collect, or you provide: Disclosure for Law Enforcement.Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities. Business Transaction.If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. Other cases. We may disclose your information also: to our subsidiaries and affiliates; to contractors, service providers, and other third parties we use to support our business; to fulfill the purpose for which you provide it; with your consent in any other cases.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service. Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Links to Other Sites
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”). We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
Fostrum's statements regarding its plans, directions and intent in connection with Canada and the U.S are subject to local laws, regulations and obtaining the necessary regulatory approvals and authorisations. Information on this website is subject to change or withdrawal without notice at Fostrum's sole discretion.
© Fostrum Financial Technologies Inc, 2020