Terms of use

Effective Date: 01 September 2023

Preamble

Welcome to Fintracking! Kindly note that the usage of Fintracking (also referred to as ‘Fintracking’ or ‘we’, ‘our/ours’, ‘us’) websites are conditioned upon these Terms of Use, from now on called ‘Terms’.

These Terms only govern website visitors’ (also referred to as ‘you’, ‘your/yours’) access to and use of the Fintracking website (Fintracking.ai) and Fintracking’s public-facing website (Fintracking.ca) (collectively the ‘Websites’).

Please read these Terms carefully as they define your rights and obligations to Fintracking when using the Websites.

These Terms should not be considered an agreement which specify contractual obligations for the provision of identity verification Services. They also do not alter in any way any other agreement you may have with Fintracking.

Your use of the Fintracking website constitutes automatic acceptance of these Terms.

  1. Definitions
  • Agreement
    the legal act establishing rights and obligations of concerning parties;
  • Customer
    the legal entity to which Fintracking provides Services under the Terms and Conditions (Service Provider Agreement);
  • Customer Account
    a dedicated account created by a prospective Customer’s representative via Fintracking’s Website for the purposes of subsequent provision of Services and invoicing;
  • Service(s)
    the identity verification service and connected services provided by Fintracking;
  • Demo version of Services
    is referred to as WebSDK Demo on Fintracking’s website;
  • Website visitor
    any individual using Websites or the Demo version of Services;
  • Websites Content
    the protected results of intellectual activity, including any text, music, sound, photographs, video, graphics, data, or software, trademarks, trade names, trade styles, logos and other intellectual property presented on website or through the websites.
  1. Scope of these Terms

When interacting with the Websites you, being a Website visitor, should respect the provisions of these Terms.

When creating a Customer Account on the Fintracking website, you, being a Customer, are bound by the Terms and Conditions, which constitute the contractual obligations for the provision of Services.

  1. Your Privacy

For Websites use and access to the content, we collect necessary data about you – so-called “necessary cookies”. You can find more information in our Privacy Policy. Some interactions with the Websites, such as filling out forms or receiving feedback for requests, may lead to the collection of other personal data. The rules for processing such data are available in the Privacy Policy.

  1. Age requirements

You may only use the Websites if you are 16 years of age or older. To register for a Customer Account, use the Demo version of the Services, submit a request to us, or subscribe to receive any Content or other marketing or promotional material from us, you must reach the age of majority under the national laws of your country/countries of citizenship and/or residence. If you do not meet the requirements, you are not allowed to use the Websites or interact with us in any manner, or use Demo version Services.

  1. Customer Account use

Access to and use of certain areas of the Websites are restricted to authorised visitors only.

When creating the Customer Account, you become responsible for maintaining the confidentiality of your password and account access, and take full responsibility over all activities that occur with your password or account access. By using the account as a third person, you warrant that you are an authorised user of this account. You agree to immediately notify Fintracking if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.

  1. Rules of communication and interaction with the Websites

Since the Websites enable the possibility to submit requests to Fintracking, or interact with Fintracking by other means, you should comply with the following rules. Failure to comply with these rules may result in you being blacklisted by us and barred from communicating with us in the future:

  • You must not use obscene language;
  • You must not send messages that are abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • You must not send messages that are intended to promote or incite violence;
  • You must not send us ‘spam’;
  • You will not send messages or upload to the Websites viruses, Trojan horses, worms or other computer programming routines that are intended to damage, interfere with, intercept or expropriate Website, any system, or information;
  • You must not impersonate other people.*

* Please note: This provision does not refer to your use of the WebSDK Demo on the Fintracking website. When using our Demo Mobile App or WebSDK Demo on Fintracking’s website, you may try to fool our tool by scanning any false object instead of your face (images projected on digital screens, synthetic masks, etc.).

  1. Intellectual Property

7.1. Copyright

All content of the Websites, including, but not limited to, blog articles, graphics, pictures, photos, video files, information about products, company, or people, elements of design, logo, as well as software and programs, are Fintracking`s proprietary and copyrighted works.
It is prohibited to use this content in any manner, including copying, adjusting, modifying, transmitting, retaining, publishing, or replicating, without obtaining Fintracking’s prior written permission. It is also prohibited to create any other material using the content of the Websites.

7.2. Trademarks and Trade dress

All brand and service marks, registered and unregistered trademarks, including, but not limited to, company names, slogans, phrases, logos, or symbols, contained on the Websites are protected by law. You are not entitled to use such brand and service marks and trademarks without the prior written permission of Fintracking.

You are not entitled to copy, imitate, or use, in whole or in part, the trade dress of the websites, including all page headers, custom graphics, button icons, and scripts, without Fintracking’s prior written permission.

If you possess permission from the Fintracking, you are not entitled to use Fintracking trademarks and trade dress in a manner that is likely to confuse customers, or in a manner that disparages or discredits Fintracking.

The websites contain other trademarks, logos, and slogans presented not owned by Fintracking that are the property of their respective owners. Fintracking uses such trademarks and logos with the permission of their owners. Therefore, you are not entitled to use such trademarks and logos without their written permission.

7.3. Copyright Complaints

Intellectual property infringement complaints can be sent to the following email: privacy@Fintracking.ca

  1. Exclusion of Warranties

You use the Websites at your own risk and responsibility. Fintracking provides the Website “as is” and “as available” without any warranties or representations.

In particular, Fintracking makes no representations or warranties of any kind whatsoever, concerning the Websites, to the extent permitted by applicable law:

  • that the content contained on the Websites is accurate, complete, or appropriate;
  • that there will be no interruptions on the Websites;
  • that the Websites will be timely, convenient, secure, and error‐free;
  • that the servers that make this website available are free of viruses or other components that may affect, harm, or cause damage to your computer or other devices.

Fintracking reserves the right to change any and all content contained in the websites and to modify, suspend or discontinue the Demo version of Services or any features or functionality of it at any time without notice and without obligation or liability.

  1. Limitation of Liability

Fintracking will not be liable, whether in contract, tort, strict liability, or otherwise, for any direct or consequential, incidental, or special damages arising out of or in connection with the use of the Websites. In addition, Fintracking has no liability over any delay or inability to use the Websites, notwithstanding that we are aware of the possibility of such damages. Our Limitation of Liability also covers lost profits, lost information, lost revenues, loss of business opportunity or any other lost opportunity.

This limitation of liability includes the transmission of viruses that may infect your equipment and devices, lead to its failure, or any interconnect problems, such as unauthorised access, theft, operator errors, strikes, and any other problems and unseen circumstances.

Your sole remedy with respect to any problems or dissatisfaction with the Websites is to discontinue any use of the Websites.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In such states or jurisdictions, the liability of Fintracking shall be limited to the fullest extent permitted by law.

  1. License

Fintracking grants you a limited license to access and use only the Websites, content and Demo version of Services presented on them, only in the manner presented by Fintracking. This license does not include:

  • any resale or commercial use of the Websites or its contents;
  • any derivative use of the Websites or their contents;
  • downloading (other than the page caching) of any portion of the Websites and content and Demo version of Services presented on it, except as expressly permitted by the Fintracking;
  • any use of the Websites and the content and Demo version of Services presented on them, other than for their intended purposes;
  • or any use of data mining, robots, or similar data gathering and extraction tools.

You may not copy, reproduce, sell, or otherwise exploit the Websites or any portion of the Websites for any commercial purpose without expressly written permission from Fintracking.

You may not frame or utilise framing techniques to enclose any Websites content or trademarks, or other intellectual property of Fintracking without express written permission.

It is also prohibited to utilize any meta tags or any “hidden text” utilising Fintracking’s name or trademarks without the expressly written permission of Fintracking.

  1. Links to Other Websites

The Websites may contain links to other websites. Unless expressly stated, these sites and its content are not under the control of Fintracking. The inclusion of a link to another site is carried out for informational or business purposes. Fintracking takes a responsible approach to the choice of published materials, including links, on the website. However, Fintracking has accepted no responsibility for such websites or any loss or damage that may arise from your use of them. Your use of such websites is subject to the usage rules of such websites.

  1. Applicable law

By visiting the Websites, you agree that the laws of Canada will govern this Website’s Terms of Use and any disputes or claims arising between you and Fintracking.

  1. Terms of Use changes

These Terms of Use may change as our Websites and Demo version of Services continue to improve and expand. Thus, Fintracking reserves the right to make amendments to our Terms of Use at any time and for any reason. Any amendments will be effective immediately upon us posting the updated Terms of Use on our website. Visitors of our websites waive the right to receive specific notice about such amendments.

You are invited to review these Terms of Use at any time to stay informed about updates. You will be deemed to have been made aware of and have accepted the amendments in any revised Terms of Use as a result of your continued use of the website after the date of publication of such revised Terms of Use.