Terms of Service
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Last Updated: January 12, 2023
1. Overview
Welcome to the Finevest website (www.finevest.co) (the “Site”). Please read these Terms of Service (the
“Terms”) carefully because they govern your use of our websites including subdomains (e.g.
app.finevest.so) and any other websites that we may later own or operate (“Site” or “Sites”); mobile
applications (“App(s)”), application program interface(s) (“API(s)”) and our tool services and other
products and services we may later own or operate (collectively called the "Application" or
“Service”).
2. Agreement
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not
use the Services. If you are accessing and using the Services on behalf of a company (such as your
employer) or other legal entity, you represent and warrant that you have the authority to bind that
company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company
or other legal entity.
3. Who May Use the Service
You may use the Service only if you are 13 years or older and are not barred from using the Services
under applicable law. We reserve the right to refuse service to anyone for any reason at any time.
In
order to use the Application, you must create an account (“Account”) via the Site and become a
registered user (“User”). As a User, you may use the Service. You have to provide us with accurate and
complete information and keep it up-to-date. You’ll notify us immediately of any unauthorized use of
your Account and you’re responsible for all activities that occur under your Account, whether or not you
know about them.
4. License and Use Rights
4.1 Finevest Services
Finevest is an online platform that creates Asset investment recommendations and market price
information for recommended Assets on the Website finevest.co. Finevest provides User with various
content and communication services, including but not limited to the capability to post information
to a web page. Some of these services will be free of charge, others may cost money or have other
requirements. The requirements or fees for any service or option will be clearly explained and
separately agreed to when User implements those options, if any.
Member must:
⁃ provide all equipment, including a computer and modem, necessary to establish a connection to the
World Wide Web;
⁃ provide for own access to the World Wide Web and pay any telephone service fees associated with
such access.
4.2 Provisioning the Application
Finevest will provide to Customer the necessary passwords, security protocols, policies, network
links or connections (“Access Protocols”) to allow User to access the Finevest Service as described
herein; no other access to the website or servers from which the Finevest Service is delivered is
permitted.
4.3 Restrictions
You agree not to do any of the following:
• copy or duplicate the Finevest Service;
• use, display, mirror or frame Finevest name, any Finevest trademark, logo or other
proprietary information, or the layout and design of any page or form contained on a page, without
Finevest express written consent;
• decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive
the source code from which any software component of the Finevest Service is compiled or
interpreted;
• modify the Finevest Service or the Documentation, or create any derivative work from
any of the foregoing, except with the prior written consent of Finevest;
• assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or
pledge as security or otherwise encumber, User's or Customer's rights;
• build a similar or competitive product or service;
• damage, interfere with or disrupt the integrity, performance or use of the Finevest
Service;
• attempt to probe, scan or test the vulnerability of any Finevest system or network or
breach any security or authentic ation measures;
• use the Finevest Service for any purposes prohibited by law, including without
limitation, the development, design, manufacture or production of nuclear missiles or chemical or
biological weapons.
• post, upload, publish, submit or transmit any content that:
• infringes, misappropriates or violates a third party’s patent, copyright, trademark,
trade secret, moral rights or other intellectual property rights, or rights of publicity or
privacy;
• is defamatory, obscene, pornographic, vulgar or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group;
Customer will ensure that its use of the Finevest Service complies with
all applicable laws, statutes, regulations or rules. We reserve the right, but are not obligated, to
remove or disable access to the Service, including User's Content, at any time and without
notice, including, but not limited to, if we, at our sole discretion, consider any User's
Content to be objectionable, in violation of these Terms or the law. We may also consult and
cooperate with law enforcement authorities to prosecute users who violate the law.
4.4 Publicity
During the Term of Service and at any point thereafter, Finevest may publicly refer to Customer
orally and in writing, including on Finevest’s website, marketing materials and sales presentations,
as a customer of Finevest and may use Customer’s logo for such purposes. If you do not want to allow
us the right to use your Marks or identify you or your company you may opt-out such marketing
requests by emailing us at vlad@finevest.co.
5. Subscriptions and Payment
5.1 Pricing
Subject to these Terms, the Services are provided to you for free up to certain limits and with
limited features. Usage over these limits or access to certain features requires you to purchase a
subscription (“Subscription”).
You may change the type of Subscription at any time by
initiating a change through your Account settings within the Services.
5.2 Merchant of Record
Finevest will provide to Customer the necessary passwords, security protocols, policies, network
links or connections (“Access Protocols”) to allow User to access the Finevest Service as described
herein; no other access to the website or servers from which the Finevest Service is delivered is
permitted.
5.3 Payment Terms
When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our
third party payment processor) to charge you for such Transaction. When you initiate a Transaction,
you authorize us to provide your Payment Information to our third party service providers so we can
complete your Transaction and to charge your payment method for the type of Transaction you have
selected (plus any applicable taxes and other charges). You may need to provide additional
information to verify your identity before completing your Transaction (such information is included
within the definition of Payment Information). You represent and warrant that you have the legal
right to use all payment method(s) represented by any such Payment Information.
5.4 Authorization for Recurring Payments
If you purchase a Subscription, you will be charged the then-applicable Subscription fee
(“Subscription Fee”) at the beginning of your Subscription and each month, quarter or year
thereafter, depending on the term of your Subscription, at the then-current rate. Please note that
our Subscription Fees are subject to change, although we will notify you before we effect any change
in Subscription Fees.
By agreeing to these Terms and purchasing a Subscription, you acknowledge
that your Subscription has recurring payment features and you accept responsibility for all
recurring payment obligations prior to cancellation of your Subscription by you or Finevest.
Our
third party payment processor will automatically charge you in accordance with term of your
Subscription (e.g., each month, quarter or year), on the calendar day corresponding to the
commencement of your Subscription, using the Payment Information you have provided. We may also
periodically authorize your payment method in anticipation of applicable fees or related charges.
Your Subscription continues until cancelled by you or we terminate your access to or use of the
Services or the Subscription in accordance with these Terms.
5.5 Cancelling Subscriptions
You may cancel your Subscription at any time but please note that such cancellation will be
effective at the end of the then-current Subscription period. You will not receive a refund of any
portion of the subscription fee paid for the then-current subscription period at the time of
cancellation. To cancel, you can either initiate a cancellation through your Account settings within
the Services or email us at hello@finevest.co and follow any instructions, if any, we provide to you
in response to your cancellation request.
If you cancel, we will allow you to access any
information associated with such Subscription until the most recently paid-up Subscription period
ends. Cancelling your Subscription won’t delete your Account.
At the end of the Subscription
period, or if you stop paying the Subscription Fee, any Assets (“Bottles”) you have added that is
subject to purchase of a Subscription will be locked, disabled or removed and you will no longer be
able to access the Assets. You acknowledge sole responsibility for and assume all risk arising from
cancellation of your Subscription, including, without limitation, any loss of data associated with
the Account.
6. Customer's Support and Feedback
We welcome feedback, comments and suggestions for improvements to the Services by emailing us at
hello@finevest.co.
Finevest shall provide Customer with the following standard support: (a) email
or Intercom support to Users Monday through Friday, 10:00 – 19:00 GMT+4, Georgian public holidays
excluded, for problem resolution assistance; (b) commercially reasonable efforts to correct errors in
the Finevest Services reported to Finevest in writing; and (c) at the sole discretion of Finevest, the
provision of updates, upgrades, enhancements, and any other improvements that Finevest makes generally
available to subscribers of the Finevest Services.
7. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without
notice or liability to you, provided that, if you have paid for a Subscription and the termination is
not due to your breach of this Agreement, Finevest will refund you any prepaid fees for the period of
your Subscription that extends beyond the effective date of such termination. You may cancel your
Account at any time by sending an email to us at hello@finevest.co.
8. Warranty and Disclaimers
The services and content are provided “as is,” without warranty of any kind. We do not guarantee,
represent or warrant that your use of our Application will be uninterrupted, timely, secure or
error-free. We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable. We make no warranty regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any Content.
In no case shall Finevest, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if advised of the ir possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend and hold harmless Finevest Pte. Ltd. and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference or your violation of any law or the rights of a third-party.
10. Limitation of Liability
Neither Finevest nor any other party involved in creating, producing, or delivering the services, tools,
or content will be liable for any incidental, special, exemplary or consequential damages, including
lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the
cost of substitute services arising out of or in connection with these terms or from the use of or
inability to use the services, tools, or content, whether based on warranty, contract, tort (including
negligence), product liability or any other legal theory, and whether or not Finevest has been informed
of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of
its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, so the above limitation may not apply to you. The limitations of
damages set forth above are fundamental elements of the basis of the bargain between Finevest and
you.
Finevest is not responsible for changing the price of Assets included in the User's
portfolio. The recommendations presented on the Service Website are not an individual investment
recommendation or an offer to buy or sell Assets. The materials presented on the site do not guarantee
any profits.
11. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by
and construed following the laws of Tbilisi, Georgia.
12. Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website without prior notification. It is your
responsibility to check our website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
© Finevest Pte. Ltd. 2023