1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and FinSavvy AI Pty Ltd (ABN: 52718814) ("FinSavvy AI," "we," "us," or "our"), concerning your access to and use of the FinSavvy AI website (https://finsavvyai.com.au) and our services.
By accessing or using our services, you agree to be bound by these Terms of Use. If you disagree with any part of these terms, you may not access our services.
2. Our Services
FinSavvy AI provides an AI-powered personal finance platform designed to analyze users' financial data, provide insights, and offer personalized recommendations to help users save money and manage their finances more effectively.
2.1 Service Descriptions
Our services may include, but are not limited to:
- Secure connection to financial accounts
- Analysis of spending patterns and financial habits
- Personalized budget recommendations
- Identification of saving opportunities
- Financial goal setting and tracking
- Educational content related to personal finance
2.2 Service Modifications
We reserve the right to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.
2.3 Not Financial Advice
The information and recommendations provided through our services are for general informational purposes only and are not intended to constitute professional financial advice. Our services do not take into account your specific financial situation, needs, or objectives. Before making any financial decisions, you should consult with a qualified financial advisor.
3. User Accounts
3.1 Account Creation
In order to use certain features of our services, you must create an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Security
You agree to:
- Create a strong password and keep it confidential
- Restrict access to your account and device
- Notify us immediately of any unauthorized access to or use of your account
- Ensure that you log out from your account at the end of each session when accessing our services from a shared device
3.3 Account Termination
We reserve the right to suspend or terminate your account, delete your profile and any content or information that you have posted, and restrict your use of all or any part of our services for any or no reason, without notice or liability to you.
4. Acceptable Use
4.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Use our services in any way that violates any applicable federal, state, local, or international law or regulation
- Use our services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our services, the server on which our services are stored, or any server, computer, or database connected to our services
- Attack our services via a denial-of-service attack or a distributed denial-of-service attack
- Use any robot, spider, or other automatic device, process, or means to access our services for any purpose, including monitoring or copying any of the material on our services
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to reverse engineer, decompile, or otherwise attempt to extract the source code of our software
- Interfere with or disrupt the operation of our services or servers or networks connected to our services
4.2 Monitoring and Enforcement
We have the right to:
- Remove or refuse to display any content that violates these Terms of Use or may harm or offend other users or third parties
- Take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use
- Terminate or suspend your access to all or part of our services for any violation of these Terms of Use
5. User Content
5.1 Content Ownership
Our services may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You retain all rights in, and are solely responsible for, the Content you post to our services.
5.2 Content License
By posting Content to our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any Content for the purposes of providing and improving our services.
5.3 Content Representations and Warranties
You represent and warrant that:
- The Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms of Use
- The posting of your Content on or through our services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity
6. Payments and Billing
6.1 Subscription and Fees
Some aspects of our services may be offered on a subscription basis. By selecting a subscription plan, you agree to pay the subscription fees indicated for that service. Fees will be charged on a pre-pay basis on the day you sign up for a subscription and will cover the use of that service for the subscription period indicated.
6.2 Automatic Renewal
Unless you notify us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew, and you authorize us to collect the then-applicable subscription fee using any payment method we have on record for you.
6.3 Free Trials
We may, at our sole discretion, offer a subscription with a free trial for a limited period of time. You may be required to enter your billing information to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged until the free trial has expired. On the last day of the free trial period, unless you cancelled your subscription, you will be automatically charged the applicable subscription fee for the type of subscription you have selected.
6.4 Fee Changes
We may, at our sole discretion and at any time, modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of our services after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
6.5 Refunds
Certain refund requests for subscriptions may be considered on a case-by-case basis and granted at our sole discretion. Please refer to our Refund Policy for more information.
7. Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither FinSavvy AI nor any person associated with FinSavvy AI makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our services.
To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall FinSavvy AI, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our services
- Any conduct or content of any third party on our services
- Any content obtained from our services
- Unauthorized access, use, or alteration of your transmissions or content
Our liability is limited to the maximum extent permitted by law, and in any case, our liability to you will not exceed the amount you paid to us over the 12 months preceding the event giving rise to the liability.
The foregoing limitations will apply even if we have been informed of the possibility of such damage.
9. Indemnification
You agree to defend, indemnify, and hold harmless FinSavvy AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our services, including, but not limited to, any use of our services' content, services, and products other than as expressly authorized in these Terms of Use.
10. Termination
These Terms of Use shall remain in full force and effect while you use our services. We may terminate or suspend your account and bar access to our services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Use.
If you wish to terminate your account, you may simply discontinue using our services or contact us to request account deletion.
All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will 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 services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our services.
12. Governing Law
These Terms of Use and your use of our services shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.
Any legal action or proceeding relating to your access to, or use of, our services shall be instituted in the courts of New South Wales, Australia. You agree to submit to the jurisdiction of the courts of New South Wales and agree that venue in these courts is proper in any such legal action or proceeding.
