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Terms and Conditions
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\n These terms and conditions govern your use of the SaaS application\n Foclarity (“Application”) that was created by CUSTANY LLC. The Application\n is technology to assist in managing, understanding, measuring and\n increasing the impact of your activities on your business. Review\n these Terms and Conditions (\"Agreement\") thoroughly. This Agreement is\n a legal agreement between you and CUSTANY, LLC. By clicking “I Agree,”\n indicating acceptance electronically, or by, installing, accessing or\n using the Services, you agree to this Agreement. If you do not agree\n to this Agreement, then you may not use Foclarity.\n
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1. General Terms and Conditions
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\n This Agreement describes the terms governing your use of the Foclarity\n Services. It includes Foclarity's\n Privacy Statement. You must\n be at least 18 years of age to use our Foclarity. By accessing or using\n Foclarity you agree that:\n
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\n You can form a binding contract with Foclarity;
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\n You are not a person who is prohibited from receiving the Services\n under the laws of the United States or any other applicable\n jurisdiction; and\n
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\n You will comply with this Agreement and all applicable local,\n state, national, and international laws, rules, and regulations,\n including import and export regulations.\n
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2. YOUR RIGHTS TO USE THE SERVICES
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\n 2.1 The Services are protected by copyright, trade\n secret, and other intellectual property laws. You are only granted the\n right to use the Services and only for the purposes described by\n CUSTANY. CUSTANY reserves all other rights in the Services. Until\n termination of this Agreement and as long as you meet any applicable\n payment obligations and comply with this Agreement, CUSTANY grants to\n you a personal, limited, nonexclusive, nontransferable right and\n license to use the Services.\n
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\n 2.2 You agree not to use, nor permit any third party\n to use, the Services in a manner that violates any applicable law,\n regulation or this Agreement. You agree you will not:\n
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\n Provide access to or give any part of the Services to any third\n party.\n
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\n Reproduce, modify, copy, sell, trade, lease, rent or resell the\n Services.\n
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Decompile, disassemble, or reverse engineer the Services.
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\n Make the Services available on any file-sharing or application\n hosting service.\n
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3. PAYMENT
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\n For Services offered on a payment or subscription basis, the following\n terms apply, unless CUSTANY notifies you otherwise in writing. This\n Agreement also incorporates payment terms provided to you on the\n website for the Services:\n
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\n Payments will be billed to you in U.S. dollars, or other\n currencies which may be made available (plus any and all\n applicable taxes, including without limitation VAT, GST and SST),\n as shown in the product ordering and subscription terms, and your\n account will be debited when you subscribe and provide your\n payment information, unless stated otherwise in the program\n ordering or payment terms on the website for the Services.\n
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You must pay with one of the following:
\n \n A valid credit card acceptable to CUSTANY;
A valid debit card acceptable to CUSTANY;
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\n Sufficient funds in a checking or savings account to cover an\n electronic debit of the payment due; or\n
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\n By another payment option CUSTANY provides to you in writing.\n
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\n If your payment and registration information is not accurate,\n current, and complete and you do not notify us promptly when such\n information changes, we may suspend or terminate your account and\n refuse any use of the Services.\n
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\n If you do not notify us of updates to your payment method (e.g.,\n credit card expiration date), to avoid interruption of the\n Services, we may participate in programs supported by your card\n provider (e.g., updater services, recurring billing programs,\n etc.) to try to update your payment information, and you authorize\n us to continue billing your account with the updated information\n that we obtain.\n
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\n CUSTANY will automatically renew your monthly, quarterly, or\n annual Services at the then-current rates, unless the Services\n subscription is cancelled or terminated under this Agreement.\n
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\n Additional cancellation or renewal terms may be provided to you on\n the website for the Services.\n
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4. USE WITH YOUR MOBILE DEVICE
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\n Use of these Services may be available through a compatible mobile\n device with Internet access. You agree that you are solely responsible\n for these requirements, including any applicable changes, updates and\n fees as well as the terms of your agreement with your mobile device\n and telecommunications provider.\n
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\n CUSTANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS,\n STATUTORY OR IMPLIED AS TO:\n
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\n THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER\n AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;\n
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\n ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION\n SERVICES; AND\n
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\n ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO\n TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE\n SERVICES.\n
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5. DATA PROCESSING AND PRIVACY
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\n Data Processing and Privacy. (a) CUSTANY is the controller of the\n personal information it processes about you when you use the Services\n and (b) You acknowledge that CUSTANY will process your personal\n information as described in our\n Privacy Statement\n when you use our Services.\n
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6. CONTENT AND USE OF THE SERVICES
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\n 6.1 Responsibility for Content and Use of the Services.\n
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\n Content includes any data, information, materials, text, graphics,\n images, music, software, audio, video, works of authorship of any\n kind, that are uploaded, transmitted, posted, generated, stored or\n otherwise made available through the Services (\"Content\"), which\n will include without limitation any Content that account holders\n (including you) provide through your use of the Services. By\n making your Content available through your use of the Services,\n you grant CUSTANY a worldwide, royalty-free, non-exclusive license\n to host and use your Content. Archive your Content frequently. You\n are responsible for any lost or unrecoverable Content. You must\n provide all required and appropriate warnings, information and\n disclosures. CUSTANY is not responsible for any of your Content\n that you submit through the Services.\n
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\n You agree not to use, nor permit any third party to use, the\n Services to upload, post, distribute, link to, publish, reproduce,\n engage in, promote or transmit any of the following:\n
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\n Illegal, fraudulent, defamatory, obscene, pornographic, profane,\n threatening, abusive, hateful, harassing, offensive, inappropriate\n or objectionable information or communications of any kind,\n including without limitation conduct that is excessively violent,\n incites or threatens violence, encourages \"flaming\" others or\n criminal or civil liability under any local, state, federal or\n foreign law;\n
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\n Content that would impersonate someone else or falsely represent\n your identity or qualifications, or that may constitute a breach\n of any individual's privacy; is illegally unfair or deceptive, or\n creates a safety or health risk to an individual or the public;\n
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\n Except as permitted by CUSTANY in writing, investment\n opportunities, solicitations, chain letters, pyramid schemes,\n other unsolicited commercial communication or spamming or\n flooding;\n
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\n Virus, Trojan horse, worm or other disruptive or harmful software\n or data; and\n
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\n Any Content that you do not own or have the right to use without\n permission from the intellectual property rights owners thereof.\n
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\n 6.2 Restricted Use of the Services.\n You shall not, and shall not permit any users of the Services or any\n other party to, engage in, solicit, or promote any activity that is\n objectionable or may be illegal, violates the rights of others, is\n likely to cause notoriety, harm or damage to the reputation of CUSTANY\n or could subject CUSTANY to liability to third parties, including: (i)\n unauthorized access, monitoring, interference with, or use of the\n Services or third party accounts, data, computers, systems or\n networks; (ii) interference with others' use of the Services or any\n system or network, including mail bombing, broadcast or denial of\n service attacks; (iii) unauthorized collection or use of personal or\n confidential information, including phishing, pharming, spidering, and\n harvesting; (iv) viewing or other use of any Content that, in\n CUSTANY's opinion, is prohibited under this Agreement; (v) any other\n activity that places CUSTANY in the position of fostering, or having\n potential or actual liability for, illegal activity in any\n jurisdiction; or (vi) attempting to probe, scan, penetrate or test the\n vulnerability of an CUSTANY system or network or to breach CUSTANY's\n security or authentication measures, whether by passive or intrusive\n techniques. CUSTANY reserves the right to not authorize and may\n terminate your use of the Services based on reasonable suspicion of\n your activities, business, products or services that are objectionable\n or promote, support or engage in any of the restricted uses described\n above.\n
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\n 6.3 Community forums. The Services may include a\n community forum or other social features to exchange Content and\n information with other users of the Services and the public. CUSTANY\n does not support and is not responsible for the Content in these\n community forums. Please use respect when you interact with other\n users. Do not reveal information that you do not want to make public.\n Users may post hypertext links to content of third parties for which\n CUSTANY is not responsible.\n
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\n 6.4 CUSTANY may freely use feedback you provide. You\n agree that CUSTANY may use your feedback, suggestions, or ideas in any\n way, including in future modifications of the Services, other products\n or services, advertising or marketing materials. You grant CUSTANY a\n perpetual, worldwide, fully transferable, sublicensable,\n non-revocable, fully paid-up, royalty free license to use the feedback\n you provide to CUSTANY in any way.\n
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\n 6.5 CUSTANY may monitor Content. CUSTANY may, but has\n no obligation to, monitor access to or use of the Services or Content\n or to review or edit any Content for the purpose of operating the\n Services, to ensure compliance with this Agreement, and to comply with\n applicable law or other legal requirements. We may disclose any\n information necessary to satisfy our legal obligations, protect\n CUSTANY or its customers, or operate the Services properly. CUSTANY,\n in its sole discretion, may refuse to post, remove, or refuse to\n remove, or disable any Content, in whole or in part, that is alleged\n to be, or that we consider to be unacceptable, undesirable,\n inappropriate, or in violation of this Agreement.\n
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7. ADDITIONAL TERMS
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\n 7.1 CUSTANY does not give professional advice. Unless\n specifically included with the Services, CUSTANY is not in the\n business of providing legal, financial, accounting, tax, health care,\n real estate or other professional services or advice. Consult the\n services of a competent professional when you need this type of\n assistance.\n
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\n 7.2 We may tell you about other CUSTANY Services. You\n may be offered other services, products, or promotions by CUSTANY\n (\"CUSTANY Services\"). Additional terms and conditions and fees may\n apply. With some CUSTANY Services you may upload or enter data from\n your account(s) such as names, addresses and phone numbers, purchases,\n etc., to the Internet.\n
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\n 7.3 Communications. CUSTANY may be required by law to\n send you communications about the Services or third party products.\n You agree that CUSTANY may send these communications to you via email\n or by posting them on our websites\n
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\n 7.4 You will manage your passwords and accept updates.\n You are responsible for securely managing your password(s) for the\n Services and to contact CUSTANY if you become aware of any\n unauthorized access to your account. The Services may periodically be\n updated with tools, utilities, improvements, third party applications,\n or general updates to improve the Services. You agree to receive these\n updates.\n
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8. DISCLAIMER OF WARRANTIES
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\n 8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT\n IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT,\n THE SERVICES ARE PROVIDED \"AS IS.\" TO THE MAXIMUM EXTENT PERMITTED BY\n APPLICABLE LAW, CUSTANY, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY\n PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,\n \"SUPPLIERS\") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING\n ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE,\n TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR\n NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY,\n RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. CUSTANY\n AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE\n SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR\n DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO\n YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF\n PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.\n
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\n 8.2 CUSTANY, ITS AFFILIATES AND SUPPLIERS DISCLAIM\n ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL\n SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR\n REGULATIONS.\n
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9. LIMITATION OF LIABILITY AND INDEMNITY.
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\n TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE\n LIABILITY OF CUSTANY, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS\n RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR\n THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.\n SUBJECT TO APPLICABLE LAW, CUSTANY, ITS AFFILIATES AND SUPPLIERS ARE\n NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL,\n INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES\n RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC\n COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES,\n SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF\n SOFTWARE OR HARDWARE THAT DOES NOT MEET CUSTANY SYSTEMS REQUIREMENTS.\n THE ABOVE LIMITATIONS APPLY EVEN IF CUSTANY AND ITS AFFILIATES AND\n SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS\n AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CUSTANY, ITS AFFILIATES\n AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.\n
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\n You agree to indemnify and hold CUSTANY and its Affiliates and\n Suppliers harmless from any and all claims, liability and expenses,\n including reasonable attorneys' fees and costs, arising out of your\n use of the Services or breach of this Agreement (collectively referred\n to as \"Claims\"). CUSTANY reserves the right, in its sole discretion\n and at its own expense, to assume the exclusive defense and control of\n any Claims. You agree to reasonably cooperate as requested by CUSTANY\n in the defense of any Claims.\n
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10. CHANGES.
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\n We reserve the right to modify this Agreement, in our sole discretion,\n at any time, and the modifications will be effective when posted\n through the Services or on our website for the Services or when we\n notify you by other means. We may also change or discontinue the\n Services, in whole or in part. It is important that you review this\n Agreement whenever we modify it because your continued use of the\n Services indicates your agreement to the modifications.\n
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11. TERMINATION.
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\n CUSTANY may, in its sole discretion and without notice, restrict,\n deny, terminate this Agreement or suspend the Services, related or\n other Services, effective immediately, in whole or in part, if we\n determine that your use of the Services violates the Agreement, is\n improper or substantially exceeds or differs from normal use by other\n users, raises suspicion of fraud, misuse, security concern, illegal\n activity or unauthorized access issues, to protect the integrity or\n availability of the Services or systems and comply with applicable\n CUSTANY policy, if you no longer agree to receive electronic\n communications, or if your use of the Services conflicts with\n CUSTANY's interests or those of another user of the Services. Upon\n CUSTANY notice that your use of the Services has been terminated you\n must immediately stop using the Services and any outstanding payments\n will become due. Any termination of this Agreement shall not affect\n CUSTANY's rights to any payments due to it. CUSTANY may terminate a\n free account at any time. Sections 2.2, 3 through 15 will survive and\n remain in effect even if the Agreement is terminated.\n
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12. EXPORT AND TRADE RESTRICTIONS.
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\n You acknowledge that the Services and the underlying software may\n include U.S. technical data subject to restrictions under export\n control laws and regulations administered by the United States\n government. You agree that you and your personnel who use the Services\n are not prohibited from receiving the Services under the laws of the\n United States, England, Wales, or other applicable jurisdiction. For\n example, you are not on the U.S. Treasury Department's list of\n Specially Designated Nationals or the United Kingdom HM Treasury\n Financial Sanctions List, or are subject to any other similar\n prohibition. You will not export or re-export any part of the\n Services, in violation of these laws and regulations, directly or\n indirectly.\n
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13. GOVERNING LAW AND JURISDICTION.
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\n This Agreement will be governed by the laws of the state of Delaware\n in the United States. Notwithstanding the foregoing, you acknowledge\n that your breach (or an apprehension of breach) of any provisions of\n this Agreement, or any infringement (or apprehension of infringement)\n of CUSTANY's or its Suppliers' intellectual property rights may cause\n CUSTANY irreparable damage for which recovery of money damages would\n be inadequate. Accordingly, you agree that CUSTANY shall be entitled,\n in addition to any other remedies available to it, to seek (in any\n court of competent jurisdiction, notwithstanding the previous\n sentence) any relief (whether equitable or otherwise) to prevent or\n restrain any such breach or apprehended breach by you or otherwise to\n protect CUSTANY's rights under this Agreement. The parties hereby\n submit to the exclusive jurisdiction of the courts of the United\n States and you agree that you will procure that any third party making\n a claim against CUSTANY arising out of this Agreement shall bring such\n claim exclusively in the United States courts and subject to the\n limitations and exclusions of liabilities provided for in this\n Agreement.\n
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\n CUSTANY does not represent that the Services and/or content within the\n Services is appropriate or available for use in all jurisdictions or\n countries. CUSTANY prohibits accessing content from within countries\n or states where such content is illegal. You are responsible for\n compliance with all applicable laws pertaining to your use and access\n to the Services in your jurisdiction.\n
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14. LANGUAGE.
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\n Any translation of this Agreement is done for local requirements and\n in the event of a dispute between the English and any non-English\n version, the English version of this Agreement shall govern. In the\n event of a dispute the parties confirm that they have requested that\n this Agreement and all related documents be drafted in English.\n
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15. GENERAL.
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\n This Agreement, including the Additional Terms below, is the entire\n agreement between you and CUSTANY regarding its subject matter and\n replaces all prior understandings, communications and agreements, oral\n or written, regarding its subject matter. If any court of law, having\n the jurisdiction, rules that any part of this Agreement is invalid,\n that section will be removed without affecting the remainder of the\n Agreement. The remaining terms will be valid and enforceable. The\n United Nations Convention on Contracts for the International Sale of\n Goods does not apply to this Agreement. You may not assign or transfer\n this Agreement to anyone without written approval of CUSTANY. However,\n CUSTANY may assign or transfer this Agreement without your consent to\n (a) an affiliate, (b) a company through a sale of assets by CUSTANY or\n (c) a successor by merger. Any assignment in violation of this Section\n shall be void. If you want to request a transfer of this Agreement,\n contact CUSTANY via an email to: info@custany.com.\n
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ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
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\n Your use of the Services provided by CUSTANY are subject to the\n general Terms of Service above including these Additional Terms and\n Conditions which govern your use of the Services indicated below. To\n the extent of any conflict or inconsistency with the general Terms of\n Service above, these Additional Terms and Conditions shall prevail.\n
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Foclarity Supplemental Agreement and Terms of Service
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\n Thank you for selecting Foclarity. This licence agreement in addition to\n the CUSTANY Terms of Service (the “Agreement”) is a legal agreement\n between the User, a single legal entity identified in the registration\n process provided as part of the start-up process (“User”, “you”), and\n CUSTANY Inc. and/or its subsidiaries and affiliates (“CUSTANY,” “we”,\n “our” or “us”).\n
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\n By selecting “ACCEPT,” You indicate that you have read and understood,\n and assent to be bound by, the terms of this Agreement. If the person\n selecting “ACCEPT” is an individual working for you (“Agent”), such\n person is agreeing to the terms and conditions of this Agreement on\n behalf of you and represents and warrants to CUSTANY that he/she has\n full power and authority to enter into this Agreement on your behalf.\n
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\n If you do not agree to the terms of the Agreement, you are not granted\n any rights whatsoever in the Services. If you are not willing to be\n bound by these terms and conditions, you should not select “ACCEPT,”\n and may not access or otherwise use the Foclarity Services.\n
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1. SERVICES.
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\n Each of the following products and services are referred to in this\n Agreement as a “Service” and together as the “Services”:\n
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\n 1.1. Foclarity is an online solution for freelancers,\n consultants, contractors, professional service providers and other\n small businesses to assist in managing, understanding, measuring and\n increasing the impact of your activities on your business through an\n online account. Each Foclarity Account may only be used to support one\n business.\n
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\n 1.2. Modification to Services. We have the right, in\n our sole discretion, to revise, update, or otherwise modify the\n Services or alter your access to the Services; and for material\n changes, to the extent reasonably possible, we will provide you with\n reasonable notice either posted on the website hosting the Services or\n to the Administrator's (as defined below) email address. Note that we\n may modify the amount of storage space you have through the Services\n and the number of times (and the maximum duration for which) you may\n access the Services in a given period of time. In the event we need to\n maintain the security of the system or comply with any laws or\n regulations, we reserve the right to modify the Services immediately,\n and to provide the Administrator with electronic or written notice\n within thirty (30) days after any material modifications. You may\n reject any changes to the Services by discontinuing use of the\n Services to which such changes relate. Your continued use of the\n Services will constitute your acceptance of and agreement to such\n changes.\n
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2. SUBSCRIPTIONS AND USERS
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\n The Foclarity Service is licenced on a monthly or yearly subscription\n basis, as selected by you or your agent as the user.\n
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Additional Payment Terms.
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\n Under this Agreement, the payment processing services for goods and/or\n services purchased on this website are provided by CUSTANY, LLC.\n
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3. TRIAL VERSION AND BETA FEATURES
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\n If you registered for a trial use of the Foclarity Service (\"Trial\n Period\"), you must decide to purchase a license to the Foclarity Service,\n at the current rate, within the Trial Period in order to retain any\n Content that you have entered through the Foclarity Services, created\n within the data file, posted or uploaded during the Trial Period. If\n you do not purchase a license to the Foclarity Services by the end of the\n Trial Period, your Content will no longer be available to you. To be\n very clear, after using the Foclarity Service during the trial period, if\n you decide not to purchase the license to the full version of the\n Foclarity Service, you will not be able to access or retrieve any of the\n data you added or created with the Services during the trial.\n
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\n From time to time, CUSTANY may, at its sole discretion, include new\n and/or updated beta features (“Beta Features”) in the Foclarity Service\n for your use and which permit you to provide feedback (fees may\n apply). You understand and agree that your use of the Beta Features is\n voluntary and CUSTANY is not obligated to provide you with any Beta\n Features. You understand that once you use the Beta Features, you may\n be unable to revert back to the earlier non-beta version of the same\n or similar feature. Additionally, if such reversion is possible, you\n may not be able to return or restore data created within the Beta\n Feature back to the earlier non-beta version. The Beta Features are\n provided on an “as is” basis and may contain errors or inaccuracies\n that could cause failures, corruption or loss of data and/or\n information from any connected device. You acknowledge and agree that\n all use of the Beta Features is at your sole risk.\n
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4.PERMITTED DISCLOSURES AND USE OF DATA.
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\n You acknowledge and agree that in order to provide you with access to\n and use of the Foclarity Services, CUSTANY may provide your access\n information and account data to (i) your employee or agent who is\n identified in the registration data as the current system\n administrator for your account (the “Current Administrator”), and (ii)\n such other employee or agent who may be designated by you as a\n replacement administrator for the your account by following the\n procedures required by CUSTANY to effectuate such replacement. Any\n other person You identified as an authorized user of the Foclarity\n Services will have access to the account data subject to the access\n permissions you or the system administrator assigned to them.\n
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5. PERSONAL INFORMATION.
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\n 5.1 The terms \"Controller,\" \"Processor,\" \"data\n subject,\" \"personal data (also referred to as Personal Information in\n the Agreement)\" and \"processing\" (and \"process\") shall have the\n meanings given in the Regulation 2016/679 of the European Parliament\n and of the Council on the protection of natural persons with regard to\n the Processing of Personal Data and on the free movement of such data\n (General Data Protection Regulation).\n
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5.2 Our Role. For Foclarity users accessing the Services from\n the European Economic Area (“EEA”), we are a Controller of the\n Personal Information you provide through the Services.\n
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5.3 Personal Information.
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You represent and warrant to us that:
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\n 5.3.1 You will provide appropriate notice and\n have obtained (or will obtain) all consents and rights necessary\n for us to Process the Personal Information in accordance with this\n Agreement and our\n Privacy Statement;\n
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\n 5.3.2 If you are providing Personal Information\n to us that is not personal to you, you agree that you have either\n provided the data subject notice or received permission from the\n data subject and have the appropriate legal basis, as required by\n applicable law, for us to: (a) use, and/or disclose the personal\n information in accordance with our\n Privacy Statement, (b)\n move the data outside of the country of residence of such owner of\n the personal data, if applicable, pursuant to our Privacy\n Statement, (c) provide the Personal Information to Third Party\n Products that you approve, and (d) otherwise use and disclose the\n personal information in accordance with this Agreement; and\n
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\n 5.3.3 If there is any discrepancy between this\n Agreement and the CUSTANY Privacy Statement with respect the\n collection, use, and/or disclosure of the personal information,\n the Privacy Statement will control. You further acknowledge and\n agree that CUSTANY may provide data in your account to any\n Additional Users to which that data is applicable or personal to.\n
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5.4 Public Content.
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\n As a User you may have the opportunity to share your data, Content, or\n ways in which you aggregate data (“Account Content”)\n with other Users, other CUSTANY customers, and other third parties.\n When sharing any Account Content, you agree not to share any\n confidential information. If you have the option of accessing another\n User's Account Content, you understand and agree that the Account\n Content is being provided by the User, and not CUSTANY, for\n information and guidance purposes only, and CUSTANY and such User are\n not responsible in any way for your use the Account Content.\n
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5.5 Telephone numbers.
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\n You may provide us with your telephone number as part of your customer\n record or registration or via other methods. You understand and agree\n that CUSTANY may use your telephone number for \"multi-factor\n authentication” (“MFA\"), to confirm your identity and help protect the\n security of your account. Part of the MFA identity verification\n process may involve CUSTANY sending text messages containing security\n codes to your telephone number. You agree to receive these texts from\n CUSTANY containing security codes as part of the MFA process. In\n addition, you agree that CUSTANY may send automated text messages and\n pre-recorded voice messages to the telephone number you provide for\n other limited purposes, including: providing you with important\n critical notices regarding your use of the Services, or fulfilling a\n request made by you through the Services. Additionally, CUSTANY may\n use your telephone number to contact you about special offers or other\n CUSTANY or third party products or services unless you opt out of such\n marketing. With MFA, you also agree and consent to us obtaining and\n using information from your mobile phone service provider, solely for\n the purposes of verifying your identity and to compare information you\n have provided to CUSTANY (such information may include from your\n mobile phone service provider account record: your name, address,\n email, customer type, customer role, billing type, mobile device\n identifiers (IMSI and IMEI) and other mobile phone subscriber\n details).\n
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6. ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.
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\n 6.1. General. In connection with your use of the Foclarity Service and as\n part of the functionality of certain versions of the Foclarity Services,\n you may wish to have access to your online account(s) and financial\n information, including your account access number(s), password(s),\n security question(s) and answer(s), account number(s), login\n information, and any other security or access information used to\n access your financial institution(s) (collectively, your “FI Login\n Data”) and the data made available by your financial institutions(s)\n with such data, which may include bank balances, transaction activity,\n credit card charges, debits and deposits, and any messages or notices\n between you and the financial institution(s) (“FI Account Data”). The\n Foclarity Services are designed to allow you to access and download your\n FI Account Data through the Foclarity Services, to allow CUSTANY to access\n your financial institution account(s) using your FI Login Data, to\n allow CUSTANY to download and use your FI Account Data, and to allow\n CUSTANY to aggregate and combine your FI Account Data with other data.\n If you lose or forget your user name or password, it will be necessary\n for you to return to the appropriate financial institution if you have\n any problems with respect to that user name or password.\n
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\n You acknowledge and agree that except as set forth this Agreement,\n CUSTANY has no control over your FI Login Data and no control over the\n access to your FI Account Data, does not guarantee that you will be\n able to use the Foclarity Service with your financial institution(s), and\n will have no liability whatsoever for any actions or inactions on the\n part of the financial institution(s) resulting in your inability to\n use the Foclarity Service to access your accounts, obtain data, download\n transactions, or otherwise use or access your FI Account Data.\n
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\n 6.2 Collection of FI Login Data and FI Account Data. By agreeing to\n these terms and conditions, you:\n
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\n 6.2.1 acknowledge that in accessing your financial institution\n account(s) through the Foclarity Service, your FI Login Data and FI\n Account Data may be collected, converted, stored in encrypted form\n and used by CUSTANY in the United States for the purpose of\n providing the Foclarity Service;\n
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\n 6.2.2 authorize CUSTANY to (i) collect and store in encrypted form\n your FI Login Data, (ii) access the financial institution(s)'\n websites using your FI Login Data, from time to time; (iii)\n download and store your FI Account Data; (iv) reformat and\n manipulate your FI Account Data; (v) create and provide hypertext\n links to your financial institution(s) FI Account Data; (vi)\n enhance the type of data and services we can provide to you in the\n future, and (vii) take such other actions as are reasonably\n necessary to perform the actions described in this Agreement as it\n relates to your use of the Foclarity Service;\n
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\n 6.2.3 hereby represent that the financial institution(s)'\n account(s) and FI Login Data belong to you, you have the right to\n use the FI Login Data and FI Account Data as set out above and\n that you have the authority to appoint, and hereby expressly do\n appoint, CUSTANY as your agent with all necessary power and\n authority to use your FI Login Data and to access and retrieve\n your FI Account Data, as described above, on your behalf;\n
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\n 6.2.4 acknowledge that CUSTANY does not review your FI Account\n Data and agree that CUSTANY is not responsible for its\n completeness or accuracy;\n
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\n 6.2.5 acknowledge that any transactions or informational\n activities performed at any financial institution(s)' website are\n not made through the Foclarity Service and CUSTANY assumes no\n responsibility for any such transactions or activities; and\n
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\n 6.2.6 acknowledge that you are solely responsible for any charges,\n fees or costs associated with your financial institution\n account(s) when accessed through the Foclarity Service by you or by\n CUSTANY.\n
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\n 6.3. Information from Financial Institutions' Websites. You\n acknowledge that (i) some financial institution(s) may not permit\n CUSTANY or other third parties to have access to FI Login Data or to\n allow the Foclarity Service to access your FI Account Data; (ii) financial\n institution(s) may make changes to their websites, with or without\n notice to you or CUSTANY, that may affect the overall performance of\n the Foclarity Service and prevent or delay aggregation of data from such\n websites; and (iii) the Foclarity Service refreshes your Foclarity Service\n account data by collecting the FI Account Data automatically or\n manually (depending on your financial institution(s) or any changes by\n you that may require an update), so your most recent transactions may\n not always be reflected in the account balances or other account\n information presented to you by CUSTANY through the Foclarity Services. If\n you see a discrepancy in your Foclarity Service account data as compared\n to your FI Account Data, and in any case before making any\n transactions or decisions based on such account data presented in the\n Foclarity Services, you should check the last refresh date for your\n financial institution account(s) and confirm the accuracy of the Foclarity\n Service account data against your FI Account Data and manually update\n such data as necessary.\n
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7. ONLINE DATA TRANSFER (WHERE APPLICABLE).
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\n You may have the option for CUSTANY to transfer your data files from\n the Foclarity Service in order to facilitate certain interoperability,\n data integration, and data access between the Foclarity Service and\n certain supported ancillary services (the “Ancillary Services”) you\n may sign up for and use in connection with the Foclarity Service (the\n “Online Data Transfer”). In order for you to select the Online Data\n Transfer option, you must (i) have registered select versions of the\n Foclarity Service, (ii) have Internet access, (iii) have an active\n subscription to the Foclarity Service; and (iv) and may need to be an\n active subscriber to the Ancillary Services. If you select the Online\n Data Transfer option, a copy of all or part of your company data files\n will be transferred via the Internet to CUSTANY's servers; where you\n grant CUSTANY the right and license to (i) host and maintain your\n data, (ii) use and transfer your data to the Ancillary Services and\n (iii) reformat and manipulate your data as reasonably necessary for\n the data to function with the Ancillary Services. Your original data\n files will remain in the Foclarity Service. If you sign up for any\n Ancillary Services that support Online Data Transfer, you will have\n the option to request that CUSTANY send your data to any of those\n supported Ancillary Services. If a supported Ancillary Service is\n provided by a third party, you authorize CUSTANY to transfer your data\n to and from the third party provider to enable provision of the\n Ancillary Services to you. CUSTANY will support and maintain the data\n transfer service as part of the Foclarity Service. You agree that the\n third party provider may transfer your data from the Ancillary Service\n to CUSTANY, and that, CUSTANY may use such data subject to the terms\n of this Agreement. You agree and acknowledge that CUSTANY has no\n control over any third party provider or any third party Ancillary\n Services. Your use of the Ancillary Service is subject to additional\n third party terms and conditions. Please carefully review their terms\n and conditions, including privacy policy. If you do not agree with\n their terms and policies, you should not use or access the third party\n Ancillary Service and you should not authorize the Online Data\n Transfer to the third party Ancillary Service. .\n
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8. Foclarity SERVICE USE, STORAGE AND ACCESS.
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\n CUSTANY shall have the right, in its sole discretion and with\n reasonable notice posted on the Foclarity Service site and/or sent to you\n at the Current Administrator's email address provided in the\n Registration Data, to revise, update, or otherwise modify the Foclarity\n Service and establish or change limits concerning use of the Foclarity\n Service, temporarily or permanently, including but not limited to (i)\n the amount of storage space you have on the Foclarity Service at any time,\n and (ii) the number of times (and the maximum duration for which) you\n may access the Foclarity Service in a given period of time. CUSTANY\n reserves the right to make any such changes effective immediately to\n maintain the security of the system or User Access Information or to\n comply with any laws or regulations, and to provide you with\n electronic or written notice within thirty (30) days after such\n change. You may reject changes by discontinuing use of the Foclarity\n Service to which such changes relate. Your continued use of the Foclarity\n Service will constitute your acceptance of and agreement to such\n changes. CUSTANY may, from time to time, perform maintenance upon the\n Foclarity Service resulting in interrupted service, delays or errors in\n the Foclarity Service. CUSTANY will attempt to provide prior notice of\n scheduled maintenance but cannot guarantee that such notice will be\n provided.\n
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9. CANCELLATION.
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\n Upon cancellation you will be able to access the Foclarity Service only\n through the end of the subscription term, as specified in the product\n or product program pages. After the subscription term ends, you will\n not have any access to the Foclarity Online Service. There are no refunds\n upon cancellation. Please follow product instructions to cancel your\n account.\n
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10. SOCIAL MEDIA SITES.
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\n CUSTANY may provide experiences on social media platforms such as\n Facebook®, Twitter® and LinkedIn® that enable online sharing and\n collaboration among anyone who has registered to use them. Any content\n you post, such as pictures, information, opinions, or any Personal\n Information that you make available to other participants on these\n social platforms, is subject to the Terms of Use and Privacy Policies\n of those platforms. Please refer to those social media platforms to\n better understand your rights and obligations with regard to such\n content.\n
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January 2022
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Contact us
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\n If you have any questions regarding these terms and conditions, please\n contact us via email at info@foclarity.com.\n
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