Terms & Conditions

INTRODUCTION

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. The Platform is owned and operated by FinEye Solutions Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 and having its registered office at Gautam Buddha Nagar, UP-201306 ("FinEye", "Company", "we", "us" or "our").

By accessing, visiting or using the Platform, available at www.fineye.co (including any mobile applications, dashboards, APIs, widgets, tools or features) and the services made available through or in connection with the Platform (collectively, the "Services"), you ("Client", "User", "you", or "your") acknowledge that you have read, understood, and agree to be lawfully bound by these Terms of Use ("Terms"), including the Privacy Policy, and any other guidelines, notices, disclaimers and terms and conditions applicable to your use of the Platform and Services. If you do not agree to be bound by these Terms, you must immediately discontinue use of the Platform and the Services.

1. INTERPRETATION & DEFINITION

1.1 Interpretation

Unless the context otherwise requires, references to the word "include" or "including" shall be construed without limitation, and the singular of any defined term shall include the plural and vice versa. The headings used herein are for convenience only and do not affect the interpretation of these Terms.

1.2 Key Definitions

For the purpose of these Terms, the following words and expressions shall, unless the context otherwise requires, have the meanings assigned to them:

• "API" means the Application Programming Interface shared by the Company with the Client through which the Client may access the Services programmatically.
• "Applicable Laws" means any statute, law, regulation, ordinance, rule, judgment, order, decree, directive, guideline, policy or requirement issued by any governmental or regulatory authority.
• "Client Account" means the user account created by the Client upon registration with the Company to access the Services.
• "Confidential Information" means any written, oral, or intangible information of a Party, including technical, financial, or business information, trade secrets, customer information, data, source code, algorithms, proprietary methodologies, and any other information that is marked "Confidential" or that a reasonable person would understand to be confidential given the nature and circumstances of disclosure.
• "Credentials" means login ID, passwords, API keys, integration keys, encryption keys or any other security measures or authentication information provided to the Client to access the Company Platform.
• "Force Majeure" means any event or circumstance or combination of events or circumstances beyond a Party's reasonable control, including acts of God, fire, flood, pandemic, epidemic, earthquake, war, terrorist activity, civil commotion, sabotage, strikes, labour unrest, or telecommunication or network failures.
• "Intellectual Property" means all trademarks, service marks, logos, copyrights, patents, designs, database rights, domain names, trade secrets, algorithms, software, source and object code, know-how, and all other intellectual property rights, whether registered or unregistered.
• "Platform" means the website hosted at www.fineye.co, the dashboard, the API, mobile applications, and any other related technology platforms or applications owned and operated by the Company.
• "Services" means the bank account analyzer services, data analysis tools, transaction categorization services, insights, reports, APIs, or any other related technology or support services made available by FinEye to its Clients through the Platform, as may be modified from time to time.

3. SCOPE OF SERVICES

• 3.1 Service Description: FinEye provides its Clients with access to certain data-processing and analysis tools through its proprietary Platform and APIs. The Services may include, but are not limited to, parsing bank statements, analyzing transaction data, categorizing transactions, detecting patterns, providing insights, generating reports, and such other related services as may be made available from time to time.
• 3.2 License Grant: Subject to payment of applicable fees and the Client's continued compliance with these Terms, FinEye grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for the Client's internal business purposes in accordance with these Terms.
• 3.3 Modifications: FinEye reserves the right to modify, upgrade, enhance, or discontinue any aspect of the Services or the Platform at its sole discretion, with or without notice. FinEye will use commercially reasonable efforts to provide prior notice of material changes where practicable.
• 3.4 API Access: Access to the API shall be governed by the API documentation and usage policies provided by the Company. Excessive API usage or misuse may result in throttling, suspension, or additional charges.

4. ACCOUNT REGISTRATION

• 4.1 Registration: The Client may be required to create a Client Account and provide certain information, including but not limited to company details, authorized representative details, email address, and phone number. All information provided must be accurate and complete.
• 4.2 Credentials: The Client shall be solely responsible for maintaining the confidentiality of its Credentials and for all activities that occur under its account. The Client agrees to immediately notify the Company in writing of any unauthorized use or suspected breach of its Credentials.
• 4.3 Security: FinEye reserves the right to suspend or terminate the Client Account if it believes the account has been compromised or used in violation of these Terms.
• 4.4 Restrictions on Use: The Client shall not: (a) use the Platform in any manner except as expressly permitted by these Terms; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, structure or organization of the Platform or Services; (c) remove, obscure, or alter any proprietary rights notices; (d) use the Platform to build a similar or competitive product or service; (e) sell, resell, license, sublicense, distribute, rent, or lease access to the Platform; (f) use the Platform for any unlawful purpose or in violation of Applicable Laws.

5. TERM & TERMINATION

• 5.1 Term: These Terms shall commence on the date of acceptance by the Client and shall continue until terminated by either Party in accordance with this Clause.
• 5.2 Termination for Convenience: Either Party may terminate these Terms for convenience by providing thirty (30) days' prior written notice to the other Party.
• 5.3 Termination for Cause: Either Party may terminate these Terms immediately upon written notice if:
  • The other Party commits a material breach and fails to cure such breach within seven (7) days of receiving written notice thereof;
  • The other Party becomes insolvent, makes an assignment for the benefit of creditors, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or winding up;
  • The other Party engages in fraud, wilful misconduct, or gross negligence; or
  • A material adverse change in Applicable Law renders the performance of these Terms illegal or impracticable.
• 5.4 Effect of Termination: Upon termination:
  • All rights and licenses granted to the Client shall immediately cease;
  • The Client shall immediately cease using the Platform and Services;
  • The Client shall remain liable for all outstanding fees and charges accrued prior to termination;
  • Each Party shall, within ten (10) days of termination, return or destroy all Confidential Information of the other Party;
  • FinEye may, at its discretion, delete the Client's data in accordance with its data retention policies and applicable law; and
  • Any provision of these Terms that by its nature should survive termination shall remain in effect, including Intellectual Property, Confidentiality, Indemnity, Limitation of Liability, and Governing Law.

6. FEES & PAYMENT TERMS

• 6.1 Service Fee: The Client shall pay the service fee as may be agreed mutually between the Parties or as set forth in the applicable pricing plan or order form. The Fee shall be payable in full in advance, unless otherwise specified, and shall be non-refundable except as expressly provided in these Terms.
• 6.2 Non-Payment: If the Client fails to pay any amount when due, the Company may, at its sole discretion: (a) charge interest on the overdue amount at the rate of 2% per month or the maximum rate permitted by law, whichever is lower; (b) immediately suspend or delay the provision of Services until payment is received; (c) terminate these Terms; and/or (d) pursue all available legal remedies.
• 6.3 Taxes: All fees and charges are exclusive of all applicable taxes, levies, duties, or similar governmental assessments, including GST, sales tax, VAT, or other taxes (collectively, "Taxes"). The Client shall be responsible for payment of all Taxes except those based on the Company's net income.
• 6.4 Payment Method: Payment shall be made by wire transfer, UPI, credit card, or such other method as may be mutually agreed. All payments shall be made in Indian Rupees unless otherwise agreed in writing.

7. REPRESENTATIONS AND WARRANTIES

• 7.1 Mutual Representations: Each Party represents and warrants that: (a) it has been duly incorporated or organized and is validly existing under the laws of its jurisdiction; (b) it has the requisite power and authority to enter into these Terms and to perform its obligations hereunder; (c) the execution and performance of these Terms do not violate any Applicable Law or any agreement to which it is a party.
• 7.2 Company Warranties: The Company warrants that it will provide the Services in a professional and workmanlike manner consistent with industry standards. The Company does not warrant that the Services will be uninterrupted, error-free, or completely secure, or that defects will be corrected.
• 7.3 Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL MEET THE CLIENT'S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

8. CLIENT OBLIGATIONS

• 8.1 Infrastructure: The Client shall maintain all necessary infrastructure, software, hardware, and internet connectivity required to access and use the Services.
• 8.2 Compliance: The Client shall comply with all Applicable Laws in connection with its use of the Services, including the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023.
• 8.3 Consents: The Client represents and warrants that it has obtained all necessary consents, authorizations, and permissions from its end users, customers, employees, or other data subjects prior to transmitting any personal data or sensitive personal data or information to FinEye for processing.
• 8.4 Data Accuracy: The Client is solely responsible for the accuracy, quality, integrity, and legality of all data provided to the Company. The Company assumes no liability for errors, inaccuracies, or omissions in such data.
• 8.5 Misuse: The Client shall not use the Services: (a) in any manner that violates Applicable Laws; (b) to transmit any malicious code, viruses, or harmful components; (c) to interfere with or disrupt the integrity or performance of the Platform or Services; (d) to attempt to gain unauthorized access to the Company's systems, networks, or data; (e) to transmit any fraudulent, defamatory, obscene, or offensive content.

9. LIMITATION OF LIABILITY

• 9.1 No Reliance: The Company will not be held liable regarding any document or information forwarded by the Client as being accurate, true, and correct. The Company does not verify the authenticity, completeness, or legality of data provided by the Client.
• 9.2 No Advisory Services: The Company is not providing any financial advice, credit underwriting services, investment advice, or legal advice. Any insights, analytics, or reports generated by the Platform are for informational purposes only and should not be relied upon as the sole basis for making business, financial, or legal decisions.
• 9.3 Exclusion of Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 9.4 Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE TOTAL SERVICE FEES PAID BY THE CLIENT TO THE COMPANY IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• 9.5 Exceptions: Nothing in these Terms shall exclude or limit either Party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct or gross negligence; or (d) any other liability that cannot be excluded or limited under Applicable Law.

10. DISCLAIMER OF WARRANTIES

To the fullest extent permissible under Applicable Law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, compatibility, applicability, usability, fitness for a particular purpose, title, and non-infringement. The Services are provided on an "as is" and "as available" basis. The Company does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the Services will be accurate, complete, or reliable;
• The quality of any data, information, services, or other material obtained through the Platform will meet the Client's expectations;
• Any errors in the Platform or Services will be corrected; or
• The Platform or the servers that make the Platform available are free of viruses or other harmful components.

The Client acknowledges and agrees that the use of the Platform and Services is entirely at the Client's own risk.

11. INDEMNITY

The Client agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and representatives from and against any and all claims, suits, actions, proceedings, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees and litigation expenses) arising out of or in connection with:

• Any fraud, gross negligence, wilful misconduct, or breach of these Terms by the Client;
• The Client's use or misuse of the API, Platform, or Services in violation of these Terms or Applicable Laws;
• Any non-compliance with Applicable Laws by the Client;
• Any breach of the Client's representations, warranties, or obligations under these Terms;
• Any third-party claim arising out of the Client's use of the Services or data provided by the Client;
• Any infringement or alleged infringement of Intellectual Property rights or privacy rights of any third party arising from the Client's use of the Platform; or
• Any claim by a data subject or regulatory authority relating to the Client's failure to obtain necessary consents or comply with data protection laws.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client. The Client agrees to cooperate fully with the Company in the defense of any such claim.

12. CONFIDENTIAL INFORMATION

• 12.1 Disclosure: In the course of performance under these Terms, each Party ("Disclosing Party") may disclose certain Confidential Information to the other Party ("Receiving Party"), including business information, trade secrets, customer information, proprietary data, technical specifications, and other sensitive information.
• 12.2 Obligations: The Receiving Party shall: (a) treat all Confidential Information as strictly confidential; (b) not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except to its employees, consultants, advisors, or subcontractors who need to know it for purposes of these Terms and who are bound by confidentiality obligations no less restrictive than those set forth herein; (c) use the same degree of care to protect the Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care; (d) use Confidential Information only for the purposes contemplated under these Terms.
• 12.3 Exceptions: Confidential Information shall not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully in the possession of the Receiving Party prior to disclosure by the Disclosing Party; (c) is rightfully received from a third party without breach of any confidentiality obligation; (d) is independently developed by the Receiving Party without use of or reference to the Confidential Information; or (e) is required to be disclosed by law, regulation, court order, or government authority, provided that the Receiving Party gives the Disclosing Party prompt written notice and reasonable opportunity to seek a protective order.
• 12.4 Return or Destruction: Upon termination or expiration of these Terms, or upon the Disclosing Party's written request, the Receiving Party shall promptly return or destroy all Confidential Information and certify in writing to the Disclosing Party that such return or destruction has been completed.
• 12.5 Survival: The obligations under this Clause shall survive termination of these Terms for a period of three (3) years.

13. INTELLECTUAL PROPERTY RIGHTS

• 13.1 Company's Intellectual Property: The Company retains all worldwide right, title, and interest in and to all Intellectual Property in and to the Company Platform, dashboard, APIs, Services, software, documentation, reports, insights, analytics, methodologies, algorithms, and any modifications, enhancements, derivative works, or improvements thereof, whether created before or during the term of these Terms. No title or ownership rights to any Intellectual Property of the Company are transferred to the Client under these Terms.
• 13.2 Pre-Existing Intellectual Property: All Intellectual Property existing prior to the commencement of these Terms shall continue to belong to the Party that owned such property before these Terms. Nothing in these Terms shall be construed as granting any rights in such pre-existing Intellectual Property to the other Party, except for the limited license expressly granted herein.
• 13.3 Client Data: Subject to the license granted to FinEye to process and use Client Data as necessary to provide the Services, the Client retains all ownership rights in and to the data and information provided by the Client to FinEye ("Client Data").
• 13.4 No Rights: Except as expressly provided in these Terms, the Client shall have no ownership or rights in the existing or future Intellectual Property of the Company, including any enhancements, modifications, or derivative works based on the Services or Platform.
• 13.5 Feedback: If the Client provides any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Services ("Feedback"), the Company shall have the right to use such Feedback without restriction or obligation to the Client.
• 13.6 Restrictions: The Client shall not: (a) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on the Platform or Services; (b) use the Company's trademarks, logos, or branding without prior written consent; (c) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Platform or Services.

14. DISPUTE RESOLUTION

• 14.1 Negotiation: In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, interpretation, performance, breach, or termination ("Dispute"), the Parties shall use their best efforts to settle such Dispute amicably through good faith negotiations within thirty (30) Business Days from the date on which notice of such Dispute is given by one Party to the other.
• 14.2 Arbitration: If the Parties fail to resolve the Dispute through negotiation within the time period specified above, the Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties fail to agree on the appointment of a sole arbitrator within fifteen (15) days of the invocation of arbitration, the appointment shall be made in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
• 14.3 Seat and Language: The seat and venue of arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted in the English language.
• 14.4 Award: The arbitrator's award shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction. Each Party shall bear its own costs of arbitration, and the costs of the arbitrator shall be borne equally by the Parties unless the arbitrator determines otherwise.
• 14.5 Interim Relief: Nothing in this Clause shall prevent either Party from seeking interim or provisional relief, including injunctive relief, from a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending the resolution of the Dispute through arbitration.

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the provisions of Clause 14 (Dispute Resolution), the courts at New Delhi, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

16. MISCELLANEOUS

• 16.1 Entire Agreement: These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
• 16.2 Amendment: The Company reserves the right to modify or amend these Terms at any time by posting the revised Terms on the Platform. The Client's continued use of the Platform or Services after such modifications shall constitute acceptance of the revised Terms. If the Client does not agree to the modified Terms, the Client must immediately discontinue use of the Platform and Services.
• 16.3 Assignment: Neither Party may assign, transfer, or delegate any of its rights or obligations under these Terms without the prior written consent of the other Party, except that the Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Clause shall be null and void.
• 16.4 Relationship of Parties: The relationship between the Parties shall be on a principal-to-principal basis. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the Parties. Neither Party has any authority to bind the other Party or to incur any obligation on behalf of the other Party.
• 16.5 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely approximates the intent and economic effect of the original provision.
• 16.6 Waiver: No failure or delay by either Party in exercising any right, power, or privilege under these Terms shall constitute a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. No waiver shall be effective unless made in writing and signed by the Party against whom the waiver is sought to be enforced.
• 16.7 Force Majeure: Neither Party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent that such delay or failure is caused by a Force Majeure event. The affected Party shall promptly notify the other Party of the Force Majeure event and shall use commercially reasonable efforts to mitigate its impact. If a Force Majeure event continues for more than sixty (60) days, either Party may terminate these Terms upon written notice to the other Party.
• 16.8 Notices: All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent by email (with confirmation of receipt), or sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses specified by the Parties or such other address as either Party may designate in writing.
• 16.9 Non-Disparagement: During the term of these Terms and for a period of two (2) years thereafter, neither Party shall make any public statements, whether written or oral, that disparage, defame, or cast in a negative light the other Party, its products, services, business practices, officers, directors, employees, or affiliates.
• 16.10 Survival: Any provision of these Terms that by its nature should survive termination shall survive, including but not limited to provisions relating to ownership, intellectual property, confidentiality, indemnity, limitation of liability, dispute resolution, and governing law.
• 16.11 Interpretation: In these Terms, unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) references to "Clauses" refer to clauses of these Terms; (c) the words "hereof," "herein," and "hereunder" refer to these Terms as a whole; (d) "including" means "including without limitation."

17. CONTACT INFORMATION

For any queries, complaints, or grievances relating to these Terms or the Services, please contact us at:

FinEye Solutions Private Limited
Address: Gautam Buddha Nagar, UP-201306
Email: support@fineye.co
Phone: +91-9667090342