End User License Agreement
Finology LLC is willing to authorize Your access to Software associated with this End User License Agreement only upon the condition that You accept that this Agreement governs Your use of the Software and all services offered by Finology. By selecting the "Accept License Agreement" button for using Finology Software, You indicate acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with these license terms. If You are not willing to be bound by this Agreement, do not select the "Accept License Agreement" button (or the equivalent) and do not utilize or access the Software or any Finology services in any way.
Definitions
"Finology" refers to Finology LLC. "You" and "Your" refers to (a) a company or organization (each an "Entity") accessing the Software, if use of the Software will be on behalf of such Entity; or (b) an individual accessing the Software, if use of the Software will not be on behalf of an Entity. "Software" refers to any online services, web application, Apps, or Software stored on the cloud that You will use from your own web browser in connection with this Agreement. This also includes any updates, error corrections, and/or Software Documentation provided by Finology. "License Agreement" means this End User License Agreement and any documents it may incorporate by reference (e.g. Privacy Policy, or Terms of Service).
Rights and Restrictions
Finology grants You a personal, nonexclusive, non transferable, limited license to (1) internally use the Software for your personal use (i.e., no use by any third party, no use for commercial or business purposes), including analyzing, developing, sharing, and reporting loan data and (2) reproduce and distribute files (e.g. PDFs and graphs organizing loan data) created with Finology Software ("Redistributables"), provided that: (i) You reproduce and distribute the Redistributables unmodified and only bundled as part of Your own products and services developed using the Software, (ii) You use the Redistributables in a manner that protects Finology's interests as well as this Agreement and does not grant any further right of distribution to Your end users, and (iii) You will defend, indemnify and hold harmless Finology from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises as a result of Your activities undertaken in connection with the Software or the distribution and reproduction of the Redistributables, or any combination of any Redistributables with any of Your programs that You distribute. Redistributables include Your ability to white label PDFs to your own firm's branding/logo, adding new text does not supersede any agreement contained herein. You expressly acknowledge that this is a non-exclusive, non-transferable, non-sublicensable license to use the Software. You expressly acknowledge and agree that this Agreement only permits You to access the Finology Software. You must create your own account and must not make the Software available in any manner to any third party. If You desire to make the Software available to your employees, you may add additional subscriptions for a fee. You acknowledge that the Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified. You promise and acknowledge that you are solely responsible for all activities undertaken by You in connection with use of the Software, including but not limited to activities undertaken by users who gain access to your client. You are solely responsible for maintaining the security and privacy of your account and password and hold Finology not liable and harmless for activities undertaken by any user of your account. You promise and agree that You shall (1) comply with all applicable laws and regulations, including the agreement not to commit any crime, tortious act, or otherwise illegal conduct, (2) that You have the right and authority to enter into this Agreement, either on Your own behalf or on behalf of a company or other entity, (3) that You are over the age of 18, and (4) that all information provided to Finology by You is true, accurate, current and complete. All rights not expressly granted in this Agreement are reserved by Finology. If You want to use the Software for any purpose other than as expressly permitted under this Agreement, You must obtain from Finology a separate agreement permitting such use.
Ownership
Finology retains all ownership to the Software. You expressly acknowledge that this Agreement does not, including implicitly, transfer or assign to You, any intellectual property right including any patent, design, trademark, copyright or rights in any confidential information or trade secrets, in or related to the Software.
Customer Service and Support
For help with any Finology Software please contact us at info@finology.tech or please utilize the chat functionality available within your Finology account. Finology customer service will respond within a reasonable time, typically within 48 hours. However, customer service is not available on weekends or holidays but may at their discretion respond.
DISCLAIMER: ANY INFORMATION PROVIDED BY FINOLOGY CUSTOMER SERVICE IS LIMITED TO SOFTWARE FUNCTIONALITY FOR DEMONSTRATION PURPOSES ONLY. CUSTOMER SUPPORT DOES NOT REPLACE FINANCIAL ADVICE, YOU MUST USE YOUR OWN JUDGMENT.
Charges and Cancellation
After purchase of a Finology annual subscription and use of the Software after the trial period, there will be no refunds. All refunds are at Finology's sole discretion. You agree that Finology may charge to Your credit card or other payment mechanism agreed to by both You and Finology, all amounts due and owing for the Software, including without limitation subscription fees or any other fee or charge. Finology may change prices at any time, including changing from a free service (or feature) to a paid service provided, however, Finology will provide you with prior notice of the applicable fees and agree to pay such fees. You agree that in the event Finology is unable to collect any fees owed by You to Finology, Finology may take any steps it deems necessary to collect such fees and that You will be responsible for all costs and expenses incurred by Finology in connection with such collection activity, including collection fees, interest court costs and attorneys' fees. If You fail to comply with any provision of this Agreement, Finology may terminate this Agreement immediately and retain any fees previously paid by You. Upon any termination of this Agreement, You must cease any further use of the Software and if applicable destroy any copies of associated therewith in Your possession and control and any PDFs and redistributables are void.
Third Party Information
You expressly acknowledge and understand that much of the information and data provided by the Finology Software and its associated services is taken from the National Student Loan Data System (NSLDS). You further expressly acknowledge and understand that NSLDS does not represent that its information is accurate with respect to data guarantees, timeliness, sequence, accuracy, or completeness and that any mistakes or misinformation made by NSLDS are the sole fault of NSLDS and not Finology and that if Finology reproduces an error originated by NSLDS you expressly acknowledge and agree to not hold Finology liable in any way for any damages such an error may cause.
Information Shared with Third Parties
Finology works diligently with third party partners to provide You with the best information in the industry. As a result, we necessarily have to share some user data with third parties. Finology shares information you provide to us with third parties that can and may include other technology companies, lenders and financial planners/advisors and enterprise financial services companies.
Use Restrictions
By accepting this Agreement You agree not to: (a) use, copy, merge, mutilate, make derivative works of, or transfer copies of the Software; (b) use the Software on more than one computer or device without the appropriate permissions from Finology; (c) use any backup, archival copy, or any other duplicate of the Software for any purpose other than to replace the original copy; (d) rent, lease, sublicense, distribute, transfer, copy, modify or share the Software under this EULA; (e) provide unauthorized third parties with access to or use of the Software; (f) reverse engineer, disassemble, or otherwise attempt to access the source code of the Software; (g) use the Software after any expiration, termination or cancellation of this Agreement.
Risk of Use and Financial Information
Financial services often require licensing with various government agencies or certification groups. By agreeing to this agreement, You expressly acknowledge, represent and warrant that You have such appropriate certifications and are legally allowed to access such information. You further agree that you are not accessing and using any third-party financial information, provided by the NSLDS or otherwise, in order to harass or annoy anyone and that said information utilized is of a sensitive and private nature warranting reasonable safeguard precautions by You. You expressly acknowledge and agree that the Software is designed to assist in the performance of reducing personal debts, federal and private student loan analysis calculations associated with federal income driven repayment plans and reporting activities and is not intended to replace professional skill and judgment. You expressly acknowledge and agree that You are solely responsible for compliance with all federal, state, foreign, and local laws, rules, and regulations, plus the rules and regulations of any self-regulatory organization relating to use of the Software and the delivery of any output.
Credit Pulls
Finology and other third parties may perform credit checks on Your clients. Credit checks may take the form of "soft pulls". Although Finology does not intend for such credit checks to affect Your credit, users should be aware that it is possible for such checks to affect a user's credit. By using Finology services You agree to not hold Finology liable if Your credit is affected as a result of such credit checks by Finology. Finology is not responsible if third party credit checking agencies affect the credit report of a user.
No Affiliation with US Department of Education
Finology is an independent company. Finology is not affiliated with the Department of Education or any other federal agency. The U.S. Department of Education does not control or guarantee the accuracy, relevance, timeliness, or completeness of any information presented by Finology. Furthermore, Finology is not bound to the privacy policy established by the United States Department of Education. Income-Driven data repayment plan calculations are based on the publicly available information associated with currently drawn up methodology and will change. Any changes in these policies towards forgiveness will result in a period of time where Finology will make best efforts to update based on these new circumstances.
No Loan Payments or Generation
Finology does not make, offer, or create loans. In certain instances, Finology may pair individuals with services that may help them pay a loan, refinance a loan or consolidate a loan. Agreements between Finology users and other third parties are not governed by this agreement. You should be sure to review other agreements besides this one separately. Finology does not make payments towards loans on Your behalf. Users should be aware of their clients loan obligations and direct them to make proper payments in a timely fashion.
Third-Party Technology
The Software may contain or require the use of third-party technology. Finology may provide certain notices to You in connection with such third-party technology. Your rights to use separately licensed third-party technology are not restricted by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not separately licensed third-party technology shall be deemed part of the Software and is licensed to You under the terms of this Agreement. Using Single-Sign-On (SSO) credentials from another application may cause issues with Your ability to login and may not be supported by the third parties.
Personal Data Collection
Finology collects personal data about You when you use the Software, including Your name, Your client's name, employer, job title, email address, phone numbers, postal or physical address, payment information such as Your credit card, and IP addresses. If you don't want your personal data used in this manner, please immediately request that your account be deactivated. We will only use your personal data in lawful ways, including without limitation, improving our Software and services, fulfilling your individual requests, and investigating unauthorized activity.
Relationship Between the Parties
You and Finology expressly acknowledge and agree that Finology is an independent contractor and it is agreed that no partnership, joint venture, or agency relationship exists between You and Finology.
Finology Service Not Financial Advice
Finology is an information aggregator and Software company. The information provided by Finology and accompanying Software is for informational purposes only and is not tax, legal, loan, insurance or investment advice. This website and accompanying services are not a solicitation, offer or recommendation for the purchase or sale of any securities or other financial products. Finology is not a financial planner and Finology does not make or pay loans. Users are assumed to have the adequate background, training and education to utilize the Software.
Entire Agreement; Governing Law
This Agreement may not be modified by You and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of Finology. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. No action, regardless of form, arising out of this Agreement may be brought by You more than one year after the cause of action has arisen. Finology shall have the right to collect from You its reasonable expenses incurred in enforcing this Agreement including internal costs and attorneys' fees. Waiver or failure of Finology to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. You may not assign, transfer or sublicense Your rights, duties or obligations under this Agreement, in whole or in part.
This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You agree to submit to the exclusive jurisdiction of, and venue in, the courts of California in any dispute arising out of or relating to this Agreement.
Exclusion of Warranties and Conditions
FINOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE) ARISING OUT OF OR RELATED TO THIS AGREEMENT AND IN NO EVENT SHALL FINOLOGY OR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, SUPPLIER, OR INDEPENDENT CONTRACTOR OF FINOLOGY BE LIABLE FOR ANY DAMAGES WHATSOEVER DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRODUCTS OR SERVICES.