Website and Mobile App Terms of Use

General and Acceptance

These Terms of Use apply to the Finstro website (the “Website”) and the Finstro mobile application (the “Mobile App”), which is operated on behalf of Finstro US, Inc. (“Finstro”, “we”, “us” or “our”). By downloading, installing, accessing, browsing or using the Website or Mobile App (the “Services”), you accept and agree to both these terms and conditions (“Terms of Use” or “Agreement”) and the terms and conditions of the Finstro Privacy Policy, which is published via a link on the Website, and which is incorporated herein by reference. In addition to all other agreements that may be provided to you, these Terms of Use set forth the legally binding terms for your use of the Services and they shall apply to all users of the Website and Mobile App. By continuing to use the Services, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE MOBILE APP AND/OR SERVICES IMMEDIATELY. IF YOU WISH TO USE OF THE SERVICES, YOU MUST READ THIS AGREEMENT. This Agreement is entered into for the benefit of Finstro and its affiliated companies who may each enforce against you. In order to participate in certain other services provided through the Website and/or Mobile App, you will be notified that you are required to agree to additional terms and conditions.

Finstro may modify this Agreement from time to time in its sole discretion and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.

Privacy

We are committed to protecting your privacy. Your submission of information, including personal information, through or in connection with the Finstro Website or Mobile App is governed by the terms of our privacy policy and for California Residents, our CCPA Disclosure, as they are updated from time to time, available at www.finstro.com(collectively our “Privacy Policy”).

Eligibility

By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited.

Third Party Content

The Finstro Website or Mobile App may contain links to the websites of third party providers of goods and services (Third Party websites). If you have accessed Third Party websites through our website or mobile app, and if those third parties collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.

Cookies

We use ‘cookies’ to provide you with better and more customized service and with a more effective website. A ‘cookie’ is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.

We use cookies for different purposes such as:

  • to allocate a unique number to your internet browsers;
  • to customize our website for you;
  • for statistical purposes;
  • to identify if you have accessed a Third Party website; and
  • for security purposes.

IP addresses

Your IP address is the identifier for your computer when you are using the internet. It may be necessary for us to collect your IP address for your interaction with various parts of our website.

Online applications

When you send a completed online application to us, we retain the information contained in that application. We are able to then use that information to provide any financial services that you require.

You can also suspend and save online applications, so you can complete and send the applications at a later time. If you suspend or save your application, the information that you have entered will be retained in our systems so that you may recover the information when you resume your application. Online applications that have been suspended or saved may be viewed by us.

Intellectual Property and License Restrictions

All intellectual property rights in and to the Website and Mobile App belong to Finstro or our licensors, the rights granted herein are licensed (not sold) to you, and you have no rights in, or to, Website and Mobile App or its content other than the right to use the App in accordance with these Terms of Use.

Except as expressly provided in these Terms of Use, and unless prohibited by applicable law, you agree not to (a) copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the Website or Mobile App, including without limitation for public or commercial purposes, including any text, images, audio and video; (b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the Website or Mobile App in any way; (c) not to make alterations to, or modifications of, the whole or any part of the Website or Mobile App, or permit the Website or Mobile App or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or Mobile App;(e) not to sell, resell, or exploit the Website or Mobile App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and (f) you represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

All trademarks, service marks, trade names, and logos are proprietary to Finstro or used by Finstro with the permission of its third-party providers. Nothing contained on the Website or Mobile App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website or Mobile App without the written permission of Finstro. Your use of the trademarks displayed on the Website or Mobile App, or any other content on the Website or Mobile App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the Website or Mobile App in source code form.

Security of information

The security of your information is very important to us. Finstro regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorized access, modification or disclosure.

If we no longer require your information, and we are legally permitted to, we will take all reasonable steps to destroy or de-identify the information. We take reasonable steps to preserve the security of cookie and personal information in accordance with this policy. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).

Disclaimer Of Warranties

BY USING THE WEBSITE AND MOBILE APP, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF WEBSITE AND MOBILE APP AND THE INTERNET GENERALLY. THE WEBSITE AND MOBILE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICES OR ANY RELATED THIRD-PARTY SERVICES AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Limitation Of Liability

You agree that your use of the Website and Mobile App and/or any Third Party websites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the Website and Mobile App. To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the Website and Mobile App.

Indemnity

To the extent permitted by applicable law, you agree to indemnify Finstro for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us that arise out of (a) your use of the Website and/or Mobile App; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) your violation of any other terms applicable to your use of any additional services offered to you through the Website or Mobile App. This defense and indemnification obligation will survive this Agreement and your use of the Website and Mobile App. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Finstro Website and/or Mobile App and you agree to assist and co-operate with us in relation to any such claim.

Termination

You agree that these Terms of Use remain in effect for as long as you subscribe to, renew or use the Website or Mobile App. Finstro may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Finstro may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Finstro may include commercial opportunities or content in any Finstro product, services, image or webpage.

Events Beyond Control

Finstro shall not be liable for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by events beyond our reasonable control, including any failure of public or private telecommunications networks. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Finstro without restriction or limitations.

General

These Terms of Use are governed by and construed under the laws of the State of Colorado and you agree to submit to the non-exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Finstro’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Contact Us

If you have any questions, comments, or concerns regarding these Terms of Use, please contact us at 1800 FINSTRO | inquiry@finstro.com | Finstro US Inc, Suite 2100 1660 Lincoln Street, Denver, CO 80264, USA