Last Modified: 18 May 2017
LoanSkout / FINCH Service Background
Thank you for using Atikus’ products and services (“Services”). The Services are provided by Atikus Holdings, and all of our affiliates (“Atikus,” “we,” “our”), located at 9th Floor, Standard Chartered Tower, 19 Cybercity Ebene, Mauritius. Atikus offers software and risk management services to unite and amplify financial inclusion efforts in an effort to expand access to capital for individuals, microenterprises, and small and medium enterprises. We match small businesses and small business owners with credit lenders and other sources of funding (“Funding Providers”) or capacity-building and training organizations (“Training Organizations”), and help those same organizations with their client management and evaluation processes.
This is a terms of service agreement (“Agreement”) between you and Atikus (each a “Party,” and collectively the “Parties”). This Agreement describes your rights and the conditions upon which you may use the Services, including, but not limited to, our website and other electronic means such as a mobile application or other software operated by Atikus (the “Site”), including the LoanSkout / FINCH software as a service (the “Software”). You should review the entire Agreement, including any supplemental license terms that accompany the Services and any linked terms, because all of the terms are important and together create this Agreement that applies to you.
1.1. Applicability. This Agreement applies to the Services and any Atikus updates, upgrades, supplements, or services for the Services, unless other terms come with them. If this Agreement contains terms regarding a feature or Service not available on your device, then those terms do not apply to you.
1.2. Additional Terms. Additional Atikus or third party terms may apply to your use of certain Services and features, depending on your device’s capabilities, how it is configured, and how you use it. Please be sure to read them.
1.2.2. Our Services use some content that is not ours. This content is the sole responsibility of the entity that makes it available. The inclusion of any link to a third party website does not imply we approve or endorse the third party website or its content. We cannot guarantee that the links set out in our Services are accurate. Moreover, the third party websites to which the links resolve may have been independently developed and maintained by person(s) over whom we have no control.
1.2.3. We do not monitor third party websites linked to our Services, including any transmission made through the third party websites’ respective web pages and news groups. Accordingly, we assume no responsibility for the content of any third-party website which references our Services by any link or otherwise.
2. Installation and Use Rights.
2.1.1. Atikus and its licensors retain ownership of all Software and reserve all rights not expressly granted to you. Under this Agreement, we grant you the right to run one instance of the Services on your device (the “Licensed Device”), for use by one person at a time, as long as you comply with all the terms of this Agreement.
2.1.2. We give you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by us, in the manner permitted by these Terms of Service. You may not copy, modify, distribute, sell, or lease any part of the Services or provided Software, nor may you reverse engineer or attempt to extract the source code of that Software, unless laws prohibit these restrictions or you have our written permission. We do not authorize the downloading or exportation of any Software or technical data from the Services to any jurisdiction where such activity is prohibited by export controls laws and regulations.
2.2. Device. In this Agreement, “device” means a hardware system (whether physical or virtual) capable of allowing use of the Services. A hardware partition or blade is considered to be a device.
2.3. Restrictions. Atikus reserves all rights (such as rights under intellectual property laws) not expressly granted in this Agreement. For example, this Agreement does not give you any right to, and you may not:
2.3.1. Use or virtualize features of the Services separately;
2.3.2. Publish, copy, rent, lease, or lend the Services;
2.3.3. Work around any technical restrictions or limitations in the Services;
2.3.4. Use the Services as server Services, make the Services available for simultaneous use by multiple users over a network, allow users to access the Services remotely; or
2.3.5. Use Internet-based features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any Services, data, account, or network, in an unauthorized manner.
2.4. Use of Services.
2.4.1. You must follow any policies made available to you within the Services.
2.4.2. You must be 18 years old or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Atikus. By using our Services, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Service.
2.4.3. You agree to use our Services only to match small businesses and small business owners with Funding Providers or Training Organizations or for related loan administration functions. You agree not to use the Services for personal, family, or household purposes. If you are using our Services on behalf of a business, you agree that you are an authorized representative of your business and that your business accepts these Terms of Service. You may not authorize others outside of that business to use your account, and you may not assign or otherwise transfer your account to any other person or entity outside of that business. You agree that your business will hold harmless and indemnify us and our affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of our Services, or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
2.4.4. You alone are responsible for, and assume all liability regarding (i) the information and content you provide through your use of our Services and (ii) the information and content you make available in any manner through our Services. You agree to provide accurate information and to promptly update any submitted information as soon as it is incorrect, misleading, incomplete, or obsolete.
2.4.5. You agree not to misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that it provides. We may suspend or stop providing the Services to you if you do not comply with these terms or policies or if we are investigating suspected misconduct.
2.4.6. You agree not to post to or send via our Services any materials that are or could reasonably be construed as: (i) defamatory, libelous, harassing, stalking, threatening, obscene, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, or intended to deceive; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licenses and/or approvals; or (iv) violating any other law or regulation.
2.4.7. You must not link to our Services other websites which are indecent or inappropriate, and you must immediately remove any link if we, in our sole discretion, so request.
2.4.8. You may not use any means (automated or otherwise) other than through the published interfaces that are provided by us to access, scrape, or collect information from our Services (including, without limitation, the use of robots, spiders, scripts, or other automatic devices or programs), frame our Site or place popup windows over our Site’s pages, engage in the practices of “screen scraping” or “database scraping,” or undertake any other activity with the purpose of obtaining content or other information. You may not use data provided by us for any competing uses or purposes, or use our Services in any manner that violates applicable law or that could damage, disable, overburden, or impair (or attempt to do so), our Services or interfere with any other party’s use and enjoyment of our Services.
2.4.9. You agree that you will (i) comply with all applicable laws, regulations, and ordinances; (ii) not use our Services in any manner that would infringe or violate the rights of Atikus or any other party; and (iii) not use our Services in any way in furtherance of criminal, fraudulent, or other unlawful activity.
2.4.10. Some of our Services may be available on mobile devices. You agree not to use the Services in a way that distracts you and prevents you from obeying traffic or safety laws.
2.5. Multiple or Pooled Connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the Services, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the Services you are using.
2.6. Trademark and Copyright Protection.
2.6.1. All trademarks, service marks, trade names, logos, and icons are proprietary to Atikus or used by us with the respective owner’s permission. Nothing provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark used by our Services without our written permission. The use of the trademarks used by our Services, or any other content used by our Services, by you, or anyone else authorized by you, except as provided herein, is strictly prohibited. Additionally, all images used by our Services are either our property or used with the owner’s permission. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by us. Any unauthorized use of the images used by our Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2.6.2. We own, operate, and provide these Services. Except as otherwise expressly permitted by us, no materials from our Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material from our Services for business needs only, provided that you also retain all corresponding copyright and other proprietary notices contained therein. You may not distribute, modify, transmit, reuse, repost, or use the content from our Services, including the text, images, audio, and video, for public or commercial purposes, without our prior written permission. We neither warrant nor represent that your use of materials from our Services will not infringe rights of third parties.
2.6.3. Digital Millennium Copyright Act. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send Atikus an email at email@example.com with “Copyright” in the subject line and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Privacy; Consent to Use of Data.
3.2. Any information you transmit to us, by electronic mail or otherwise, including data, questions, comments, feedback, or suggestions, will be treated as non-confidential and non-proprietary. Such information, other than personally identifying or financial information, will become our property and may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. We may use any ideas, concepts, know-how, or techniques, other than personally identifying or financial information, contained in any communication you send to us by any means for other purposes, including, but not limited to, improving, developing, and marketing Services using such information.
3.3. By providing information or content, excluding personally identifying or financial information, to us, you automatically grant, and you represent and warrant that you have the right to grant, to us and users of our Services, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
4. Passwords. You are responsible for securely managing your password(s) for access to the Services and will contact Atikus if you become aware of any unauthorized access to your account.
5. Updates. The Software periodically checks for updates, and downloads and installs them for you. You may obtain updates only from Atikus or its authorized sources. By accepting this Agreement, you agree to receive these types of automatic updates without any additional notice.
6. Geographic and Export Restrictions. If any Services, including corresponding Software, are restricted for use in a particular geographic region, then you may activate those Services only in that region. You may not use or otherwise export or re-export the Services, including corresponding Software, except as authorized by United States law and the laws of the jurisdiction(s) in which the Services were obtained. In particular, but without limitation, the Services may not be used, exported, or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons.
7. Binding Arbitration and Class Action Waiver.
7.1. Governing Law. The laws of the state or country where you live (or if a business where your principal place of business is located) govern all claims and disputes concerning the Services, their price, or this Agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles, except that the United States Arbitration Act governs all provisions relating to arbitration.
7.2. Arbitration. Any dispute arising under this Agreement shall be submitted to confidential arbitration conducted in English by and under the rules of the International Chamber of Commerce, in the city of New York, New York, and you submit to the jurisdiction and proceeding thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The Parties irrevocably waive any and all rights to a trial by jury.
7.3. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
8. Consumer Rights, Regional Variations. This Agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. This Agreement does not change those other rights if the laws of your state or country do not permit it to do so.
To the fullest extent permissible pursuant to applicable statute or common law, our Services are provided on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the Services, or the use or results of the use of the Services. Nor do we warrant that the Services’ functions and materials will be uninterrupted or error-free, that defects will be corrected, or that the SERVICES or the server that makes the SERVICES available are free of viruses or other harmful components.
These Terms of Service are not intended to be a complete description of all applicable terms, exclusions and conditions, and are provided solely for general informational purposes. You must refer to the policy corresponding with the relevant Service for a complete description of all applicable terms, exclusions, and conditions.
9. Liability for Use of Services.
You assume all risks when using our Services, including, but not limited to, all risks arising from interactions with third parties and other parties, including but not limited to SMALL BUSINESSES, small business owners, TRAINING ORGANIZATIONS, Funding Providers, and Atikus.
While we use commercially reasonable efforts to include accurate and up-to-date information in our Services, errors or omissions sometimes occur. To the extent permitted by applicable law, we make no warranties or representations as to the accuracy of our Services and under no circumstances, including, but not limited to, negligence, shall we or any party involved in creating, producing, or delivering the Services be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the Services, even if we or our authorized representative has been advised of the possibility of such damages.
We assume no responsibility, and shall not be liable, for any damages to your computer equipment or other property, including any damages resulting from a virus infection, as a result of your use of our Services, or your downloading of any materials, data, text, images, video, or audio from our Services.
When permitted by applicable law, we, and our suppliers and distributors, will not be responsible for PERSONAL INJURY, lost profits OR revenues, data LOSSES, financial losses, or direct, indirect, special, incidental, consequential, exemplary, or punitive damages, whether in tort (including without limitation negligence), contract or otherwise in connection with our Services in any way or in connection with the use, inability to use, or the results of use of our Services, any websites linked to our Site or Services, or the material on such websites.
To the extent permitted by applicable law, our total liability, and our suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use our Services FOR THE PREVIOUS TWELVE MONTHS.
In all cases, we, and our suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We are not liable for the accuracy in content and advisory value of any third party information that IS linked and/or referred to in our Services. The links and references are provided for your information only. We have no control over the contents of these third party sites and exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party for the use of this information.
We will not be liable for any breach of this Agreement caused by circumstances beyond our reasonable control.
10. Additional Notices.
10.1. Networks, Data, and Internet Usage. Some features of the Services may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or Internet provider agreement. Certain features of the Services may help you access the Internet more efficiently, but the Services’ usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the Services to connect to networks, and to share access information about those networks, only if you have permission to do so.
10.2. Diagnostic and Usage Data. You agree that Atikus and its subsidiaries and agents may collect, maintain, process, and use diagnostic, technical, usage, and related information, including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Atikus’ services, facilitate the provision of updates, Service support, and other services to you (if any) related to the Services, and to verify compliance with the terms of this Agreement. Atikus may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above.
For information about how to contact us, please visit our Contact Page.