Terms of Service

Keennovation Sdn Bhd (1178740-V), d/b/a Keennovation (“Finorytech” or “we” or “Keennovation”) provides bank statement analyser and other related tools and services. These offerings are provided by Keennovation through an application programming interface (the “Application”) and various internet sites such as our embedded site and dashboard app (the “Site” and, together with any related software, tools, and services provided in connection with the Application or Site, the “Finorytech Service”). Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found on our website at https://www.finory.tech/privacy-policy and which is incorporated herein by reference into these Terms of Service. These Terms of Service govern your access to and use of the Finorytech Service and all Site Content and constitute a binding legal agreement between you(“Customer”) and Keennovation.

YOU ACKNOWLEDGE AND AGREE THAT, BY REGISTERING FOR A FINORYTECH ACCOUNT, EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS AND CONDITIONS, CLICKING ANY APPLICABLE “ACCEPT TERMS” BUTTON, ACCESSING OR USING THE APPLICATION OR ANY APPLICATION UPGRADES, OR ACCESSING OR USING THE FINORYTECH SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM OR ON OR THROUGH THE FINORYTECH SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE FINORYTECH SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity. The term “Agreement” herein shall refer to, collectively, the Order Form and these Terms and Conditions.

Modification

Keennovation reserves the right, at its sole discretion, to modify, discontinue, or terminate the Finorytech Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Finorytech Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Finorytech Service.

Certain portions of the Finorytech Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. Keennovation may, in its sole discretion, make premium or different applications, software, or services available to you that are subject to different terms and conditions and narrower licences than as set forth herein or provide different terms according to Order Form. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Finorytech Service, the latter terms and conditions shall take precedence concerning your use of or access to that portion of the Finorytech Service.


Eligibility

By accessing or using the Finorytech Service you represent and warrant to Keennovation that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate, current, and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Finorytech Service and take full responsibility for the selection and use of and access to the Finorytech Service. These Terms of Service are void where prohibited by law, and the right to access the Finorytech Service is revoked in such jurisdictions.

Privacy

See Finorytech’s Privacy Policy at https://www.finory.tech/privacy-policy for information and notices concerning Finorytech’s collection and use of personal information.

Account Registration

To access the Finorytech Service, you must register to create an account (“Account”) and become a Customer. When registering with Keennovation you agree to (a) provide true, accurate, current, and complete information about yourself (or, if applicable, the Corporate Customer you represent) as prompted by the Finorytech Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any current or future use of the Finorytech Service (or any portion thereof).

You may not authorize any third party (other than, if applicable, the employees, consultants, or agents of the Corporate Customer you represent) to access or use the Finorytech Service on your behalf. You are responsible for maintaining the user ID and password's confidentiality and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Keennovation of any unauthorized use of your user ID or password or any other breach of security. Keennovation cannot and will not be liable for any loss or damage arising from any unauthorized use of your account

By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, Keennovation will use this email address to send you notifications about product updates and improvements, company news, and events.

Fees and Payment

The customer will pay Keennovation the then applicable fees described in the Order Form for the Services following the terms therein (the “Fees”). As used herein, “Order Form” means an order form or other ordering document mutually executed by both parties. Unless otherwise expressly specified in an Order Form or herein, (i) the Fees will be invoiced in full at the end of each month (ii) the Fees are based on service usage, (iii) payment obligations are non-cancellable and non-refundable, and (iv) the Fees cannot be decreased during the relevant Order Form Term. Unless otherwise agreed on in the Order Form, invoices for undisputed Fees must be paid within 30 days of Customer’s receipt. If any undisputed invoices are still outstanding more than 15 days after Customer receives notice of non-payment, Keennovation will be entitled to pause Customer’s access to and use of the Services until all undisputed Fees have been paid.

Keennovation reserves the right to change the Fees or applicable charges and to institute new charges at the end of each Order Form Term or Renewal Term (as defined below), upon 60 days’ prior notice to Customer (which may be sent by email).

Unless otherwise stated in an Order Form, the Fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). The customer is responsible for paying all Taxes associated with the Services purchased hereunder. For the sake of clarity, Keennovation is solely responsible for taxes assessable against it based on its income, property, or employees.

Termination and Account Cancellation

If you breach any of these Terms of Service, Keennovation will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Keennovation reserves the right to revoke your access to and use of the Finorytech Service at any time, with or without cause. If Keennovation terminates these Terms of Service for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to kee@finory.tech.

Licence granted by Finorytech

Subject to your compliance with these Terms of Service, Keennovation grants you a limited non-exclusive, non-transferable licence to access and use the Finorytech Service solely for your internal business use.

CONFIDENTIALITY and PROPRIETARY RIGHTS

Finorytech Service. Keennovation shall own and retain all rights, titles, and interests in and to the Finorytech Service (except for any licensed content and software components included therein). Customer agrees not to reverse engineer, decompile, distribute, licence, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Finorytech Service or otherwise use the Finorytech Service in any way that violates the use restrictions contained in these Terms of Service. Keennovation does not grant to Customer any licence, express or implied, to the intellectual property of Keennovation or its licensors. Customer further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation, and payment terms and pricing (if applicable) of the Finorytech Service is considered the confidential and proprietary information of Keennovation (collectively “Keennovation Confidential Information”).

Customer Data. Customer shall retain all rights, titles, and interest in and to: (a) all graphics, images, files, data, and other information transmitted by Customer to Keennovation in connection with its use of the Finorytech Service and (b) reports and other materials generated by the Finorytech Service following such transmission (collectively, “Customer Data”).

Keennovation shall have the right to collect and analyse: (i) Customer Data and data derived therefrom, along with any data provided by Customer to Keennovation regarding decisions made by Customer as a result of its use of the Services (all of the foregoing being collectively referred to as “Training Data”), and (ii) data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (“Analytics Data”).

Keennovation will be free (during and after the Term) to (a) use such Training Data and Analytics Data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other offerings (including for training models), and (b) disclose Analytics Data (but not Training Data) solely in aggregate or other de-identified form for analytic and diagnostic purposes.

Keennovation Logos and Designs. Finorytech’s graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of Finorytech in Malaysia and/or other countries. Finorytech’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Finorytech’s prior written permission.

Customer Art. Customer shall retain all rights, titles, and interests in and to all of Customer’s logos, promotional graphics, and related marketing designs (collectively, the “Customer Art”), provided, however, that Customer hereby grants to Keennovation a worldwide, royalty-free, non-exclusive license to use the Customer Art, as well as Customer’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Finorytech’s products and services to third parties, subject to Customer’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Finorytech Service (“Feedback”). Keennovation shall have a royalty-free, worldwide, irrevocable, perpetual licence to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer (including its Users) relating to the operation of the Services (“Feedback”).

General Prohibitions

You agree not to do any of the following:

  • Upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or (vi) promotes illegal or harmful activities.

  • Use, display, mirror or frame the Finorytech Service, or any individual element within the Finorytech Service, Finorytech’s name, any Keennovation and Finorytech trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Finorytech’s express written consent;

  • Access, tamper with, or use non-public areas of the Finorytech Service, Finorytech’s computer systems, or the technical delivery systems of Finorytech’s providers;

  • Attempt to probe, scan, or test the vulnerability of any Keennovation system or network or breach any security or authentication measures;

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other user of the Finorytech Service or staff member of Finorytech;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Keennovation or any of Finorytech’s providers or any other third party (including another user) to protect the Finorytech Service or Site Content;

  • Attempt to access or search the Finorytech Service or Site Content or download Site Content from the Finorytech Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Keennovation or other generally available third party web browsers;

  • Use or disclose any Keennovation Confidential Information, except as otherwise explicitly set forth herein.

  • Use any meta tags or other hidden text or metadata utilizing a Keennovation trademark, logo URL, or product name without Finorytech’s express written consent;

  • Use the Finorytech Service or Site Content in any manner not permitted by these Terms of Service;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Finorytech Service or Site Content to send altered, deceptive, or false source-identifying information;

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Finorytech Service or Site Content;

  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Finorytech Service;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Except where required by applicable law or regulation, use the Finorytech Service or Site Content in a manner that contributes to the discrimination or denial of services to an end user of your product or service on the basis of nationality or national origin;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual or entity to do any of the foregoing.

  • Keennovation will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Keennovation may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Keennovation has no obligation to monitor your access to or use of the Finorytech Service, or to review or edit any Customer Content, but has the right to do so for the purpose of operating the Finorytech Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Disclaimers

THE Finorytech Service AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Keennovation EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Keennovation MAKES NO WARRANTY THAT THE Finorytech Service OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Keennovation MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, Finorytech Service OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE Finorytech Service OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE Finorytech Service.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Keennovation OR THROUGH THE Finorytech Service, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Finorytech Service. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Finorytech Service.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE Finorytech Service AND SITE CONTENT REMAINS WITH YOU. NEITHER Keennovation NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Finorytech Service OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, Finorytech Service INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR Finorytech Service, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF Finorytech Service OR FROM THE USE OF OR INABILITY TO USE THE Finorytech ServiceS OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE Finorytech Service OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Finorytech Service, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Keennovation HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL FINORYTECH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF Finorytech Service OR FROM THE USE OF OR INABILITY TO USE THE Finorytech Service OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Keennovation FOR USE OF THE Finorytech Service OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Keennovation AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Entire Agreement


These Terms of Service constitute the entire and exclusive understanding and agreement between Keennovation and you regarding the Finorytech Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings between Keennovation and you regarding the Finorytech Service.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Finorytech’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Keennovation may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices


Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Keennovation (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Keennovation to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Finorytech. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting Finorytech

If you have any questions about these Terms of Service, please contact Keennovation at kee@finory.tech


Last Updated: 31 Jan 2024

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