TERMS OF USE

Last Update: March 28, 2024

ACCEPTANCE

These Terms of Use (the "Terms") govern your visits to Fincushion (the "App" or "Platform"). Barr Coders LLC ("we," "us," or "our") owns and operates this Platform. The term "you" refers to any user of the Platform.

These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don't notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.

VENUE

The Fincushion Web App, developed by Barr Coders LLC, is a financial management tool that helps users track their cash flow and plan for the future. By connecting their checking and savings accounts through Plaid, users can view their transactions, calculate their cash flow, and receive weekly emails with financial projections. We are not a financial advisory service and do not provide personalized financial advice. The App is designed to assist you in organizing and understanding your financial data, but any decisions you make based on this information are at your own risk.

Key Features:

Secure account aggregation using Plaid
Automatic transaction categorization and cash flow calculation
Weekly email reports with financial projections
Subscription-based service with monthly and annual payment options via Stripe

By using the App, you acknowledge and agree that Barr Coders LLC is not responsible for the acts, omissions, or policies of the third-party services integrated with the App. Use of the App is at your own risk, and Barr Coders LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use or inability to use the App.

Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform's interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
Third Parties. The Platform contains references to third party websites and rely on third party services for support. We shall not be liable for any third party venues, professionals and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.
No Professional Advice Whatsoever. Nothing on our Platform constitutes legal, career or any other type of professional advice on our part. Your use of the Platform does not form an attorney-client, employer-employee or any other professional relationship between you and us. If you engage anybody listed on our Platform, we are not a party to your interactions and transactions.

INTELLECTUAL PROPERTY

Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform's content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except as expressly permitted in this Agreement, you may not:
copy, modify or create derivative works based on the Platform or its content;
distribute, transfer, sublicense, lease, lend or rent the Platform or content to any third party;
reverse engineer, decompile or disassemble the Platform or content; or
make the functionality of the Platform available to multiple users through any means.
By using the App, you grant Barr Coders LLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user financial data in all formats and distribution channels now known or hereafter devised (including in connection with the App and Barr Coders LLC's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
If you provide feedback, suggestions, or other input about the App, you grant Barr Coders LLC the right to use such feedback for any purpose without compensation to you
Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to brendan@fincushion.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
Identify the copyrighted work that you claim has been infringed.
Identify the material or link you claim is infringing.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of your report:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"
"I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.

REGISTRATION

You must register with your email address. We use magic link authentication for user registration and login. By registering, you agree to provide accurate and complete information and to keep your account information up to date.

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

SUBSCRIPTION AND PAYMENT

The App offers monthly and annual subscription options. Payment is processed through Stripe, a third-party payment processor. We do not store your payment information. By subscribing, you agree to pay the applicable fees and any taxes. We currently do not offer refunds.

ACCEPTABLE USE POLICY

By visiting this Platform, you represent and agree that:

You have a full capacity to enter into a legally binding agreement, such as these Terms.
You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
You will ask for our permission before copying anything from our Platform for republication.
You will not use our Platform for anything illegal.
We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
You will not impede the proper functioning of the Platform.

CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

Data Security: We take the security of your financial data seriously and employ industry-standard measures to protect your information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
Data Retention: We retain your financial data for as long as necessary to provide the services of the App, comply with legal obligations, resolve disputes, and enforce our agreements. If you wish to delete your account and associated financial data, please contact us at brendan@fincushion.com
Data Sharing: We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as described in our Privacy Policy. We may share aggregated, anonymized data with third parties for research, analytics, or marketing purposes.
BREACH OF THESE TERMS
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN "AS IS" BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
Accuracy of Financial Data: While we strive to provide accurate and up-to-date financial data, we cannot guarantee the accuracy, completeness, or timeliness of the information displayed in the App. Financial data may be subject to delays, errors, or omissions due to various factors, including issues with third-party services like Plaid or delays in transaction processing by financial institutions.

THIRD-PARTY DISCLAIMER

Third-Party Services: The App integrates with and relies on various third-party services, including:

Plaid for account aggregation,
Stripe for payment processing,
Digital Ocean for hosting,
Cloudflare for content delivery,
Umami for analytics.

By using the App, you acknowledge and agree that Barr Coders LLC is not responsible for the acts, omissions, or policies of these third-party services, and you agree to be bound by their respective terms of service. b. Third-Party Links: The App may contain links to third-party websites or services that are not owned or controlled by Barr Coders LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Barr Coders LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

GENERAL

Governing Law. These Terms shall be governed by and construed in accordance with the laws of State of Washington, and where applicable, the federal laws of the United States. You agree that if you have any dispute you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations, you agree and hereby submit to the exclusive jurisdiction of the courts residing in.
Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form. By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute "unsolicited commercial e-mail advertisements," and you are not able to opt-out of receiving them. You may opt-in or subscribe to receive e-mails about content, promotions, special offers and or other topics of interest related to the Platform and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

CONTACT US

Please address your questions and feedback to: brendan@fincushion.com