By checking the box below, you agree to these Terms of Service ("Agreement") with FINNY AI, Inc. ("FINNY") and confirm that you are authorized to enter into this Agreement on behalf of the organization listed during registration ("Customer").
1. Use of Services; Fees
During the term of this Agreement, FINNY grants Customer a non-exclusive, non-transferable, personal license to use FINNY’s AI prospecting tool ("Services"), as outlined in Exhibit A. Customer agrees to use the Services solely for evaluation purposes. Unauthorized actions, including reverse engineering or sharing the Services with third parties, are strictly prohibited. In return, Customer agrees to pay the applicable fees as specified in Exhibit A.
2. Confidentiality; Intellectual Property; Data
Confidentiality: Each party acknowledges that it may receive proprietary or confidential information ("Proprietary Information") from the other. Customer agrees to keep all proprietary aspects of the Services confidential and use them only as permitted. Both parties are responsible for protecting the other’s Proprietary Information.
(b) Intellectual Property: FINNY retains all ownership rights to the Services and related intellectual property. Customer Data remains Customer's property, while FINNY is granted a license to use this data to provide and improve the Services.
(c) Feedback: Customer grants FINNY a license to use any feedback or suggestions provided for the improvement of FINNY’s products and services.
3. Access to Third-Party Solutions
Customer agrees to allow FINNY access to necessary third-party solutions and accounts during the Pilot Term, as required to deliver the Services.
4. Warranty Disclaimer
The Services are provided "AS IS." FINNY disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5. Limitation of Remedies and Damages
FINNY's liability is limited to the fees paid by Customer over the preceding 12 months. FINNY will not be liable for any indirect, incidental, or consequential damages.
6. Nonassignability
Customer may not assign its rights or obligations under this Agreement without FINNY's prior written consent.
7. Governing Law and Severability
This Agreement is governed by New York State law. If any provision is found to be unenforceable, it will be modified to the minimum extent necessary, and the rest of the Agreement will remain in effect.
8. Entire Agreement
This Agreement represents the entire understanding between the parties, replacing all prior agreements. Modifications must be in writing and signed by both parties.
9. Equitable Relief
Due to the unique nature of FINNY’s Proprietary Information, Customer agrees that FINNY may seek injunctive relief for any breach of confidentiality.
10. Termination
Either party may terminate this Agreement with 10 days' written notice. Upon termination, Customer must cease using the Services and return any Proprietary Information.
11. Reference Account
Customer agrees to serve as a reference for FINNY and not to make disparaging remarks about FINNY or the Services to third parties.
12. Advisor’s Obligations
While this Agreement remains in effect:
Advisor shall perform its obligations under this Agreement diligently, in good faith, and in compliance with all Applicable Requirements.
Advisor will provide Referred Client with copies of Part 2 of Advisor’s Form ADV and Advisor’s Privacy Policy upon introduction of Referred Client to Advisor by Solicitor.
Advisor is solely and exclusively responsible for the supervision of the activities of its own officers, directors, partners, members, representatives, employees, and other agents.
Exhibit A: Services and Fees
Services:
FINNY’s AI prospecting tool for financial advisors.
Fees:
Essential Version: $500 per advisor per month.
Outreach Pro Version: $1000 per advisor per month.
Customer may upgrade or downgrade service tiers with 30 days' notice. Fees are due within five business days of the Effective Date.
Opt-Out Clause: Customer may opt out within the first two months. After this period, Customer is committed to a non-cancelable 10-month contract.
Success Fee: Upon conversion of a Prospect found on FINNY, Customer will pay FINNY a one-time fee of 25% of the first-year revenue based on the Prospect's AUM.
By checking the box, Customer agrees to the above Terms of Service.
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