Terms & Conditions
1. Acceptance of Terms
2. Modification of Terms
Finema reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. By accessing the Content or Services, you represent and warrant that you are of the legal age of majority in your jurisdiction or of the age required to access such Services and Content. You further represent that you are otherwise legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Content in any way. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that Finema is not liable for your compliance with such laws.
4. Account Password, Security, and Decentralized Identity (DID)
When setting up an account within Finema, you will be responsible for keeping your own account secrets private. These secrets may include your designated recovery network, a twelve-word seed phrase, or other security features. You acknowledge your understanding that any person with knowledge of your seed phrase may generate your private keys. You further acknowledge that Finema does not own your private keys or the seed phrase. Finema has no ability to recover your private keys or your seed phrase should they become lost.
Your private key, corresponding to your public identity address is stored in the keychain controlled by the “secure enclave” of your device. By using the Finema app, you shall institute proper and sufficient password or biometric protection within your device. You shall regularly update the operating system of your device with any software or security updates. Notwithstanding the foregoing, you acknowledge that the Finema app, which exists outside of the “secure enclave,” when initiated by the User, uses the private key information stored in the keychain for relevant signing activities. Your private key remains within the Finema app and Finema does not send the private key to servers. You agree to (a) keep your secret information confidential and to not share it with anyone else; (b) not share your seed phrase with anyone and to store it in a secure manner; and (c) immediately notify Finema of any unauthorized use of your account or breach of security. Finema cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By using the Finema app, you acknowledge, accept and consent to the creation of a decentralized identity (DID) for you. DID is essentially a public address, a string that serves asan “on-chain identifier.” Because Finema is an identity platform on the blockchain, DIDs are linked to the blockchain as transactions. As a user of Finema, you acknowledge that because transactions on the blockchain are immutable, the record of your DID’s on-chain transactions are also immutable and cannot be deleted from the blockchain. Your DID, as it is designed in the Finema mobile application, is not tied to your natural name or personal information, and Finema does not collect data that would enable the two to be linked or associated together.
5. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Finema NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF Finema HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Licenses and Access
Subject to your compliance with these Terms and your payment of any applicable fees, Finema grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service or any derivative use of the Service. All rights not expressly granted to you in these Terms are reserved and retained by Finema or its licensors. The Finema Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Finema. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Finema without express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Finema terminate if you do not comply with these Terms.
7. Termination and Suspension
Finema may, in its sole discretion, terminate or suspend all or part of the Service and your Finema access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Service will immediately cease.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
8. General Information
8.1. Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that Finema may post on the Service) constitute the entire agreement between you and Finema with respect to the Service and supersedes any prior agreements, oral or written, between you and Finema. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
8.2. Waiver and Severability of Terms
The failure of Finema to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
8.3. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8.4. Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us at firstname.lastname@example.org.