Terms and Conditions ("Terms")
Last updated: August 03, 2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before installing and using the PhysiKey mobile application (the "Software") operated by FinTech Solutions, Inc. ("us", "we", or "our"). This License Agreement is a legal agreement between you and FinTech Solutions, Inc., and governs your use of the Software.
Your access to and use of the Software is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Software.
By accessing or using the Software you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Software.
Terms and conditions of the iTunes App store also apply.
Upon purchase from the iTunes App Store, a non-transferrable license is granted to install the software on a single mobile device for your or your organizations individual use.
You acknowledge that this software has not been designed to meet your individual or organization’s requirements and it is therefore your responsibility to ensure that this software meets your specific needs.
The Software and its original content, features and functionality are and will remain the exclusive property of FinTech Solutions, Inc. and its licensors. The Software is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Software without the prior written consent of FinTech Solutions, Inc..
Links To Other Web Sites
Our Software may contain links to third party web sites or services that are not owned or controlled by FinTech Solutions, Inc..
FinTech Solutions, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that FinTech Solutions, Inc. 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless FinTech Solutions, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Software, or b) a breach of these Terms. You agree that FinTech’s maximum aggregate liability in connection with this software, in contract, or tort or otherwise, is limited to the sum equal to any license fees paid to FinTech Solutions, Inc.
Limitation Of Liability
In no event shall FinTech Solutions, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Software; (ii) any conduct or content of any third party on the Software; (iii) any content obtained from the Software; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Software is at your sole risk. The Software is provided on an "AS IS" and "AS AVAILABLE" basis. The Software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FinTech Solutions, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Software will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Software is free of viruses or other harmful components; or d) the results of using the Software will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Software, and supersede and replace any prior agreements we might have had between us regarding the Software.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.
If you have any questions about these Terms, please contact us.
What information does the Application obtain and how is it used?
User Provided Information
The Application obtains the information you provide when you download the Application from the iTunes Store. Registration with us is optional.
When you use the Application, you generally provide
(a) your name, email address;
(b) information you provide us when you contact us for help;
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Does the Application collect precise real time location information of the device?
This Application does not collect any information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the Application?
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
- if Fintech Solutions, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at email@example.com.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to Retention period and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at firstname.lastname@example.org.