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Terms & Conditions

1. ACCEPTANCE OF TERMS

By accessing or using FinGenie's website, software, services, or any related products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and FinGenie (Pty) Ltd ("FinGenie," "we," "us," or "our"), a company registered in South Africa.

2. DESCRIPTION OF SERVICES

FinGenie provides financial management software, frameworks, consulting services, and related tools designed to help South African SMEs improve cash flow management, credit control, and business health assessment.

Our Services include:

  • Flow: Cash flow forecasting and financial KPI tracking software

  • Collect: Credit management system and frameworks

  • GenieScore: Business health assessment and scoring

  • FinGenie Complete: Integrated package including all components plus monthly consulting

  • Consulting Services: Professional advisory and implementation support

3. SUBSCRIPTION AND PAYMENT TERMS

3.1 Pricing

Current pricing for all Services is displayed on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

3.2 Payment Terms

Flow (Standalone):

  • Annual license: R3,600 per year, paid upfront

  • License grants access to one business only

  • Automatically renews annually unless cancelled with 30 days' notice

FinGenie Complete:

  • Annual license fee: R3,000 per year, paid upfront

  • Monthly subscription: R2,000 per month

  • 12-month minimum commitment required

  • After initial 12 months, monthly subscription continues on month-to-month basis

3.3 Payment Method

Payment must be made via bank transfer, credit card, or other approved payment methods. All fees are in South African Rand (ZAR) and exclude VAT, which will be added where applicable.

3.4 Late Payment

Failure to pay fees when due may result in suspension of access to Services until payment is received.

3.5 Add-On Services

  • Credit reports: Charged at cost + 10% handling fee

  • Additional consulting beyond included hours: Quoted and invoiced separately

4. TERM AND TERMINATION

4.1 Term

  • Flow: 12-month term, automatically renewing

  • Complete: 12-month minimum commitment, then month-to-month

4.2 Cancellation by Client

Flow:

  • You may cancel with 30 days' written notice before renewal date

  • No refunds for unused portion of annual license

Complete:

  • 12-month commitment is binding

  • After initial 12 months, you may cancel monthly subscription with 30 days' written notice

  • Annual license fee is non-refundable

4.3 Termination by FinGenie

We may terminate or suspend your access immediately, without prior notice, if:

  • You breach these Terms

  • You fail to pay fees when due

  • You engage in fraudulent or illegal activities

  • Your use of Services negatively impacts our systems or other users

4.4 Effect of Termination

Upon termination:

  • Your access to Services will be discontinued

  • You will lose access to all data stored in our systems

  • You remain liable for all fees incurred prior to termination

  • Provisions relating to intellectual property, confidentiality, and limitation of liability survive termination

5. USE OF SERVICES

5.1 License Grant

Subject to these Terms and payment of applicable fees, FinGenie grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes only.

5.2 Restrictions

You agree NOT to:

  • Share login credentials with unauthorized users

  • Use Services for businesses other than the licensed entity

  • Reverse engineer, decompile, or attempt to extract source code

  • Copy, modify, distribute, or create derivative works of our software

  • Remove or obscure any proprietary notices

  • Use Services for any illegal purpose

  • Attempt to gain unauthorized access to our systems

  • Resell or sublicense the Services without written permission

5.3 Account Security

You are responsible for:

  • Maintaining confidentiality of login credentials

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized use

6. DATA AND CONFIDENTIALITY

6.1 Your Data

You retain all rights to the business data you input into our Services ("Client Data"). By using our Services, you grant us a limited license to use, store, and process Client Data solely for the purpose of providing Services to you.

6.2 Data Security

We implement reasonable security measures to protect Client Data. However, no system is completely secure, and we cannot guarantee absolute security.

6.3 Data Backup

You are responsible for maintaining independent backups of your Client Data. We are not liable for data loss.

6.4 Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of Services, except as required by law.

7. INTELLECTUAL PROPERTY

7.1 FinGenie IP

All intellectual property rights in the Services, including software, frameworks, methodologies, reports, and documentation, remain the exclusive property of FinGenie. These Terms do not transfer any ownership rights to you.

7.2 Feedback

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to you.

8. CONSULTING SERVICES

8.1 Scope

Monthly consulting included in Complete package is subject to availability and scheduling. We will make reasonable efforts to accommodate your preferred times.

8.2 Professional Advice Limitation

Consulting services provide business advisory guidance. They do not constitute:

  • Legal advice

  • Tax advice

  • Accounting services (in the statutory compliance sense)

  • Investment advice

  • Guarantees of specific outcomes

You should consult appropriate licensed professionals for legal, tax, or regulatory matters.

9. DISCLAIMERS AND WARRANTIES

9.1 Service Availability

We strive for high availability but do not guarantee uninterrupted or error-free access. Services may be temporarily unavailable due to maintenance, updates, or technical issues.

9.2 "AS IS" Provision

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.3 No Guarantee of Results

While we provide tools and guidance designed to improve financial management, we do not guarantee:

  • Specific financial outcomes

  • Loan or funding approval

  • Elimination of cash flow problems

  • Achievement of particular GenieScore levels

Your results depend on many factors, including your implementation, discipline, and business circumstances.

9.4 Third-Party Services

We may integrate with or reference third-party services (e.g., credit bureaus). We are not responsible for the accuracy, availability, or terms of third-party services.

10. LIMITATION OF LIABILITY

10.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, or business opportunities

  • Business interruption

  • Cost of substitute services

Even if we have been advised of the possibility of such damages.

10.3 South African Law

Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under South African law, including liability for gross negligence or fraud.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FinGenie, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Services

  • Your breach of these Terms

  • Your violation of any law or third-party rights

  • Your Client Data

12. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email to registered users at least 30 days before taking effect.

Continued use of Services after changes constitute acceptance of modified Terms. If you do not agree to changes, you must discontinue use and cancel your subscription.

13. MODIFICATIONS TO SERVICES

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of the Services

  • Add, remove, or change features

  • Update software and systems

We will provide reasonable notice of material changes that negatively impact functionality.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

14.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of South Africa for resolution of any disputes.

14.3 Dispute Resolution Process

Before initiating legal proceedings, both parties agree to:

  1. Provide written notice of the dispute

  2. Attempt good faith negotiation for 30 days

  3. Consider mediation if negotiation fails

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FinGenie regarding the Services.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor or affiliate.

15.5 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including acts of God, war, terrorism, pandemic, government action, or infrastructure failures.

15.6 Notices

All notices must be in writing and sent to:

FinGenie (Pty) Ltd [Insert Physical Address] [Insert Email Address]

Notices to you will be sent to the email address associated with your account.

16. CONTACT INFORMATION

For questions about these Terms, contact us at:

Email: [Insert Email] Phone: [Insert Phone] Address: [Insert Address]

17. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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