Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Finfy LLC, a Delaware limited liability company (“Finfy,” “we,” “us,” or “our”), governing your access to and use of the Finfy platform, website at finfy.ai, and all related services (collectively, the “Services”).

By creating an account or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Finfy is a software platform that enables approved businesses and service providers to:

• Create and send invoices with Stripe-powered payment options to their clients
• Receive payments from clients globally via credit card or bank transfer
• Manage payment workflows including optional Payment Pause protection
• Receive payouts to their bank accounts through Stripe Connect

Finfy is not a bank, money transmitter, money services business, financial institution, or payment processor. Payment processing services are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By using the Services, you agree to be bound by the Stripe Services Agreement as it may be modified by Stripe from time to time.

3.1 Eligibility

To use the Services, you must:

• Be at least 18 years of age
• Be a registered business or self-employed professional providing professional services
• Have the legal capacity and authority to enter into these Terms
• Not be prohibited from using the Services under any applicable law or regulation
• Not be located in, or a resident of, a country subject to comprehensive sanctions by the United States, European Union, or United Nations

3.2 Business Application

Access to payment features requires completion of a business application and approval by Finfy. You agree to provide accurate, complete, and current information in your application. You must promptly update any information that changes. Finfy reserves the right to approve or reject any application at its sole discretion, and to revoke approval at any time if we determine that the information provided was inaccurate or that the use of the Services violates these Terms.

3.3 Stripe Onboarding

After approval, you must complete Stripe’s identity verification and onboarding process to receive payouts. This process is managed by Stripe and subject to Stripe’s requirements and policies. Finfy is not responsible for Stripe’s verification decisions.

The Services are designed exclusively for invoicing and receiving payment for professional services. Permitted uses include, but are not limited to: software development, design, consulting, marketing, accounting, legal services, project management, and other professional service engagements.

You agree NOT to use the Services for:

• Sale of physical goods, digital products, or merchandise
• Peer-to-peer money transfers or personal remittances
• Gambling, gaming, or lottery services
• Adult content or services
• Illegal activities or activities that violate any applicable law or regulation
• Regulated financial services (investment advice, lending, insurance, cryptocurrency trading)
• Multi-level marketing or pyramid schemes
• Activities that violate Stripe’s Restricted Businesses list
• Any activity designed to defraud or mislead payers
• Transactions where the service provider and payer are the same person or entity

All payments processed through the Services must be associated with identifiable professional service engagements between a service provider and their client.

5.1 Platform Fees

Finfy charges fees for the use of the Services as displayed on our pricing page and during invoice creation. Fees may include:

• A percentage-based platform fee charged to the payer, varying by payment method
• A minimum platform fee per transaction
• A payout fee charged to the service provider for each payout
• Additional fees for optional features such as Payment Pause or instant payouts

5.2 Fee Transparency

All applicable fees are disclosed before a transaction is completed. The payer sees the total amount they will be charged (including platform fees) before payment. The service provider sees the net amount they will receive (after payout fees) when creating an invoice.

5.3 Fee Changes

Finfy reserves the right to change its fees at any time. Changes to fees will be communicated via the platform and will apply to transactions initiated after the change takes effect. Existing invoices are not affected by fee changes.

5.4 Stripe Fees

Payment processing fees charged by Stripe are included in Finfy’s platform fees and are not charged separately to Users.

6.1 Feature Description

Payment Pause is an optional payment workflow feature that places an authorization hold on the payer’s payment method. The payment is authorized but not immediately captured, providing a review window during which the client can review the service delivery.

6.2 Review Window

The review window is five (5) calendar days from the date of payment authorization. During this window, the payer may approve the release of funds. If the payer does not take action within the review window, the payment is automatically captured and released to the service provider.

6.3 Not Escrow

Payment Pause is NOT an escrow service, trust account, or custodial arrangement. Funds are held by the payer’s payment provider (card issuer or bank) as an authorization hold, not by Finfy. Finfy does not hold, pool, or manage funds on behalf of any party.

Payouts to service providers are facilitated through Stripe Connect. Payout timing, methods, and availability are subject to Stripe’s payout schedule and policies. Finfy does not guarantee payout timing and is not responsible for delays caused by Stripe, banking networks, or regulatory holds.

Service providers are responsible for providing accurate bank account information to Stripe. Finfy is not liable for payouts sent to incorrect accounts due to information provided by the service provider.

8.1 Refunds

Refunds are handled between the service provider and their client. Service providers are responsible for their own refund policies. Finfy may facilitate refunds through Stripe at the service provider’s request.

8.2 Chargebacks and Disputes

If a payer initiates a chargeback or payment dispute, the service provider is responsible for responding to and resolving the dispute through Stripe’s dispute process. Finfy may provide transaction records to assist with dispute resolution but is not a party to the dispute.

Service providers are responsible for any chargeback fees, dispute losses, or negative balance amounts resulting from disputes.

The Services, including all software, designs, text, graphics, logos, and trademarks, are owned by Finfy LLC and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our written consent.

You retain ownership of all content you upload to the Services (including your brand assets, business information, and invoice details). By uploading content, you grant Finfy a limited, non-exclusive license to use, display, and process that content solely for the purpose of providing the Services.

You are responsible for maintaining the security of your account credentials. You must immediately notify Finfy of any unauthorized access to your account. Finfy is not liable for losses resulting from unauthorized access caused by your failure to protect your credentials.

You may not share your account credentials or allow any other person to access your account. Each account is for a single business entity.

11.1 By Finfy

Finfy may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe that:

• You have violated these Terms or any applicable law
• Your use of the Services poses a risk to Finfy, other users, or third parties
• Your business application contained inaccurate information
• You are using the Services for prohibited activities
• Required by law, regulation, or Stripe

11.2 By You

You may close your account at any time by contacting us. Account closure does not cancel pending transactions or release Finfy from obligations related to completed transactions. Any outstanding payouts will be processed according to Stripe’s schedule.

11.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) will survive.

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

FINFY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINFY IS NOT RESPONSIBLE FOR THE QUALITY, TIMING, OR COMPLETION OF ANY SERVICES EXCHANGED BETWEEN SERVICE PROVIDERS AND THEIR CLIENTS. FINFY IS A SOFTWARE PLATFORM AND IS NOT A PARTY TO THE UNDERLYING SERVICE AGREEMENTS BETWEEN USERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINFY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES
• ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ACTIONS OR INACTIONS OF STRIPE OR ANY PAYMENT PROCESSOR
• ANY OTHER MATTER RELATING TO THE SERVICES

IN NO EVENT SHALL FINFY’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO FINFY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

You agree to indemnify, defend, and hold harmless Finfy and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any dispute between you and your clients or payers
• Any content you upload or transmit through the Services

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York. The arbitrator’s decision shall be final and binding.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be void.

15.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property rights or unauthorized access to the Services.

You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction, including but not limited to:

• Tax laws and reporting obligations
• Business licensing and registration requirements
• Data protection and privacy laws
• Anti-money laundering and sanctions regulations
• Consumer protection laws

Finfy is not responsible for providing tax, legal, or compliance advice. Users should consult qualified professionals for guidance on regulatory obligations.

Finfy reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the “Last updated” date. Your continued use of the Services after the effective date of any changes constitutes acceptance of the modified Terms.

If you do not agree with the modified Terms, you must stop using the Services and close your account.

• Entire Agreement: These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Finfy regarding the Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force.
• Waiver: Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our written consent. Finfy may assign its rights and obligations without restriction.
• Force Majeure: Finfy shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or third-party service disruptions.
• Notices: We may send notices to the email address associated with your account. Notices to Finfy should be sent to Niev@finfy.ai.

For questions about these Terms, please contact us:

• Email: Niev@finfy.ai
• Phone: +27 78 705 1175
• Entity: Finfy LLC, New York, NY, United States