Terms Of Service
Welcome to Fintech Ecosystem Ltd. Please read our Terms Of Service carefully so you can familiarise yourself with the rules and restrictions that cover and govern your use of our website (www.fintechdb.io, www.clarafinds.com) and any other associated websites, web apps, products, services, and applications (the “Service”, “Platform”). If you have any questions, comments, queries, or concerns regarding our Terms please email firstname.lastname@example.org
These Terms Of Service (the “Terms”, “Agreement”) are a binding contractual relationship between you (“you”, “your”, “person”, “user” “organisation” or “parties”, will mainly be referred to as “you” or “your”) and Fintech Ecosystem Ltd (“us”, “we”, “our”, “Clara”, and the “Company”). By using this Service in any way you agree to accept all of the terms specified in this policy. They will remain in effect whilst you use our Service or use any Data from our Service. These Terms govern your access to the service and all use of data, maps,graphs or content, and other information on Clara's websites and applications.
“User” means any person or organisation that uses the platform.
“Maps” means any static or interactive visualisation generated by Clara.
“Data” means any information including names, descriptions,pdfs, videos, company information, financial information, private and public contact addresses and emails, logos and other forms of information describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted.
“Magic link” means an email with a link that provides access to the platform.
“Analytics” means software used to track.
"Software" means the software identified in Part 1 of Schedule 1 (Software Licence Particulars).
1. Introduction and general terms
1.1 Clara reserves the right to refuse any user access to the Platform or Service or terminate access to any user at any time.
1.2 If you enter this Agreement on behalf of a legal entity or other company, you represent to us that you have the authority granted by set company to be bound by these Terms Of Service, and in this case “you” or “your” will refer to that company.
1.3 You may not access this service if you are directly competing with Clara, unless you are given express consent by our management team.
1.4 Except if otherwise written, these Terms govern all contractual relations with all users and parties using this Service. Whenever any contract entered does not contain terms which explicitly supersede these Terms Of Service, our Terms Of Service will be used.
1.5 You agree to use the service only for the purposes that are permitted by these Terms Of Service, and in accordance with any applicable law or general accepted practices or guidelines of the relevant jurisdictions.
2. Will these Terms ever change?
2.1 We are constantly trying to improve our Service, so these Terms can and may need to change along with the Service. We reserve the right to change these Terms at any time, but if we change these Terms, we will bring it to your attention on Clara's website.
2.2 If you don’t agree with any new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.
2.3 Except for changes by us as described here, no other amendments or modifications of these Terms will be effective unless in writing and signed by you and Clara.
3.3 The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 16 years old. We do not knowingly collect personal information of people under 16 years old. Please do not submit any personal information or attempt to register for this Service if you're under 16 years old. If you wish to register a company and are under 16 years old, please have the member of your team that registered the company do this. If we find out that we have information of somebody under the age of 16 years, we will delete this information on them as soon as we can. If you believe someone under the age of 16 has provided personal information please contact us at email@example.com.
4. Service agreement
4.1 When you use our Service, you will be required to sign up for an account and provide an email, which will use a magic link to grant access. You promise to provide us only information you know to be true, accurate, complete and lawfully obtained. You may not sell or transfer your account to another person, party or user. You have the responsibility to inform the Company of any unauthorised use of your account. You also promise not to impersonate someone by using their name on the Platform. You are responsible for any action undertaken by your account including, but not limited to: Data manipulation, hate speech, impersonation, insider trading and any other illegal activity. You will only use this Service in a way that complies with all local and applicable laws, we are not responsible in any way for your use of this Service that breaks any laws. At any time we can delete Content we believe to be untrue, misleading, illegal or otherwise not useful. You also represent that you are of legal age to use this Service and to create a binding contract.
4.2 If the Platform is down, we will offer as many days as the Platform is down as free for the next billing cycle, which can stack.
5.1 You represent, warrant, guarantee, agree, and comply that you will not (i) submit information to our Platform/Service or any other affiliated product of Clara, or (ii) use any product/service of ours in a way that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else;
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, hateful, misogynistic, homophobic or otherwise objectionable;
(d) Puts your Clara account in any kind of threat of hacking or illegal use;
(e) Attempts to use any other user’s account, or password or any other security information;
(d) Attempts to, or violates the security of our or any other computer network or cracks any passwords or security codes;
(g) Runs any form of auto-responder or “spam” on the Service, including automated messaging through our portal, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, Data, or portion of or relating to the Service or Content that is protected by copyright or you do not have explicit approval to use (through use of manual or automated means), in other words any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content;
(i) Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service;
(k) Reproduces or circumvents the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform;
(l) Allows any unauthorised third parties or persons from accessing or using the Data in a way that would constitute a breach of these Terms;
(m) Uploads or distributes files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or Service;
(n) Utilises the Data for any purpose or project other than the permitted use as set forth in these Terms;
(o) Commercially exploit the Platform, in any manner, that shall constitute a business loss to us or generate any third-party revenue.
5.2 A violation of any of the preceding terms (a) - (o) are grounds for account suspension or termination of your licence to use or access the Service. The following is a highlighted as a significant passage with punitive measures that can be triggered if this section is ignored:
5.3 No user can make use of the Map functionality to create a public (public in this case means accessible to anyone outside the user’s organisation) fintech Map or any kind of Map that can be used for marketing, without the prior consent and approval of Clara. Any user who has used our technology to create public Maps without approval will be subject to pay damages to any of Clara's customers who have paid for public rights and damages to Clara beginning at GBP (£) 10,000 per breach.
6. Intellectual property and copyright
6.1 Clara shall at all times retain full ownership and all rights in respect of all intellectual property it owns and which relates to the website.
6.2 Any materials that are shown or displayed or visible or available through our Service, including, but not limited to, text, graphics, Data, articles, information, photos, images, illustrations, user submissions (all of the foregoing, the “Content”) are protected by copyright and intellectual property laws. You confirm you will comply with all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way. You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, licence, sell, or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including Clara’s) rights.
6.3 You understand that Clara owns and runs the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, resale, sublicence, re-distribute, or otherwise exploit any aspect of the Service. If you would like to use Content in any manner other than as expressly permitted by these Terms please email firstname.lastname@example.org so we can set out a bespoke Terms Of Service document.
6.4 We respect all others’ intellectual property rights and will comply with any lawful request to remove lawfully protected Content from our servers. We reserve the right to remove or disable any Content that we deem to be infringing others’ intellectual property and terminate any accounts guilty of this.
6.5 This Agreement grants no implied licence, right or interest in or to any copyright, patent, trade secret, trademark, URL, domain, invention or other intellectual property right of Clara.
6.6 All present and future rights in and to any trade secrets, copyright, trademark or any other proprietary material contained in the Platform shall continue to remain the sole property of Clara, even after the discontinuation.
7. Data Use
7.1 Any data you upload, share or store through our Service, will be shared publicly if submitted to a public Map. A Map can be made public at the discretion of the User(s) who own it. Users who own maps can also keep certain fields of data only visible to themselves or their admins. Users decide which data is private and which public at their sole discretion. They are responsible for the public or private status of their data.
7.2 For all data, you hereby grant Clara a royalty-free, perpetual, sublicenceable, and worldwide licence to translate, modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such user submissions, in each case to enable us to operate the Service, as described in more detail below.
7.3 All data provided by you with an intention to use the Service, or updates provided by companies or people you request, is your data and will only be used to provide you service. We will delete any of the data you provide upon request at any point and have it purged from our servers.
7.5 You agree you will comply with GDPR and allow your users to request to delete any personal information pertaining to themselves. You also guarantee any data you provide is done so with in compliance with GDPR.
7.6 Clara reserves the right to apply analytics on the platform to track how users engage with the platform.
7.7 Any user who provides an email address as means of login and authentication affirms they are legally allowed to use this email address and agrees to having their interactions on the platform logged for internal use to improve performance and functionality of the platform.
8. Non exclusive licence
8.1 Clara grants a non-exclusive, non-transferable, non-sub-licensable and/or limited licence to access the Service, solely for your use. You agree that you shall not claim any ownership in or rights to Clara including the Data or Content originated by Clara. Other than the Licence to access the Service, you shall not have any right, title or interest in Clara.
8.2 Dockerized App: If Clara provides on premise or dockerized app container services to a user it is only to be used internally for the entity listed on the contractual document. It is a breach of contractual and IP rights if re-sold in anyway, and nothing in this agreement gives right to re-sell any of Clara’s products and any resale of this voids the contract and comes with a penalty fee of GBP(£) 200,000 (two hundred thousand pounds) . Any dockerized app or on premise use may not be used outside the organisation’s internal internet (intranet) and or servers or shared with anyone who is not a contractor or employee of the organisation without express permission of Clara. Any unauthorised use of the tool publicly is met with a penalty fee of GBP(£) 400,000 four hundred thousand pounds).
9.1 For the purposes of these Terms Of Service, “Confidential Information” is defined as written business information, strategies, technical data, information, trade secrets and/or other proprietary information of Company relating to the product or process that is a part of the Company that is not disclosed to the public in the ordinary course of business and may or may not be marked as “Confidential Information”.
9.2 You agree to keep confidential all the information that you may have access to and/or possess by using our Platform or Services. Such confidential information shall, without limitation, include information relating to technical, contractual, product, and pricing matters, as well as other valuable information that should be reasonably understood as confidential.
9.3 Clara agrees to keep confidential all information defined as written business information, strategies, technical data, information, trade secrets and/or other proprietary information of the user.
9.4 You hereby agree to use the same degree of care that you use to protect your own confidential information and will not use the Confidential Information, except for its intended use, and will not disclose to third parties said Confidential Information except upon written permission of the Company or where otherwise required by law. Clara is and shall remain the owner of said Confidential Information and, upon termination of your subscription you will return any Confidential Information to Clara. Your obligations relating to Confidential Information shall not extend to information which: (a) is in or comes into the public domain from a source other than the Company; (b) was independently known or developed by you or already possessed by you at the time of disclosure; (c) came from a third party source not under obligation to Company to maintain confidentiality thereof; and/or (d) is required to be disclosed by operation of law.
10. Change of Service
10.1 Changes to the Service may happen over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll aim to give you notice when we make any major or material changes to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), to our sole discretion, and without notice.
11.1 We reserve the right to charge for all services. You agree to pay all fees which apply to your use of the Service. Clara reserves the right to change any fees and pricing applicable to the Service at any time upon notice to you (which may be sent by email or posted on Clara's website). Your continued use of the Service following such notification constitutes your acceptance of any new or increased fees.
11.2 Any one off contracts and payments can be ended by Clara after 12 months, in the event of company sale, if hosting fees of the firm go up, or business or economic conditions change, or it affects any recurring billing clients. This clause forms the basis for any implied contracts even in writing. This clause does not have any bearing on SaaS clients who pay monthly fees.
12. Disclaimer of warranties and liabilities
12.1 These Terms apply to your use of all the Service and any related products, on any platform or device.
12.2 You expressly understand and agree that your use of the Platform and Service is at your sole risk and that the services are provided “as is” and “as available” without warranty or any kind, express, implied, statutory or otherwise.
12.3 Clara's subsidiaries or affiliates do not represent or warrant to you that, (i) the Platform and your use of the services shall meet your requirements, (ii) your use of the Platform or services shall be free from error, timely, secure, or uninterrupted, or (iii) any errors or defects in the services or the Platform will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the Services shall create any warranty not expressly stated in the Terms Of Service. We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “as is” and without any warranty of any kind from Clara or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
12.4 Clara will not be liable for any loss that you may incur as a consequence of unauthorised use of your account or account information in connection with the Platform or any services, either with or without your knowledge. Clara shall not be responsible for the delay or inability to use the Platform or related functionalities, failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Clara shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Clara’s control. Clara accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
12.5 Any information or Content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.
12.7 Clara is only a facilitator amongst its clients/registered users. Any contract between you and any other registered user on the Platform shall be strictly a contract between you and such registered user(s) and Clara shall not be a party to the same. This may also include certain offline services which may be provided by the Company, which shall provide an opportunity to the users of the Platform to interact with other registered users of the Platform in an offline mode. The risk of any losses or damages incurred by you due to any such contract or usage of any information or Data provided on the Platform shall be solely upon you. The Company shall not and is not required to mediate or resolve any dispute or disagreement between you and such registered user(s).
12.8 If there is a dispute between participants on this site, or between users and any third party, you agree that Clara is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Clara and its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.
12.9 Any material or Data downloaded or otherwise obtained through the use of the Platform is obtained at your own discretion and risk. You shall be solely responsible for any damage to your computer system or other device or loss of Data that results from the download of any such material or Data.
12.10 Indemnity. You agree to indemnify and hold Clara, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms.
12.11 Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Clara’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
12.12 Limitation of liability. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Clara (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) GBP (£)100 or (ii) the amounts paid by you to Clara in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
12.13 Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the United Kingdom. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Clara or against any director, officer or employee of Clara in their personal capacity) shall be finally settled in London, United Kingdom, in English.
12.14 Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Clara may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Clara agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Clara, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Clara, and you do not have any authority of any kind to bind Clara in any respect whatsoever. You and Clara agree there are no third party beneficiaries intended under these Terms.