This User Agreement (the "Agreement") is a legal contract between you and Eval LLC, a limited liability company ("Eval", "we", "us", or "our"), the owner and operator of the Finix website and service (the "Service"). By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Service.
The Service allows you to create, edit, share, and analyze financial models using various tools and features provided by Eval. The Service is intended for informational and educational purposes only and does not constitute financial, accounting, tax, or legal advice. You are solely responsible for the accuracy, completeness, and validity of any data, information, or content that you provide, upload, or generate through the Service. You are also solely responsible for any decisions or actions that you take based on the use of the Service.
To use the Service, you must register for an account and provide certain personal information, such as your name, email address, and password. You agree to provide accurate and complete information and to keep it updated at all times. You are responsible for maintaining the confidentiality and security of your account and password and for any activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or password or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.
You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, copy, modify, distribute, display, perform, create derivative works from, and otherwise exploit any data, information, or content that you provide, upload, or generate through the Service for the purposes of providing, improving, and developing the Service and our other products and services. You represent and warrant that you have the right and authority to grant us this license and that your data, information, or content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or contractual rights.
We respect your privacy and are committed to protecting your personal information. Please review our Privacy Policy for more information on how we collect, use, disclose, and protect your personal information when you use the Service.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes only. You agree not to use the Service for any unlawful or prohibited purpose or in any manner that interferes with the operation or availability of the Service or harms us or any other user. You also agree not to copy, modify, distribute, sell, rent, lease, license, reverse engineer, decompile, or otherwise attempt to discover or derive the source code or underlying algorithms of any part of the Service. You also agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notice displayed on or within the Service.
We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time without prior notice or liability to you. We may also terminate or suspend your access to or use of the Service at any time if we determine that you have violated this Agreement or any applicable law or regulation or if we have a legitimate business reason to do so. Upon termination of this Agreement, your right to use the Service will cease immediately and we may delete any data, information, or content associated with your account. You may also terminate this Agreement at any time by deleting your account and discontinuing your use of the Service.
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for such third-party websites, services, or resources. If you access or use any third-party websites, services, or resources, you do so at your own risk and subject to the terms and conditions of such third parties.
The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of the Service will be accurate, reliable, or satisfactory. You acknowledge and agree that your use of the Service is at your own risk and discretion and that you are solely responsible for any damage or loss that may result from your use of the Service or any data, information, or content obtained through the Service.
To the maximum extent permitted by law, we and our affiliates, officers, directors, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with this Agreement or your use of or inability to use the Service or any data, information, or content obtained through the Service, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions or limitations may not apply to you. In no event will our total liability to you for all damages, losses, and causes of action arising out of or in connection with this Agreement or your use of the Service exceed the amount paid by you to us for the Service in the twelve (12) months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of or access to the Service or any data, information, or content provided, uploaded, or generated by you or through your account.
This Agreement constitutes the entire agreement between you and us regarding the use of the Service and supersedes any prior or contemporaneous agreements, communications, or understandings between you and us on such subject matter. This Agreement may not be modified or amended except by a written document signed by both parties or by our posting of a revised version on the Service. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it enforceable and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement or the Service will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware. You agree not to bring any claim against us or our affiliates in any other jurisdiction. You agree that any claim or cause of action arising out of or relating to this Agreement or the Service must be brought within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, comments, or concerns about this Agreement or the Service, please contact us at support@eval.llc.