Legal

Terms of Service

Last updated: 1 March 2025 · Effective: 1 March 2025

These Terms of Service govern your use of the Finctells platform and services. By using Finctells, you agree to these terms in full. Please read them carefully.

1. Acceptance of terms

By accessing or using the Finctells platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not use our Services.

2. Description of services

Finctells provides a cloud-based financial intelligence platform for SMEs, including financial analytics, multi-entity consolidation, FP&A forecasting, risk intelligence, and related tools ("Platform").

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation.

3. User accounts

You must create an account to use our Services. You agree to:

• Provide accurate, current, and complete information during registration. • Maintain the security of your account credentials and not share them with third parties. • Notify us immediately at security@finctells.io if you suspect unauthorised access. • Be responsible for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Payment and billing

Subscriptions: Finctells offers monthly and annual subscription plans. By subscribing, you authorise us to charge the applicable fees to your payment method on a recurring basis.

Free trial: New accounts may be eligible for a 14-day free trial. No credit card is required to start. At the end of the trial, your account will be downgraded unless you add a payment method and select a plan.

Pricing changes: We will provide at least 30 days' notice before changing subscription prices. Price changes take effect at the next renewal date.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods.

Taxes: All prices are exclusive of applicable taxes (VAT, GST, etc.). You are responsible for paying all taxes applicable in your jurisdiction.

Enterprise plans: Custom pricing, payment terms, and SLAs apply. Contact sales@finctells.io.

5. Intellectual property

Our IP: All rights, title, and interest in and to the Finctells platform, software, trademarks, logos, and documentation are and remain the exclusive property of Finctells Inc. These Terms do not grant you any intellectual property rights in our Services.

Your data: You retain all rights to the financial data and content you upload to Finctells. By uploading data, you grant Finctells a limited, non-exclusive licence to process that data solely to provide the Services to you.

Feedback: If you provide feedback or suggestions about our Services, we may use it without any obligation to you.

6. Prohibited uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable regulations. • Reverse engineer, decompile, or attempt to extract the source code of our software. • Use the Services to transmit malicious code, viruses, or harmful content. • Attempt to gain unauthorised access to any part of the Services or related systems. • Use automated tools (scrapers, bots) to access the Services without our written consent. • Resell or sublicence access to the Services without prior written authorisation. • Use the Services to store or process data in violation of applicable privacy laws. • Attempt to circumvent any usage limits, security measures, or access controls.

7. Confidentiality

Each party agrees to keep the other's confidential information (including pricing, financial data, and product roadmaps) confidential and not to disclose it to third parties without prior written consent, except as required by law.

Finctells will treat all financial data you upload as confidential and will not disclose it to third parties except as necessary to provide the Services or as required by applicable law.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. • FINCTELLS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES. • IN NO EVENT WILL FINCTELLS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. • FINCTELLS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

9. Indemnification

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

• Your use of the Services in violation of these Terms. • Your violation of any applicable laws or regulations. • Your infringement of any third-party intellectual property or other rights. • Your financial data or content uploaded to the platform.

10. Governing law

These Terms are governed by the laws of the Kingdom of Thailand, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved by binding arbitration in Bangkok, Thailand, under the rules of the Thai Arbitration Institute, unless you elect to bring a claim in small claims court.

For EU/EEA users: You may also bring claims before the courts of your country of residence pursuant to applicable consumer protection laws.

11. Changes to terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, via email or in-app notification. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

If you disagree with any changes, you may cancel your subscription before the effective date.

12. Termination

Either party may terminate these Terms at any time. Finctells may suspend or terminate your account immediately if you breach these Terms or engage in conduct we reasonably determine to be harmful to our Services or other users.

Upon termination, your access to the Services will cease. We will retain your data for 90 days after termination to allow you to export it, after which it will be deleted per our data retention policy.

13. Contact

For questions about these Terms, contact:

Finctells Inc. Email: legal@finctells.io Address: 88 Silom Road, Suriyawong, Bang Rak, Bangkok 10500, Thailand