Terms and Conditions

IMPORTANT— READ CAREFULLY PRIOR TO USING FINCH’S SERVICES AND/OR SOFTWARE. THESE GENERAL TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ARCHFINCH AB. (“FINCH”). BY ACCESSING AND OTHERWISE USING ANY PORTION OF THE SERVICES OR SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE A USER ACCOUNT AND DO NOT ACCESS OR USE THE SERVICES OR SOFTWARE. YOU AGREE THAT YOUR ACCESS AND/OR USE OF THE SERVICES AND SOFTWARE REPRESENTS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS.
These General Terms and conditions (the “General Terms”) (collectively the “Terms”) govern your use of Finch’s websites, support services, training and consultant services and cloud services (collectively the “Services”) and any software applications provided to you by Finch, whether provided as part of the Services or that we make available for download from our websites (collectively the “Software”), and any other content or other materials that Finch makes available to you or that you may license from Finch. If you have entered into another agreement with Finch concerning specific Services or Software, then the terms of that agreement control where it conflicts with these Terms.

Licensed Not Sold

You acknowledge and agree that the Services and Software are licensed, not sold. All references in the General Terms to “sale”, “selling” or “purchase” of the Services and/or Software means the sale and/or purchase of a license to use the Services and/or Software only as licensed.

Intellectual Property Notice and Reservation of Rights

Nothing in the Terms, nor your use of the Services or Software, shall constitute a sale or transfer of any copyright, trademark, trade dress, moral right, patent (whether pending or issued) or trade secret right (collectively the “Intellectual Property Rights”). All right, title, and interest in and to the Services and Software, including, without limitation, all Intellectual Property Rights therein, are owned and retained by Finch. All rights not expressly granted by Finch are hereby reserved.

Finch User Account

To purchase, access and/or use the Services, license Software, and otherwise engage with us on matters described in these Terms, you must create and maintain a user account (“User Account”). User Accounts are restricted to those persons 18 years of age or older at the time of registration.

Registration Data

“Registration Data” includes only your first and last name and email address. When you create a User Account, you agree to (a) provide true, accurate, current and complete Registration Data; (b) to the extent you provide other information about yourself and as applicable your company and/or employer such as your employer’s name, your title, your address and/or country or region, or areas of work or interest (collectively “Profile Data”), you also agree to provide true, accurate and current Profile Data; and (c) update and maintain the Registration Data and Profile Data, if applicable, and promptly respond to requests from us to keep the Registration Data and Profile Data accurate and true. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Finch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Finch has the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof) or Software.

Password Requirements

Passwords must be at least 8 characters and include at least one uppercase letter, one lowercase letter, one number and one special character (e.g. !@#$%). You are solely responsible for maintaining the confidentiality of Your password.

Activity and Responsibility

You are solely responsible for any and all activity that occurs under your User Account, and Finch shall have no responsibility with regard to the use, disclosure, or management of your User Account information or any content accessed, uploaded, processed or exchanged through use of your User Account. You are responsible for (a) keeping your User Account information confidential; (b) promptly notifying Finch of any suspected or unauthorized use of your User Account or disclosure of your password to any third person/party; and (c) ensuring that you exit from your User Account at the end of each session.

Termination

You may terminate your User Account at any time for any reason. Finch may terminate your User Account, if in its sole and reasonable direction, we believe you have violated or these Terms. Upon termination, Finch will permanently delete your password and any content that Finch is not otherwise legally obligated to retain.

Acceptable Use

In order to enhance the quality of the Services and Software and to protect you and other Finch licensees, customers, potential customers and affiliated third parties from illegal, irresponsible, or disruptive activities, you are required to comply with Finch’s Acceptable Use Policy as follows:
All users (including, without limitation, customers, potential customers, end-users, and visitors to Finch’s websites and events) of Finch’s products and services are required to comply with this Acceptable Use Policy in order to enhance the quality of Finch’s web and mobile services and to protect Finch and Finch’s licensees from illegal, irresponsible, or disruptive activities.
By using Finch’s products and services, you agree that you will not (and you will not encourage, create or facilitate the ability of other users or third parties to):
  1. upload, post, store or otherwise transmit any documents (regardless of format), images (regardless of format, jpeg, tiff, gif, etc.), files or personal information that violates, misappropriates, or infringes, in any way, upon the rights of others, which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, profane, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, or otherwise violate any law;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. collect or disclose information, including without limitation e-mail addresses or other personal information, about any individual, without such individual’s express written consent;
  4. abuse, stalk, defraud or otherwise harass or disparage any person or entity, including Finch or any Finch employee, or advocate prejudice or hatred against any person or entity based on their race, religion, ethnicity, sex, gender identify, sexual preference, disability or impairment;
  5. upload, post, store or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, pyramid schemes or other forms of solicitation;
  6. send altered, deceptive or false source-identifying information, including spoofing and phishing;
  7. upload, post, store or otherwise transmit any Files that contain software viruses, harmful materials, or any other computer code or programs designed to interrupt, destroy or limit the functionality of any software or hardware, including without limitation the Cloud Services;
  8. interfere or attempt to interfere in any manner with the proper working of Finch’s products or services, including without limitation breach or otherwise circumvent any security or authentication measures;
  9. probe, scan or test the vulnerability of Finch’s products or services;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation all applicable export laws and regulations or intellectual property laws;
  11. circumvent or render ineffective any geographical restrictions, including IP address-based restrictions;
  12. sell, lease, rent, redistribute, or sublicense access to or use Finch’s products or services unless authorized in writing by Finch to do so; or
  13. permit any person or entity to use Finch’s products or services to access, upload, generate, or maintain files, metadata or personal information of any kind in violation of any of Finch’s End User License Agreement or other published terms of use or terms of service.
  14. Share login info. Each user must have their own account.
Notwithstanding Finch’s Acceptable Use Policy, as a user of the internet (including Finch’s products, services and events) you undertake such activities at your own risk while acknowledging that there are known and unanticipated risks associated with the internet. Finch assumes no liability for the actions of its users or the content they may post or communicate.

Privacy

In order to enhance the quality of the Services and Software and to protect you and other Finch licensees, customers, potential customers and affiliated third parties from illegal, irresponsible, or disruptive activities, you are required to comply with Finch’s Acceptable Use Policy.

Future Modifications of these Terms

Finch may revise, modify or update the General Terms from time to time due to changes in the law, regulatory requirements, or improvements or enhancements to the Services and/or Software. Therefore, Finch reserves the right to update and modify the General Terms at any time upon notice to you (a “Change Notice”). Finch will send you a Change Notice by sending an email to the email address associated with your User Account or via an in-Service notification. If you do not agree with any of the updates and/or modifications made, you must immediately (i) remove all of your content; (ii) cancel your User Account; and (iii) discontinue all access and use of the Services and Software. By continuing to use the Services and/or Software after receipt of a Change Notice, you agree to be bound by the modified Terms.

Future Modification of the Services and/or Software

Finch is continually developing, changing and improving our Services and Software. We reserve the right to revise, modify or update the Services and Software from time to time in its sole discretion to add new features or functionality, modify existing features or functionality, or remove features or functionality. Finch also reserves the right to discontinue (temporarily or permanently) the Services or Software, in whole or in part, or create new limits regarding the use of our Services and Software without liability to you or any third party.

Warranties and Disclaimers

Finch provides our Services and Software using a commercially reasonable level of skill and care. OTHER THAN AS EXPRESSLY SET FORTH IN THESE GENERAL TERMS, NEITHER FINCH NOR ITS SUPPLIERS OR VENDORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR SOFTWARE.
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER AND YOUR USE OF THE SERVICES AND/OR SOFTWARE IS AT YOUR OWN RISK. FINCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO AVAILABILITY, ACCURACY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES AND SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE THEREOF. FINCH MAKES NO WARRANTY THAT THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINCH BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR ANY LOST REVENUES, LOST PROFITS, LOST DATA, OR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR SOFTWARE EVEN IF FINCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Internet Access and Fees

The processing and transmission of communications and content from you to the Services and/or Software may involve transmissions over the internet and may involve one or more internet service providers, mobile service providers and networks (“Third Party Providers”). You acknowledge and agree that your use of Third Party Providers services are your sole responsibility and that Finch cannot and will not be liable for the timeliness, deletion, mis-delivery or failure of any Third Party Providers or any charges, fee or taxes you may incur from such Third Party Providers.

Links and Third Parties

The Services and/or Software may contain links to other internet sites or online resources over which Finch has no control. These links and resources are provided for convenience only and should not be construed as an endorsement by Finch of any content, items, or services on such third-party websites. Your access, viewing and use of such website links, including any content, items or services therein, are solely at your own risk. Finch is not responsible or liable in any way for any content, advertising, services or goods on or available from such third-party websites or resources.

ReportAll API Data

Renting, lending, sublicensing, copying, broadcasting, or any other kind of distribution of the Report All API Data (Data) is prohibited outside of your organization’s enterprise. You will not disassemble, decompile, manipulate, or reverse engineer any portion of the Data other than current normalization operations to assure common format for Data. Licensor, and its third-party suppliers, reserves the right to take additional security measures such as adding watermarks to the Data that must be maintained as part of the Data. Licensor considers such security measures confidential business information subject to trade secret protection, and the confidentiality provisions listed in this Agreement, and as such is not required to disclose to the End User the specifics of its security measures. You may not under any circumstances, knowingly remove any security measures from the Data.

Availability

Finch’s websites describing the Services and Software are accessible worldwide; however, not all Services, Software or features thereof may be available in your country. The Services and Software are also not available in all languages.

Notices

Notices to Finch shall be sent via email to support@finch3d.com. Notices to you shall be sent via email to the email address you provide and maintain in your User Account.

Non-Assignment

You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without Finch’s prior written consent, and any such attempt will be void. Finch may transfer our rights under the Terms to a third party.

Miscellaneous

Should any provision of this Agreement or part thereof be held invalid, this shall not affect the remaining provisions of the Agreement, but to the extent that such invalidity substantially affects party’s right or performance under this Agreement, reasonable adjustments to the Agreement shall be made.
The failure of any party to make use of its rights pursuant to this Agreement or failure to call upon certain condition following from the Agreement shall not constitute a waiver of such rights or any future rights.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Sweden.
The parties shall in good faith try to resolve any disagreement or dispute under these Terms of Use through negotiations. If the parties after such negotiations are not able to reach an amicable solution, the dispute may be brought before the ordinary courts, with Malmö City Court as legal venue. These Terms will not limit any consumer protection rights that the Authorized User may be entitled to under the mandatory laws of its country of residence.
This document was last updated on April 1, 2021