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Terms of Service

Terms of Service

Effective Date: June 3, 2024

Last Updated: [Date of Last Update]

These Terms of Service ("Terms") govern your access to and use of the services provided by FUNDament ("FUNDament," "we," "us," or "our"), including our website, https://fundament.ca, and any related applications or services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Service.

You must be at least 18 years old to use the Service.

Table of Contents

  1. Interpretation and Definitions
  2. Acceptance of Terms
  3. User Accounts
  4. Description of Service
  5. Subscription Plans, Promotions, and Payments
  6. Prohibited Activities
  7. API Usage
  8. Termination
  9. Disclaimer of Warranties
  10. Limitation of Liability
  11. Intellectual Property
  12. Indemnification
  13. Dispute Resolution
  14. Changes to These Terms
  15. General Conditions
  16. Governing Law
  17. Contact Information

1. Interpretation and Definitions

1.1. Definitions

  • Account: A unique account created for you to access our Service or parts of our Service.
  • Service: Refers to the website and services provided by FUNDament.
  • Subscription: Refers to the paid services or access to the Service.
  • Promotions: Refers to contests, promotions, or special offers through the Service.
  • User Content: Any content, materials, or information that users upload, post, or otherwise make available through the Service.
  • You: Refers to the individual or legal entity using the Service.

2. Acceptance of Terms

By accessing or using the Service, you represent that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not use the Service.

You must be at least 18 years old to use the Service.

3. User Accounts

3.1. Account Creation

  • Registration: To access certain features of the Service, you must create an Account by providing accurate, current, and complete information.
  • Account Security: You are responsible for safeguarding your Account credentials and all activities that occur under your Account.
  • Notification: You agree to notify us immediately of any unauthorized use of your Account or any other security breaches.

3.2. Account Suspension and Termination

  • We reserve the right to suspend or terminate your Account at any time, with or without notice, for any violation of these Terms or applicable laws.

4. Description of Service

FUNDament simplifies personal budgeting with intuitive tools for tracking spending and visual cash flow analysis. You can:

  • Register an Account: Using your name and email or Google sign-in.
  • Manage Finances: Manually create ledgers, budgets with limits, and accounts with balances.
  • Add Transactions: Manually input transactions or import CSV files with transactions.
  • Collaborate: Share your ledger with others to manage shared finances.

Service Limitations:

  • No Bank Integration: We do not integrate with bank accounts.
  • Data Usage: The data you input is used solely to provide analysis and visual cues.
  • No Guarantee of Accuracy: We do not guarantee the accuracy of data or insights provided.

5. Subscription Plans, Promotions, and Payments

5.1. Subscription Plans

  • Free Tier: Offers limited functionality.
  • Paid Subscriptions: Provide additional features and are billed in advance on a recurring basis (monthly or annually).

5.2. Payments

  • Payment Processing: Payments are processed via Stripe. Refer to Stripe's Privacy Policy.
  • Billing Cycle: Subscriptions are billed in advance on a recurring basis according to your selected plan.
  • Currency: All payments are to be made in Canadian Dollars (CAD).
  • Taxes: You are responsible for any applicable taxes.

5.3. Automatic Renewal

  • Renewal: Subscriptions automatically renew at the end of each billing period unless canceled.
  • Cancellation: You may cancel your Subscription at any time through your Account settings.

5.4. Promotions

  • Separate Terms: Promotions may have separate terms and conditions, which will govern in case of conflict with these Terms.
  • Modification Rights: We reserve the right to modify or cancel promotions at any time.

5.5. Upgrading and Downgrading Plans

  • Upgrading: If you upgrade, you will be charged a prorated amount.
  • Downgrading: If you downgrade, the difference will be credited towards your next billing cycle.

5.6. Fee Changes

  • Notice: We will provide at least 30 days' notice before any fee changes take effect.
  • Acceptance: Continued use after fee changes become effective constitutes your agreement to pay the modified fee.

5.7. Refund Policy

  • No Refunds: Except as required by law or stated in these Terms, payments are non-refundable.
  • Termination Refunds: If we terminate your Account without cause, we may provide a prorated refund at our discretion.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Unlawful Activities: Engaging in activities that violate any applicable laws or regulations.
  • Content Restrictions: Uploading or sharing content that is illegal, offensive, defamatory, infringing, or harmful.
  • Harassment and Discrimination: Engaging in harassment, hate speech, or discriminatory behavior.
  • Security Violations: Attempting to bypass or undermine the security features of the Service.
  • Unauthorized Access: Attempting to access other users' Accounts or data without authorization.
  • Spamming and Phishing: Sending unsolicited messages or engaging in phishing activities.
  • Malware Distribution: Uploading viruses, malware, or any other malicious code.
  • Scraping and Reverse Engineering: Scraping, crawling, or reverse engineering any part of the Service.
  • Excessive Use: Engaging in excessive use that may impair the Service for others.

7. API Usage

7.1. Access and Usage

  • API Access: Users may access their data via the API under these Terms.
  • Rate Limits: We may enforce rate limits on API requests.

7.2. Restrictions

  • Prohibited Uses: You may not use the API for any prohibited activities outlined in these Terms.
  • Third-Party Products: Use of the API through third-party products is at your own risk.

7.3. Suspension of Access

  • Abuse and Overuse: Excessive or abusive API requests may result in suspension or termination of your API access.
  • Notice: We will attempt to notify you prior to suspension.

8. Termination

8.1. Termination by FUNDament

  • Right to Terminate: We may suspend or terminate your Account at any time for any reason, including violation of these Terms.
  • Effect of Termination: Upon termination:
    • Access to the Service will cease immediately.
    • All data associated with your Account may be deleted.
    • We are not liable for any loss of data.

8.2. Termination by You

  • Account Deletion: You may delete your Account at any time through the Account settings.
  • Data Deletion: Upon deletion, your data will be permanently removed, except as required by law.

8.3. Surviving Provisions

  • Post-Termination Obligations: Sections related to intellectual property, indemnification, limitation of liability, and dispute resolution survive termination.

9. Disclaimer of Warranties

  • As Is and As Available: The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
  • No Warranties: FUNDament disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee of Accuracy: We do not guarantee the accuracy, completeness, or usefulness of any information provided.

10. Limitation of Liability

10.1. Cap on Liability

  • Maximum Liability: To the fullest extent permitted by law, FUNDament's total liability shall not exceed the amount you have paid to us in the last six (6) months.

10.2. Types of Damages Excluded

  • Excluded Damages: FUNDament is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
    • Data loss
    • Loss of profits
    • Service interruptions
    • Security breaches resulting from your actions
    • Third-party service issues

10.3. Jurisdictional Limitations

  • Consumer Rights: Some jurisdictions do not allow the exclusion of certain warranties or limitations. In such cases, our liability is limited to the maximum extent permitted by law.

11. Intellectual Property

11.1. Ownership Rights

  • FUNDament's Property: All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of FUNDament and are protected by intellectual property laws.
  • License to Use: We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.

11.2. User Content

  • Responsibility: You are responsible for any User Content you submit.
  • Rights Granted: By submitting User Content, you grant FUNDament a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing the Service.

11.3. Feedback

  • License to Feedback: Any feedback, suggestions, or ideas you provide become our property, and we may use them without any obligation to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless FUNDament, its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your Use of the Service: Including any data or content transmitted or received by you.
  • Violation of Terms: Your breach or alleged breach of these Terms.
  • Violation of Laws: Your violation of any applicable laws or regulations.
  • Third-Party Rights: Your violation of any third-party rights, including intellectual property or privacy rights.
  • User Content: Any of your User Content that causes damage to a third party.

13. Dispute Resolution

13.1. Informal Resolution

  • Contact Us First: You agree to attempt to resolve any disputes informally by contacting us at support@fundament.ca.

13.2. Arbitration

  • Binding Arbitration: Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration under the rules of the Canadian Arbitration Association.
  • Location: Arbitration will be conducted in Canada.
  • Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit.

13.3. Exceptions

  • Small Claims: Either party may seek relief in small claims court for disputes within its jurisdiction.
  • Injunctive Relief: We may seek injunctive or other equitable relief for intellectual property infringement in any court of competent jurisdiction.

14. Changes to These Terms

  • Right to Modify: We reserve the right to modify these Terms at any time.
  • Notice of Changes: We will notify you of material changes at least 30 days before they become effective via email and a prominent notice on our website.
  • Acceptance of Changes: Your continued use of the Service after changes take effect constitutes your acceptance of the new Terms.
  • Material Changes: If you do not agree to the new Terms, you must stop using the Service.

15. General Conditions

15.1. Entire Agreement

  • These Terms and our Privacy Policy constitute the entire agreement between you and FUNDament regarding the Service.

15.2. No Waiver

  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.3. Severability

  • If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

15.4. Assignment

  • By FUNDament: We may assign or transfer our rights and obligations under these Terms without restriction.
  • By You: You may not assign or transfer your rights under these Terms without our prior written consent.

15.5. Force Majeure

  • Events Beyond Control: We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, government actions, labor shortages, or Internet service disruptions.

15.6. Electronic Communications

  • Consent: You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Service.

15.7. Language

  • Controlling Language: These Terms are provided in English. If translated into another language, the English version will prevail in case of discrepancies.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

16.1. Jurisdiction

  • Exclusive Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, for the resolution of any disputes not subject to arbitration.

16.2. Cost Allocation in Disputes

  • Legal Fees: Each party will bear its own legal fees and costs unless otherwise determined by the arbitrator or court.

17. Contact Information

If you have any questions about these Terms, please contact us:

By using FUNDament, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.