PLEASE READ THIS DOCUMENT CAREFULLY.

This document (this “Agreement”) sets out the specific terms and conditions relating to our use of a third party interface, known as the Flinks API, to access your third party online accounts for financial institutions. It includes, among other things, important legal terms relating to how we will use your information, and limiting our liability to you and your ability to sue us.

In order to set up direct account payments, you must fully read and understand these terms and conditions.

Your use of bank account verification and linking (the “Purpose”) enabled by Flinks API (“Flinks Service”) from within the Financeit application and/or website (the “Software”) is subject to the following terms, in addition to the terms and conditions that apply to your use of the Software (including but not limited to the Terms of Service and Privacy Policy at https://www.financeit.io/ca/en/privacy_ca_en), which are collectively referred to herein as the “Financeit Terms and Policies”. The Purpose includes the ability of Financeit to use Flinks to retrieve your payment account details from third party financial institutions to set up loan payments, for the purposes of verifying account information to set up direct payments and also for know-your-client and other purposes necessary to provide you with the Software and its services.

1.1 Proprietary Rights.

You are permitted to use the Flinks Service, and all information, data or other materials delivered to you through the Flinks Service, only with and as enabled by the Software, and only in connection with the Purpose. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials, or access the Flinks Service for any other purpose or by any means other than as specifically enabled through the Software. Further, and without limiting any of the other Financeit Terms and Policies relating to the Software, you agree not to reverse engineer or reverse compile any of the Flinks Service technology.

1.2 Content You Provide.

You are granting Financeit Canada Inc. (“Financeit”) and Flinks Technology, Inc. (“Flinks”) the full right and license to use any data, passwords, or other information (collectively, “Your Content”) you provide, or using such credentials your third party financial institution provider provides, through or to the Flinks Service. Financeit and Flinks may use, modify, display, distribute and create new material using such Content only to provide the Flinks Service to you through the Software in connection with the Purpose. Financeit may also use the Content to protect against fraud. By submitting Content, you automatically agree, or promise that you are the owner or the rightful user of such Content with the express agreement that, without any particular time limit, and without the payment of any fees, Financeit and Flinks may use the Content for the purposes set out above. To learn more about how Financeit, through Flinks, handles the Content, visit here: https://flinks.io/security/ and also see the Financeit Privacy Policy at at https://www.financeit.io/ca/en/privacy_ca_en.

1.3 Third Party Accounts.

By using the Software and the Flinks Service, you authorize Financeit and Flinks, as your agent and attorney-in-fact, to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you in connection with the Purpose. For all purposes hereof, you hereby grant Financeit and Flinks a limited power of attorney, and you hereby appoint Flinks and Flinks as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the third party Internet sites, servers or documents selected by you, to retrieve information, and to use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you the Flinks Service through the Software for the Purpose. You acknowledge and agree that when Financeit or Flinks accesses and retrieves information from such third party sites, Financeit and Flinks are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You. You understand and agree that the Software and the Flinks Service is not endorsed or sponsored by any third party account providers accessible through the Flinks Service.

1.4 Disclaimer of warranties.

You expressly understand and agree that:
(a) Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an “as is” and “as available” basis. Financeit and Flinks expressly disclaim all warranties and conditions of any kind as to the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Financeit and Flinks make no warranty that (i) the Flinks Service will meet your requirements, (ii) the Flinks Service will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service will meet your expectations, or (iv) any errors in the technology will be corrected.
(c) Any Content obtained through the use of the Flinks Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Financeit or Flinks through or from the Flinks Service will create any warranty not expressly stated in these terms.

1.5 Limitation of liability.

Without in any way limiting or restricting any other agreed-upon disclaimers, limitations or exclusions of liabilities as between you and Financeit as set out in the Financeit Terms and Policies, you agree that neither Financeit or Flinks nor any of their affiliates, account providers or any of their affiliates will be liable for any costs, damages, expenses or other harms, whether direct, indirect, incidental, special, consequential, exemplary, punitive or otherwise, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses relating to the Flinks Service, even if Financeit or Flinks has been advised of or should reasonably be aware of the possibility of such damages, including those resulting from: (a) the use or the inability to use the Flinks Service; (b) the cost of getting substitute goods and services, (c) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of anyone on the Flinks Service; (f) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (g) any other matter relating to the Flinks Service.

1.6 Indemnification.

You agree to protect and fully compensate Financeit and Flinks and their respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees and costs) caused by or arising from your use of the Flinks Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

1.7 Flinks.

You agree that Flinks is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to this Agreement.

1.8 English Language.

The parties hereto acknowledge and confirm that they have requested that this Agreement as well as all notices and other documents contemplated hereby be drawn up in the English language. Les parties aux presentes reconnaissent et confirment qu’elles ont convenu que la presente convention ainsi que tous les avis et documents qui s’y rattachent soient rediges dans la langue anglaise.

1.9 Amendments.

Financeit and Flinks reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement from time to time, and we will provide you with written notice (to your contact information as provided through the Software) when we do so. If we do this, we will post the latest version of this Agreement on this page, and we will indicate at the bottom of such page the date of the last revision or modification.

1.10 Other Terms.

As between the Financeit Terms and Policies and this Agreement, this Agreement will govern in the case of any necessary conflict or inconsistency strictly to the extent relating to the use of the Flinks Service, and in all other cases the Financeit Terms and Policies will govern. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, (a) that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect, and (b) such holding shall not, in and of itself, render any of the Financeit Terms or Policies unlawful, invalid, void or unenforceable. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. You may not assign this agreement without the prior written consent of Financeit and Flinks.