Terms of Service

Effective Date: October 10, 2024

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1. Acceptance of Terms

Welcome to Blnk Finance ("Blnk," "we," "us," or "our"). By accessing or using our website www.blnkfinance.com and our services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using or accessing the Services.

2. Description of Services

Blnk Finance provides an open-source fintech backend platform designed to help developers build financial products efficiently. Our Services include access to our software, APIs, SDKs, documentation, and any related support or maintenance services.

3. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. User Accounts

• Registration: To access certain features, you may need to create an account by providing accurate and complete information, including your name, email address, and a secure password.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach.
• Account Termination: We reserve the right to suspend or terminate your account at our discretion, without prior notice, for any violation of these Terms or for any other reason.

5. License and Use of Services

• License Grant: Subject to these Terms, Blnk grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
• Restrictions: You agree not to:
  • Modify, copy, distribute, or create derivative works based on the Services.
  • Reverse engineer, decompile, or attempt to extract the source code of the software underlying the Services.
  • Sell, rent, lease, sublicense, or otherwise transfer any rights to the Services.
  • Use the Services to conduct any unlawful or fraudulent activities.
  • Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.

6. Open Source Components

Our Services may include open-source software components licensed under separate terms. You agree to comply with all such terms, which are incorporated by reference into these Terms.

7. Fees and Payment

• Pricing: Access to certain features or functionalities of the Services may require payment of fees as described on our pricing page.
• Payment Terms: All fees are due in advance and are non-refundable unless otherwise specified. Payments must be made via the methods we specify.
• Taxes: You are responsible for all applicable taxes, duties, or governmental fees associated with your use of the Services.

8. Intellectual Property Rights

• Ownership: Blnk retains all rights, title, and interest in and to the Services, including all intellectual property rights therein. These Terms do not grant you any rights to Blnk's trademarks or service marks.
• Feedback: Any feedback, suggestions, or recommendations you provide regarding the Services ("Feedback") may be used by Blnk without any obligation to you, and you hereby grant Blnk a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback.

9. Confidentiality

• Definition: "Confidential Information" means any non-public information disclosed by Blnk to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
• Obligations: You agree to maintain the confidentiality of the Confidential Information and not to use it except as necessary for your use of the Services. This obligation survives the termination of these Terms.

10. Data Privacy

Our collection and use of personal information are governed by our Privacy Policy. By using the Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

11. Third-Party Services

• Integration: The Services may contain links or integrations to third-party websites or services ("Third-Party Services").
• Disclaimer: We do not endorse and are not responsible for the availability, accuracy, or content of Third-Party Services. Your use of Third-Party Services is at your own risk and may be subject to additional terms.

12. Warranties and Disclaimers

• No Warranty: The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Blnk disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee: Blnk does not guarantee that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

13. Limitation of Liability

• Indirect Damages: To the maximum extent permitted by law, Blnk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• Aggregate Liability: In no event shall Blnk's total liability exceed the amount you have paid to Blnk in the last twelve (12) months preceding the event giving rise to the liability.

14. Indemnification

You agree to indemnify, defend, and hold harmless Blnk and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your use of the Services or violation of these Terms.

15. Term and Termination

• Term: These Terms remain effective until terminated by either you or Blnk.
• Termination by You: You may terminate these Terms by discontinuing the use of the Services and deleting your account.
• Termination by Blnk: We may suspend or terminate your access to the Services at any time, with or without cause or notice.
• Effect of Termination: Upon termination, all rights granted to you under these Terms will cease, and you must promptly discontinue all use of the Services.

16. Changes to the Terms

Blnk reserves the right to modify these Terms at any time. We will provide notice of changes by updating the "Effective Date" at the top of these Terms and, if the changes are significant, by sending a notice to the email address associated with your account or by placing a prominent notice on our website. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

18. Dispute Resolution

• Arbitration: Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
• Location: The arbitration shall take place in New Castle County, Delaware.
• Exception: Either party may seek injunctive relief in a court of competent jurisdiction for any violation of intellectual property rights.

19. Miscellaneous

• Entire Agreement: These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Blnk regarding the Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Blnk may assign these Terms without restriction.
• Force Majeure: Blnk shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, and technical failures.

20. Contact Information

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

• Email: support@blnkfinance.com