FINMAP

PUBLIC OFFER AGREEMENT

Version: 1.01

Last updated: August 26, 2021

This is a Public Offer Agreement (“Offer”), made between you and FINMAP LTD, a private company limited by shares incorporated under the laws of England and Wales with a company number 13281743 and a registered address at 41 Devonshire Street, Ground Floor, London, United Kingdom, W1G 7AJ (“Company”), about the provision of services to you.

Upon your acceptance of this Offer, it shall constitute a legally binding agreement between you and the Company. This Offer shall apply to your use of the Finmap service, available at https://finmap.online/ (“Website”). You cannot access the Website if you do not agree with this Offer.

The Company is not a financial advisor nor is it a provider of accounting services. Information on the Website or any services you receive there is not financial, accounting, tax, legal, or any other advice.

1. Offer’s Status and Acceptance

1.1. This Offer, at all times available on the Website at https://finmap.online/en/oferta-eng/, is the Company’s offer to you to enter into a legally binding agreement.

1.2. You creating a personal account on the Website (“Account”) constitutes the acceptance of this Offer.

1.3. The laws of England and Wales shall apply to this agreement and your use of the Website.

2. Services

2.1. To start using the Services, you have to create an Account. To create an Account, you have to provide us with your email and phone. You will also have to create a password.

2.2. When creating an Account, you do not have to provide us with any official information about a legal entity for which you create a sub-account. However, by opening an Account on behalf of a legal entity, you represent and warrant that you are its duly authorized representative and have the right to do so.

2.3. When opening an Account, you also have to choose the first sub-account’s name and the main currency for the first legal entity, for which you create a sub-account. It can be changed later and new currencies can be added later as well.

2.4. Upon the acceptance of this Offer, you can receive services (access to the cash flow management tool) on the Website on terms provided in this Offer and on other pages of the Website (“Services”).

2.5. The Services you can receive to manage your legal entity’s cash and budget using its sub-account, include but are not limited to:

2.5.1. creating sub-accounts for cash flow management for legal entities;

2.5.2. allowing and managing access levels for persons with access sub-accounts;

2.5.3. synchronization with bank accounts, supported by the Website;

2.5.4. inputting information about a legal entity from external files;

2.5.5. entering information about income, expense, and transfer transactions in various currencies;

2.5.6. entering information about accounts payable and receivable;

2.5.7. viewing information about your accounts after debit and credit transactions;

2.5.8. viewing visual analytics about your accounts and legal entity’s sub-accounts;

2.5.9. viewing legal entity’s sub-account profitability;

2.5.10. viewing payment calendar;

2.5.11. making sub-account entries via Company’s Telegram bot; and

2.5.12. integrating the Services through API with 1C, online banking, CRMs, and ERPs.

2.6. The exact scope of Services provided shall be available on the Website on a page dedicated to subscription plans.

2.7. The Company shall, by the means of the Website, provide you the Services according to one of the subscription plans chosen by you. The Company reserves the right to change the content and the price of any subscription plan at any time. In this event, the change shall apply to you from the next billing period.

2.8. The Services do not constitute financial, accounting, tax, legal, or any other advice. The Company shall not be liable for the result of your use of the Services.

2.9. Information about sub-accounts in your Account can be denominated in various currencies according to the exchange rate provided by third-party services. The Company does not have any control over such third-party service and therefore cannot guarantee that the rates provided by them are accurate.

3. Free Trial

3.1. Once you open the Account, you shall have access to some of the Services for free for 1 month.

3.2. The list of Services available during the Free Trial is subject to change by the Company.

4. Fee for the Services

4.1. After the Free Trial, the Services shall be provided on a paid basis. The Company will not issue invoices for the Services.

4.2. The Services are provided on a subscription basis. This means that you have to pre-pay the Services in full (100%) according to the subscription plan chosen by you.

4.3. The subscription plans available on the Website are part of this Offer. Notwithstanding the foregoing, they can be unilaterally changed by the Company at any time by posting updated information on the Website. We shall notify you about such a change by posting a notification on the Website or sending you an email (if appropriate).

4.4. Once the subscription plan is changed, the change shall apply to you from the next billing period.

4.5. The subscription is considered to be active from the moment you pay for it. The first payment for the subscription will start a billing period, chosen by you when ordering a subscription (1 month, 6 months, or 1 year).

4.6. After a billing period is concluded, the subscription will automatically extend for the next billing period, which shall be the same in duration as the last billing period. You can turn the auto-renewal function off in your Account.

4.7. If the Company is unable to bill you for a subscription, your access to the Services will be temporarily put on hold. Your access will be renewed once you pay for the Services.

4.8. You can unsubscribe from the Services by turning the auto-renewal function in your Account off. In this case, you shall have access to the Services until the end of the current billing period.

4.9. The Company will not refund any unused portion of the subscription.

4.10. We will only issue refunds if by technical error you have been billed twice for the same billing period. To receive a refund please contact us at support@finmap.online within 14 days from an erroneous payment. No other refunds will be made.

4.11. The Services are paid for using payment methods available on the Website. The payments are done with the help of a third-party payment service provider. This means that we do not collect nor process your payment information.

5. Customer Support

5.1. If you need any help when using the Website or the Services, you can contact our Customer Support. This can be done by using a Customer Support form on the Website.

5.2. The Company’s representative will answer you as soon as possible to help you with your request.

6. User Conduct

6.1. When using the Website and the Services you agree to not:

6.1.1. violate or help another person violate the agreement between us or the applicable law;

6.1.2. violate intellectual property rights of any party;

6.1.3. use the Website in any way that can damage, disable or overburden the Website, which may include but is not limited to uploading or in any other way using, while using the Website, malicious software;

6.1.4. performing DoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide access to the Website;

6.1.5. attempt to gain unauthorised access to the Website, computer systems, or networks connected to the Website, or extract data not intended for you;

6.1.6. impersonate or misrepresent your affiliation with another user, person, or entity, nor make other fraudulent, false, deceptive, or misleading representations;

6.1.7. violate the legislation, which may apply to you when you use the Website.

6.2. When giving access to sub-accounts in your Account to various persons, you shall be responsible that they do not violate the agreement between us and the applicable law.

7. Liability

7.1. Violating the agreement between us will result in liability unless otherwise provided here.

7.2. To the extent permitted by the applicable law, the Company and its affiliates shall not be liable for:

7.2.1. the accuracy, completeness of the Website, or its Content (as defined below);

7.2.2. the accuracy, completeness, or content of any websites linked to the Website (through hyperlinks, banner advertising, or otherwise);

7.2.3. property damage of any nature, connected with the use of the Website;

7.2.4. third-party conduct;

7.2.5. any unauthorised access to or use of Company’s servers and/or any Content, personal information or other information and data stored if such unauthorised access did not directly occur due to the Company’s conduct;

7.2.6. any interruption or cessation of access to the Website;

7.2.7. any malicious software, which may be transmitted to or from the Website or any third-party websites;

7.2.8. any loss or damage of any kind incurred as a result of your use of the Website or the Services;

7.2.9. other risks associated with the use of online platforms and websites.

7.3. To the extent permitted by the applicable law, you agree to defend, indemnify, and hold harmless the Company and its affiliates from and against all claims, damages, losses, and expenses (including attorney fees) arising from:

7.3.1. your use of the Website and the Services;

7.3.2. Content that you use, distribute, or save;

7.3.3. your violation of the agreement between us and the applicable law.

8. Force Majeure

8.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the party’s control and that a party could not foresee or prevent for objective reasons, if these circumstances prevent a party from proper fulfilment of its obligations, the term for the fulfilment of such obligations shall be extended for the period of the effect of such circumstances.

8.2. The "circumstances of insuperable force" shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, epidemics and pandemics, failure of power supply or communication system, or other similar circumstances that prevent the parties from the proper fulfilment of their obligations under this agreement between us.

9. Content, Intellectual Property, and Links

9.1. We use the Website and our social media to post content: information, texts, images, video, and audio files (“Content”).

9.2. Just like the Services, the Content is not financial, accounting, tax, legal, or any other advice, unless stated otherwise. The Company shall not be responsible for your use of the Content.

9.3. All Website’s components and Content, the Website as a whole, the Company’s accounts on social media, as well as the Company’s Telegram bot belong to the Company and are protected by the intellectual property legislation.

9.4. You cannot use our intellectual property without our direct written consent, unless such use is permitted by the law.

9.5. The Website can contain links to other websites or services, which do not belong to the Company and we do not control them. The Company shall not be responsible for the content, privacy practices, and the functioning of other websites and services. Please, read public documents of these websites and services.

10. Confidentiality

10.1. The terms of collecting, storing, processing, and transferring your personal data by the Company are provided in the Privacy Notice.

10.2. The Privacy Notice is a part of this Offer. Please make sure you read it.

10.3. Any information you provide when creating a sub-account for a legal entity and making any entries there shall be confidential. We do not ask for any official information about a legal entity for which you create a sub-account. You are free to choose any name for each sub-account.

10.4. Although the Company cannot guarantee total security of information you provide when creating and using a sub-account for a legal entity, we use our best efforts to keep it secure. In particular, we employ a 256-bit SSL encryption method and store data using secure cloud service providers.

11. Dispute Resolution

11.1. You and the Company shall attempt to resolve any disputes by negotiations.

11.2. Please contact us using the following email for said purposes: support@finmap.online.

11.3. In case we cannot resolve the dispute in 30 days from the day we start negotiations, it shall be resolved by the courts of England and Wales.

12. Term of this Agreement and its Termination

12.1. This agreement shall be in effect from the moment you accept the Offer.

12.2. After creating an Account, the legal agreement, offered in this Offer, is considered to be executed “as-is” and will continue to be in effect until (i) you have an active Account, or (ii) after it is deleted until all obligations under the agreement between us are fulfilled.

12.3. You can terminate this agreement by deleting your Account.

12.4. The Company can terminate this agreement by notifying you on the Website or by email at any time.

13. Final Provisions

13.1. The Company can change the terms of this Offer at any time. In this case, your continued use of the Website and the Services shall mean that you agree to the new terms of the Offer and a new agreement between us. We shall notify you about significant changes by posting a notification on the Website or sending you an email (if appropriate).

13.2. If any questions have not been regulated by this agreement, they shall be regulated under the applicable law.

13.3. This Offer, Privacy Notice, Newsletter Consent, Support Regulations, any other notices and disclaimers on the Website constitute the entire agreement between you and the Company regarding your use of the Services.

13.4. Should you have any questions, please contact us at support@finmap.online or using contact information available on the Website.