Last Updated: January 2025
Welcome to Finlana! These Terms of Service ("Terms") constitute a legally binding agreement between you, the end user ("User," "you," or "your"), and Finlana ("Finlana," "we," "our," or "us"), governing your access to and use of the Finlana website and our AI-powered wealth management services, features, and functionalities made available through the Site (collectively, the "Services").
By accessing or using the Site and Services, you hereby:
If you do not agree to these Terms, you may not access or use our Services.
Finlana provides an AI-powered wealth management platform designed to assist users in generating, customizing, and managing investment portfolios. Our Services may include, but are not limited to:
Finlana continuously modifies and improves its Services. We reserve the right to introduce new features, modify existing ones, or discontinue any part of our Services at any time, with or without notice.
Service Tiers:
To access and use certain features of the Services, you may be required to create an account. You agree to:
Finlana is not liable for any loss or damage arising from your failure to comply with these requirements.
a. User Input and Output:
"Input" means any financial information, investment preferences, or other content you provide to the Services. "Output" means the investment recommendations, portfolio allocations, and related content generated by Finlana's Services in response to your Input.
As between you and Finlana, and to the extent permitted by applicable law, you retain ownership of your Input. Subject to your compliance with these Terms, Finlana grants you full ownership rights to the Output generated specifically for you through your use of the Services. You are free to use such Output for any lawful purpose, including commercial purposes.
b. Finlana's License to Your Content:
You grant Finlana a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process your Input and Output solely for the purpose of providing, maintaining, and improving the Services for your benefit. This includes troubleshooting, quality assurance, and developing features directly related to your user experience.
c. Restrictions on Use of User Content for General AI Model Training:
Finlana shall not use, retain, or access your Input or the Output generated for you for the purposes of training, fine-tuning, or improving its general, underlying machine learning models or artificial intelligence systems that serve other users, unless you explicitly opt-in to such a program. Your content will be treated as confidential in this regard.
d. Finlana's Intellectual Property:
The Services, including the Site, underlying AI models, algorithms, software, design, text, graphics, logos, and other content created by Finlana (excluding your Input and Output as defined above) are the property of Finlana or its licensors and are protected by intellectual property laws. You are granted no rights in or to such proprietary technology and content except as expressly set forth in these Terms.
e. Non-Exclusivity of Output:
Due to the nature of generative AI, it is possible that the Services may generate the same or similar Output for Finlana or a third party if they provide similar Input. You acknowledge that Output generated for other users is not considered your Output.
You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You specifically agree not to:
Finlana reserves the right to investigate and take appropriate remedial action, including but not limited to suspending or terminating your account and access to the Services, without notice, for conduct that we believe violates these Terms or is harmful to Finlana, other users, or third parties.
a. Fees: Certain aspects of the Services are provided for a fee. Users agree to pay the applicable management fees, which are calculated as a percentage of assets under management. All applicable fees will be described on our Site or at the point of purchase/subscription.
b. Payment Processing: Payments are processed through a third-party payment processor. By providing your payment information, you authorize us and our payment processor to charge the applicable fees. Finlana does not store your full payment card information. You agree to be bound by the terms and conditions of our third-party payment processor.
c. Subscriptions: Subscriptions are billed on a monthly basis and will automatically renew at the end of each monthly subscription period unless you cancel it in accordance with the cancellation policy.
d. Price Changes: We reserve the right to change our prices. We will provide you with reasonable notice of any price changes, typically at least 30 days before the changes take effect.
e. Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.
a. Cancellation: You may cancel your subscription at any time through your account settings on the Site or by contacting us at info@finlana.com. Your cancellation will take effect at the end of the current monthly billing cycle, and you will retain access to the paid features until then. No further charges will be made after the effective cancellation date.
b. Refunds: UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR AT FINLANA'S SOLE DISCRETION, ALL FEES PAID ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS, UNUSED SERVICES, OR UNUSED FEATURES.
a. By You: You may terminate these Terms at any time by ceasing all use of the Services and deleting your account, if applicable.
b. By Finlana: We reserve the right to suspend or terminate your access to the Services, in whole or in part, at our discretion, with or without notice, if we believe you have:
c. Effect of Termination: Upon termination, your right to access and use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination will survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability). Finlana may, at its discretion, delete any of your content upon termination.
Important Risk Warning:
All investments carry risks. The value of investments can fall as well as rise. Past performance is not indicative of future results. You may lose your entire invested capital.
a. "AS IS" SERVICE: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
b. AI OUTPUT ACCURACY: YOU ACKNOWLEDGE THAT THE INVESTMENT RECOMMENDATIONS AND PORTFOLIO ALLOCATIONS (COLLECTIVELY "OUTPUT") GENERATED BY THE AI SYSTEM ARE CREATED BY AN ARTIFICIAL INTELLIGENCE SYSTEM. WHILE WE STRIVE FOR ACCURACY AND USEFULNESS, FINLANA DOES NOT WARRANT THAT THE OUTPUT WILL BE ACCURATE, COMPLETE, ERROR-FREE, SECURE, SUITABLE FOR YOUR SPECIFIC NEEDS, OR FIT FOR ANY PARTICULAR PURPOSE. THE OUTPUT MAY CONTAIN ERRORS, OMISSIONS, OR VULNERABILITIES.
c. USER RESPONSIBILITY: YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, TESTING, VALIDATING, AND IMPLEMENTING ANY OUTPUT, INCLUDING ANY GENERATED INVESTMENT RECOMMENDATIONS. YOU AGREE TO USE THE OUTPUT AT YOUR OWN RISK AND ACKNOWLEDGE THAT FINLANA IS NOT LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE OUTPUT, INCLUDING BUT NOT LIMITED TO INVESTMENT LOSSES OR POOR PORTFOLIO PERFORMANCE. YOU ARE RESPONSIBLE FOR ENSURING ANY INVESTMENT DECISIONS COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
d. NO GUARANTEE OF UNINTERRUPTED SERVICE: WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DATA LOSS MAY OCCUR. YOU ARE RESPONSIBLE FOR BACKING UP YOUR CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FINLANA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FINLANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
IN NO EVENT SHALL FINLANA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO FINLANA FOR THE USE OF THE PAID SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Finlana, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, privacy, or property right; or (iv) any claim that your Input or use of Output caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
These Terms shall be governed by and construed in accordance with German law. Any disputes shall be resolved in the courts of Berlin, Germany.
Finlana reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be provided via email to the address associated with your account or by posting a notice on our Site. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated herein by reference. We implement reasonable security measures to protect your information, but we cannot guarantee absolute security.
The Services may integrate with or allow you to access third-party websites, services, or resources (e.g., payment processors, financial institutions, APIs). You acknowledge that Finlana does not endorse and is not responsible or liable for the availability, accuracy, content, products, or services of such third parties. You are solely responsible for your use of any such third-party services and for complying with their terms and privacy policies.
a. Entire Agreement: These Terms (including the Privacy Policy and any other documents incorporated by reference) constitute the entire agreement between you and Finlana concerning your use of the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
b. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
c. No Waiver: The failure of Finlana to enforce any right or provision of these Terms will not be considered a waiver of those rights.
d. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Finlana's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Finlana may assign or transfer these Terms, at its sole discretion, without restriction.
e. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Finlana (i) via email (to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms, please contact us at:
Finlana
Email: info@finlana.com
(A company operating under German law)