Hedgi Terms of Service
Section A
GENERAL TERMS
1. AGREEMENT
We appreciate your decision to use the Services offered by Hedgi and/or its affiliates and subsidiaries (referred to as “Hedgi,” “we,” “our,” or “us”). Please carefully read these Terms of Service (the “Agreement”). You and Hedgi have entered into a binding contract with this Agreement.
You accept this Agreement by installing, accessing, or using the Services, or by clicking “I Agree,” expressing agreement electronically. You are not permitted to use the Services if you disagree with this Agreement. The term “you” will refer to you, your company, or your client if you are a person acting on behalf of another person’s company or client in accepting these terms.
This Agreement outlines the terms that govern your use of the Hedgi Services. It includes:
· Hedgi’s Privacy Statement
· Additional terms and conditions, including those from third parties.
· Any terms that are given to you individually in connection with the Services, such as those relating to orders, activations, payment terms, data processing agreements, etc. You must be at least 18 years old to use our Services. By accessing or using our Services, you agree that:
· You can enter into a legal contract with Hedgi;
· You are not prohibited by law from receiving the Services under the laws of the United States, England, Wales, or any other applicable jurisdiction; and
· You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 Intellectual property rules including trade secret and copyright protections apply to the Services. You are only permitted to use the Services in the ways that Hedgi has specified. In regards to the Services, Hedgi retains all other rights. Hedgi now grants you a personal, limited, non-exclusive, non-transferable right and license to access and use the Services, subject to your compliance with any applicable payment requirements and this Agreement’s terms and conditions until its termination.
2.2 You hereby agree not to use the Services in any manner that contravenes any such law, regulation, or this Agreement, nor to authorize any third party to do so. You agree that you will not:
· Provide access to or give any part of the Services to any third party.
· Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
· Decompile, disassemble, or reverse engineer the Services.
· Make the Services available on any file-sharing or application hosting service.
3. PAYMENT
Unless Hedgi or a third-party affiliate specifically informs you in writing differently, the following conditions apply to Services provided on a payment or subscription basis. The product ordering and payment conditions that you were given on the website for the Services are likewise incorporated into this Agreement:
1. Payments will be billed to you in U.S. dollars, or other available currencies (plus any and all applicable taxes, including without limitation VAT, GST, and SST), as shown in the product ordering and subscription terms. Your account will be debited when you subscribe and provide your payment information, unless otherwise stated in the program ordering or payment terms on the website for the Services.
2. You must pay with one of the following:
· A valid credit card acceptable to Hedgi;
· A valid debit card acceptable to Hedgi;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or by another payment option Hedgi provides to you in writing.
4. In the event that your payment and registration information is inaccurate, out-of-date, or incomplete, and you fail to promptly update us when this information changes, we reserve the right to suspend or terminate your account and forbid you from using the Services.
5. If you do not notify us of changes to your payment method (such as the expiration date of your credit card), we may try to update your payment information by participating in programs supported by your card provider (such as updater services, recurring billing programs, etc.), and you authorize us to continue billing your account with the updated information we find out.
6. Unless the Services subscription is cancelled or canceled in accordance with this Agreement, Hedgi will automatically renew your monthly, quarterly, or annual Services at the then-current rates.
- On the website for the Services, you may find additional cancellation or renewal terms.
4. USE WITH YOUR MOBILE DEVICE
You can access Hedgi’s services through a compatible mobile device and internet access. You agree that it is your responsibility to adhere to these requirements, as well as any modifications, updates, fees, and contractual obligations you may have with your mobile device and telecommunications provider.
HEDGI MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
· YOUR PROVIDER’S PROVISION OF TELECOMMUNICATION SERVICES AND YOUR ABILITY TO ACCESS THE SERVICES AT ANY TIME OR FROM ANY PLACE;
· ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
· AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS RELATED TO THE SERVICES.
5. DATA PROCESSING AND PRIVACY
You acknowledge that Hedgi will process your personal information as outlined in our Privacy Statement when you use our Services and that Hedgi is the controller of the personal information it processes about you when you use the Services.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
1. All information that is uploaded, sent, posted, created, saved, or otherwise made available through the Services is referred to as Content. This includes, without limitation, any information that account holders (including you) contribute through their usage of the Services. You give Hedgi a worldwide, royalty-free, non-exclusive license to host and utilize your Content by making it accessible through the usage of the Services. Regularly archive your Content. Any lost or irrecoverable Content is your responsibility. You must offer all necessary and suitable cautions, details, and disclosures. Hedgi is not responsible for any Content you submit through the service.
2. You hereby agree that neither you nor any third party shall use the Services for any of the following purposes: uploading, posting, distributing, linking to, publishing, reproducing, engaging in, promoting, or transmitting any of the following:
a. Information or communications of any kind that are unlawful, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable, including without limitation behavior that is excessively violent, incites or threatens violence, encourages “flaming” others, or that could subject the poster to criminal or civil liability under any local, state, federal, or foreign law;
b. Material that might be used to impersonate someone else, falsely represent your name or qualifications, or violate someone else’s privacy; that is unfair or misleading in violation of the law; that puts someone’s safety or health at risk;
c. Investment offers, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication, or spamming or flooding, unless expressly authorized in writing by Hedgi;
d. Software or data that is disruptive or destructive, such as a virus, Trojan horse, or worm; and
e. Any content that you do not have the right to use or that you do not own without the owner’s express consent..
6.2 Usage of the Services with Restrictions. You must refrain from engaging in any actions that could be considered offensive or illegal, violate someone else’s rights, damage Hedgi’s reputation, or make Hedgi liable to third parties. They include, but are not restricted to:
· Interfering with other people’s use of the Services or any system or network, including mail bombing, broadcast, or denial of service attacks;
· Unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting;
· Accessing or using any Content prohibited under this Agreement;
· Engaging in any other activity the Services if your activities, business, products or services are objectionable, or if they promote, support, or engage in any of the restricted uses described above.
6.3 Community forums. A community forum or other social features may be available through the Services for users to communicate with one another and the general public. The Content posted on these forums is not the responsibility of Hedgi. When interacting with other users, kindly exercise respect and avoid disclosing any information you wouldn’t want the public to know. Hedgi is not liable for any content posted by users that contains hypertext links to third-party resources.
6.4 Hedgi is free to use the suggestions you make. You consent to Hedgi using your comments, ideas, and suggestions in any form, including in further updates to the Services, other goods or services, and promotional materials. You give Hedgi a license to use your feedback anyway it sees fit, which is perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid up, and royalty-free.
6.5 Material posted in the community may be reviewed by Hedgi. In order to operate the Services, to ensure adherence to this Agreement, and to comply with any law or other legal obligations, Hedgi may monitor access to or use of the Services or Content. In order to fulfill our legal duties, safeguard Hedgi or its clients, or maintain the functionality of the Services, we may share any information we deem essential. Any Material that is allegedly, or that we judge to be, unpleasant, unwanted, unsuitable, or in violation of this Agreement, may be refused to publish, removed, or disabled at Hedgi’s sole discretion.
7. ADDITIONAL TERMS
7.1 Hedgi doesn’t offer expert counsel. Hedgi does not offer professional services or advice in the areas of law, finance, accounting, taxes, health care, real estate, or other fields, unless such services are expressly included with the Services. When you require this kind of help, seek the advice of a qualified professional.
7.2 We might inform you of other Hedgi Services. Hedgi may provide you with access to additional services, goods, or promotions (“Hedgi Services”). There may be additional restrictions and charges. You can upload or enter information from your account(s), including names, addresses, phone numbers, purchases, etc., into some Hedgi Services on the Internet.
7.3 Communications. Hedgi could be obligated by law to communicate with you regarding the Services or products from third parties. You consent to Hedgi sending you these communications by email or publication on our websites..
7.4 You’ll keep track of your passwords and accept updates. You are in charge of keeping your password(s) for the Services secure, and you must notify Hedgi right away if you discover any unauthorized access to your account. Tools, utilities, enhancements, third-party apps, or general updates may be periodically added to the Services in order to improve them. You agree that you will receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT. EXCEPT AS SPECIFIED IN THIS AGREEMENT, HEDGI, ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANDABILITY, DATA LOSS, NON-INTERFERENCE WITH, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY. THE SECURITY, ABSENCE OF BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION OF DATA ARE NOT WARRANTIES MADE BY HEDGI, ITS AFFILIATES, OR ITS SUPPLIERS. ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER COMES FIRST, IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU.
8.2 HEDGI DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS, LAWS, OR REGULATIONS.
9. LIABILITY LIMITATION AND INDEMNITY. HEDGI, ITS AFFILIATES, AND SUPPLIERS’ ENTIRE LIABILITY FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HEDGI, ITS AFFILIATES, AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING, SUBJECT TO APPLICABLE LAW: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HEDGI SYSTEMS REQUIREMENTS. EVEN IF HEDGI AND ITS AFFILIATES AND SUPPLIERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE ABOVE LIMITATIONS STILL APPLY. THIS AGREEMENT DEFINES HEDGI’S AND ITS AFFILIATES’ ENTIRE LIABILITY AND YOUR SOLE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
10. You acknowledge that by using the Services or by violating this Agreement, you may expose HEDGI and its Affiliates and Suppliers to claims, liabilities, and expenses, including reasonable legal fees and costs (collectively referred to as “Claims”). HEDGI has the right to take on the exclusive defense and management of any Claims, at its sole discretion and expense. You consent to provide HEDGI with reasonable assistance as needed for the defense of any Claims.
11. CHANGES. At our sole discretion, we reserve the right to change this Agreement at any time. Changes will take effect when they are posted through the Services, on our website for the Services, or when we notify you in another way. We have the right to modify or stop offering the Services whole or in part. You must read this Agreement carefully each time we make changes because by using the Services going forward, you agree to the changes.
12. TERMINATION. Hedgi may, in its sole discretion and without prior notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, in whole or in part, effective immediately, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or deviates from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity, or unauthorized access issues, to protect the integrity or availabilities of the Services. When Hedgi notifies you that your use of the Services has been discontinued, you must stop using the Services right away, and any unpaid fees will then become due. Hedgi’s rights to any payments owed to it will not be impacted by any termination of this Agreement. A free account may be cancelled at any time by Hedgi. Even in the event that the Agreement is terminated, Sections 2.2, 3 through 15 will continue to be in force.
13. RESTRICTIONS ON TRADE AND EXPORT. You acknowledge that U.S. technical data may be subject to limitations under export control laws and regulations overseen by the United States government in the Services, including the mobile application and the underlying software. You acknowledge that the laws of the United States, England, Wales, or any other relevant jurisdiction do not forbid you or your staff from using the Services. You are not, for instance, included on any list of specially designated nationals maintained by the U.S. Treasury Department or the HM Treasury Financial Sanctions List of the United Kingdom, or are otherwise prohibited from doing so. You will not, directly or indirectly, export or re-export any portion of the Services in contravention of these laws and regulations.
14. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of England and Wales, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Hedgi’s or its Suppliers’ intellectual property rights may cause Hedgi irreparable damage for which recovery of money damages would be inadequate. You acknowledge and agree that Hedgi shall be entitled to seek (in any court of competent jurisdiction, notwithstanding the preceding clause) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or to otherwise protect Hedgi’s rights under this Agreement, in addition to any other remedies available to it.
The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales, and you agree that you will take steps to ensure that any third party bringing legal action against Hedgi based on this Agreement does so only in English courts, subject to the liability exclusions and limitations set forth in this Agreement.
Hedgi makes no claims as to the suitability or accessibility of the Services and/or their content for usage around the world. Accessing content from within nations or jurisdictions where it is unlawful is forbidden by Hedgi. You are in charge of abiding by all local laws that apply to how you use and gain access to the Services.
15. LANGUAGE. Any translation of this Agreement is offered solely for local needs. The English version of this Agreement shall take precedence over any non-English versions in the case of a conflict. The parties confirm that, in the case of a disagreement, they have specifically asked that this Agreement and any related papers be written in English.
16. GENERAL. This Agreement, together with any Additional Terms hereunder, is the complete agreement between you and Hedgi with respect to the subject matter hereof and replaces all prior agreements, understandings, and communications (whether oral or written). The impacted section of this Agreement will be deleted without affecting the remaining portions of the Agreement if any court with jurisdiction rules that any part of it is invalid. The remainder of these terms shall be legal and enforceable. The Convention on Contracts for the International Sale of Goods of the United Nations shall not be applicable to this Agreement. This Agreement cannot be assigned or transferred without Hedgi’s prior written consent.
Section B
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
The Section A Terms as well as these Additional Terms and Conditions govern your use of the services offered by Hedgi as defined in Section A Terms and detailed below (referred to as “Section B Terms”). The Section B Terms will take precedent over the Section A Terms in the event of any disagreement or inconsistency.
SERVICES.
By utilizing any of the goods or services provided by Hedgi, you come into direct contact with the Hedgi brand, which encompasses all goods and services belonging to the Hedgi family as well as the organizations offering those goods and services.
The Section B Terms also include rules that apply to your use of Hedgi generally as well as particular provisions for your use of particular products and services, in addition to the Section A Terms.
Your use of any of the following “Services,” as appropriate, is subject to the terms of the Agreement: Using an online account (each a “Hedgi Account”), businesses can carry out accounting and business tasks using the Hedgi App. Each Hedgi Account may only be used to support a single business.
1. Changes to the Services.
We retain the right to change the Services or your access to the Services at any time and for any reason. To the extent reasonably possible, we will give you reasonable notice of any material changes by posting the updates on the website that houses the Services or by sending an email to the Administrator’s (as outlined below) address.
Please be aware that we reserve the right to alter the amount of storage space offered by the Services as well as the number of times (and the maximum duration for which) you may access them in a particular time frame. We may alter the Services promptly if necessary to preserve system security or to conform to any laws or regulations, and we must notify the Administrator in writing or electronically within thirty (30) days of any material changes.
By stopping your usage of the Services affected by the modifications, you can reject any changes to the Services. Your acceptance and assent to such modifications is evidenced by your continuous use of the Services.
2. TRIAL PERIOD AND BETA FEATURES
You must acquire a license to the Services, at the current pricing, within the Trial Period if you registered for a trial use of the Services (“Trial Period”). Otherwise, you will lose any Content that you input, created in the file, posted, or uploaded during the Trial Period.
You will lose access to your Content if you don’t buy a license before the Trial Period expires.
To be clear, you will not be able to access or retrieve any of the data you uploaded or made with the Services during the trial if you decide not to buy the license to the full version of the Services after utilizing the trial version.
3. Hedgi may occasionally add new and/or updated beta features (“Beta Features”) to the Services at its sole discretion, allowing you to give feedback (fees may apply).
You acknowledge and accept that Hedgi is not required to make any Beta Features available to you, and that your usage of the Beta Features is voluntary. You are aware that once you start using Beta Features, it could be impossible to go back to a previous, non-beta version of the same or a related feature. You might not be able to return or restore data made within the Beta Feature back to the older non-beta version even if such reversion is possible. The Beta Features are offered “as is” and could have bugs or inaccuracies that lead to system failures, data corruption, or information loss from any connected device. You understand and agree that using any Beta Features is done at your own risk.
4. AUTHORIZED USE AND DISCLOSURE OF DATA. You acknowledge and agree that Hedgi may disclose your access information and account data to I your employee or agent who is listed in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for your account by adhering to the procedures required by Hedgi to provide you with access to and use of the Services. The account data will be accessible to anybody else you designated as a legitimate user of the Services, subject to the access privileges you or the system administrator granted them.
5. PERSONAL INFORMATION.
5.1 The definitions given in the European Parliament and Council Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data apply to the terms “controller,” “processor,” “data subject,” “personal data” and “processing” (and “process”) (General Data Protection Regulation).
5.2 Our Role.
5.2.1 We are a Controller of the Personal Information you submit through the Services if you are a user accessing the Services from the European Economic Area (the “EEA”).
5.3 Personal Information. You affirm and guarantee to us that:
5.3.1 You will give us the proper notification and have obtained (or will obtain) all consents and rights required for us to process the personal information in line with this Agreement and our Privacy Statement;
5.3.2 If you are giving us personal information that does not belong to you, you acknowledge that you have obtained the necessary consents and have the necessary legal justifications, as required by applicable law, for us to: (a) use and/or disclose the personal information in accordance with our Privacy Statement; and (b) move the data outside of the country of residence of such owner of the personal data, if applicable, in accordance with the provisions of this Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
5.3.3 The Hedgi Privacy Statement will take precedence over this Agreement in the event of a conflict regarding the collection, use, and/or disclosure of personal information.
You further acknowledge and consent to Hedgi’s right to share any appropriate or personal data in your account with any Other Users.
5.4 Public Content.
As a User, you might have the option to share other Users, other Hedgi clients, and other third parties with your data, Content, or data-aggregation methods (“Account Content”).
You agree to keep any personal information to yourself while sharing any Account Content.
If you have the choice to access the Account Content of another User, you understand and accept that Hedgi and that User are not in any way liable for how you use the Account Content, which is being given by the User and not by Hedgi.
5.5 Telephone numbers.
As part of your customer record, during registration, or in other ways, you may give us your phone number. You acknowledge and consent that Hedgi may utilize your phone number for “multi-factor authentication” (or “MFA”) in order to verify your identity and support account security. Hedgi may send texts to your phone number with security codes as a part of the MFA identification verification procedure. You consent to getting SMS from Hedgi that include security codes as part of the MFA procedure. Additionally, you agree that Hedgi may use the phone number you supply to send automated text messages and voicemails that have already been recorded for specific purposes, such as sending you vital reminders about how to use the Services or completing a request you made through the Services. In addition, unless you want to opt out of such marketing, Hedgi may contact you through phone on special offers or other Hedgi or third-party products or services. When you use MFA, you also agree and consent to our obtaining and using information from your mobile phone service provider solely for the purposes of confirming your identity and comparing it to information you have provided to Hedgi (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other mobile phone subscriber details).
ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.
6.1. General.
Your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “Financial Institution Login Data”), may be necessary for your use of the Services and as part of the functionality of some versions of the Services. The Services are made to enable Hedgi to access your financial institution account(s) using your financial institution login data, download and use your financial institution account data, and aggregate and combine your financial institution account data with other data. You can access and download your financial institution account data through the Services.
In the event that you misplace or forget your user name or password, you will need to contact the relevant banking institution again if you experience any issues.
You acknowledge and agree that Hedgi does not guarantee that you will be able to use the Services with your financial institution(s), and will not be held responsible in any way for any actions or inactions on the part of the financial institution(s) that prevent you from using the Services to access you. Hedgi has no control over your Financial Institution Login Data and no control over the access to your Financial Institution Account Data, except as set forth in this Agreement.
6.2 Collecting information on accounts and logins at financial institutions. Upon your acceptance of these terms and conditions, you:
6.2.1 acknowledge that by using the Services to access your financial institution account(s), Hedgi may collect, convert, store in encrypted form, and utilize your Financial Institution Login Data and Financial Institution Account Data for the provision of the Services.
6.2.2 hereby grant Hedgi permission to: (i) collect and store in encrypted form your Financial Institution Login Data; (ii) periodically access the websites of the Financial Institution(s) using your Financial Institution Login Data; (iii) download and store your Financial Institution Account Data; (iv) reformat and manipulate your Financial Institution Account Data; (v) create and provide hypertext links to your Financial Institution Account Data; and (vi) execute any additional actions that are logically required to carry out the tasks listed in this Agreement as they relate to your usage of the Service;
6.2.3 hereby represent that the financial institution(s)’ account(s) and Financial Institution Login Data belong to you, that you have the authorization to appoint, and hereby expressly do appoint, Hedgi as your agent with all necessary power and authority to use your Financial Institution Login Data and to access and retrieve your Financial Institution Account Data;
6.2.4 You acknowledge that Hedgi is not responsible for the correctness or completeness of your financial institution account data because Hedgi does not review it.
6.2.5 You agree that any informational activities or transactions carried out at the websites of any financial institution(s) are not done through the Services, and Hedgi disclaims all liability in connection with any such activities or transactions.
6.2.6 You acknowledge that when you or Hedgi access your Financial Institution account(s) using the Services, you are entirely responsible for any charges, fees, or costs related to those account(s).
6.3. Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institutions might not give Hedgi or other outside parties access to their login information or permission to access your financial institution account information through the services.; (ii) Financial Institution(s) may alter their websites without informing you or Hedgi in advance, which could impair the Service’s general functioning and delay or halt the collection of data from those websites; and (iii) your most recent transactions might not always be reflected in the account balances or other account information Hedgi presents to you through the Services because the Services refreshes your Services account data by gathering the Financial Institution Account Data either automatically or manually (depending on your Financial Institution(s) or any changes by you that may require an update). Before making any transactions or decisions based on account data presented in the Services, you should always check the last refresh date for your financial institution account(s), double-check the accuracy of the account data in the Services against the account data in your financial institution, and manually update the data as necessary.
7. DATA TRANSFER ONLINE (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
In order to facilitate certain interoperability, data integration, and data access between the Services and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the Services, you may choose to allow Hedgi to transfer your data files from the Services (the “Online Data Transfer”).
You must I have registered certain versions of the Services, (ii) have Internet access, (iii) have an active subscription to the Services, (iv) and perhaps be an active subscriber to the Ancillary Services in order to choose the Online Data Transfer option. You grant Hedgi the right and license to I host and maintain your data, (ii) use and transfer your data to the Ancillary Services, and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services if you choose the Online Data Transfer option. If you choose this option, a copy of all or some of your company’s data files will be transferred via the Internet to Hedgi’s servers. The Services will still have access to your original data files. You will have the choice to ask Hedgi to send your data to any of the supported ancillary services if you sign up for any ancillary services that support online data transfer. You give Hedgi permission to transfer your data to and from the third-party provider of any supported ancillary services in order to make those services available to you.
As part of the Service, Hedgi will support and maintain the data transmission service.
You consent to Hedgi receiving your data from the Ancillary Service through the third party provider, and Hedgi using the data in accordance with the provisions of this Agreement. You agree that Hedgi has no control over any third-party provider or any third-party ancillary services, and you acknowledge this.
Additional third party terms and conditions may apply when you utilize the ancillary service.
Please read their terms and conditions, including their privacy statement, carefully. You should not use or access the third party ancillary service or authorize the online data transfer to the third party ancillary service if you disagree with their terms and conditions.
8. USE, STORAGE, AND ACCESS OF SERVICES.
Hedgi reserves the right, at its sole discretion and with reasonable notice posted on a Hedgi website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to modify the Services, establish or change limits on the use of the Service, temporarily or permanently, including, but not limited to I the amount of storage space available on the Services and (ii) the frequency and duration of accessing the Services within a specific time frame. In order to preserve system security or to comply with laws or regulations, Hedgi may make any such modifications right away. Within thirty (30) days of the change, you will receive electronic or written notice from Hedgi. You have the choice to reject such adjustments by ceasing to use the Services that are affected by such modifications. Using the Services going forward denotes your consent and assent to such modifications. Hedgi may occasionally undertake maintenance on the Services, which could lead to errors, delays, or disruptions in service. Hedgi will make an effort to offer customers advance notice of scheduled maintenance, but it cannot guarantee it.
9. CANCELLATION
As stated in the product or product program pages, you will only be allowed to access Hedgi’s services up until the end of the subscription term after cancellation. You won’t have access to the Services any longer after the subscription term has ended. There is never a reimbursement for cancellations. Please follow the product instructions to cancel your account.
10. SOCIAL MEDIA SITES. On websites like Facebook®, Twitter®, and LinkedIn®, Hedgi may provide social media experiences that let logged-in users communicate and share material online. Any information you submit on these social media sites, including personal data, ideas, photos, and other types of content, is governed by their privacy policies and terms of service.
Please consult the relevant social media platform for more details regarding your rights and obligations with relation to this content.
11. SERVICES AND GOODS FROM THIRD PARTIES.
Hedgi may let you know about goods or services provided by third parties, including those made accessible through the Service. Hedgi may provide access to Third Party Sites or Third Party Items that are not associated with Hedgi. You are completely responsible for carefully reading each third party’s unique terms and privacy policies before using any of their products or visiting any of their websites. Even if they are advertised or distributed through our products, website, or in any other way connected to Hedgi, Hedgi is not involved with these Third Party Goods or Third Party Sites, and Hedgi neither endorses nor recommends them.
You acknowledge that the functionality of the Third Party Products, the information on their websites, and their use or disclosure of your data are exclusively the responsibility of the Third Party Providers and not Hedgi.
Hedgi disclaims all responsibility for any losses, liabilities, claims, or expenses brought on by third-party service providers, third-party goods, or third-party websites. You acknowledge and agree that using any Third Party Goods in a manner that violates the rights of Hedgi or any other party, infringes any relevant laws, regulations, or ordinances, or furthers illegal, fraudulent, or criminal activity is prohibited.
12. ACCOUNT INFORMATION SERVICES
12.1 As an alternative to manually entering this transaction information, users of the Services may choose to use Account Information Services to automatically import transaction and other information (also known as “transaction information”) into the pertinent Hedgi Account.
12.2 Hedgi LLC, 1011 Camino del Rio S Ste 150, San Diego, CA 92108, is the provider of the account information services that are detailed in section 11.3 below.
12.3 Account Information Services let you link specific bank or other payment accounts you have (“account”) with your Hedgi Account to have transaction data from those accounts imported automatically. Our solution automatically and securely retrieves your transaction information once we have established a connection with your bank.
Your saved online banking login information will be used by us to connect to your bank and download your transaction information each time you sign into your Hedgi Account so that you always have the most recent information.
It’s possible that we’ll ask for more credentials from you, like those from a multi-factor authentication device. We will process the transaction information obtained from your bank and present this to you via your Hedgi Account and, where relevant, any Additional Users that have been granted access to your Hedgi Account in accordance with clause 19 or, if you have granted your accountant access to your Hedgi Account via Hedgi for Accountants, your accountant or financial advisor.
12.4 If you have a complaint relating to the Account Information Services, you can contact us by telephone on +1-619-677-6775
12.5 Hedgi can, at its own discretion, block your account in case of any risk or event that can affect the security of your credentials or of your account content, it being specified that you will be informed as soon as possible in case such action has been taken.
12.6 In the event of any conflict with any other provision of this Agreement, the provisions of this Section 11 shall prevail as regards the provision of the regulated activity of Account Information Services.
12.7 The Agreement related to the provision of Account Information Services is entered into for an indefinite period of time. It shall enter into force as from the time you agree to it.
