Finotive Pay Terms of Service

Last Updated: 4^th October 2023

1. Acceptance of Terms

Welcome to Finotive Pay. These Terms of Service ("Terms") govern your use of our payroll and related services (collectively, the "Services") provided by Finotive Pay. By using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the www.finotivepay.com website (the “Platform” or “Finotive Pay Platform”) operated by Finotive Pay kft. ("Finotive Pay", "us", "we", or "our"). For purposes of these Terms, “you” and “your” means you as a user of the Services. We may update these Terms by posting an updated version to our website (“Site”) here

Your access to and use of the services (the “Services”) we make available to you on the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services. By accessing or using the Services, you agree to be bound by these Terms and to receive all communications and notices from us electronically. If you disagree with any part of the Terms, then you do not have our permission to access the Service. If you have questions about these Terms, contact our Customer Support team by submitting a request here before accessing the Services.

If you are accessing or using the Services on behalf of a business or other legal entity (“Business”), (i) you represent that you are authorized to enter into, and bind the Business to these Terms and register for the Services; and (ii) the Business is legally and financially responsible for your access to and use of the Services, as well as for the use of the Services by others affiliated with you, including any employees, agents or contractors.

2. Service Description

2.1 Finotive Pay enables businesses to seamlessly manage relationships with local and international independent contractors. You may register to the Platform as either a “Contractor” or “Client”. Depending on the designation of your account, different Services may be available to you. Certain Services may also only be available subject to the payment of such fees detailed on the Platform.

Client and Contractor Management Services

Clients use Finotive Pay to seamlessly onboard Contractors to their accounts payable systems, conduct vendor due diligence, guide them on compliance in regards to tax and labour regulations, execute agreements and produce statements of work, and simplify the process of making payments to Contractors (“Client Management Services”).

Contractors use Finotive Pay to easily connect with their clients, memorialize contract terms, store payment and bank account preferences, and unify payment flows through a single platform (“Contractor Management Services”).

How it works:

Registration is free.
Finotive Pay collects compliance information from Contractors on behalf of Clients.
Clients pay a monthly fee, fixed fee, or per active contract fee and a percentage fee of the volume paid out, as further set forth on the Finotive Pay Platform.
Finotive Pay’s Contract generation tool allows Users to set memorialize timelines, deliverables, fees, and acceptance criteria.
Clients and Contractors agree that the acceptance criteria have been met.
Clients make payments to Contractors through the Finotive Pay Platform using supported payment methods.
Finotive Pay makes payouts to Contractors.
Contractors receive owed funds after every payout until the contract is terminated by either Client or Contractor.
In the event that the contract is a milestone contract, the contract will continue until it is terminated.

Consultant Services

Clients may also use Finotive Pay to receive the services of specialized consultants engaged by Finotive Pay (“Consultants”) for the provision to Clients of certain human resource and other related services (“Consultant Services”). The receipt of any Consultant Services is subject to the execution of a separate agreement between the Client and Finotive Pay, as set forth on the Finotive Pay Platform (“Consultant Services Agreement”). In the event of a conflict between the Consultant Services Agreement and these Terms, the provisions of the Consultant Services Agreement shall prevail.

2.2 We may update, modify, or discontinue any aspect of the Services at any time without notice.

3. Account Registration

3.1 You may need to register for an account to access and use certain features of our Services. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 You must promptly notify us of any unauthorized use or security breaches of your account.

3.3. We make the Platform and the Services exclusively available to Users 18 years of age or older.

3.4. You must be a human to open an Account. Accounts registered by “bots” or other automated methods are not permitted.

3.5. You may not maintain more than one Account at a time.

3.6. By applying for an Account and using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.

3.7. If you do not meet these requirements, you may not access or use the Services or apply for an Account. Finotive Pay may refuse to provide open an Account for any individual or entity at its sole discretion.

4. Fees and Payments

4.1 Except for Finotive Pay’s role as a limited payment agent for Contractors, Finotive Pay does not and will not provide banking, deposit taking, stored value, escrow, insurance or any other financial service to Users. To facilitate payments through the Service, Finotive Pay partners with a variety of Payment Service Providers, including payment gateways, money transmitters, wallet providers, credit and debit card payment processors, merchant acquirers, and merchant acquiring banks.

4.2 Depending on your location, some payment methods may not be available to you, and we cannot guarantee that you will be able to use any payment method in connection with the Services even in locations where your preferred payment method is available for use.

4.3 Depending on the desired payment method, Users may be required to enter into a separate agreement with the applicable Payment Service Provider (“Payment Service Provider Agreement”).

4.4 Your use of any payment method is subject to the terms and conditions of the applicable Payment Service Provider’s rules and regulations and your agreement with them, and we will not be liable to you for any losses you suffer in connection with your use of any third-party payment services.

5. Privacy

5.1 Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in our Privacy Policy.

6. Intellectual Property

6.1 Finotive Pay retains all rights, title, and interest in and to the Services, including all intellectual property rights.

6.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purpose.

7. Termination

7.1 We may terminate or suspend your Account and bar access to the Services immediately, without prior notice or liability to you, in our sole discretion, for any reason whatsoever. Grounds for such termination or suspension may include:

(i) extended periods of inactivity;

(ii) breach of these Terms;

(iii) fraudulent, harassing, or abusive behaviour;

(iv) behaviour that is illegal or harmful to other Users, third parties or business interests of Finotive Pay;

(v) termination, suspension or expiration of any Consultant Services Agreement for any reason, as applicable, or

(vi) failure to make payment in accordance with the terms hereof or any Consultant Services Agreement. If your Account is terminated, you may not rejoin the Platform again without our express permission.

7.2 Upon termination of your Account, you shall not have any further access to any Content that may be available through your Account.

8. Disclaimer of Warranties

8.1 The Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

9. Limitation of Liability

9.1 Finotive Pay is not an intermediary, advisor, agent or third party to Users with regard to any Contracts, and we take no responsibility for the quality or adequacy of any Deliverables or services performed, User disputes and or content posted to the Platform by Users.

9.2 Finotive Pay assumes no liability for any acts or omissions of any Contractor, Contractor's failure to provide the services to the Client, or Client's failure to pay amounts owed to a Contractor; and the Contractor acknowledges that Finotive Pay’s obligation to pay the Contractor as the Contractor’s Payment Agent is subject to and conditional upon Finotive Pay ‘s actual receipt of payment from the Client.

10. Governing Law

10.1 These Terms are governed by and construed in accordance with the laws of Hungary.

11. Changes to Terms

11.1 Finotive Pay may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website or through other appropriate means.

12. Contact Information

12.1 For questions or concerns about these Terms or our Services, please contact us at [email protected].

13. Cancellation Policy

Subscription Duration

13.1 Subscriptions are valid for a maximum period of 12 months.

13.2 Auto-renewals will occur unless otherwise specified.

Auto-Renewals

13.3 Subscribers who wish to cancel auto-renewals must provide notice via email.

13.4 Notification of intent to cancel auto-renewal must be received at least 7 days before the next payment date.

Subscriber Notification

13.5 The end-customer will be notified of upcoming subscription renewals via email.

13.6 Notification will be sent at least 7 days prior to the renewal date.

13.7 Subscribers will have the opportunity to opt-out of renewal through the provided notification. Please refer to the email communication for specific instructions.

Website Notification

13.8 The subscription cancellation policy is available for review on our website.

13.9 Subscribers are encouraged to refer to the website for detailed information regarding our cancellation policy and procedures.

14. Prohibited Activity List

Prohibited User Activities:

Activities that relate to transactions that are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card.
Activities that relate to transactions that are associated with the sale of traveller’s checks or money orders.
Activities that relate to transactions that are by payment processors to collect payments on behalf of merchants.
Activities that relate to transactions that are for the sale of certain items before the seller has control or possession of the item.
Activities that relate to transactions that involve certain credit repair, debt settlement services, credit transactions or insurance activities.
Activities that relate to transactions that involve offering or receiving payments for the purpose of bribery or corruption.
Activities that relate to transactions that show the personal information of third parties in violation of applicable law.
Activities that relate to transactions that support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs.
Activities violating any law, statute, ordinance or regulation Firearms.
Transactions involving ammunition, firearms, or certain firearm parts or accessories.
Transactions involving auctions including online auctions and motor vehicles.
Transactions involving bearer share companies.
Transactions involving certain sexually oriented materials or services such as pornographic solicitation or material including telephone, pictures, books, movies, t-shirts, internet adult sites, etc.
Transactions involving charities.
Transactions involving cigarettes.
Transactions involving consulates, diplomatic missions, economic citizenship or citizenship by investment programs.
transactions involving crowdfunding, penny stocks or microcap securities.
Transactions involving drug paraphernalia.
Transactions involving items that are considered obscene.
Transactions involving items that encourage, promote, facilitate or instruct others to engage in illegal activity.
Transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.
Transactions involving narcotics, steroids, cannabis, certain controlled substances or other products that present a risk to consumer safety.
Transactions involving precious metals dealers that purchase metals from pawnbrokers and other secondary sources;
Transactions involving scholarship programs, universities and students for online tuition solutions.
Transactions involving shipping and general trading companies operating in free trade zones;
Transactions involving stolen goods including digital and virtual goods.
Transactions involving the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime.
Transactions involving weapons or knives regulated under applicable law.
Transactions that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

Prohibited Uses:

Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, Accounts registered to other Users, or the computer systems or networks connected to the Services;
Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
Use the Services for illegal, harassing, unethical, or disruptive purposes;
Violate any applicable law or regulation in connection with your access to or use of the Services;
Use or access another User’s account or password without permission; or
Access or use the Services in any way not expressly permitted by these Terms or any Consultant Services Agreement.

By using Finotive Pay's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.