Terms of Service

These Terms of Service ("Terms") outline your rights and responsibilities when accessing and using our websites, web services, and mobile applications, including but not limited to Fincaster, along with any other products or services (collectively referred to as the "Site") owned and operated by BRACSTER SOFTWARE LLC.

Privacy Policy

Before using the Site, please click here to review our Privacy Policy. Any personal information you provide to us through the Site will be managed in accordance with our Privacy Policy. In the event of any conflict between these Terms and our Privacy Policy, the Privacy Policy will prevail.

Acceptance of These Terms

These Terms apply to all users of the Site, regardless of whether you have a paid membership or subscription. By accessing or using the Site, you agree to abide by these Terms, our Privacy Policy, and any additional terms referenced or linked herein. If you do not agree, you must not use the Site.

Intended Audience

The Site and the information contained within it are intended for a United States audience aged 18 and older. While we may offer products and services suitable for individuals under 18, BRACSTER SOFTWARE LLC does not intentionally market to or target children under 18 through the Site. Users under 18 should only use the Site with parental or guardian supervision. If you believe your child under 13 has provided personal information to us via the Site, please contact us immediately at privacy@fincaster.io.

Site Ownership and Content

The Site, including all its content ("Content"), is protected under applicable intellectual property and other laws, including but not limited to the laws of the United States and other countries. All Content and intellectual property rights therein are owned by BRACSTER SOFTWARE LLC or its affiliates and partners and are protected by copyright and trademark laws.

Viewing Content on the Site does not transfer any ownership rights to you. None of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means without our prior written permission, which may be withheld at our sole discretion.

You are granted permission to access and use the Site and to display, download, or print portions of the Site on a temporary basis for personal, educational, and noncommercial use, provided that (i) you do not modify the Content; (ii) you retain all copyright and other proprietary notices; and (iii) you do not copy or post the Content on any network computer or broadcast it in any media. All rights not expressly granted are reserved by BRACSTER SOFTWARE LLC.

Trademarks

The names and logos of BRACSTER SOFTWARE LLC and its affiliates, all product and service names, graphics, button icons, trademarks, service marks, and trade dress (collectively, the "BRACSTER SOFTWARE LLC Marks") appearing on the Site are owned by BRACSTER SOFTWARE LLC and its affiliates. Any other trademarks, product names, company names, logos, service marks, and trade dress mentioned on the Site are the property of their respective owners. You are not permitted to display or use the BRACSTER SOFTWARE LLC Marks or other trademarks without prior written permission.

Feedback

Any feedback you provide to us through the Site or regarding any of our products and services ("Feedback") will become our exclusive property. By submitting Feedback, you assign to us all worldwide rights, title, and interests in the Feedback, including all copyrights and intellectual property rights. We are entitled to use, copy, disclose, display, perform, distribute, improve, and modify any Feedback you submit for any purpose without restriction and without compensation to you. Please do not send us Feedback you do not wish to assign to us.

User Responsibilities

In consideration of your use of the Site, you agree to provide accurate, current, and complete personal information and to update it as necessary. You also agree to use an authorized image for your profile picture, if any. The use of company logos, advertisements, web addresses, contact information, celebrity images, or unauthorized images is prohibited.

If you create an account on the Site, you are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to change your password immediately if you believe it has been compromised.

You agree to use the Site in compliance with all applicable laws and regulations. You must not upload or transmit any harmful code, interfere with the Site’s operation, or scrape Content from the Site. We reserve the right to terminate your access to the Site if you violate these Terms.

Tools and Advice

The charts, calculators, spreadsheets, and analysis tools ("Tools") on the Site are intended for informational and educational purposes only and do not constitute financial or investment advice. BRACSTER SOFTWARE LLC recommends seeking professional advice before making financial decisions and verifying any calculations or outputs obtained from the Tools. Use the Tools and Content at your own risk. The results from Tools may not reflect the actual return of your investments. BRACSTER SOFTWARE LLC is not liable for any decisions or actions taken based on the information provided by these Tools and is not responsible for any errors or omissions.

You use the information provided at your own risk.

Links to Third-Party Websites

The Site may (a) provide links to other websites operated by third parties or (b) allow you to interact with third-party businesses, including Preferred Providers. BRACSTER SOFTWARE LLC is not responsible for the availability of those websites and does not endorse any third-party business except as expressly stated on the Site. BRACSTER SOFTWARE LLC expressly disclaims all responsibility and liability for any services, products, content, advertising, services, products, or other materials on or available from such third parties. BRACSTER SOFTWARE LLC IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, ADVERTISING, SERVICES, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES OR THEIR WEBSITES. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

BRACSTER SOFTWARE LLC has financial relationships with some of the companies, products, and services mentioned on the Site and may be compensated if users choose to follow the links pointing to those companies, products, or services.

Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Free Trial

We offer a 15-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at info@fincaster.io.

Disclaimers

BRACSTER SOFTWARE LLC makes no representations or warranties with respect to the Site or its Content, or any Tool, Feedback, information, product, or service available on or promoted through the Site, including products or services from third parties. The Site, all Tools, any Feedback, and all Content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY LAW, BRACSTER SOFTWARE LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, TOOLS, INFORMATION, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. Without limiting the generality of the foregoing, BRACSTER SOFTWARE LLC, its affiliates, and their service providers and licensors disclaim all representations and warranties of the following: (a) title, non-infringement, merchantability and fitness for a particular purpose, (b) security of the Site, (c) that the Content of the Site, Feedback, or any Tools are accurate, complete, or current, or (d) that the Site will operate securely or without interruption or error. Your use of the Site is at your own risk.

We do not represent or warrant that the Site, its servers, or any transmissions sent from us or through the Site will be free of any harmful components (including viruses).

Limitation of Liability

To the fullest extent permitted by applicable laws, we, on behalf of our owners, directors, officers, employees, agents, suppliers, licensors, and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising, including, without limitation, any direct, indirect, general, special, punitive, incidental, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site. You assume total responsibility for establishing such procedures as you consider necessary for data back up and virus checking. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis.

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed the amount you paid BRACSTER SOFTWARE LLC in the twelve (12) months immediately preceding the event giving rise to the liability.

Geographic Restrictions

The Site is intended exclusively for a United States audience. If you access the Site from a country other than the United States, your use of the Site is unauthorized and at your own risk.

Modification, Discontinuation, and Termination

We reserve the right, at any time and from time-to-time and with or without notice, to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products, and/or services available through the Site (or any part thereof). You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site.

You also agree that BRACSTER SOFTWARE LLC, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site for any reason, including, without limitation, for lack of use or if BRACSTER SOFTWARE LLC believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site for violation of any provision of these Terms may be effected without prior notice, and you acknowledge and agree that BRACSTER SOFTWARE LLC may immediately deactivate or delete your account and all related information in your account and/or bar any further use of or access to the Site. Further, you agree that BRACSTER SOFTWARE LLC shall not be liable to you or any third-party for any termination of your use of or access to the Site. If BRACSTER SOFTWARE LLC terminates your use of or access to the Site due to a violation of these Terms, BRACSTER SOFTWARE LLC will not issue any refunds to you but also will not charge your debit card again.

Waiver

Our failure at any time to require immediate performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, BRACSTER SOFTWARE LLC’ waiver of any breach of any provision of these Terms or of any right provided for herein will not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Clark County, Nevada. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, Nevada, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Indemnity

You agree to indemnify and hold BRACSTER SOFTWARE LLC, its subsidiaries, and affiliates, and their respective owners, officers, directors, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Terms of Service May Change

These Terms are current as of the effective date set forth above. BRACSTER SOFTWARE LLC reserves the right to change these Terms from time to time and as it deems necessary, including to be consistent with applicable laws. These changes will be effective as of the date we post the revised version on the Site. Your continued use of the Site after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time you choose not to accept the revised Terms, you may not access or use the Site.

Entire Agreement

These Terms, together with our Privacy Policy and any supplemental terms referenced or linked to herein, contain the entire understanding and agreement between you and BRACSTER SOFTWARE LLC with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and BRACSTER SOFTWARE LLC with respect to the Site and your use of and access to the Site.

Questions

If you have any questions about the Site or these Terms, please contact us using the following contact information:

BRACSTER SOFTWARE LLC
2620 S Maryland Pkwy #14/264
Las Vegas, NV 89109
privacy@fincaster.io