Welcome to FinCENFiling.ai. By making a payment on our platform, you agree to the following Terms and Conditions. These Terms and Conditions are a legally binding agreement between you (the “User”) and FinCENFiling.ai (“Company”, “we”, “our”, or “us”). Please read them carefully before proceeding with your payment.
Payment Terms
1.1. Payment Authorization:
By submitting your payment information, you authorize FinCENFiling.ai to charge the specified amount to your credit card or other payment method provided.
1.2. Final Payment:
All payments made through our platform are final. Once a payment has been processed, it is non-refundable. We do not offer refunds or credits for any reason, including but not limited to the submission of incorrect information or changes in the User’s circumstances. By agreeing to these terms, you acknowledge that all sales are final.
1.3. Age Requirements:
If you are a sole proprietor and are not old enough to enter into a contract on your own behalf (commonly but not always 18 years old), but you are 13 years old or older, your Representative must be your parent or legal guardian. If you are a legal entity that is owned, directly or indirectly, by an individual who is not old enough to enter into a contract on their own behalf, but the individual is 13 years old or older, your Representative must obtain the consent of either your board or an authorized officer. The approving board, authorized officer, parent, or legal guardian is responsible to Stripe and is legally bound to this Agreement as if it had agreed to this Agreement itself. You must not use the Services if you are under 13 years of age.
1.4. Representations and Warranties:
You represent as of the Effective Date, and warrant at all times during the transaction, that:
(a) you have the right, power, and ability to enter into and perform under this Agreement;
(b) you are a registered business with the United States (which may be a sole proprietor) or a non-profit organization;
(c) you have, and comply with, all necessary rights, consents, licenses, and approvals for the operation of your business and to allow you to access and use the Services in compliance with this Agreement and Law;
(d) your employees, contractors, and agents are acting consistently with this Agreement;
(e) your use of the Services does not violate or infringe upon any third-party rights, including IP Rights, and you have obtained, as applicable, all necessary rights and permissions to enable your use of Content in connection with the Services;
(f) you are authorized to initiate settlements to and debits from the User Bank Accounts;
(g) you comply with Law with respect to your business, your use of the Services and Stripe Technology, and the performance of your obligations in this Agreement;
(h) you comply with the Documentation;
(i) you are not engaging in activity that any Financial Partner identifies as damaging to its brand;
(j) you do not use the Services to conduct a Restricted Business, transact with any Restricted Business, or enable any individual or entity (including you) to benefit from any Restricted Business;
(k) all information you provide is accurate and complete.
Credit Card Disputes
2.1. No Chargebacks:
By using our payment platform, you agree not to initiate any chargebacks or disputes with your credit card company for any payments made. You understand that initiating a chargeback violates these Terms and Conditions.
2.2. Resolution Process:
If you have any issues or concerns regarding your payment, you agree to contact FinCENFiling.ai directly to resolve the matter. We will make every effort to address and resolve any payment issues in a timely and satisfactory manner.
User Responsibilities
3.1. Accurate Information:
The User is responsible for providing accurate and complete payment information. FinCENFiling.ai is not responsible for any issues arising from incorrect or incomplete payment details.
3.2. Compliance Obligations:
The User must ensure that all information provided for compliance filings is accurate and truthful. FinCENFiling.ai will not be liable for any penalties, fees, or other consequences resulting from incorrect or misleading information provided by the User.
Service Provision
4.1. Service Scope:
FinCENFiling.ai provides document filing services as described on our website. We do not guarantee the approval or acceptance of any filings by government agencies. Our responsibility is limited to accurately processing and submitting the documents as per the information provided by the User.
4.2. Delivery Timeframes:
We strive to process and submit filings promptly. However, we are not responsible for any delays caused by government agencies, postal services, or other factors beyond our control.
4.3. Important Notice:
The services offered by this advertisement are available to businesses through FinCENFiling.ai. You are not required to purchase anything from this company and the company is NOT affiliated, endorsed, or approved by any government entity. FinCENFiling.ai is a convenience document processing company which offers services directly to businesses.
Limitation of Liability
5.1. Liability Cap:
To the maximum extent permitted by law, FinCENFiling.ai’s total liability to the User for any claim arising out of or in connection with these Terms and Conditions, whether in contract, tort, or otherwise, shall not exceed the amount paid by the User for the specific service giving rise to the claim.
5.2. Indirect Damages:
FinCENFiling.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with these Terms and Conditions.
Data Privacy
6.1. Data Processing:
By using our services, you acknowledge and agree that your personal data may be held and processed by third-party service providers for the purpose of processing payments and fulfilling our contractual obligations.
6.2. Data Security:
FinCENFiling.ai is committed to protecting your personal data and will take all reasonable measures to ensure its security. We comply with applicable data protection laws and regulations.
6.3. Data Deletion:
At your request, FinCENFiling.ai will destroy and remove any personal data held by us. You can make such a request by contacting us at [email protected].
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law principles. Any disputes arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
Amendments
FinCENFiling.ai reserves the right to amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised Terms and Conditions on our website. Your continued use of our payment platform following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at: [email protected]
Disclaimer and Limitations on Liability
The following disclaimer and limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
10.1. Disclaimer:
FinCENFiling.ai provides the Services and related technology “AS IS” and “AS AVAILABLE”. Except as expressly stated as a “warranty” in this Agreement, and to the maximum extent permitted by Law, FinCENFiling.ai does not make any, and expressly disclaims all, express and implied warranties and statutory guarantees with respect to its performance under this Agreement, the Services, the technology, and the documentation, including as related to availability, the implied warranties of fitness for a particular purpose, merchantability, and non-infringement, and the implied warranties arising out of any course of dealing, course of performance, or usage in trade. FinCENFiling.ai is not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to hacking, tampering, or other unauthorized access or use of the Services, your account, or protected data, or your failure to use or implement anti-fraud or data security measures. Further, FinCENFiling.ai is not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to (a) your access to, or use of, the Services in a way that is inconsistent with this Agreement or the documentation; (b) unauthorized access to servers or infrastructure, or to data; (c) service interruptions or stoppages; (d) bugs, viruses, or other harmful code that may be transmitted to or through the Service; (e) errors, inaccuracies, omissions or losses in or to any data; (f) content; or (g) your or another party’s defamatory, offensive, fraudulent, or illegal conduct.
10.2. Limitations on Liability:
(a) Indirect Damages: To the maximum extent permitted by Law, FinCENFiling.ai will not be liable to you or your affiliates in relation to this Agreement or the Services during and after the Term, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or FinCENFiling.ai have been advised of their possibility.
(b) General Damages: To the maximum extent permitted by Law, FinCENFiling.ai will not be liable to you or your affiliates in relation to this Agreement or the Services during and after the Term, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of fees you paid to FinCENFiling.ai (excluding all pass-through fees levied by financial partners) during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $500 USD.
Dispute Resolution; Agreement to Arbitrate
11.1. Governing Law: The laws of the state of Delaware will govern this Agreement, without giving effect to its conflict of law principles.
11.2. Binding Arbitration:
(a) All disputes, claims, and controversies, whether based on past, present, or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation, or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim, or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s IP Rights (which will be resolved in litigation before the United States District Court for the District of Delaware), will be determined by binding arbitration in Wilmington, Delaware before a single arbitrator.
(b) The American Arbitration Association will administrate the arbitration under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 USD (excluding interest, attorneys’ fees, and arbitration fees and costs). Where no party’s claim exceeds $25,000 USD (excluding interest, attorneys’ fees, and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply.
(c) The arbitrator will apply the substantive law of the State of Delaware and of the United States, excluding their conflict or choice of law rules.
(d) Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
(e) The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this Section 11 referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted in accordance with this Agreement.
11.3. Arbitration Procedure:
(a) A party must notify the other party of its intent to commence arbitration prior to commencing arbitration. The notice must specify the date on which the arbitration demand is intended to be filed, which must be at least 30 days after the date of the notice. During this time period, the parties will meet for the purpose of resolving the dispute prior to commencing arbitration.
(b) Subject to Section 11.3(a) of these General Terms, each party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, stating the subject of the dispute and the relief requested.
(c) Subject to the disclaimers and limitations of liability stated in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Delaware. In making a determination, the arbitrator will not have the authority to modify any term of this Agreement. The arbitrator will deliver a reasoned, written decision with respect to the dispute to each party, who will promptly act in accordance with the arbitrator’s decision. Any award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Wilmington, Delaware. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review.
(d) In accordance with the AAA Rules, the party initiating the arbitration is responsible for paying the applicable filing fee. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or relating to this Agreement, the arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
11.4. Confidentiality:
The parties will keep confidential the existence of the arbitration, the arbitration proceeding, the hearing, and the arbitrator’s decision, except (a) as necessary to prepare for and conduct the arbitration hearing on the merits; (b) in connection with a court application for a preliminary remedy, or confirmation of an arbitrator’s decision or its enforcement; (c) FinCENFiling.ai may disclose the arbitrator’s decision in confidential settlement negotiations; (d) each party may disclose as necessary to professional advisors that are subject to a strict duty of confidentiality; and (e) as Law otherwise requires. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as Law requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
11.5. Conflict of Rules:
In the case of a conflict between the provisions of this Section 11 and the AAA Rules, the provisions of this Section 11 will prevail.
11.6. Class Waiver:
To the extent Law permits, any dispute arising out of or relating to this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Notwithstanding any other provision of this Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.
11.7. No Jury Trial:
If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
Modifications to this Agreement:
FinCENFiling.ai may modify all or any part of this Agreement at any time by posting a revised version of the modified General Terms (including the introduction to this Agreement and the Definitions), Services Terms, or terms incorporated by reference on the FinCENFiling.ai Legal Page or by notifying you. The modified Agreement is effective upon posting or, if FinCENFiling.ai notifies you, as stated in the notice. By continuing to use Services after the effective date of any modification to this Agreement, you agree to be bound by the modified Agreement. It is your responsibility to check the FinCENFiling.ai Legal Page regularly for modifications to this Agreement.