Read the Flare Yodlee Policy before signing up for Flare small business accounting software or other services or applications provided by Flares Inc.
Flares Inc. (Supplier) licenses Yodlee data services (Yodlee Services) for providing financial transaction downloads from banks and other financial institutions to users (Customers) of Flares applications and services. Visit flareapps.com to see all of Flares Inc. applications and services.
Yodlee Services are subject to following terms.
Use of Yodlee Services
Customers acknowledge and agree (i) that Supplier and Yodlee Services will use Customer login information to access third party sites to retrieve
Customers accounts information and financial transactions details; (ii) to grant to Supplier and Yodlee Services limited power of attorney and appropriate level of authorizations, as agents of the Customers, to access such third party internet sites to retrieve such account information and financial transactions data on behalf of customers; (iii) that third parties may rely on such power of attorney and authorization to supply Customer’s account data and financial information to Supplier and Yodlee Services; (vi) that Supplier and Yodlee Services may or may not be sponsored or endorsed by the third parties.
Customers agree not to misrepresent their identity, nor access accounts or transactions in financial institutions and accounts, for which customers are not duly authorized permission for access, by providing unauthorized login IDs and passwords. Customers agree to keep login information current, accurate and confidential. Customers represent that all third party information supplied by Customers to Supplier and Yodlee Services are pursuant to appropriate level of authorizations provided by such third parties, and owners of such information agree and consent that, Supplier and Yodlee Services may use the information for developing and marketing products and services without license or payment of any fees.
Ownership of Intellectual Properties
Customers acknowledge and agree that the Supplier and Yodlee Services own all intellectual property rights in the Services and Documentations. Except as expressly stated herein, this agreement does not grant the Customers any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation. The software, workflow processes, user interface, designs, know-how, and other technologies provided by Supplier as part of the Service are the proprietary property of Supplier and Yodlee Services, and all rights, titles and interests in and to such items, including all associated intellectual property rights, remain with their respective owners. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. All third party technology and services integrated with Supplier technology remain property of those third parties. Unless expressly approved by Supplier and Yodlee Services, Customers may not (i) sell, resell, rent or lease the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service, including, but not limited to uploading or distributing in any way files that contain viruses or corrupted files that may damage the operation of the Services; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
Customers acknowledge that Supplier and Yodlee intend to collect and use specific Customer data and aggregate profiles derived from one or more attributes of one or groups of customers to develop and market technology, products and services to Customers and third parties.
Service Level Disclaimer
The Supplier and Yodlee Services (i) are not guaranteed and are provided “as is”; (ii) give no representation, warranty of any kind, express or implied, including without limitation representations, warranties or conditions as to uninterrupted or error free or virus free service, accessibility, privacy of files, security, merchantability, quality or fitness for a particular purpose and those arising by statute or otherwise, or from a course of dealing or usage of trade; (iii) do not provide any warranty, nor take any responsibility for accuracy and completeness of data, reports, and analysis, nor for the outcome of decisions made using such data, reports and analysis; (iv) upon Customers’ requests, sole discretions and risks, used account login credentials
provided by the Customers, to access third party sites to download Customers’ account information and transactions data for Customers’ use; (V) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
Limitations of Liabilities
The Supplier, Yodlee Services and their affiliates shall not be liable (i) whether in tort, (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; (ii) for any damage caused by errors or omissions in any information, instructions or scripts provided by the Customer in connection with the Services, or any actions taken at the Customer’s direction; (iii) for any punitive, Exemplary or aggravated damages; (iv) for failure to realize expected savings or profits, loss of use or lack of availability of customer data; indirect, consequential or special damages, arising
from or in connection with the Services, regardless of whether or not customer informed or advised Supplier of the possibility of such damages; (v) for any damages whatsoever relating to third-party products, client materials or any goods or services not developed or provided by Supplier or Yodlee, or (vi) for any damages whatsoever relating to interruption, delays, errors or omission even if such interruption, delays, errors or omissions were caused by any of the Released Parties, Supplier or Yodlee.
The Customers shall defend, indemnify and hold harmless the Supplier, Yodlee and their affiliates against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Services and/or Documentation.