Thank you for selecting the Services offered by Strix Inc Private Limited. and/or
its subsidiaries and affiliates (referred to as "Strix", "we", "our", or "us").
Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal
agreement between you and Strix. By clicking “I Agree,” indicating acceptance
electronically, or by installing, accessing or using the Services, you agree to this
Agreement. If you do not agree to this Agreement, then you may not use the Services.
If you are an individual acting on your company’s or client’s behalf, you accept
these provisions on their behalf and the term “you” will refer to you, your company,
or your client.
This Agreement describes the terms governing your use of the Strix Services. It
includes by reference:
This Agreement describes the terms governing your use of the Strix Services. It
includes by reference:
Strix's Privacy Statement
Additional terms and conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program
terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our
Services you agree that:
You can form a binding contract with Strix;
You are not a person who is prohibited from receiving the Services under the
laws of the Nepal, or any other applicable jurisdiction;
You will comply with this Agreement and all applicable local, state, national,
and international laws, rules, and regulations, including import and export
regulations.
2.1. The Services are protected by copyright, trade secret, and other
intellectual property laws. You are only granted the right to use the Services and
only for the purposes described by Strix. Strix reserves all other rights in the
Services. Until termination of this Agreement and as long as you meet any applicable
payment obligations and comply with this Agreement, Strix grants to you a personal,
limited, nonexclusive, nontransferable right and license to use the Services.
2.2. You agree not to use, nor permit any third party to use, the Services in
a manner that violates any applicable law, regulation or this Agreement. You agree
you will not:
2.2.1. Provide access to or give any part of the Services to any third
party.
2.2.2. Reproduce, modify, copy, sell, trade, lease, rent or resell the
Services.
2.2.3. You Decompile, disassemble, or reverse engineer the Services.
2.2.4. Make the Services available on any file-sharing or application
hosting service.
3.1. For Services offered on a payment or subscription basis, the following
terms apply, unless Strix or its third party affiliate notifies you otherwise in
writing. This Agreement also incorporates by reference and includes program ordering
and payment terms provided to you on the website for the services:
3.1.1. Payments will be billed to you in Rupees, or other currencies
which may be made available (plus any and all applicable taxes, including
without limitation VAT), as shown in the product ordering and subscription
terms, and your account will be debited when you subscribe and provide your
payment information, unless stated otherwise in the program ordering or
payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to Strix;
A valid debit card acceptable to Strix;
3.1.2 Sufficient funds in a checking or savings account to cover an
electronic debit of the payment due; or by another payment option Strix
provides to you in writing.
3.2. If your payment and registration information is not accurate, current,
and complete and you do not notify us promptly when such information changes, we may
suspend or terminate your account and refuse any use of the Services.
3.3. If you do not notify us of updates to your payment method (e.g., credit
card expiration date), to avoid interruption of the Services, we may participate in
programs supported by your card provider (e.g., updater services, recurring billing
programs, etc.) to try to update your payment information, and you authorize us to
continue billing your account with the updated information that we obtain.
3.4. Strix will automatically renew your monthly, quarterly, or annual
Services at the then-current rates, unless the Services subscription is cancelled or
terminated under this Agreement.
3.5. Additional cancellation or renewal terms may be provided to you on the
website for the Services.
4.1. Use of these Services may be available through a compatible mobile
device, Internet access and may require software. You agree that you are solely
responsible for these requirements, including any applicable changes, updates and
fees as well as the terms of your agreement with your mobile device and
telecommunications provider.
4.2. STRIX MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED AS TO:
4.2.1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER
AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
4.2.2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION
SERVICES; AND
4.2.3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO
TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES
5.1. Data Processing and Privacy.
5.1.1. Strix is the controller of the personal information it processes
about you when you use the Services and
5.1.2. You acknowledge that Strix will process your personal information
as described in our Privacy Statement when you use our Services.
6.1. Responsibility for Content and Use of the Services.
6.1.1. Content includes any data, information, materials, text, graphics,
images, music, software, audio, video, works of authorship of any kind, that are
uploaded, transmitted, posted, generated, stored or otherwise made available
through the Services ("Content"), which will include without limitation any
Content that account holders (including you) provide through your use of the
Services. By making your Content available through your use of the Services, you
grant Strix a worldwide, royalty-free, non-exclusive license to host and use
your Content. Archive your Content frequently. You are responsible for any lost
or unrecoverable Content. You must provide all required and appropriate
warnings, information and disclosures. Strix is not responsible for any of your
Content that you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload,
post, distribute, link to, publish, reproduce, engage in, promote or transmit
any of the following:
6.1.2. Illegal, fraudulent, defamatory, obscene, pornographic, profane,
threatening, abusive, hateful, harassing, offensive, inappropriate or
objectionable information or communications of any kind, including without
limitation conduct that is excessively violent, incites or threatens violence,
encourages "flaming" others or criminal or civil liability under any local,
state, federal or foreign law;
6.1.3. Content that would impersonate someone else or falsely represent
your identity or qualifications, or that may constitute a breach of any
individual’s privacy; is illegally unfair or deceptive, or creates a safety or
health risk to an individual or the public;
6.1.4. Except as permitted by Strix in writing, investment opportunities,
solicitations, chain letters, pyramid schemes, other unsolicited commercial
communication or spamming or flooding;
6.1.5. Virus, Trojan horse, worm or other disruptive or harmful software
or data; and
6.1.6. Any Content that you do not own or have the right to use without
permission from the intellectual property rights owners thereof.
6.2. Restricted Use of the Services.
6.2.1. You shall not, and shall not permit any users of the Services
or any other party to, engage in, solicit, or promote any activity that is
objectionable or may be illegal, violates the rights of others, is likely to
cause notoriety, harm or damage to the reputation of Strix or could subject
Strix to liability to third parties, including:
6.2.1.1. unauthorized access, monitoring, interference with, or
use of the Services or third party accounts, data, computers, systems or
networks;
6.2.1.2. interference with others’ use of the Services or any
system or network, including mail bombing, broadcast or denial of
service attacks;
6.2.1.3. unauthorized collection or use of personal or
confidential information, including phishing, pharming, spidering, and
harvesting;
6.2.1.4. viewing or other use of any Content that, in Strix’s
opinion, is prohibited under this Agreement;
6.2.1.5. any other activity that places Strix in the position of
fostering, or having potential or actual liability for, illegal activity
in any jurisdiction; or
6.2.1.6. attempting to probe, scan, penetrate or test the
vulnerability of an Strix system or network or to breach Strix’s
security or authentication measures, whether by passive or intrusive
techniques. Strix reserves the right to not authorize and may terminate
your use of the Services based on reasonable suspicion of your
activities, business, products or services that are objectionable or
promote, support or engage in any of the restricted uses described
above.
6.3. Community forums.
6.3.1. The Services may include a community forum or other social
features to exchange Content and information with other users of the Services
and the public. Strix does not support and is not responsible for the Content in
these community forums. Please use respect when you interact with other users.
Do not reveal information that you do not want to make public. Users may post
hypertext links to content of third parties for which Strix is not responsible.
6.4. Strix may freely use feedback you provide. You agree that Strix may use
your feedback, suggestions, or ideas in any way, including in future modifications
of the Services, other products or services, advertising or marketing materials. You
grant Strix a perpetual, worldwide, fully transferable, sublicensable,
non-revocable, fully paid-up, royalty free license to use the feedback you provide
to Strix in any way.
6.5. Strix may monitor Content. Strix may, but has no obligation to, monitor
access to or use of the Services or Content or to review or edit any Content for the
purpose of operating the Services, to ensure compliance with this Agreement, and to
comply with applicable law or other legal requirements. We may disclose any
information necessary to satisfy our legal obligations, protect Strix or its
customers, or operate the Services properly. Strix, in its sole discretion, may
refuse to post, remove, or refuse to remove, or disable any Content, in whole or in
part, that is alleged to be, or that we consider to be unacceptable, undesirable,
inappropriate, or in violation of this Agreement.
7.1. Strix does not give professional advice. Unless specifically included
with the Services, Strix is not in the business of providing legal, financial,
accounting, tax, health care, real estate or other professional services or advice.
Consult the services of a competent professional when you need this type of
assistance.
7.2. We may tell you about other Strix Services. You may be offered other
services, products, or promotions by Strix ("Strix Services"). Additional terms and
conditions and fees may apply. With some Strix Services you may upload or enter data
from your account(s) such as names, addresses and phone numbers, purchases, etc., to
the Internet.
7.3. Communications.
Strix may be required by law to send you communications about the Services or third
party products. You agree that Strix may send these communications to you via email
or by posting them on our website
7.4. You will manage your passwords and accept updates. You are responsible
for securely managing your password(s) for the Services and to contact Strix if you
become aware of any unauthorized access to your account. The Services may
periodically be updated with tools, utilities, improvements, third party
applications, or general updates to improve the Services. You agree to receive these
updates.
8.1. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN
RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRIX, 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, MERCHANTABILITY, DATA
LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS,
OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. STRIX
AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE
FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS
FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60
DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2. STRIX, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR
WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY
LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF STRIX,
ITS AFFILIATES AND SUPPLIERS FOR ALL 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. SUBJECT TO APPLICABLE LAW, STRIX, ITS AFFILIATES AND SUPPLIERS ARE
NOT LIABLE FOR ANY OF THE FOLLOWING:
(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 STRIX SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS
APPLY EVEN IF STRIX AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF
STRIX, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND
ITS USE.
You agree to indemnify and hold Strix and its Affiliates and Suppliers harmless from
any and all claims, liability and expenses, including reasonable attorneys' fees and
costs, arising out of your use of the Services or breach of this Agreement
(collectively referred to as "Claims"). Strix reserves the right, in its sole
discretion and at its own expense, to assume the exclusive defense and control of
any Claims. You agree to reasonably cooperate as requested by Strix in the defense
of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time,
and the modifications will be effective when posted through the Services or on our
website for the Services or when we notify you by other means. We may also change or
discontinue the Services, in whole or in part. It is important that you review this
Agreement whenever we modify it because your continued use of the Services indicates
your agreement to the modifications.
Strix may, in its sole discretion and without notice, restrict, deny, terminate this
Agreement or suspend the Services, related or other Services, effective immediately,
in whole or in part, if we determine that your use of the Services violates the
Agreement, is improper or substantially exceeds or differs from normal use by other
users, raises suspicion of fraud, misuse, security concern, illegal activity or
unauthorized access issues, to protect the integrity or availability of the Services
or systems and comply with applicable Strix policy, if you no longer agree to
receive electronic communications, or if your use of the Services conflicts with
Strix’s interests or those of another user of the Services. Upon Strix notice that
your use of the Services has been terminated you must immediately stop using the
Services and any outstanding payments will become due. Any termination of this
Agreement shall not affect Strix’s rights to any payments due to it. Strix may
terminate a free account at any time. Sections 2.2, 3 through 15 will survive and
remain in effect even if the Agreement is terminated.
You acknowledge that the Services, including the mobile application, and the
underlying software may include Nepalese technical data subject to restrictions
under export control laws and regulations administered by the Nepal Government. You
agree that you and your personnel who use the Services are not prohibited from
receiving the Services under the laws of the Nepal or other applicable jurisdiction.
You will not export or re-export any part of the Services, in violation of these
laws and regulations, directly or indirectly.
This Agreement will be governed by the laws Nepal, 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 Strix’s or its Suppliers’
intellectual property rights may cause Strix irreparable damage for which recovery
of money damages would be inadequate. Accordingly, you agree that Strix shall be
entitled, in addition to any other remedies available to it, to seek (in any court
of competent jurisdiction, notwithstanding the previous sentence) any relief
(whether equitable or otherwise) to prevent or restrain any such breach or
apprehended breach by you or otherwise to protect Strix’s rights under this
Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of
Nepal and you agree that you will procure that any third party making a claim
against Strix arising out of this Agreement shall bring such claim exclusively in
the Nepalese courts and subject to the limitations and exclusions of liabilities
provided for in this Agreement.
Strix does not represent that the Services and/or content within the Services is
appropriate or available for use in all jurisdictions or countries. Strix prohibits
accessing content from within countries or states where such content is illegal. You
are responsible for compliance with all applicable laws pertaining to your use and
access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of
a dispute between the English and any non-English version, the English version of
this Agreement shall govern. In the event of a dispute the parties confirm that they
have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement
between you and Strix regarding its subject matter and replaces all prior
understandings, communications and agreements, oral or written, regarding its
subject matter. If any court of law, having the jurisdiction, rules that any part of
this Agreement is invalid, that section will be removed without affecting the
remainder of the Agreement. The remaining terms will be valid and enforceable. You
may not assign or transfer this Agreement to anyone without written approval of
Strix. However, Strix may assign or transfer this Agreement without your consent to
(a) an affiliate,
(b) a company through a sale of assets by Strix or
(c) a successor by merger. Any assignment in violation of this Section
shall be void. If you want to request a transfer of this Agreement, contact
Strix via an email to: info@stixinc.com.np.
When you use a EvieBooks product or service, you establish a direct relationship
with the EvieBooks brand, including each product and service in the EvieBooks family
and the entities offering those services
The Section B Terms include provisions applicable to your use of EvieBooks
generally, as well as additional provisions for your use of specific products and
services.
The Agreement governs your use of each of the following “Services,” as applicable:
EvieBooks Online. EvieBooks Online (“EBO”) is an online solution for
businesses to perform accounting and business tasks through an online account
(each a “EBO Account”). Each EBO Account may only be used to support one
business.
EvieBooks Online Certification Program. The EvieBooks Online Certification
Program is an online training and certification service for professionals
seeking to become proficient in EvieBooks.
1.1. Modification to Services.
We have the right, in our sole discretion, to revise, update, or otherwise
modify the Services or alter your access to the Services; and for material
changes, to the extent reasonably possible, we will provide you with
reasonable notice either posted on the website hosting the Services or to
the Administrator’s (as defined below) email address. Note that we may
modify the amount of storage space you have through the Services and the
number of times (and the maximum duration for which) you may access the
Services in a given period of time. In the event we need to maintain the
security of the system or comply with any laws or regulations, we reserve
the right to modify the Services immediately, and to provide the
Administrator with electronic or written notice within thirty (30) days
after any material modifications. You may reject any changes to the Services
by discontinuing use of the Services to which such changes relate. Your
continued use of the Services will constitute your acceptance of and
agreement to such changes.
When you initially register for and create an account for a Service, you are, or a
party that you authorize is, the “Administrator”. Administrators may authorize
additional users to access the Services through the same account, subject to
limitations based on the subscription you purchase (such users, “Additional Users”).
All Additional Users will be automatically deemed to have accepted the Agreement
before accessing the Services. Only Administrators may designate another individual
as a replacement administrator and you are responsible for your Additional Users'
access to the Services. Once an Administrator closes or terminates access to a
Service, Additional Users will no longer be able to access such Services or any
Content (defined in the Section A Terms) within the Service. If you are an
Administrator, you agree to provide sufficient prior notice to your Additional Users
of your desire to terminate access to the Services. Any violation of the Agreement
by any Additional User may result in the termination of an Administrator’s or other
Additional User’s access to the Services. Additional Users may not have the same
level of access or rights as an Administrator. You warrant that you have obtained
all necessary authorizations from each Additional User to:
(i) act as their agent in using the Services on their behalf and you
accept all liability arising from their use of the Services; and
(ii) allow Strix to provide the Services.
If you registered for a trial use of the Service ("Trial Period"), you must decide
to purchase a license to the Service, at the current rate, within the Trial Period
to retain any Content that you have entered through the Services, created within the
data file, posted or uploaded during the Trial Period. If you do not purchase a
license to the Services by the end of the Trial Period, your Content will available
to public and Strix shall not be liable for any misuse of such data. To be very
clear, after using the Services during the trial period, if you decide not to
purchase the license to the full version of the Services, you will not be able to
access or retrieve any of the data you added or created with the Services during the
trial. From time to time, Strix may, at its sole discretion, include new and/or
updated beta features (“Beta Features”) in the Services for your use and which
permit you to provide feedback (fees may apply). You understand and agree that your
use of the Beta Features is voluntary and Strix is not obligated to provide you with
any Beta Features. You understand that once you use the Beta Features, you may be
unable to revert back to the earlier non-beta version of the same or similar
feature. Additionally, if such reversion is possible, you may not be able to return
or restore data created within the Beta Feature back to the earlier non-beta
version. The Beta Features are provided on an “as is” basis and may contain errors
or inaccuracies that could cause failures, corruption or loss of data and/or
information from any connected device. You acknowledge and agree that all use of the
Beta Features is at your sole risk.
You acknowledge and agree that in order to provide you with access to and use of the
Services, Strix may provide your access information and account data to
your employee or agent who is identified in the registration data as the current
system administrator for your account (the “Current Administrator”), and
such other employee or agent who may be designated by you as a replacement
administrator for the your account by following the procedures required by Strix
to effectuate such replacement. Any other person You identified as an authorized
user of the Services will have access to the account data subject to the access
permissions you or the system administrator assigned to them.
5.1. Personal Information.
You represent and warrant to us that:
5.1.1. You will provide appropriate notice and have obtained (or will
obtain) all consents and rights necessary for us to Process the Personal
Information in accordance with this Agreement and our Privacy Statement;
5.1.2. If you are providing Personal Information to us that is not
personal to you, you agree that you have either provided the data subject notice
or received permission from the data subject and have the appropriate legal
basis, as required by applicable law, for us to:
5.1.2.1. use, and/or disclose the personal information in accordance
with our Privacy Statement,
5.1.2.2. move the data outside of the country of residence of such
owner of the personal data, if applicable, pursuant to our Privacy
Statement,
5.1.2.3. provide the Personal Information to Third Party Products
that you approve, and
5.1.2.4. otherwise use and disclose the personal information in
accordance with this Agreement; and
5.1.3. If there is any discrepancy between this Agreement and the Strix
Privacy Statement with respect the collection, use, and/or disclosure of the
personal information, the Privacy Statement will control. You further
acknowledge and agree that Strix may provide data in your account to any
Additional Users to which that data is applicable or personal to.
5.2. Account Sharing
As a User you may have the opportunity to share your data, Content, or ways in
which you aggregate data (“Account Content”) with other Users, other Strix
customers, and other third parties. When sharing any Account Content, you agree
not to share any confidential information. If you have the option of accessing
another User’s Account Content, you understand and agree that the Account
Content is being provided by the User, and not Strix, for information and
guidance purposes only, and Strix and such User are not responsible in any way
for your use the Account Content.
5.3. Contact Numbers
5.3.1. You may provide us with your Contact number as part of your
customer record or registration or via other methods. You understand and agree
that Strix may use your Contact number for "multi-factor authentication”
(“MFA"), to confirm your identity and help protect the security of your account.
Part of the MFA identity verification process may involve Strix sending text
messages containing security codes to your Contact number. You agree to receive
these texts from Strix containing security codes as part of the MFA process. In
addition, you agree that Strix may send automated text messages and pre-recorded
voice messages to the Contact number you provide for other limited purposes,
including: providing you with important critical notices regarding your use of
the Services, or fulfilling a request made by you through the Services.
5.3.2. Additionally, Strix may use your Contact number to contact you
about special offers or other Strix or third party products or services unless
you opt out of such marketing. With MFA, you also agree and consent to us
obtaining and using information from your mobile phone service provider, solely
for the purposes of verifying your identity and to compare information you have
provided to Strix (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).
6.1. General
In connection with your use of the Services and as part of the functionality of
certain versions of the Services, you may wish to have access to 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 “FI Login Data”) and the data made
available by your financial institutions(s) with such data, which may include
bank balances, transaction activity, credit card charges, debits and deposits,
and any messages or notices between you and the financial institution(s) (“FI
Account Data”). The Services are designed to allow you to access and download
your FI Account Data through the Services, to allow Strix to access your
financial institution account(s) using your FI Login Data, to allow Strix to
download and use your FI Account Data, and to allow Strix to aggregate and
combine your FI Account Data with other data. If you lose or forget your user
name or password, it will be necessary for you to return to the appropriate
financial institution if you have any problems with respect to that user name or
password.
You acknowledge and agree that except as set forth this Agreement, Strix has no
control over your FI Login Data and no control over the access to your FI
Account Data, does not guarantee that you will be able to use the Services with
your financial institution(s), and will have no liability whatsoever for any
actions or inactions on the part of the financial institution(s) resulting in
your inability to use the Services to access your accounts, obtain data,
download transactions, or otherwise use or access your FI Account Data.
6.2. Collection of FI Login Data and FI Account Data.
By agreeing to these terms and conditions, you:
6.2.1. acknowledge that in accessing your financial institution
account(s) through the Services, your FI Login Data and FI Account Data may
be collected, converted, stored in encrypted form and used by Strix in the
Nepal for the purpose of providing the Services;
6.2.2. authorize Strix to
6.2.2.1. collect and store in encrypted form your FI Login Data,
6.2.2.2. access the financial institution(s)’ websites using your
FI Login Data, from time to time;
6.2.2.3. download and store your FI Account Data;
6.2.2.4. reformat and manipulate your FI Account Data;
6.2.2.5. create and provide hypertext links to your financial
institution(s) FI Account Data;
6.2.2.6. enhance the type of data and services we can provide to
you in the future, and
6.2.2.7. take such other actions as are reasonably necessary to
perform the actions described in this Agreement as it relates to your
use of the Service;
6.2.3. hereby represent that the financial institution(s)’ account(s)
and FI Login Data belong to you, you have the right to use the FI Login Data
and FI Account Data as set out above and that you have the authority to
appoint, and hereby expressly do appoint, Strix as your agent with all
necessary power and authority to use your FI Login Data and to access and
retrieve your FI Account Data, as described above, on your behalf;
6.2.4. acknowledge that Strix does not review your FI Account Data
and agree that Strix is not responsible for its completeness or accuracy;
6.2.5. acknowledge that any transactions or informational activities
performed at any financial institution(s)’ website are not made through the
Services and Strix assumes no responsibility for any such transactions or
activities; and
6.2.6. acknowledge that you are solely responsible for any charges,
fees or costs associated with your financial institution account(s) when
accessed through the Services by you or by Strix.
6.3. Information from Financial Institutions’ Websites.
You acknowledge that
some financial institution(s) may not permit Strix or other third parties to
have access to FI Login Data or to allow the Services to access your FI
Account Data;
financial institution(s) may make changes to their websites, with or without
notice to you or Strix, that may affect the overall performance of the
Service and prevent or delay aggregation of data from such websites; and
the Services refreshes your Services account data by collecting the FI
Account Data automatically or manually (depending on your financial
institution(s) or any changes by you that may require an update), so your
most recent transactions may not always be reflected in the account balances
or other account information presented to you by Strix through the Services.
If you see a discrepancy in your Services account data as compared to your
FI Account Data, and in any case before making any transactions or decisions
based on such account data presented in the Services, you should check the
last refresh date for your financial institution account(s) and confirm the
accuracy of the Services account data against your FI Account Data and
manually update such data as necessary.
Strix shall have the right, in its sole discretion and with reasonable notice posted
on an Strix website and/or sent to you at the Current Administrator’s email address
provided in the Registration Data, to revise, update, or otherwise modify the
Services and establish or change limits concerning use of the Service, temporarily
or permanently, including but not limited to
the amount of storage space you have on the Services at any time, and
the number of times (and the maximum duration for which) you may access the
Service data subject to in a given period of time. Strix reserves the right to
make any such changes effective immediately to maintain the security of the
system or User Access Information or to comply with any laws or regulations, and
to provide you with electronic or written notice within thirty (30) days after
such change. You may reject changes by discontinuing use of the Services to
which such changes relate. Your continued use of the Services will constitute
your acceptance of and agreement to such changes. Strix may, from time to time,
perform maintenance upon the Services resulting in interrupted service, delays
or errors in the Services. Strix will attempt to provide prior notice of
scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the Services only through the end of
the subscription term, as specified in the product or product program pages. After
the subscription term ends, you will not have any access to the Services. There are
refunds upon cancellation as per the refund policy of Strix. Please follow product
instructions to cancel your account.
Strix may provide experiences on social media platforms such as Facebook®, Twitter®
and LinkedIn® that enable online sharing and collaboration among anyone who has
registered to use them. Any content you post, such as pictures, information,
opinions, or any Personal Information that you make available to other participants
on these social platforms, is subject to the Terms of Use and Privacy Policies of
those platforms. Please refer to those social media platforms to better understand
your rights and obligations with regard to such content.
Strix may tell you about third party products or services, including via the
Service. Strix may offer products and services on behalf of third parties who are
not affiliated with Strix (“Third Party Products”) and/or provide access or links to
third party websites ("Third Party Sites"). If you decide to use any Third Party
Products or access any Third Party Sites, you are solely responsible for your
selection, review of separate product terms, website terms and privacy policies.
Strix is not affiliated with these Third Party Products or Third Party Sites and
does not endorse or recommend Third Party Products even if such products are
marketed or distributed via our products, website or associated with Strix in any
way. You agree that the third parties, and not Strix, are solely responsible for the
Third Party Product’s performance (including technical support), the content on
their websites and their use or disclosure of your data. Strix will not be liable
for any damages, claims or liabilities arising from the third parties, Third Party
Products or Third Party Sites.
You agree that you will
comply with all applicable laws, regulation and ordinances;
not use the Third Party Products in any manner that would infringe or violate
the rights of Strix or any other party; and
not use the Third Party Products in any way in furtherance of criminal,
fraudulent or other unlawful activity.