FintechOS Trial Edition – Terms and Conditions

Effective: January 8, 2024 

Preamble  

This terms & conditions agreement (“T&Cs”) is entered into by and between FintechOS and the individual or entity (“Customer”) requesting access to the trial version of the Product (“Product Trial”). 

FintechOS, keen on forging meaningful and mutually beneficial relationships with potential customers, provides temporary access to a limited capability version of the Product for evaluation purposes under the terms and conditions stipulated herein. By submitting the Request Form for the Product Trial, the Customer expresses interest in evaluating the functionalities and features of the Product. The Product Trial is not available to Customers who are not legally eligible to be bound by these T&Cs. 

These T&Cs govern the Customer’s access to the Product Trial and use of the Product and Platform and are effective as of the date the Customer submits the Request Form (“Effective Date”).  

BY SUBMITTING THE REQUEST FORM, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE T&CS, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE T&CS, PERSONALLY AND ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT ENTITY TO THESE T&CS. IF YOU DO NOT AGREE TO THESE T&CS, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD REFRAIN FROM ACCESSING THE PRODUCT TRIAL AND/OR SHOULD STOP YOUR USE OF THE PRODUCT AND THE PLATFORM.  

1. Definitions 

Terms used with capital letters have the meaning prescribed below. 

Affiliate: any company or other entity, which directly or indirectly controls, is controlled by or is under joint control with a party of these T&Cs. For this purpose, a party is deemed to control a company or entity if it (a) owns, directly or indirectly, at least 50% of the capital of the other company, or (b) in the absence of such ownership interest, substantially has the power to direct or cause the direction of the management and set the policies of such company or entity;

Applicable Laws: the laws governing these T&Cs in accordance with the provision herein, together with the European Union and any other laws or regulations which apply to the access or use of the Product Trial or to a party in relation to their performance under these T&Cs; 

Customer Content: any data, information, and proprietary materials provided by the Customer or generated by Customer interaction during the Product Trial, excluding any FintechOS IPR; 

Customization: any integration, configuration, process design and interface customization to the Platform, created by Customer during the Product Trial, independently from FintechOS, either individually, or in collaboration with a third-party; 

Data Protection Laws: as applicable to a party and/or the Product Trial (a) the EU’s General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (b) the version of the GDPR transposed into Applicable Law; (c) any other applicable law relating to the processing, privacy and/or use of personal data; and (d) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; 

Documentation: the documentation made available to Customer by FintechOS from time to time (whether online or in hard copy), including any user manuals, operator guides, training materials and other documentation provided or otherwise made available by FintechOS to Customer for use in conjunction with the Product and/or the Platform; 

FintechOS Content: all information, data, text, software, code, sound, music, graphics, images, video, documentation, and other material provided, created, or made available by FintechOS in connection with the Product Trial. This includes, but is not limited to, the static content and functional demonstrations within the Trial Journey, Product, and other components of the Product, as well as any other proprietary content, trademarks, copyrights, and other intellectual property owned by FintechOS;  

Intellectual Property Rights or IPR: patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of those rights, copyright (including all rights in software), database rights, know-how, confidential information, trade or business names and any similar rights or obligations whether registrable or not in any country; 

Product Data: data that results from FintechOS’s observation, analysis or other processing of Customer Content, and that may be aggregated with other data of FintechOS or FintechOS’s other Customers; 

Platform: the FintechOS low code technology platform, providing the design-time ability to create custom business applications and powering the run-time execution of such applications; 

Product: a pre-configured business application, provided by FintechOS, built on the Platform; 

Product Trial: temporary access to the trial version of the Product on Platform, along with any associated Trial Journey, Documentation and FintechOS Content provided; 

Request Form: the online form to be filled out by the Customer to request access to the Product Trial; 

Term: the duration for which the Customer is granted access to the Product Trial, initially set at two weeks, extendable upon request by FintechOS; 

Trial Journey: the component within the Product with predefined journeys demonstrating Product functionalities and Platform capabilities; 

User: an individual who is authorised by Customer and/or its Affiliates to access the Product Trial and use the Product and Platform, in accordance with these T&Cs.

2. Purpose and Governance 

2.1 The Product Trial is provided for the sole purpose of evaluating and testing the Product features and Platform capabilities by potential customers. 

2.2 Except as otherwise provided by FintechOS, the Customer agrees that these T&Cs will only govern the use of the Product on the Platform, provided under Product Trial. Other products and services may be subject to additional terms, as made available to the Customer.  

3. Eligibility 

3.1 The Product Trial is intended for business use only and to be accessed by individuals that act on behalf of or are engaged by Customer or its Affiliates. We do not encourage the use of the Product by minors, therefore, you represent and warrant that you are at least 18 years of age and are otherwise fully qualified to enter into these T&Cs and undertake all terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to be bound by and comply with these T&Cs. Your access may be terminated without prior notice if FintechOS believes that you are under eligible age or are otherwise ineligible. 

4. User Registration 

The access to the Product Trial is subject to a two-step registration process as outlined below: 

4.1 Request Form Submission: 

The User initiates the registration process by completing and submitting the Request Form available on FintechOS’s public website. Upon submission, FintechOS will conduct certain eligibility checks to ascertain the User and the Customer’s qualification for accessing the Product Trial. 

4.2 Email Invitation: 

Withing 24 to 48 hours, subject to the User and the Customer qualifying for the Product Trial, FintechOS will send an email invitation to the User at the email address provided in the Request Form. 

The email invitation will contain information regarding the next steps to access the Product Trial, including any necessary credentials and links to the Product Trial environment. The User must follow the instructions provided in the email invitation to complete the registration process and access the Product Trial. 

The User itself and on behalf of the Customer acknowledges and agrees to FintechOS’s review and qualification process and understands that access to the Product Trial is granted at the sole discretion of FintechOS. 

5. Term of the Product Trial 

5.1 The Product Trial is provided for the Term, commencing on the date the Customer receives access to the Product Trial environment, and expiring on a specified expiration date communicated to the User in the email invitation or within the Product Trial environment. 

5.2 FintechOS, at its sole discretion, may extend the Term of the Product Trial for the Customer and/or the User. Any such extension shall be communicated to the User via email or through the Product Trial environment, specifying the new expiration date. 

6. License & Intellectual Property Rights 

6.1 Grant of License 

Subject to these T&Cs, FintechOS grants to the Customer, during the Term, a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, right to access the Product Trial and use the Product.  

Customer may extend invitations to users of its Affiliates to access the Product Trial, provided that such Affiliates accept and abide by these T&Cs prior to accessing the Product Trial.  

FintechOS reserves the right to delete all Customer Content in the Product if the Customer fails (i) to access the Product Trial or (ii) to finalise the Trial Journey or (iii) to use the Product, within the Term. 

6.2 Customizations  

FintechOS further grants Customer, during the relevant license term, on and subject to these T&Cs, the right to develop Customizations by using the Product, provided that, to the extent there is any FintechOS IPR in the Customizations,  

(i) use of the FintechOS IPR is limited to the relevant license term, and  

(ii) Customer is prohibited to use the FintechOS IPR and shall not permit its Users or any third party to use FintechOS IPR for (a) benchmarking or comparative analysis, or (b) acquiring any technical specifications or securing a competitive technological or business advantage, or (c) analysing the Product or the Platform and the FintechOS IPR, with the aim of designing, modifying, creating a derivative work or creating any software program that performs functions similar to the functions performed by the FintechOS IPR used in conjunction with the Customizations. 

While the Customer may create Customizations during the Product Trial, the Customer grants to FintechOS a non-exclusive, royalty-free, worldwide license to use, modify, and adapt such Customizations solely for the purpose of improving the Product or for any other lawful purpose. 

6.3 Feedback 

The Customer is encouraged to provide feedback regarding the functionality and performance of the Product. Any feedback provided by the Customer, during and/or after the Product Trial, may be used by FintechOS to improve the Product Trial, the Product and/or the Platform, develop new features and technologies, or use such feedback in any way and for any purpose in relation to the Product Trial, Product and/or Platform. 

6.4 Intellectual Property Ownership 

Unless otherwise indicated, FintechOS owns copyright for the FintechOS Content presented in the Product Trial environment. Some of the copyright for the FintechOS Content may be owned by individual presenters or the entities they represent and is included and/or displayed in Product Trial under a license or agreement. FintechOS and/or its Affiliates and/or its licensors, as applicable, retain ownership of all IPR in the Product and Platform, without limitation any integrations, code, patches, materials, data, know-how, background technology, workflows, or similar assistance otherwise provided to Customer, and in all names and logos, trademarks, service marks, and domain names (“Marks”) associated or displayed with the Product Trial. Customer undertakes not take any action inconsistent with FintechOS’s ownership of the IPR and the Marks, and any benefits accruing from use of such IPR and Marks shall automatically vest in FintechOS. 

Customer Content is the property of the Customer and Customer reserves all Intellectual Property Rights which may, at any time, subsist in the Customer Content. Customer hereby grants FintechOS and its Affiliates a limited, non-exclusive license to use, reproduce and modify the Customer Content, strictly for the purpose of providing to the Customer access to the Product Trial and the features and capabilities of the Product. 

FintechOS reserves the right to use, analyze, and leverage Product Data, for monitoring the performance of the Product, conducting analytics to understand usage patterns, compiling statistical analyses, and enhancing the overall functionality and user experience of the Product. The Customer acknowledges and agrees that FintechOS’s use of Product Data as described herein is a fundamental aspect of providing and improving the Product Trial, and the Customer hereby grants FintechOS the non-exclusive, royalty-free, worldwide right to use, reproduce, and create derivative works from the Product Data for such purposes. 

7. Acceptable Use 

7.1 Customer agrees that it will not access and/or use, and will not permit any other User to access the Product Trial and/or use the Product, to:  

a. modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Product and/or Platform;  

b. knowingly or negligently use the Product and/or Platform in a way that abuses, interferes with, or disrupts FintechOS’s business or the Product Trial;  

c. engage in activity that is illegal, fraudulent, false, or misleading; 

d. transmit through the Product Trial environment any material that may infringe the intellectual property or other rights of third parties, including but not limited to information that may infringe the Data Protection Laws;  

e. copy any features, functions or graphics of the Product, including but not limited to FintechOS Content and Marks; or  

f. use the Product to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any Applicable Laws;  

g. upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Product and/or Platform in any way or which does or is intended to harm or extract information or data from other hardware or software of FintechOS or other Users;  

h. engage in any activity or use the Product in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Product Trial, or any servers connected to the Product Trial or FintechOS’s security systems; 

i. use the Product in violation of these T&Cs or any FintechOS Documentation or in a manner that violates Applicable Laws. 

7.2 The Customer and/or its Users may not transfer their access to the Product Trial to someone else. If a User contacts us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. 

7.3 Customer may allow its Users and Affiliates to access the Product Trial and use the Product solely for Customer’s internal non-commercial purposes, provided that the Customer ensures that its Users and Affiliates are made aware of, understand, and agree to comply with all the terms and conditions contained herein. The Customer will be responsible for the actions or omissions of its Users and Affiliates in relation to the use of the Product Trial, and any breach of these T&Cs by a User or an Affiliate shall be deemed a breach by the Customer. 

8. Personal Data Protection 

FintechOS collects, stores and further processes personal data as a result of, or in the course of, providing the Product Trial hereunder and in compliance with the Data Protection Laws. Please review our Privacy Policy, available at https://fintechos.com/privacy-policy/, which explains how we process your personal data. FintechOS may update or amend the Privacy Policy from time to time to reflect changes regarding data handling and processing practices.  

9. Confidentiality 

9.1 Each party (“Recipient Party”) will treat as confidential all information obtained from or relating to the other party (“Disclosing Party”) under or in connection with these T&Cs which is designated as confidential by the Disclosing Party or which by its nature should reasonably be considered confidential or proprietary to the Disclosing Party (“Confidential Information”).  

9.2 The Recipient Party will not disclose such Confidential Information to any person (except only to those employees, agents, sub-contractors, suppliers and other representatives who need to know it) or use such Confidential Information for purposes other than in connection with these T&Cs without the Disclosing Party’s prior written consent.  

9.3 The restrictions in this clause 9 will not extend to information that: (i) is or becomes publicly known other than through any act or omission of the Recipient Party; (ii) was in the Recipient Party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the Recipient Party by a third party without restriction on disclosure; (iv) is independently developed by the Recipient Party, which independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body. 

9.4 The Recipient Party will ensure that all persons to whom it discloses any Confidential Information of the Disclosing Party are aware, prior to disclosure, of the confidential nature of the information and that they owe a duty of confidence to the Disclosing Party. The Recipient Party shall be liable for any use, disclosure or dissemination of the Disclosing Party’s Confidential Information by persons to whom it discloses or disseminates such Confidential Information. 

9.5 Customer acknowledges that details of the Product Trial, the Product, the Platform, and the Documentation constitute FintechOS’s Confidential Information. 

9.6 The Recipient Party will maintain the confidentiality and security of the Disclosing Party’s Confidential Information, and protect it against threats, hazards or unauthorized access or use, for as long as it is in possession or control of such Confidential Information. Upon termination of these T&Cs, or upon written request, the Recipient Party shall return or destroy all copies of the Disclosing Party’s Confidential Information to the Disclosing Party’s reasonable satisfaction.  

9.7 Nothing in this clause 9 shall prevent either party from using any techniques, ideas or know-how gained during the performance of their rights and obligations under these T&Cs in the course of its normal business to the extent that this use does not result in a disclosure of the other party’s Confidential Information or an infringement of Intellectual Property Rights. 

9.8 These obligations of confidentiality will survive any termination of these T&Cs. 

10. Disclaimer and Warranty exclusions 

10.1 Disclaimer

Customer acknowledges that the Product may (ii) be subject to different standards of security, privacy, availability, accessibility or reliability and may have functionality defects or blocker(s); (ii) receive automatic updates, which may not be prevented and (iii) be subject to specific limitations, as indicated by FintechOS. Furthermore, the Customer ackowledge precautions of the Product does not require personal data and FintechOS disclaims any liability in respect of Customer’s use of any Customer Content, including personal data, (ii) FintechOS may choose to change or discontinue the Product Trial at any time without notice, and (iv) FintechOS advises, as a best practice, to frequently backup the Customer Content before accessing the Product Trial or uploading such Customer Content to the Product and to take precautions as to avoid any loss of data when the Product Trial will no longer be available. 

10.2 Warranty Exclusions 

The Customer understands and agrees that the Product Trial, the Product and the Platform are provided “AS IS” and, to the maximum permitted by the Applicable Laws, FintechOS and its Affiliates, specifically disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement or the ability of the Product to integrate or interoperate with other technologies or third-party software. FintechOS and its Affiliates, make no representation or warranty regarding the results that may be obtained from the access to the Product Trial and/or the use of the Product or the Platform, regarding the accuracy or reliability of any information obtained through the Product Trial or that the Product and/or Platform will meet any of your requirements, or be uninterrupted, timely, secure or error free. Access to the Product Trial and use of the Product and Platform is at the Customer’s sole risk. Any material and/or data uploaded, downloaded or otherwise obtained through the use of the Product and Platform is at the Customer’s own discretion and risk. The Customer will be solely responsible for any damage resulting from the use of the Product by the Customer and/or its Users. FintechOS and its Affiliates do not warrant any specific results from access to the Product Trial or use of the Product or the Platform. 

11. Indemnification 

Customer agrees to indemnify, defend and hold harmless FintechOS, its Affiliates, officers, directors, employees, consultants, agents, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising out of or in connection to (i) its non-compliance of these T&Cs, (ii) unauthorized or illegal use of the Product by the Customer and its Users, (iii) violation of any intellectual property, personal data or other right of any person or entity or Applicable Laws or (iv) any third-party claim arising out of, or in any way connected with, the Customer Content, and any third-party software used by the Customer in combination with the Product, including but not limited to claims of infringement or misappropriation of Intellectual Property Rights or other proprietary rights. 

12. Limitation of Liability 

12.1 To the maximum extent permitted by applicable law, in no event will FintechOS or its Affiliates, be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for data loss, loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Product and Platform or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory. 

12.2 IN NO EVENT SHALL FINTECHOS AND ITS AFFILIATES’ TOTAL LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE T&Cs, AND INCLUDING WHERE THE WARRANTY EXCLUSIONS ABOVE ARE NOT VALID OR PERMITTED UNDER THE APPLICABLE LAWS, EXCEED ONE THOUSAND DOLLARS (1,000) USD. THE LIMITATIONS OF LIABILITY SET FORTH UNDER THIS SECTION, WHETHER BASED ON CONTRACT OR TORT, WILL APPLY EVEN IF THE REMEDY DOESN’T FULLY COMPENSATE THE CUSTOMER AND EVEN IF FINTECHOS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES OR THE LIKELIHOOD OF THEIR OCCURRENCE. 

13. Termination 

13.1 FintechOS may terminate these T&Cs for convenience without notice at any time. If Customer commits a material breach of these T&Cs FintechOS may give written notice describing the nature and basis of the breach to the Customer. If the breach is not cured within 5 (five) days of the receipt of notice date, FintechOS may immediately terminate these T&Cs, upon written notice. 

13.2 FintechOS has the right to, if necessary and without any liability to the Customer: 

a. suspend and cease providing the Product Trial without any notification in the event that the Customer and/or its Users violate, or is suspected of violating, these T&Cs; 

b. change the FintechOS Content, features and capabilities, timing and date of the Trial Journey, the Product Trial, the Product and or the Platform, changes which shall be notified to the Customer as soon as reasonably possible; and/or 

c. unilaterally cancel the Product Trial. 

13.3 Upon termination of these T&Cs or expiration of any applicable Term, the license and rights for the Product will immediately terminate and Customer must cease the use of the Product Trial and the Product, at its expense remove and delete any Customer Content thereof, including but not limited to Customizations. The Customer understands that the Product Trial, as well as some or all the Product components may cease to operate without prior notice upon expiration or termination of the Term, that the Customer bears all risks associated with the loss of its Customer Cotent as a result of the termination or expiry of the Product Trial and that FintechOS shall bear no liability for any such loss. 

14. Customer Assistance 

14.1 Customer may request assistance by using the channels provided in the Product Trial environment or by emailing trial@fintechos.com. 

14.2 FintechOS does not guarantee any specific response time for assistance and reserves the right to limit or deny Customer or its Users access to assistance services if it determines, in its reasonable discretion, that a User is acting, or has acted, in a way that results or has resulted in misuse of assistance services or abuse of its rights. 

15. Governing Law and Dispute Resolution 

15.1 These T&Cs shall be governed by and construed in accordance with the laws indicated below, contingent on the FintechOS contracting entity, without regard to conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to this Agreement. 

15.2 The Customer hereby agrees to the exclusive jurisdiction of the competent courts of the venue indicated below and irrevocably waives any objection and defense (including, any defense of an inconvenient forum) which either may have to the bringing or maintenance of any such claim. THE CUSTOMER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY IN ANY CLAIM UNDER OR IN CONNECTION WITH THESE T&Cs. 

FintechOS entity	Customers	Governing law	Jurisdiction
FINTECHOS LLC,  Delaware, 8 The Green, STE R, Dover, zip code 19901, United States of America	domiciled/headquarted in North America, Canada or Mexico	laws of the state of New York	applicable federal or state courts located in or with jurisdiction over New York County, New York
FINTECHOS TECHNOLOGY UK LTD,   9 Appold Street, 6th Floor, London EC2A 2AP, the United Kingdom	domiciled/headquarted in Western Europe	laws of England and Wales	the courts of England and Wales shall have exclusive jurisdiction
FINTECH OS SRL  Bucharest, Oregon Park, 46D-46E-48, Pipera Road, Building C, 2nd Floor, District 2	Rest of the world	laws of Romania	the courts of Buchrest (2nd District) shall have exclusive jurisdiction

15.3 To the maximum extend provided by the Applicable Laws, no action or claim of any type relating to these T&Cs may be brought or made by Customer more than one (1) year after Customer first has knowledge of the basis for the action or claim. 

16. Miscellaneous 

16.1 Export Control 

The Customer acknowledges these T&Cs may be subject to export control regulations and sanctions including U.S. economic sanctions, European Commission regulations, United Nations Security Council resolutions, and other similar national or international regulations (“Export Control Regime”). The Customer represents and undertakes that it, or any Affiliates (i) are not named on any Export Control Regime list of restricted parties, (ii) will not knowingly export, reexport or transfer their access to the Product Trial and/or the Product Trial, directly or indirectly, to any country or a foreign national of a country in violation of any such Export Control Regime, and (iii) will not engage in activities that would cause FintechOS or its Affiliates to be in violation of any Export Control Regime. 

16.2 Force Majeure 

FintechOS shall not be liable for failure to perform its obligations under these T&Cs to the extent delayed, prevented, restricted or interfered with as a result of any causes beyond its reasonable control, including acts of God, terrorism, labor action, fire, flood, earthquake, failure of third-party providers, denial of service attacks, malicious conduct, utility failures, power outages, governmental acts, orders, or restrictions.  

16.3 Assignment 

Neither these T&Cs nor any of the rights, interests or obligations hereunder shall be assigned, transferred, delegated or otherwise disposed of by Customer without the prior written consent of FintechOS, not to be unreasonably withheld or delayed. Notwithstanding the foregoing, FintechOS may, without the prior consent of the Customer, assign, transfer, delegate or otherwise dispose of, these T&Cs, or any of its rights, interests or obligations hereunder to any of its Affiliates or as a consequence of a change of control.  

16.4 Change of Control 

Customer must notify FintechOS within thirty (15) days prior to it or its Affiliate (i) being acquired by, selling substantially all of its assets to, merging with, or changing its control in favor of, a direct competitor of FintechOS, or (ii) changing its main object of activity into a business competing FintechOS or its Product. FintechOS may terminate these T&Cs by written notice within maximum 15 (thirty) days as of the date ofthe change of control notice. 

16.5 System requirements.  

Access to the Product Trial and use of the Product requires one or more compatible devices, internet access, and certain software. The Customer’s ability to access the Product Trial and use the Product may be affected by the performance of these factors. Customer acknowledges and agrees that such system requirements, which may be changed from time to time, as well as all associated fees are its responsibility. 

16.6 Waiver and Severability.  

Failure by either party to exercise any of its rights under, or to enforce any provision of, these T&Cs will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these T&Cs is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these T&Cs will remain in full force and effect. 

16.7 Additional Terms Applicable to Specific Content 

We have added additional terms and conditions to some sections of the Product Trial or specific FintechOS Content that will apply whenever you access or use that section. Also, those terms and conditions will have precedence in case a conflict or inconsistency may appear between these T&Cs and those applicable to the respective section of the Product Trial or FintechOS Content that you use or access. For example, if you wish to participate in FintechOS Certification Program made available through the repsective section of the Product Trial, then you will need to accept the additional terms and conditions. 

16.8 Entire Agreement 

These T&Cs represent the entire understanding between FintechOS and Customer with respectt o the subject matter of these T&Cs and supersedes any prior written or oral agreement between the Parties with respect to such subject matter. 

 

16.9 Updating these T&Cs.  

We may, from time to time, update these T&Cs to reflect new or different approaches (e.g., when we add new Services), and we reserve the right to modify and/or make changes, in our sole discretion, to these T&Cs at any time. If we make any material change, we will notify you by email notice sent to the email address specified in your account or by posting a notice through the Product Trial environment. Modifications will become effective on the day they are posted unless stated otherwise. 

Your continued use of the Product after changes become effective shall mean that you accept those changes. Any revised T&Cs shall supersede all previous T&Cs. 

16.10 How to Contact Us.  

The best way to get in touch with us is to contact our team @ trial@fintechos.com. We are more than happy to answer your questions, concerns, and to receive feedback about our Product Trial.