Tensor Financial Corporation

Effective Date: 2024-10-30

Tensor Financial Corporation (“TFC”) provides its website and related applications (collectively, the “Site”) and services (the “Services”) to you, subject to the following terms of service (the “ToS”). The Site and the Services are designed to comply with the applicable rules and laws (including privacy regulations) of the United States. The TFC Site and Services are intended for use by adults managing businesses based in the United States. Neither the TFC Site nor Services are intended to be used, or are suitable for, businesses located outside of the United States or minors.

Please read the ToS carefully before using the Site or Services. By accessing or using the Site or Services you acknowledge that you have read and understood the ToS and agree to be legally bound by them. If you do not agree to be bound by the ToS, you may not use the Site or Services. We may modify the ToS from time to time. The modified ToS will become effective when we have communicated them to you by electronic mail or via the Site. You can cancel your account with us without further obligation at any time.

The Site and Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

TFC may refer you to third parties who provide services additional to those provided by TFC. TFC makes no representations or warranties regarding these third-party services. All third party services are subject to the terms and conditions of those third parties’ and are not governed by these ToS.

1. Privacy Policy
Information we collect is described and governed by our privacy policy, as may be in effect from time to time.

2. Your Rights to the Use the Site and Services

By registering for an account and paying the fees for your subscription, you get the right to use the Site and Services, anywhere in the world, for the duration that you have purchased, for your own business.

The subscription fees you pay are described when you enroll in a Service. They may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change you will have the ability to approve the new fees before they are imposed. We reserve the right to suspend or terminate your access to the Site and Services if you do not approve a change to the subscription fees.

3. Ownership, Copyright and Trademarks

You are the owner of your Directly Collected Information and Business Information including any summaries or compilations of that information that TFC provides to you as a part of the Services. As a part of your right to use the Site and Services, you agree to provide us with a non-exclusive, worldwide license, (a) to use the Business Information during the term of your subscription, and (b) to use the Anonymized Business Information, perpetually, in both cases, for the uses described in our Privacy Policy.

All of the content and software available on the Site or through the Services other than the Directly Collected Information and Business Information is exclusively owned by TFC, and is protected by law, and all rights to this content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Site or in the Services are the property of their respective owners.

4.‍ ‍Warranties

We will use commercially reasonable efforts to maintain the security of your Information, maintain the availability of the Site and the Services, and generate accurate financial information and forecasts. We cannot guarantee the accuracy of the forecasts we produce, the categories that we apply to transactions or the completeness or accuracy of the reports generated by the service. We do not make any representations that the reports we generate comply with any accounting standards, whether that be GAAP, IFRS or any other accounting standards or that they will be sufficient for any governmental or regulatory process or agency. The Services do not constitute any kind of financial audit.

YOUR USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TFC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF (A) FITNESS FOR A PARTICULAR PURPOSE, (B) OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. TFC DOES NOT WARRANT THAT THE SITE OR SERVICES ARE OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.

5. Limitation of Liability

TFC shall not be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site or Services, including without limitation any damages caused by or resulting from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site or the Service.

The aggregate liability of TFC, whether in contract, warranty, tort , product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Services will be limited to the total money paid by you to TFC during the twelve months prior to the date of any claim.

6. Notices

We will provide official legal notices to you either through dialog boxes on the Site or through the Services or via electronic mail. You agree to the use of electronic signatures as binding for purposes of your relationship with TFC.

7. Arbitration, Applicable Law and Venue

All disputes, claims or other matters arising from or relating to your use of the Site or the Services will be governed by the laws of the State of Oregon, without regard to any provisions regarding the conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the ToS.

In the event a dispute shall arise related to the ToS,the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration in proceedings conducted in Beaverton, Oregon. The arbitrator’s decision shall be final and binding and judgment may be entered thereon.

8. Term and Termination

Either you or TFC may terminate our agreement at any time, for any or no reason. If you terminate this Agreement any fees you have already paid will be non-refundable. If we terminate our agreement, we will refund a pro-rated portion of any fees related to the fraction of the period for which you have paid fees but are not receiving service.

The termination of our agreement will result in the revocation of the license granted by TFC in Section 2 of these ToS and will relieve you of any obligation to pay for future services. All other provisions of these ToS will remain in effect.

9. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. WFC may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of TFC, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TFC regarding your use of the Site and the Services