Finowl01Agreement to these terms
These Terms of Service (the "Terms") are a binding agreement between you and Finowl Inc. ("Finowl", "we", "us" or "our"). They govern your access to and use of the finowl.co website, the Finowl dashboard at app.finowl.co, the Finowl API, our documentation and any related services (together, the "Services").
By creating an account, generating an API key, purchasing credits or otherwise using the Services, you agree to these Terms and to the policies they incorporate: the Privacy Policy, the Acceptable Use Policy, the Data Processing Addendum and the Refund Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.
02Eligibility and business use
The Services are intended for businesses and developers. You must be at least 18 years old and able to form a binding contract to use them. You may not use the Services if you are barred from doing so under applicable law, including export control and sanctions laws.
You agree that you are using the Services for business, professional or development purposes and not as a consumer for personal, family or household purposes.
03Your account
You need an account to use the dashboard and the API. You agree to provide an accurate email address, to keep it up to date and to keep your sign-in credentials secure. Sign-in links sent to your email are single use and expire after 15 minutes. Do not forward them.
Each account belongs to one individual or organization. You are responsible for all activity that occurs under your account and for the actions of anyone you allow to access it. Notify us promptly at support@finowl.co if you believe your account has been accessed without authorization.
You may not create multiple accounts to obtain additional free credits or to avoid limits or enforcement actions.
04API keys
API keys authenticate your requests and allow usage to be charged to your account. You must keep API keys confidential, use them only from systems you control, and never embed them in client-side code, mobile apps or public repositories.
You are responsible for all requests made with your API keys, including requests made by others if a key is disclosed. If you suspect a key has been compromised, revoke it from the dashboard immediately. Credits consumed before revocation are not refundable.
05The Services
Finowl provides API endpoints that check email addresses and passwords against records of known data breaches and that estimate gender from names, email addresses and usernames, together with a dashboard for testing requests, managing keys and following usage. Results are produced by Finowl intelligence, which combines proprietary processing with data and infrastructure from carefully selected partners.
We continually improve the Services and may add, change or remove features, endpoints, fields, limits or data sources at any time. If we make a change that materially reduces the core functionality of a paid feature, we will give reasonable advance notice where practical. Features identified as beta, preview or experimental are provided as is and may change or be discontinued without notice.
06Credits, pricing and payment
How credits work
Use of the API is measured in credits. Unless our documentation states otherwise, each lookup consumes one credit, and each item in a batch request consumes one credit. Credits are consumed once a lookup has started, regardless of the result, including results that are unknown, contain no match or fail after processing has begun. Requests rejected before processing, such as invalid or unauthorized requests, do not consume credits.
Free monthly credits
We may provide a monthly allowance of free credits. Free credits reset at the start of each calendar month (UTC), do not roll over and have no cash value. We may change or discontinue the free allowance at any time.
Credit packs
You may purchase prepaid credit packs at the prices shown on our pricing page at the time of purchase. Purchased credits do not expire while your account remains in good standing. Free credits are always used before purchased credits. Price changes never affect credits you have already purchased.
Credits are a prepaid right to use the Services. They are not currency, have no cash value, cannot be redeemed for money and cannot be transferred, sold or shared between accounts.
Payment
Payments are processed by our third-party payment partner, which may act as the merchant of record for your purchase and whose terms apply to the payment transaction. You authorize us and our payment partner to charge your selected payment method for each purchase. Prices are shown in US dollars and exclude applicable taxes, which will be added at checkout where required.
No refunds
All purchases are final. Except as described in our Refund Policy or where required by law, we do not offer refunds or credits for purchased credits, unused credits or partially used packs.
Chargebacks
If you dispute a charge with your bank or card issuer without first contacting us, we may suspend your account until the dispute is resolved and may deduct the disputed credits from your balance.
07Acceptable use
You must use the Services in compliance with all applicable laws and with our Acceptable Use Policy. In particular, you may not:
- use the Services, or any results, to make decisions about a person's eligibility for credit, employment, insurance, housing, education, healthcare or government benefits, or as a consumer report under the Fair Credit Reporting Act or similar laws;
- use gender predictions to discriminate against, harass or target any person or group;
- check email addresses or passwords to gain or attempt to gain unauthorized access to any account or system;
- resell, sublicense or redistribute the Services or raw results as a standalone data product, or use them to build a competing service or dataset;
- reverse engineer, scrape, or attempt to discover the data sources, models or methods behind the Services, except to the extent this restriction is prohibited by law;
- circumvent rate limits, credit limits or security controls, or interfere with the operation of the Services.
08Your data and your responsibilities
"Customer Data" means the information you submit to the API, such as email addresses, names, usernames and passwords. You retain all rights in your Customer Data. You grant us a limited license to process Customer Data solely to provide, secure and support the Services.
You are responsible for your Customer Data and for how you use results. You represent and warrant that you have all rights, notices, consents and lawful bases required under applicable privacy and data protection laws to submit Customer Data to us and to use the results as you intend.
When we process personal data contained in Customer Data, we do so as your processor or service provider under our Data Processing Addendum, which forms part of these Terms. We process Customer Data transiently to return results and do not retain the contents of API requests after a response is returned. Passwords are never logged, stored or included in responses.
09Results and their limits
Results are informational and probabilistic. You acknowledge that:
- a gender prediction is a statistical estimate based on names and similar signals. It is not a verified attribute of any person and does not reflect how a person identifies;
- a breach check reflects known, publicly reported breaches available to Finowl intelligence. A result with no match does not mean an email address or password has never been exposed;
- results may be incomplete, out of date or incorrect, and may differ over time for the same input.
You are solely responsible for evaluating results, for any decisions you make based on them and for providing appropriate human review where your use could affect individuals.
10Rate limits and availability
The Services are subject to rate limits and other usage limits described in our documentation, which we may adjust to protect the Services and other customers. We aim to keep the Services available and responsive but do not guarantee any particular uptime, response time or availability unless we have agreed to a separate written service level agreement with you.
11Intellectual property
We and our licensors own all rights, title and interest in the Services, including our software, APIs, documentation, data, models, designs, trademarks and all improvements to them. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services, and to use results returned to you, for your internal business purposes and within your own products and services, in accordance with our documentation and the Acceptable Use Policy.
If you send us feedback or suggestions, you grant us the right to use them without restriction or compensation to you.
12Confidentiality
Each party may receive non-public information from the other that is marked as confidential or that a reasonable person would understand to be confidential. The receiving party will use that information only to perform under these Terms, protect it with at least reasonable care and not disclose it except to employees, contractors and advisers who need to know it and are bound by similar obligations, or where required by law. Your API keys, Customer Data and non-public account information are your confidential information. Non-public details of the Services, including our pricing arrangements, data sources and security measures, are our confidential information.
13Third-party services
The Services rely on third-party infrastructure, data and service providers. We select these providers carefully, but we are not responsible for third-party websites, products or services that you choose to use alongside Finowl, and your use of them is governed by their own terms.
14Suspension and termination
You may stop using the Services at any time and may ask us to close your account by emailing support@finowl.co.
We may suspend or terminate your access to all or part of the Services, with or without notice, if we reasonably believe that you have breached these Terms or the Acceptable Use Policy, that your use creates a security, legal or operational risk for Finowl, our partners or other customers, that your account has been compromised, or that we are required to do so by law. Where practical and lawful, we will tell you why and give you an opportunity to fix the issue.
When your account is closed or terminated, your right to use the Services ends immediately, unused credits are forfeited and are not refunded, and we will delete your account data as described in our Privacy Policy. Sections that by their nature should survive termination will survive, including those on payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law.
15Disclaimers
THE SERVICES AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, FINOWL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT RESULTS WILL BE ACCURATE, COMPLETE OR CURRENT.
16Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FINOWL, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, FINOWL'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FINOWL FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US$100).
These limitations apply to all theories of liability, including contract, tort, negligence and strict liability, and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.
17Indemnification
You will defend, indemnify and hold harmless Finowl, its affiliates and their officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your Customer Data, your use of the Services or results, your breach of these Terms or the Acceptable Use Policy, or your violation of any law or the rights of any third party.
18Governing law and disputes
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other party and negotiating in good faith for at least 30 days. If the dispute is not resolved, it will be brought exclusively in the state or federal courts located in the State of Delaware, and each party consents to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
19Changes to these terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the dashboard at least 30 days before they take effect, unless the change is required by law or addresses a security issue, in which case it may take effect sooner. The "Last updated" date at the top of this page shows when the Terms were last revised. Your continued use of the Services after changes take effect means you accept the updated Terms.
20Export controls and sanctions
You may not use, export or re-export the Services in violation of United States or other applicable export control and sanctions laws, or on behalf of any person or entity on a restricted parties list. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions.
21General terms
- Entire agreement. These Terms, together with the policies they incorporate and any order or agreement you sign with us, are the entire agreement between you and Finowl regarding the Services.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of third-party networks or providers, labor disputes or government action. This does not excuse payment obligations.
- Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
- Notices. We may send notices to the email address on your account. You may send notices to support@finowl.co.
- Language. These Terms are written in English. Any translation is provided for convenience only.
22Contact us
Finowl Inc. welcomes questions about these Terms. Contact us at support@finowl.co.