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. As a part of operating the Site and providing the Services, we collect information about you and your business directly as part of the registration process, in the course of your use of the Site and when you contact us for support. We refer to this as “Directly Collected Personal Information.”

We also get information about your employees, your vendors and your customers when you sync third-party services to the Site; examples include payroll information, bank transactions, and information included invoices. We refer to this as “Business Information.” Sometimes the Business Information includes information that might identify an individual. For example, payroll information may include the names of employees and bank transactions may include the names of individual customers or vendors of your business. We refer to this as “Indirectly Collected Personal Information.” When we remove or anonymize the Indirectly Collected Personal Information from the Business Information, we refer to this as the “Anonymized Business Information”.

We automatically collect certain usage information when you access the Site, such as IP addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with the Site, and other usage information collected from cookies and other tracking technologies. We refer to this as “Usage Information.”

Our Services may change over time and we may introduce new features that may collect new or different types of information.

How we use information. We use your information for the following purposes:

Directly Collected Personal Information. We use the Directly Collected Personal Information:

to register your account,
to communicate with you about TFC, the Site and our Services,
to provide you with support for the Site and our Services.

Business Information. We use your Business Information (including the Indirectly Collected Personal Information):

to create reports for your use on the Site,
to provide Services you request,
to create predictions of future income and expenditures for your specific business,

Anonymized Business Information. We use Anonymized Business Information:

to assist in the creation of predictions of future income and expenditures of businesses that are similar to your business,
to create benchmarks, industry averages and other comparison-based information,
to improve our Site and Services and develop new products and services.

Information sharing. We only share your information with third parties with whom (a) you have explicitly agreed to have your information shared, (b) sub-contractors who help us maintain the Site and provide the Services, but only if they agree to maintain the confidentiality of the information we provide to them, act on our behalf and under our instructions, and not use the information for purposes other than the the particular activities we have contracted them for, (c) in response to the lawful request of courts, law enforcement agencies, or other government bodies, and (d) in connection with the sale of our company.

Managing Information. You may access, update, change, or correct your Directly Collected Personal Information either through the Site or through customer support. You can adjust our uses of your Directly Collected Personal Information for communications by opting out via the links in those communications. Opting out of marketing communications will not stop mandatory service messages. You can only delete your Directly Collected and Indirectly Collected Personal Information by deleting your entire account.

Cookies. TFC and our service providers cookies, web beacons, pixels, local shared objects, and similar technologies (collectively, "Cookies"). Some cookies are required to operate the Site and offer our Services, while others are used to enhance performance or to market our Site and Services. We do not use third party cookies.

Data Retention. We will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our Services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use Anonymized Business Information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.

Access Rights. You may contact us to confirm whether we maintain, or process on behalf of a third party, any of your Personal Information and to review it in order to verify its accuracy and the lawfulness of our processing of such Personal Information. Where you have determined that the Personal Information we collected about you is inaccurate or processed in violation of applicable law, you may also request that your Personal Information be corrected, amended, or deleted. Requests for access to your Personal Information and to have it corrected, amended, or deleted should be sent to privacy@tensor.financial.

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