Terms and Conditions

Welcome to FinGrowAcademy. These Terms and Conditions ("Terms") govern your access to and use of the FinGrowAcademy website, mobile application, and services (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By creating an account, downloading our mobile application, accessing our website, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference.

If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms, and "you" refers to both you individually and that organization or entity.

2. Eligibility

To use our Services, you must be at least 13 years old. If you are under 18 years old, you must have permission from a parent or legal guardian to use our Services, and they must agree to these Terms on your behalf.

By using our Services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

1. To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process.
2. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
3. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. We reserve the right to disable any user account at any time if we believe you have violated these Terms or if we determine, in our sole discretion, that your account activity poses a risk to our Services or other users.

4. Subscription and Payment Terms

1. FinGrowAcademy offers both free and premium subscription services. By subscribing to a premium service, you agree to pay the applicable fees.
2. All subscription fees are quoted in the applicable currency and are exclusive of any applicable taxes unless otherwise stated.
3. We may change subscription fees at any time, but will provide reasonable notice before any price change affects you.
4. Subscriptions automatically renew for the same subscription term unless canceled before the renewal date.
5. You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will be effective at the end of your current billing period.
6. We do not provide refunds for unused subscription periods unless required by applicable law.

5. Intellectual Property Rights

1. The Services, including all content, features, and functionality, are owned by FinGrowAcademy, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
2. These Terms do not grant you any rights to use FinGrowAcademy's trademarks, logos, domain names, or other brand features.
3. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.

6. User Content

1. Our Services may allow you to create, upload, post, send, receive, or store content ("User Content").
2. You retain ownership rights in your User Content, but you grant FinGrowAcademy a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your User Content for the purposes of operating, developing, providing, and improving our Services.
3. You represent and warrant that:
   • You own or have the necessary rights to your User Content and the right to grant the license above;
   • Your User Content does not violate these Terms, applicable law, or the intellectual property or other rights of any third party;
   • Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
4. FinGrowAcademy reserves the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

1. Using the Services in any manner that could disable, overburden, damage, or impair the Services;
2. Using any robot, spider, or other automatic device, process, or means to access the Services for any purpose;
3. Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
4. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
5. Using the Services to infringe the intellectual property rights, privacy rights, or other rights of any person or entity;
6. Using the Services to violate any applicable law, regulation, or third-party rights;
7. Impersonating or attempting to impersonate FinGrowAcademy, an employee, another user, or any other person or entity;
8. Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services;
9. Collecting or harvesting any personal information from the Services;
10. Using the Services for any commercial purpose without our prior written consent;
11. Creating multiple accounts for abusive purposes.

8. Third-Party Links and Content

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by FinGrowAcademy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that FinGrowAcademy shall not be responsible or liable for any damage or loss caused by your use of such third-party content, websites, or services.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FINGROWACADEMY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FINGROWACADEMY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINGROWACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINGROWACADEMY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL FINGROWACADEMY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FINGROWACADEMY FOR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FINGROWACADEMY.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FINGROWACADEMY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless FinGrowAcademy, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

12. Termination

1. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
2. You may terminate your account at any time by contacting us or by following the termination procedures within the Services.
3. Upon termination, your right to use the Services will immediately cease. If your account is terminated, we may delete any content or information that you have contributed to the Services.
4. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good faith negotiations between the parties. If such negotiations fail, any dispute, controversy, or claim shall be settled by arbitration in accordance with the rules of the Asian International Arbitration Centre (AIAC). The place of arbitration shall be Kuala Lumpur, Malaysia. The language of arbitration shall be English.

14. Changes to Terms

We may update these Terms from time to time to reflect changes to our practices, Services, or for other operational, legal, or regulatory reasons. The updated version will be indicated by an updated "Last Updated" date at the top of these Terms. The updated Terms will be effective as soon as they are posted.

Your continued use of the Services after the updated Terms are posted constitutes your agreement to the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified or deleted to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the provision. The remaining provisions of these Terms will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FinGrowAcademy regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.

17. Waiver

No waiver by FinGrowAcademy of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FinGrowAcademy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without FinGrowAcademy's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. FinGrowAcademy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.