Terms of Service

These Terms of Service (the “Terms”) govern access to and use of FinAcc, the cloud software-as-a-service platform for gold loan businesses and pawnbrokers, together with its websites, web and mobile applications (including the FinAcc Gold Loan app), integrations and related support (collectively, the “Service”), provided by FinAcc Technologies (“FinAcc,” “we,” “our,” or “us”). In these Terms, “Customer” or “you” means the business or individual that subscribes to or uses the Service, and “Users” means the people you authorise to use the Service on your behalf.

By creating an account, subscribing to, or using the Service, you agree to these Terms. If you are accepting on behalf of a business, you confirm that you are authorised to bind that business. If you do not agree, do not use the Service.

1) The Service and Subscription

• FinAcc provides cloud software that helps gold loan businesses, pawnbrokers, financiers and similar businesses record pledges and loans, calculate interest, manage renewals, part payments and releases, maintain customer records and KYC, keep accounts, generate reports and send customer notifications.
• Access is provided on a subscription basis under the plan, modules, number of branches or Users and term you choose or agree with us in a quotation, order or invoice (your “Subscription”).
• Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your Subscription.
• We may improve, update or change features of the Service from time to time. We will not materially reduce the core functionality of a paid Subscription during its current term without reasonable notice.
• FinAcc is a software tool. It does not lend money, hold pledged articles, provide legal, tax or financial advice, or make lending decisions on your behalf.

2) Customer Responsibilities

• Legal compliance: You are solely responsible for operating your business lawfully, including obtaining and maintaining any licences or registrations required, and complying with applicable laws, rules and directions, such as those of the Reserve Bank of India (where applicable to you), state money-lending and pawnbroker laws, KYC and anti-money-laundering requirements, consumer protection, tax and data protection laws.
• Your configuration: You are responsible for the interest rates, charges, loan terms, schemes, templates and other settings you configure in the Service, and for confirming that they and the documents you issue meet legal requirements.
• Accuracy of data: You are responsible for the accuracy, quality and legality of the data you and your Users enter or upload, and for having the rights and any consents needed to collect and process that data, including personal data of your borrowers.
• Account security: You must keep login credentials confidential, give access only to authorised Users, assign appropriate roles and permissions, remove access promptly when a User leaves, and tell us without delay if you suspect unauthorised access. You are responsible for activity under your accounts.
• Your systems: You are responsible for the devices, internet connectivity, printers and other equipment you use to access the Service.

3) Acceptable Use

You agree not to, and not to allow anyone else to:

• use the Service for any unlawful, fraudulent or deceptive purpose, or in violation of any applicable law or third-party rights;
• upload or transmit malicious code, or attempt to gain unauthorised access to the Service, other accounts, or our systems and networks;
• interfere with or disrupt the integrity, security or performance of the Service, including by excessive automated access;
• copy, modify, reverse engineer, decompile, or create derivative works of the Service, except to the extent permitted by law;
• resell, sublicense, rent or make the Service available to third parties other than your authorised Users;
• use the Service to send spam, harassing, abusive or misleading communications, or to engage in coercive or unlawful debt-recovery practices; or
• use the Service to build a competing product.

We may suspend access where reasonably necessary to prevent or stop a breach of this section or to protect the Service, other customers or the public.

4) WhatsApp Messaging

The Service may let you send WhatsApp messages (for example, loan reminders, receipts and notifications) to your customers through the WhatsApp Business Platform provided by Meta Platforms, Inc. and its affiliates (“Meta”).

• Your own account: You connect and use your own WhatsApp Business Account and phone number. You are the sender of messages sent from your account and are responsible for their content.
• Meta charges: You pay Meta directly, using the payment method set up in your WhatsApp Business Account or Meta Business account, for any WhatsApp conversation or message charges. These charges are separate from, and not included in, FinAcc fees unless we expressly agree otherwise in writing.
• Meta policies: You must comply with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, and any other Meta terms and policies that apply to your use of the WhatsApp Business Platform, as updated by Meta from time to time.
• Opt-in and opt-out: You must obtain valid opt-in consent from each recipient before sending them WhatsApp messages, keep appropriate records of that consent, and promptly honour any request to stop receiving messages.
• Our role: FinAcc acts as a technology provider that enables your use of the WhatsApp Business Platform. We are not responsible for Meta’s services, decisions or charges, including message template approvals or rejections, quality ratings, messaging limits, account or number restrictions, suspensions, pricing changes, or delivery of messages.
• If your WhatsApp access is restricted, or your use breaches Meta’s policies or these Terms, we may disable WhatsApp features for your account.

5) Data Ownership

• You retain all rights in the data you and your Users enter into or upload to the Service, including borrower, loan, pledge and accounting records (“Customer Data”).
• You grant us a limited right to host, store, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, to comply with law, and as otherwise instructed by you.
• We do not sell Customer Data. We handle personal information as described in our Privacy Policy.
• We may use aggregated, de-identified information about use of the Service that does not identify you or any individual to operate and improve the Service.
• FinAcc and its licensors own the Service, including its software, design, documentation and trademarks. No rights are granted other than those expressly set out in these Terms.

6) Availability and Support

• We aim to keep the Service available and use reasonable care to protect it, including through backups and security measures. However, we do not guarantee that the Service will be uninterrupted or error-free.
• The Service may be unavailable during scheduled maintenance, updates, or due to events beyond our reasonable control, including failures of internet, hosting, telecom, SMS, WhatsApp or other third-party services.
• Support is provided by phone, WhatsApp and email during our business hours (Monday to Saturday, 9:30 AM to 7:00 PM IST), or as set out in your Subscription.
• You should regularly export or keep copies of important reports and records as part of your own business continuity practices.

7) Fees and Payment

• You agree to pay the fees for your Subscription and any additional services as stated in our quotation, order, invoice or pricing page.
• Fees are exclusive of Goods and Services Tax (GST) and other applicable taxes, which will be charged as applicable.
• Unless agreed otherwise, fees are payable in advance for each billing period and are non-refundable except where required by law or expressly agreed in writing.
• If fees are not paid when due, we may, after notice, suspend access to the Service until payment is received. We may revise fees for future billing periods with prior notice.
• Third-party charges, such as Meta’s WhatsApp charges, SMS charges billed by other providers, or payment gateway fees, are your responsibility unless included in your Subscription.

8) Term and Termination

• Your Subscription continues for the agreed term and renews as set out in your order or invoice, unless either party ends it.
• You may stop using the Service and choose not to renew at any time by informing us. Fees already paid are not refundable unless required by law or agreed in writing.
• We may suspend or terminate your access if you materially breach these Terms (including non-payment or breach of the Acceptable Use or WhatsApp Messaging sections) and do not remedy the breach after notice, or immediately where required by law or to prevent harm.
• Data export: After termination or expiry, on request we will provide a reasonable opportunity for you to export your Customer Data in a commonly used format, subject to payment of any outstanding fees. After that period, we may delete Customer Data from our active systems, except where we are required by law to retain it.
• Sections that by their nature should survive termination (including Data Ownership, Fees owed, Limitation of Liability and Governing Law) will survive.

9) Disclaimer and Limitation of Liability

• Except as expressly stated in these Terms, the Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
• Calculations, reports and templates in the Service are tools to assist you. You remain responsible for verifying outputs and for your business, lending and compliance decisions.
• To the maximum extent permitted by law, FinAcc will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, arising out of or in connection with the Service or these Terms.
• To the maximum extent permitted by law, FinAcc’s total aggregate liability arising out of or in connection with the Service or these Terms will not exceed the fees you paid to FinAcc for the Service in the twelve (12) months before the event giving rise to the claim.
• You agree to indemnify FinAcc against third-party claims arising from your Customer Data, your messages, your business operations, or your breach of these Terms or applicable law.

10) Changes to These Terms

We may update these Terms from time to time. We will post the updated version on this page with a revised “Last Updated” date and, for material changes, we will make reasonable efforts to notify you in advance (for example, by email or in the Service). Continued use of the Service after changes take effect means you accept the updated Terms.

11) Governing Law and Jurisdiction

These Terms are governed by the laws of India. Subject to applicable law, the courts at Coimbatore, Tamil Nadu shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

12) Contact Us

FinAcc Technologies
1st Floor, Vallimayil Complex, Above Apollo Pharmacy,
Sikkalampalayam Road, Elur, Coimbatore 641032, Tamil Nadu, India
Phone: +91 81472 70720
Email: admin@finacc.in
Website: https://www.finaccsaas.in

See also our Privacy Policy.