Terms & Conditions

Welcome to Fyncr! At Fyncr we have created a system where a customer with one or more credit cards (including only those issued by Visa, Mastercard, American Express and Discover in the U.S. and including only those issued by Visa in Canada) can use the Fyncr application to pay their bills on a periodic basis. Using the product, you can manage your cards with the goal of avoiding charges for missing payments, all the while enjoying rewards from the best brands.

THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND FYNCR TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Scope of Services/Acceptance of Terms.

Fyncr Inc. (“Fyncr, Us or We”) is the owner and controller of a web-based product which can be accessed on our website (the “Website”) and/or mobile application (the “App”) that provides a User with the tools to make his/ her payments towards their credit card bills and includes other related facilities and services offered from time to time on Fyncr (collectively, the “Services”). Fyncr is NOT an investment advisor and does not provide any financial advice. For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

By accessing and using the Services and creating an account (“Account”), you (“You, Your or User”) acknowledge that you have fully read and agree to the terms and conditions contained hereinafter (“Terms of Service” or “Terms”). Supplemental terms may apply to certain portions of the Services, such as policies for a particular event, activity or promotion or new feature and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Your use of Services will be deemed your acceptance of the supplemental terms.

We may amend the Terms at any time by posting an updated version of the Terms of Service on the Website and/or the App. Any updated version of these Terms shall supersede the previous version of the Terms and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms or any future updated version of the Terms, by not using the Services. However, please be aware that your continued use of the Services for a period of 7 (seven) days from the launch of any updated Terms would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof or updated Terms.

You also agree to the terms of our Privacy Policy which is a part of these Terms

2. Eligibility

By registering with Fyncr and using the Services, you are representing the following:
a. You are 18 years of age or older;
b. You are capable of entering into a legally binding agreement; and
c. You are not barred or otherwise legally prohibited from accessing or using Fyncr Inc. & Fyncr the Services.

If you allow anyone to use your Account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the Terms. You will be responsible for all transactions such individuals effect in and/or through your account. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Fyncr Inc. reserves the right to revoke your access to the Services, Website and/or the App at our sole but reasonable discretion. We may also choose to suspend your Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.

3. Use of Services.

When you use the Services, you are representing to us that:
a. Your use of the Services shall not violate any applicable law or regulation, and that you fulfil the eligibility criteria set forth under Section 2.
b. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete, and up-to-date account information in your Account.
c. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by Fyncr Inc. inwriting, you may only possess one Account.
d. You are responsible for maintaining the confidentiality of the access credentials of your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your passcode or Account or any other breach of security.
e. Your use of the Services or its content is only for personal purposes. By using the Services, You agree that the you are aware and responsible for all transactions taking place through your Account. This includes payments made for credit cards that are not in the name of the Account Holder, but a family member, friend or acquaintance.
f. You agree that You will not decompile, reverse engineer, disassemble content, remove any intellectual property right associated with the Services, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
g. You shall not access or use the Services in any manner that may be harmful to the operation of the Services or its content.
h. You shall not use the Services for commercial purposes, or use the Services in any way that is unlawful, or harms Fyncr Inc. or any other person or entity. You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services, the Website and/or the App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Services.
j. You will not delete or modify any content of the Services, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.
k. Your use of the Services constitutes your consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Your continued use of the Services following such Updates would mean deemed acceptance by you of the same.
l. You acknowledge and agree that not all products, services and rewards offered through the Services are available in all geographic areas and you may not be eligible for all the products, services and rewards offered through the Services. Fyncr reserves the right to determine the availability and eligibility for any product, services and rewards offered through the Services.
m. If your device has been lost or stolen, we may to block your Account and change your passcode, but shall not be obligated to do so until you notify us.

4. Violation of Terms of Use / Suspicious Activity.

If we believe that you have violated any of these Terms or our Privacy Policy , we reserve the right to suspend your access to the Services and/or delete your Account without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your Account, we may temporarily or permanently suspend your access to the Services. You may reach out to the Fyncr support team to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same. You may end your legal agreement with Fyncr at any time by deactivating your Account and discontinuing the use of the Services. We provide all our Users an option through which a User may request archive of a specific Card stored on his/her Account or deletion/deactivation of the complete Account through the support section on the Website or the App. Following such request, we consider the agreement to be terminated and take appropriate steps. You will be responsible for any transactions which are in process at the time of any such termination.

5. Fees

You are responsible for any fees that maybe applicable to certain transactions or use of the Services; where you will be notified of such applicable fees, prior to the completion of any transaction. Only if you consent to paying the above-mentioned fees, shall the transaction go ahead. All fees shall be determined by Fyncr Inc. and will be inclusive of taxes.

6. Refunds

You are responsible for all the information you input in your Account, including the correctness of details for payment of your credit card bill and all charges that result from these payments. Fyncr Inc. shall not be responsible for any payment for an incorrect credit card account or bill payment number. In case, money has been charged to your card or bank account and a payment/service is not delivered by the service provider within 72 working hours of your completion of the transaction then you may inform us regarding the same through the customer support section of the Website or the App. We shall investigate such incidents and if it is found that money was indeed charged to your card or bank account without delivery of the payment/service then you will be refunded the money within twenty-one (21) working days from the date of receipt of your email. All refunds will be credited to your card or bank account. Fyncr Inc. will have the sole discretion to determine the mode of reversal from the above-mentioned options. However, Fyncr Inc. disclaims any and all liability, including for refunds, in the event of any error arising from a failure in the applicable bank or credit card service provider’s system or network.

7. Offers & Rewards

To participate and win rewards and other offers as made available within the Services, You must agree to the offer/reward terms and conditions. You agree that your participation in the offer constitutes your understanding of an agreement to the offer terms and conditions. The offer terms and conditions form a binding legal agreement between you and Fyncr with respect to the offers, and any undefined terms used in the offer terms and conditions shall have the meaning set forth in these terms and conditions. Fyncr reserves the right, at its sole discretion, to disqualify any User who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations. Fyncr also reserved the right to discontinue or change any offeror reward or the Fyncr offer programme at any time, at its sole discretion.
For eligibility, in addition to your compliance of these terms and conditions, You must meet the eligibility criteria for each offer to participate. Details of each offer and/or reward and the eligibility terms and conditions for each offer shall be provided in the offers page of the Services. Offers provided to a particular User may vary from User to User

8. Privacy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to these Terms of Use, you hereby agree to our Privacy Policy , which may be updated and/or modified by us from time to time.

9. PCI/DSS Compliance

Fyncr Complies with The Payment Card Industry Data Security Standards Council guidelines, as an authorized payment system operator.

10. Disclaimer

The Services, including all content, software, functions, material, and information made available or accessible through the Services are provided “as is”. Fyncr Inc., Fyncr, their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services. Fyncr Inc. does not warrant that the functions contained in content, information and materials on the Services, the Website and/or the App, including, without limitation any third-party sites or services linked to the Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Services or the servers that make such content, information, and materials available are free of viruses or other harmful components.
Further, You understand that a payment transaction is solely between You and the issuer of the applicable credit card, and that Fyncr Inc. does not provide any guarantees or warranties with respect to the Services.

11. Limitation of Liability

In no event shall Fyncr Inc., its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, direct and indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Fyncr Inc. has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your direct or indirect use of, or access to, the Services.
In no event shall Fyncr Inc.’s total cumulative liability to You in connection with the Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees paid by you to Fyncr Inc. during the 6 month period immediately preceding the date of the claim.

12. Indemnity

You agree to defend, indemnify and hold harmless Fyncr Inc., its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses(including any legal fees) of any third party related to or arising from:
a. your use of and access to the Services;
b. your violation of any of these Terms;
c. your violation of any third party right, including any intellectual property right or privacy right;
d. the committing of any of the prohibited activities as stated here;
e. your failure to be in compliance with applicable law, including tax regulations; or
f. any claim that your use of the App caused damage to a third party.

13. DISPUTE RESOLUTION-MANDATORY ARBITRATION

READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER WILL BE RESOLVED.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY CONTROVERSY, DISPUTE OR CLAIM (“CLAIM”) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SERVICES, WEBSITE, RETAILERS, BRANDS AND THIRD PARTY PROVIDER YOUR ACCOUNT, AND/OR THE RELATIONSHIPS OF THE PARTIES HERETO SHALL BE RESOLVED OR OTHERWISE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), UNDER THE AAA CONSUMER RULES IN EFFECT AT THE TIME THE CLAIM IS FILED. SUCH ARBITRATION SHALL TAKE PLACE IN WILMINGTON, DELAWARE.

THE ARBITRATOR’S DECISION SHALL BE FINAL, BINDING AND NON–APPEALABLE. ANY JUDGMENT UPON THE AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. THE ARBITRATOR SHALL DETERMINE THE PREVAILING PARTY, AND THE COSTS AND EXPENSES OF THE ARBITRATION PROCEEDING, INCLUDING THE ARBITRATOR’S FEES, SHALL BE BORNE BY THE NON-PREVAILING PARTY, UNLESS OTHERWISE REQUIRED BY LAW. THIS MANDATORY ARBITRATION PROVISION SHALL SURVIVE THE CLOSING OF YOUR ACCOUNT, TERMINATION OF THE SERVICES, AND THE TERMINATION OF THIS AGREEMENT. NO PROVISION OF THIS AGREEMENT, ANY OTHER AGREEMENT BETWEEN THE PARTIES, NOR THE EXERCISE OF ANY RIGHT UNDER THIS AGREEMENT, SHALL WAIVE THE ARBITRATION REQUIREMENT.

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD THE RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED THROUGH AN ARBITRATION. IF THE PARTIES PURSUANT TO AN EXCEPTION EXPRESSLY PROVIDED HEREIN PROCEED TO LITIGATION, THE PARTIES EXPRESSLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.

14. CLASS ACTION WAIVER

ANY CLAIM AGAINST THE CREDIT UNION MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFFS OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM, INCLUDING ARBITRATION. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION, NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES AGREE THAT THE COURT WITH EXCLUSIVE JURISDICTION SHALL BE THE COURT LOCATED IN WILMINGTON, DELAWARE OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD THE RIGHT TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH AN ARBITRATION.

15. Use and Protection of Intellectual Property Rights

Fyncr Inc., Fyncr and the App Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Fyncr Inc.'s express written permission. You are hereby given a limited, non-assignable licence to use the App Services, subject to your agreement of these Terms. All of the above-mentioned information, content or material is our and our licensor’s intellectual property. Fyncr Inc. Fyncr and its licensors, if any, are the sole owners of the underlying software and source code associated with the App Services and all the trademarks, copyright an any other intellectual property rights of any nature in the Product.

When you upload, submit, store, send or receive content that may include feedback to or through our App, you give Fyncr, a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by Fyncr. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the App Services, and to develop new ones. This licence continues even if you stop using the App Services.

16. Governing Law and Jurisdiction

The Services, and our relationship shall be governed by the laws of the state of Delaware (USA), without regard to conflict of law principles. You agree that to the extent any claim or controversy is not subject to the Mandatory Arbitrations provision in Section 13 above, jurisdiction over and venue for such claim shall be exclusively in the state and federal courts of the state of Delaware and the parties hereby submit to the jurisdiction of such courts.

17. Assignment

We may assign or transfer these Terms in whole or in part, including to (i) a subsidiary or an affiliate; (ii) an acquirer of Fyncr Inc.’s equity, business or assets; or (iii) a successor by merger.

18. General

No joint venture, partnership, employment or agency relationship exists between you, Fyncr Inc. or any Third Party as a result of this Agreement or the use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part there of shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or under takings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

19. Contact us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact us at
Email: support@fyncr.com

SPECIAL TERMS AND CONDITIONS FOR THE REWARD SECTION (LvL)

These terms and conditions are specific to your access and participation in the Rewards program (formerly known as REWARDS or LVL) introduced by Fyncr Inc. (“Fyncr”). By accessing or participating in the Rewards program (hereinafter referred to as the “Program”), you agree to the following terms and conditions and acknowledge that you have read the terms in their entirety. These terms and conditions are applicable to you and are part of and subject to the Terms of Service Agreement (the “Terms of Service”) governing Your use of the Services as defined therein. . In case of any discrepancy or dispute between the terms of this Program and the Terms of Service, these terms will prevail with respect to the Program.

Your use of and participation in the Program constitutes your agreement to these terms.

1. Scope of the Program:

a. The Program enables You to participate in multiple Rewards related programs (“Reward Programs”) offered by Fyncr, to win benefits such as cashbacks, discounts, offers, deals, and third-party goods and services from Fyncr (“Rewards”). Each User is awarded a pre-designated number of points (“Fyncs or fnx”) when they pay their credit card bills through the Fyncr platform based upon the amount of bill payment made towards their credit card. The Fyncs or fnx awarded to the User is at the sole discretion of Fyncr.
b. Users can participate in the Program only by using the Fyncs or fnx awarded to them by Fyncr. Fyncr does not permit any User to purchase any Fyncs to enter the Program.

2. Eligibility

a. Users must be 18 years of age or older to participate in the Program, and must be capable of entering into a legally binding agreement.
b. The eligibility criteria may be altered by Fyncr from time to time and any decision taken by Fyncr in that regard shall be final and binding on all Users.

3. Disclaimers

a. The Rewards Section program is offered to the Users on an “as is” basis and without warranty or condition. The Program may not be uninterrupted or error-free. Users waive all special, indirect and consequential damages against Fyncr
b. Fyncr reserves the right to deactivate or delete the your Account, all related information on it, and forfeit all Rewards from the User, at its sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from the User Account on the Fyncr platform
c. Fyncr is not responsible for any tax implications on the User from their participation in the Program. Users must obtain independent tax advice before participating in the Program.