Terms of Service

Fynbase is a business software platform designed to help organizations manage financial and operational workflows.

Depending on the features available to you, the Services may assist with activities including:

• accounts receivable
• accounts payable
• invoices and bills
• procurement
• purchase requests and purchase orders
• approval workflows
• customer and supplier management
• financial and operational documents
• business communications
• reconciliation
• workflow automation
• AI-assisted analysis and recommendations

Features may vary based on your subscription plan, configuration, integrations, and product availability.

We may add, modify, or discontinue features as the Services evolve. We will use commercially reasonable efforts to provide advance notice if a change materially reduces core functionality being used by a paying Customer.

Unless expressly stated otherwise in separately applicable terms, Fynbase is a software platform and is not a bank, accounting firm, law firm, tax adviser, investment adviser, broker, or other financial institution. These Terms do not authorize Fynbase to hold or transmit customer funds, originate ACH transactions, or provide card-processing, lending, or banking services. Any such offering requires separately applicable terms and authorization before use.

The Services are intended for business and commercial use and are not intended for personal, family, or household purposes.

You must be at least 18 years old and legally capable of entering into a binding agreement.

If you use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

You may use the Services only in accordance with applicable law and these Terms.

Certain features require a Fynbase account.

You agree to provide accurate, current, and complete information when creating and maintaining your account.

You are responsible for safeguarding your login credentials and for activity conducted through accounts under your control.

You must promptly notify us at support@info.fynbase.co if you believe:

• your account has been accessed without authorization
• login credentials have been compromised
• an integration or connected account has been compromised; or
• there has been any other unauthorized access to your organization’s Fynbase account.

You may not share account credentials with unauthorized persons. Invited external users may access only the records and functions authorized for them and must comply with the applicable access, acceptable-use, confidentiality, and security provisions. Receiving a communication alone does not create a paid subscription or authorize a financial transaction.

Organizations may designate administrators and other authorized users.

Administrators may be able to:

• invite and remove users
• assign roles and permissions
• access organizational information
• configure approval workflows
• establish thresholds and business rules
• connect third-party services; and
• enable and configure automations.

Customer is responsible for determining who may access its Fynbase account and which permissions each user should receive.

Actions taken through an authorized user account may be treated as actions authorized by Customer.

Customer is responsible for promptly updating or removing access when a user’s responsibilities or authorization change.

Fynbase may allow Customer to configure approval requirements, authorization thresholds, workflow rules, and other controls.

Customer remains responsible for establishing internal controls appropriate for its business, including determining:

• who may create or modify records
• who may approve actions
• which actions require multiple approvals
• which monetary thresholds apply
• which automated actions are permitted; and
• which actions require human review.

Fynbase provides tools to support these processes but does not determine what internal controls are appropriate for a particular Customer.

Fynbase may provide artificial intelligence, machine learning, agents, assistants, and automated workflows (“AI Features”).

Depending on your configuration, AI Features may:

• extract information from invoices, bills, emails, purchase orders, and documents
• classify or organize information
• identify discrepancies, exceptions, or missing information
• match records
• summarize financial or operational activity
• generate recommendations
• draft communications
• generate reminders
• suggest actions; and
• execute Customer-configured workflows.

AI-generated outputs may contain errors, omissions, inaccuracies, or unexpected results.

You are responsible for reviewing material outputs before relying on them for accounting, financial, procurement, tax, legal, compliance, or other significant business decisions.

Fynbase does not guarantee that AI-generated outputs will always be accurate, complete, current, or appropriate for your particular circumstances.

Certain workflows may take actions after Customer enables, configures, or authorizes them.

These actions may include:

• sending communications
• updating records
• categorizing information
• routing documents
• creating follow-up tasks; or
• interacting with connected applications.

Customer is responsible for reviewing and maintaining the permissions, thresholds, instructions, and business rules associated with automated workflows.

Where human-review or approval controls are available, Customer is responsible for configuring those controls appropriately.

Customer remains responsible for determining whether workflows, approval thresholds, instructions, policies, and automation rules configured within Fynbase are appropriate for its business.

Templates, recommendations, examples, and suggested configurations provided by Fynbase do not replace Customer’s own judgment or internal controls.

“Customer Data” means information, documents, files, records, communications, and other content submitted to, connected to, generated through, or processed through the Services by Customer or its users.

As between Customer and Fynbase, Customer retains its ownership rights in Customer Data.

Customer grants Fynbase a limited, non-exclusive, worldwide right to access, host, transmit, process, reproduce, and otherwise use Customer Data as reasonably necessary to:

• provide and operate the Services
• perform Customer-requested workflows
• maintain and secure the Services
• provide customer support
• prevent fraud, abuse, misuse, and security threats
• comply with applicable law; and
• perform activities described in our Privacy Policy and Data Processing Addendum.

Customer represents and warrants that it has all rights, permissions, notices, and legal authority necessary to provide Customer Data to Fynbase and permit Fynbase to process it.

Customer Data may include information relating to customers, suppliers, vendors, employees, contractors, invoice recipients, or other persons or organizations that do not maintain Fynbase accounts.

Customer is responsible for ensuring that it has appropriate legal authority to provide such information to Fynbase and for providing any notices or obtaining any permissions or consents required by applicable law.

Fynbase may use third-party artificial intelligence service providers to process Customer Data when necessary to provide AI Features.

Such providers may process information on Fynbase’s behalf in accordance with our Privacy Policy, Data Processing Addendum, and applicable subprocessor disclosures.

Fynbase will not use Customer confidential information or business, financial, or operational data to train generalized artificial intelligence models for use by unrelated customers or third parties unless Customer expressly consents to such use. Fynbase will require AI providers processing that data on its behalf to observe the same restriction.

Enabling AI Features or accepting these Terms does not itself constitute training consent. Any such consent must separately identify the data and intended use. Aggregation or de-identification will not be used to circumvent this restriction.

Subject to the preceding training restriction and applicable law, Fynbase may use aggregated or de-identified information that does not reasonably identify Customer or an individual to operate, analyze, secure, develop, and improve the Services. Fynbase will maintain safeguards against re-identification and will not attempt to re-identify that information except to validate de-identification as permitted by law.

The Services may integrate with accounting platforms, financial institutions, payment providers, email services, document-storage platforms, ERP systems, communication tools, and other third-party products or services (“Third-Party Services”).

By enabling an integration, Customer authorizes Fynbase to access, receive, transmit, and process information through the Third-Party Service as reasonably necessary to provide the requested functionality.

Third-Party Services are governed by their own terms, policies, and agreements.

Fynbase does not control and cannot guarantee the availability, accuracy, security, functionality, or continued compatibility of Third-Party Services.

Changes, restrictions, or interruptions to a Third-Party Service may affect related Fynbase functionality.

Customer is responsible for:

• managing authorized users
• maintaining appropriate roles, permissions, and approvals
• maintaining appropriate financial and operational controls
• configuring automated workflows appropriately
• reviewing material AI-generated outputs
• maintaining the accuracy of information where appropriate
• complying with applicable laws and regulations
• securing Customer-controlled devices, networks, accounts, and credentials; and
• maintaining authorization to access connected Third-Party Services.

Fynbase does not replace Customer’s finance, accounting, procurement, legal, tax, compliance, or internal-control functions.

You may not use the Services for unlawful, fraudulent, deceptive, abusive, or harmful purposes.

You may not:

• create or submit fraudulent invoices, bills, records, or documents
• impersonate another person or organization
• access information without authorization
• attempt unauthorized access to the Services or another account
• bypass or interfere with security or authentication measures
• distribute malware, malicious code, or harmful software
• intentionally interfere with the operation or security of the Services
• violate another person’s privacy, intellectual-property, or other legal rights
• use the Services to facilitate unlawful transactions or activities
• use unauthorized automated methods to extract Fynbase proprietary information
• reverse engineer the Services except where applicable law expressly permits it
• attempt to discover source code, underlying models, or non-public technical components of the Services except as expressly permitted by law
• use the Services in a manner that materially burdens or disrupts Fynbase systems; or
• misrepresent the source, accuracy, or authenticity of financial or operational records.

Fynbase may investigate suspected misuse and may suspend or restrict access where reasonably necessary to address security, fraud, legal, compliance, or platform-integrity risks.

Each party may receive non-public business, financial, technical, product, security, customer, pricing, or operational information from the other party (“Confidential Information”).

The receiving party will:

• use Confidential Information only in connection with the parties’ relationship
• protect Confidential Information using reasonable safeguards; and

disclose Confidential Information only to personnel, contractors, professional advisers, and service providers who require access and are subject to appropriate confidentiality obligations.

Confidential Information does not include information that:

• becomes publicly available without breach of these Terms
• was lawfully known by the receiving party without confidentiality restrictions
• is lawfully obtained from another source without confidentiality restrictions; or
• is independently developed without use of the disclosing party’s Confidential Information.

A party may disclose Confidential Information where required by applicable law, regulation, subpoena, court order, or governmental authority.

Where legally permitted, the receiving party will provide reasonable notice before making such disclosure.

Our Privacy Policy describes how Fynbase collects, uses, shares, and protects personal information.

Where Fynbase processes personal information on Customer’s behalf, the Fynbase Data Processing Addendum applies where applicable.

Fynbase may use third-party service providers and subprocessors to provide infrastructure, artificial intelligence, communications, analytics, security, support, and other functionality necessary to operate the Services.

Fynbase will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, loss, or disclosure.

Additional information regarding our security practices may be provided through our Security & Trust materials.

No online service, information system, or method of electronic transmission is completely secure.

Customer remains responsible for maintaining reasonable security over Customer-controlled devices, networks, credentials, users, accounts, and integrations.

Certain Services require payment of subscription, onboarding, implementation, usage, or other fees.

Applicable fees will be disclosed before purchase through an Order Form, subscription page, proposal, checkout flow, or other applicable agreement.

Customer agrees to pay all applicable fees and taxes when due.

Subscriptions may be offered on monthly, annual, or other billing cycles.

Fynbase may change subscription pricing for future renewal periods by providing reasonable advance notice.

Unless otherwise stated at the time of purchase or in an applicable Order Form, paid subscriptions automatically renew for successive periods equal to the then-current subscription period.

You may cancel your subscription at any time through the available account-management process or by contacting support@info.fynbase.co.

To avoid charges for a renewal period, cancellation must be completed before the applicable renewal date.

Unless otherwise expressly agreed, cancellation becomes effective at the end of the then-current paid subscription period.

Customer may continue using the applicable paid Services through the end of that period.

Cancellation does not relieve Customer of fees incurred before the effective date of cancellation.

Except where required by applicable law or expressly stated in an applicable Order Form, all fees are non-refundable and non-creditable.

Fynbase does not provide refunds or credits for:

• partially used subscription periods
• unused portions of a subscription following cancellation
• periods during which Customer chooses not to use the Services; or
• Customer’s failure to cancel before an automatic renewal.
• Any trial, promotional, or separately negotiated refund terms apply only if expressly stated in writing.

Fees do not include applicable taxes unless expressly stated otherwise.

Customer is responsible for applicable sales, use, value-added, withholding, or similar taxes associated with its purchase or use of the Services, excluding taxes based on Fynbase’s net income.

By creating an account or using the Services, you consent to receive communications from Fynbase electronically, including by email, through the Services, or through other electronic means.

Electronic communications may include:

• account notices
• billing information
• security alerts
• service announcements
• legal notices; and
• other communications relating to your use of the Services.
• You are responsible for maintaining an accurate email address associated with your account.

Fynbase may suspend access to some or all of the Services where reasonably necessary because:

• Customer materially violates these Terms
• applicable fees remain unpaid
• Fynbase reasonably suspects fraud or unauthorized activity
• Customer’s use creates a material security risk
• continued use could materially harm Fynbase, another Customer, or a third party; or
• suspension is required by applicable law or a governmental authority.

Where reasonable under the circumstances, Fynbase will notify Customer and provide an opportunity to resolve the issue.

Customer may terminate its account or subscription in accordance with Section 17.

Fynbase may terminate Customer’s account for a material breach of these Terms if the breach is not cured within a reasonable period following notice, where the breach is capable of cure.

Fynbase may suspend or terminate access immediately where reasonably necessary because of fraud, unlawful activity, significant security risks, or legal requirements.

Following expiration or the effective date of cancellation or termination, Customer will have 30 calendar days to request or complete an available export of Customer Data. A cancellation request made before the end of a paid subscription term does not start the export period early. Customer may contact support@info.fynbase.co for export assistance. Fynbase will preserve data subject to a timely export request while completing it. Security restrictions may require verified delivery rather than restored account access.

Unless earlier lawful deletion is requested, Fynbase will delete or irreversibly de-identify Customer Data from active systems within 30 days after the export period ends, subject to a timely pending export, applicable written agreements, or legally required retention. Residual backup copies will expire within 90 days after active-system deletion and remain protected and unavailable for ordinary processing. Legally required retention will be limited to the necessary records and purpose. The DPA governs personal-data return and deletion, including any required choice of deletion rather than de-identification.

Customer is responsible for exporting information it wishes to retain during the applicable export period.

Fynbase and its licensors retain all right, title, and interest in and to the Services, including:

• software
• technology
• interfaces
• designs
• documentation
• trademarks
• models
• algorithms
• systems
• workflows; and
• related intellectual property.

Subject to these Terms and payment of applicable fees, Fynbase grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for Customer’s internal business purposes during the applicable subscription period.

Except for rights expressly granted under these Terms, no rights in Fynbase intellectual property are transferred to Customer.

As between Customer and Fynbase, Customer retains its ownership rights in Customer Data and Customer-created content. To the extent permitted by applicable law, Fynbase does not claim ownership of AI-generated outputs created for Customer through the Services.

AI-generated outputs may not be unique, and other users may receive similar or identical outputs. Fynbase does not represent that AI-generated outputs are eligible for intellectual-property protection or that their use will not infringe third-party rights. Customer is responsible for evaluating its intended use of outputs.

Customer retains its rights in Customer-specific business information supplied to Fynbase, including policies, thresholds, instructions, approval rules, business logic, and proprietary data. Fynbase may independently develop similar templates, features, or workflows, provided it does not use or disclose Customer Confidential Information in violation of these Terms.

If Customer voluntarily provides suggestions, ideas, or feedback concerning Fynbase, Customer grants Fynbase a perpetual, irrevocable, worldwide, royalty-free right to use that feedback to develop, improve, market, and operate its products and services. This does not transfer ownership of Customer Data or Customer Confidential Information or expand the permissions in Section 9.

Fynbase may offer beta, preview, experimental, or early-access features. These features may change, contain errors, be incomplete, have limited support, or be discontinued. Unless expressly agreed otherwise in writing, they should not be relied upon for critical business operations. Confidentiality, security, and applicable data-processing commitments continue to apply to Customer Data used with these features.

Information, recommendations, classifications, analyses, and AI-generated outputs are intended to assist Customer's business operations. They do not constitute legal, accounting, tax, investment, financial-planning, or other professional advice. Customer remains responsible for its decisions and for obtaining professional advice where needed.

Fynbase aims to provide reliable access but does not guarantee uninterrupted availability unless a separately executed service level agreement expressly provides otherwise. Maintenance, updates, infrastructure or third-party failures, emergencies, security events, and circumstances outside Fynbase's reasonable control may affect availability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. EXCEPT FOR EXPRESS OBLIGATIONS IN THE AGREEMENT, FYNBASE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FYNBASE DOES NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE OPERATION, OR THE ACCURACY OR COMPLETENESS OF AI OUTPUTS, THIRD-PARTY DATA, OR AUTOMATED RESULTS.

These disclaimers do not reduce Fynbase's express confidentiality, security, or data-processing obligations and do not exclude rights or warranties that cannot lawfully be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

FYNBASE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE FEES CUSTOMER PAID TO FYNBASE FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR US $100.

These limitations apply regardless of the theory of liability and even if a party has been advised of the possibility of such damages. They do not limit liability for fraud, willful misconduct, or any liability that applicable law prohibits limiting. They do not excuse Customer's payment obligations or limit mandatory rights of individuals under data-protection law. A separately executed agreement may establish different liability terms.

Customer will defend and indemnify Fynbase and its officers, directors, employees, and agents against third-party claims, damages finally awarded, and settlements Customer approves arising from Customer's unlawful use of the Services, Customer Data that infringes another party's rights, or Customer's failure to obtain required rights or permissions for data submitted to Fynbase. This obligation does not apply to the extent a claim results from Fynbase's breach of the Agreement, negligence, or willful misconduct.

Fynbase will promptly notify Customer of a claim, provide reasonable cooperation at Customer's expense, and allow Customer to control the defense with qualified counsel. Delayed notice relieves Customer only to the extent materially prejudiced. Customer may not settle a claim in a manner admitting fault by Fynbase or imposing nonmonetary obligations on Fynbase without Fynbase's prior written consent, not to be unreasonably withheld. Fynbase may participate with its own counsel at its own expense.

PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES FOR INDIVIDUAL BINDING ARBITRATION OF MOST DISPUTES AND LIMITS CLASS PROCEEDINGS.

California law governs these Terms, without regard to its conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement. Mandatory protections under applicable law remain unaffected.

Before initiating arbitration, a party must send written notice describing the dispute, relevant facts, requested relief, and contact information. Notices to Fynbase must be sent to support@info.fynbase.co or to the address in Section 37. Fynbase will send notices to Customer's account email or business address. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. Either party may seek urgent provisional relief or file as necessary to preserve a claim before a deadline; applicable limitation periods will be tolled during this process to the extent permitted by law.

Except for the exceptions below, unresolved disputes arising out of or relating to these Terms or the Services will be resolved by one neutral arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules, available at www.adr.org. If applicable law or AAA requires consumer rules or fee protections, those rules and protections apply. Fees are allocated under the applicable rules and law; no party must bear fees prohibited by law.

The legal seat of arbitration is Santa Clara County, California, unless the parties agree otherwise or applicable law requires otherwise. The parties may agree to a remote or documents-only proceeding, subject to the applicable rules. The arbitrator may award relief available under applicable law, must issue a reasoned written award, and may not override nonwaivable statutory rights. A court with jurisdiction may enter judgment on the award. A court, rather than the arbitrator, decides disputes about the formation or enforceability of this arbitration agreement and the class waiver.

Either party may bring an individual action in a small claims court with jurisdiction, provided it remains there, or seek temporary injunctive relief in court to protect confidential information or intellectual property pending arbitration. These Terms do not prevent complaints to government agencies or relief that applicable law makes nonwaivable, including public injunctive relief where available. A court will decide any claim for relief that cannot lawfully be arbitrated.

TO THE EXTENT PERMITTED BY LAW, THE PARTIES WILL BRING CLAIMS ONLY IN THEIR INDIVIDUAL CAPACITIES, NOT AS PLAINTIFFS OR CLASS MEMBERS IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE PARTIES WAIVE A JURY TRIAL FOR CLAIMS VALIDLY SUBJECT TO ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT CUSTOMERS' CLAIMS WITHOUT ALL PARTIES' CONSENT.

If the class waiver is unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court, with the remainder in arbitration to the extent lawful. For court proceedings permitted by this section, the parties consent to the state courts in Santa Clara County and the federal courts for the Northern District of California, subject to small claims jurisdiction and mandatory law.

Customer may opt out of arbitration by emailing support@info.fynbase.co within 30 days after first accepting these Terms, identifying its account, business name, and desire to opt out. Opting out will not affect other Terms. If Customer opts out, disputes will proceed in the courts identified above, subject to mandatory law.

We may update these Terms. Material changes will be notified through the Services or by email at least 30 days before taking effect, except changes needed sooner to comply with law or address an urgent security issue. Changes will apply prospectively. Continued use after the effective date constitutes acceptance to the extent permitted by law; where affirmative agreement is required, we will obtain it. If Customer does not agree, it may cancel under Section 17. Changes will not retroactively alter a dispute already notified to either party.

These Terms, the applicable DPA, applicable Order Forms, and separately executed agreements constitute the agreement concerning the Services and supersede prior discussions on that subject. The Privacy Policy provides privacy disclosures. The DPA controls conflicts concerning processing of personal data, subject to mandatory law and any valid transfer terms. Other conflicts with separately executed agreements are governed by the opening provisions of these Terms.

Customer may not assign the Agreement without Fynbase's prior written consent, not to be unreasonably withheld. Fynbase may assign the Agreement in connection with a merger, reorganization, or sale of substantially all relevant assets, provided the successor assumes its obligations. An assignment does not expand permitted uses of Customer Data.

Neither party is responsible for delay caused by events outside its reasonable control, provided it takes reasonable steps to mitigate the effects. This does not excuse fees already due or obligations to safeguard retained data. The parties are independent contractors; the Agreement does not create a partnership, employment, fiduciary, or general agency relationship.

Failure to enforce a provision is not a waiver. An unenforceable provision will be limited to the extent lawful, and the remaining provisions remain effective, subject to Section 34. Confidentiality, accrued payment obligations, intellectual-property provisions, liability provisions, dispute resolution, and provisions that by their nature should survive will survive termination. Data-protection obligations survive for as long as Fynbase retains the relevant data.

Fynbase

1601 McCarthy Blvd, Suite R-5, Milpitas, CA 95035, United States

Email: support@info.fynbase.co