Flinks End User Agreement

Revised March 23, 2023

Your use of bank account verification enabled by Flinks API (“Flinks Service”) from within Keep website (the “Software”) is subject to the following terms:

1. Proprietary Rights. You are permitted to use the Flinks Service, and all information, data or other materials delivered to you through the Flinks Service only with and as enabled by the Software. You may not copy, reproduce, distribute, or create derivative works from this information, data, or other materials. Further, you agree not to reverse engineer or reverse compile any of the Flinks Service or Software technology.
2. Content You Provide. You hereby grant to Keep Technologies Corp., its permitted licensees (“Keep”) and Flinks Technology, Inc. (“Flinks”), a revocable licence to use any usernames, passwords, answers to challenge questions, security tokens and other credentials you provide through or to the Flinks Service or through the Software (collectively the “Credentials”). Keep and Flinks may use, modify, display, and distribute such Credentials only to provide the Flinks Service to you. By submitting Credentials, you represent that the Credentials are for accounts in your name and you expressly agree that Keep and Flinks may use the Credentials for the purposes set out in this Flinks End User Agreement, any other agreements that you may have with Keep or Flinks, and that you have the authority to agree to same.
3. Third Party Accounts. 
4. By using the Software and the Flinks Service, you authorize Keep and Flinks to access third-party financial accounts designated by you, on your behalf, to retrieve information requested by you, including personal information, and to register for accounts requested by you. For all purposes hereof, you hereby grant Keep and Flinks a limited power of attorney, and you hereby appoint Keep and Flinks as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you the Flinks Service. You acknowledge and agree that when Keep or Flinks accesses and retrieves information from third-party financial accounts Keep and Flinks are acting as your agent, and not the agent or on behalf of the third party financial account provider. You agree that third-party financial account providers shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You. You understand and agree that the Flinks Service is not endorsed or sponsored by any third-party financial account providers accessible through the Flinks Service.

1. You acknowledge and agree that the information collected from your third-party financial account by Flinks does not represent an official record of your third-party financial account. You agree that any claim in relation to the foregoing will be brought directly against Keep, and you waive your right to bring any such claim against Flinks or any of its affiliates.

1. Disclaimer of warranties. You expressly understand and agree that:

1. Your use of the Flinks Service and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service is at your sole risk. The Flinks Service is provided on an “as is” and “as available” basis. Keep and Flinks expressly disclaim all representations, warranties, and conditions of any kind as to the Flinks Service and Software, and all information, products and other content (including that of third parties) included in or accessible from the Flinks Service or Software, whether express or implied, including, but not limited to the implied warranties of merchantability, merchantable quality, fitness for a particular purpose and non-infringement.
2. Keep and Flinks make no representation, warranty, or condition that (i) the Flinks Service or Software will meet your requirements, (ii) the Flinks Service or Software will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Flinks Service or Software will meet your expectations, or (iv) any errors in the technology will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Flinks Service or Software is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Keep or Flinks through or from the Flinks Service or Software will create any warranty not expressly stated in these terms.

1. Limitation of liability. 

1. You agree that neither Keep or Flinks nor any of their affiliates, financial account providers or any of their affiliates will be responsible or liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Keep or Flinks has been advised of the possibility of such damages, resulting from:

1. the use or the inability to use the Flinks Service or Software;
2. the cost of getting substitute goods and services,
3. any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Flinks Service or Software;
4. unauthorized access to or alteration of your transmissions or data;
5. statements or conduct of anyone on the Flinks Service or Software;
6. the use, inability to use, unauthorized use, performance or non-performance of any third-party account provider site, even if the provider has been advised previously of the possibility of such damages; or
7. any other matter relating to the Flinks Service or Software,

and you waive your right to bring any claim resulting from the above against Keep, Flinks or their respective affiliates.

2. You agree that Flinks is not liable for Keep’s collection, use, or disclosure of the personal information, or any unauthorized access, use, or disclosure of your personal information while such information is on the possession or control of Keep, or for any misleading representation related to the collection, use, and disclosure of your personal information by Keep. You agree that any claim in relation to the foregoing will be brought directly against Keep, and you waive your right to bring any such claim against Flinks or any of its affiliates.

6. Indemnification. You agree to protect and fully compensate Keep and Flinks and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys/legal fees) caused by or arising from your use of the Flinks Service or Software, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
7. Third Party Beneficiary. You agree that Flinks is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Flinks were a party to this Flinks End User Agreement.
8. Termination. Keep has the right to terminate the Flinks Service at any time.