View Our Terms of Service | Finale Inventory

Terms of Use

Welcome to FinaleInventory.com, the website, and online service of Finale, Inc. (“Finale,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, websites, APIs, SDKs, email notifications, and Software provided in connection with the service (collectively the ”Service“). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Finale Inventory Privacy Policy. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Contents:

1. USE OF OUR SERVICE

Finale provides a cloud hosted inventory management service and barcode scanner software that integrates with Windows Mobile barcode scanners.

a. Eligibility.

This is a contract between you and Finale. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Finale, are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited.

b. Finale Accounts.

In order to use certain features of the Service, you must register for a Finale account. Your Finale Account gives you access to the functionality and features of the Service that we may establish and maintain from time to time. If you access the Service using a Free Account, you may use the Service in accordance with the terms of this Agreement. Finale may terminate or suspend your Free Account at any time for any reason without liability to you.

c. Finale Services.

Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-assignable, non-transferable license to internally use and access the Service solely as necessary to manage your inventory in accordance with the documentation included in the Service.

d. Finale Software.

Use of any software made available via the Service is governed by the terms of the license agreement that accompanies or is included with the Software.

e. Publicity.

If you are using a Paid Service, you grant to Finale permission to use your entity name, logo, or identifying marks in promotional material.

f. Usage Limits.

Users with a Free Account may have usage limitations imposed by Finale concerning the number of Users that can access the Service and other service parameters.

g. Service Rules.

You agree not to engage in prohibited activities such as copying, distributing, or disclosing any part of the Service.

h. General Representations and Warranties.

You represent and warrant that your use of our Service will be in strict accordance with this Agreement and with all applicable laws and regulations.

2. STOREFRONTS AND INTEGRATIONS

a. Customer-Facing Storefront Policy.

You are solely responsible for your customer-facing storefront(s) and for supporting them. You shall prominently display and comply with a privacy policy on such Storefront.

b. Integrations.

You may integrate certain third party services to provide additional sales support for your Storefront(s).

c. Refusal of Storefronts and/or Integrations.

Finale reserves the right to refuse your use of the Service with a particular Storefront and/or Integration at its sole discretion.

d. Monitoring.

You agree to provide Finale with access to your Storefront to verify compliance with this Agreement.

3. OWNERSHIP

a. Ownership.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, and other intellectual property rights.

b. Feedback.

You may submit comments or ideas about the Service, and by submitting, you grant Finale a non-exclusive, royalty-free license to use the Ideas.

4. PAYMENT OF FEES

a. Payment.

You agree to pay all fees in accordance with the applicable fees, charges and billing terms.

b. Pricing and Taxes.

Finale’s fees are net of any applicable taxes. You will be responsible for the payment of such Taxes and any related penalties or interest.

5. RELATIONSHIP OF THE PARTIES

The parties are independent contractors and nothing in this Agreement creates an agency, employment, partnership, or joint venture relationship.

6. PRIVACY

You understand that by using the Service, you consent to the collection and use of personally identifiable information as set forth in the Privacy Policy.

7. SECURITY

Finale takes precautions to safeguard against the unauthorized disclosure of personal information, but we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

8. TERM AND TERMINATION

a. Term.

This Agreement commences on the date you first accept it and continues through your initial subscription period.

b. Termination.

Finale may terminate your account if you violate any term of this Agreement.

c. Refunds.

The subscribed-for fees are non-refundable.

d. Survival.

Certain sections shall survive the termination of this Agreement.

9. CONFIDENTIALITY

Each party will protect the other party’s Confidential Information from unauthorized use, disclosure and publication.

10. THIRD-PARTY LINKS AND INFORMATION

Finale does not endorse or assume any responsibility for any third-party sites and you access those at your own risk.

11. REPRESENTATIONS AND WARRANTIES

Each party warrants that it has full right and authority to enter into this Agreement.

12. INDEMNITY

You agree to defend, indemnify and hold harmless Finale from any claims arising from your use of the Service.

13. NO WARRANTY

The Service is provided “as is” without any guarantees.

14. LIMITATION OF LIABILITY

Finale’s liability is limited to the amount paid or payable by you under this Agreement.

15. GOVERNING LAW, ARBITRATION, AND JURY TRIAL WAIVER

This Agreement shall be governed by the laws of California and any disputes will be settled by binding arbitration according to the rules of JAMS.

16. GENERAL

a. No Agency.

Neither party has the ability to bind the other.

b. Assignment.

This Agreement may not be transferred by you without Finale's consent.

c. Entire Agreement/Severability.

This Agreement constitutes the entire agreement between you and Finale.