Terms of Service for Finnear

Last Updated: October 14, 2025

1. Acceptance of Terms

By accessing or using Finnear ("Service," "Platform," "we," "us," or "our"), operated by Kualia, Inc., you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Kualia, Inc. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Finnear is a push notification platform for founders and developers. The Service allows you to:

• Send real-time push notifications to your mobile devices when important events happen in your products
• Track user signups, purchases, milestones, and custom events
• Ingest events via API or webhooks
• View a filterable event log dashboard
• Configure notification preferences and manage devices

3. User Accounts

Account Registration

To use Finnear, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains current and accurate

Eligibility

You must be at least 18 years old to use Finnear. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may terminate your account at any time by contacting us at support@finnear.app.

4. User Responsibilities and Acceptable Use

You agree to use Finnear only for lawful purposes and in accordance with these Terms. You will not:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Attempt to gain unauthorized access to our systems or other users' accounts
• Upload or transmit viruses, malware, or any malicious code
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our express permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Share your account credentials with others
• Use the Service to compete with us or develop a competing product
• Violate any applicable laws or regulations

5. Event Data and Third-Party Services

Event Data

When you send events to Finnear via our API or webhooks, you authorize us to receive, store, and process that event data to deliver push notifications and display your event log. You represent that you have the authority to send this data and that it does not violate any applicable laws or third-party rights.

Third-Party Services

Our Service integrates with third-party providers for push notification delivery (APNs, FCM), analytics, error tracking, and payment processing. Your use of these integrations is subject to the respective third party's terms of service and privacy policies. We are not responsible for the actions or policies of these third-party services.

6. Fees and Payment

Finnear may offer both free and paid subscription plans. If you subscribe to a paid plan:

• You agree to pay all applicable fees as described on our pricing page
• Fees are billed in advance on a recurring basis (monthly or annually)
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days' notice
• Failure to pay may result in suspension or termination of your account
• You are responsible for all taxes associated with your use of the Service

7. Intellectual Property

Our Property

The Service, including all software, designs, graphics, text, and other content, is owned by Kualia, Inc. (operating as Finnear) and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Your Data

You retain all ownership rights to your financial data and content. By using our Service, you grant us a limited license to use, store, and process your data solely to provide and improve the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be uninterrupted, secure, or error-free
• That defects will be corrected
• The accuracy, reliability, or completeness of any content or data

Finnear is a push notification and event tracking tool and does not provide financial, tax, legal, or investment advice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KUALIA, INC. AND FINNEAR SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Damages resulting from unauthorized access to your data
• Damages resulting from errors or inaccuracies in event data or notifications

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kualia, Inc., Finnear, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or data you provide

11. Data Security and Privacy

We take reasonable measures to protect your data, but we cannot guarantee absolute security. You acknowledge that:

• No method of transmission over the internet is 100% secure
• You use the Service at your own risk
• You are responsible for maintaining backups of your important data

Please refer to our Privacy Policy for detailed information about how we collect, use, and protect your data.

12. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, where Kualia, Inc. is incorporated, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising from these Terms or the Service shall first be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court, except where prohibited by law.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class-wide arbitration, except where such waiver is prohibited by law.

14. Termination

Either party may terminate this agreement at any time. Upon termination:

• Your right to access and use the Service immediately ceases
• You remain responsible for all charges incurred prior to termination
• You may request a copy of your data within 30 days of termination
• We may delete your data after a reasonable retention period
• Sections of these Terms that by their nature should survive termination will remain in effect

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kualia, Inc. regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, or internet service provider failures.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Company: Kualia, Inc.

Email: support@finnear.app

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By using Finnear, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.