Introduction

These Terms of Service (“Terms”) govern your use of NFINX, a B2B CRM platform designed for trading brokerages and financial service providers. By accessing or using our platform, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These Terms constitute a legally binding agreement between you and NFINX regarding your use of our platform and services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our platform. Your continued use of our services after any changes constitutes acceptance of the modified Terms.

Platform Description and Services

NFINX provides a comprehensive CRM platform specifically designed for trading brokerages to manage their client relationships, trading operations, and compliance requirements. Our platform includes features for trader account management, position and order tracking, financial operations, client communication, and regulatory compliance.

The platform integrates with various trading systems and provides tools for managing forex, crypto, CFD, and multi-asset trading operations. We offer both core CRM functionality and specialized trading management features through our integrated modules. Our services are provided on a subscription basis with different tiers available to meet various business needs and requirements.

User Accounts and Registration

To access our platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

You represent and warrant that you have the legal capacity to enter into these Terms and that all information you provide is truthful and accurate. You must be at least 18 years old to use our services, and if you are using our platform on behalf of a business entity, you must have the authority to bind that entity to these Terms.

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion. We may also require additional verification or documentation for certain account types or usage patterns to ensure compliance with applicable laws and regulations.

Acceptable Use Policy

You agree to use our platform only for lawful purposes and in accordance with these Terms. You may not use our services to conduct any illegal activities, violate any applicable laws or regulations, or infringe upon the rights of others. This includes but is not limited to activities related to money laundering, fraud, or other financial crimes.

You must not attempt to gain unauthorized access to our systems, interfere with the platform’s operation, or use automated tools to access our services without our express permission. You may not reverse engineer, decompile, or disassemble any portion of our platform or attempt to extract source code or trade secrets.

You are responsible for ensuring that your use of our platform complies with all applicable laws and regulations in your jurisdiction, including but not limited to financial services regulations, data protection laws, and anti-money laundering requirements. You must also ensure that any data you input or process through our platform is obtained and used in compliance with applicable laws.

Subscription and Payment Terms

Our platform operates on a subscription basis with different pricing tiers available. Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

Payment must be made through our designated payment processors, and you authorize us to charge your payment method for all fees associated with your subscription. You are responsible for maintaining valid payment information and for any fees or charges incurred due to failed payments.

We reserve the right to modify our pricing structure at any time, with notice provided at least 30 days in advance. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods. You may cancel your subscription at any time, but no refunds will be provided for unused portions of your current billing period.

Data and Privacy

Your privacy is important to us, and we are committed to protecting your personal information in accordance with our Privacy Policy. By using our platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

You are responsible for ensuring that any personal data you process through our platform is handled in compliance with applicable data protection laws, including but not limited to GDPR, CCPA, and other relevant regulations. You must obtain appropriate consent from individuals whose data you process and implement appropriate security measures.

We implement industry-standard security measures to protect your data, but you acknowledge that no method of transmission over the internet or electronic storage is 100% secure. You are responsible for maintaining the security of your account credentials and for any unauthorized access to your account.

Intellectual Property Rights

Our platform and all content, features, and functionality are owned by NFINX and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our platform without our express written consent.

You retain ownership of any content you create or upload to our platform, but you grant us a non-exclusive, worldwide, royalty-free license to use, store, and display such content in connection with providing our services. You represent and warrant that you have all necessary rights to grant this license.

You may not use our trademarks, service marks, or logos without our express written permission. Any unauthorized use of our intellectual property may result in legal action and termination of your account.

Limitation of Liability

To the maximum extent permitted by applicable law, NFINX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or relating to your use of our platform.

Our total liability to you for any claims arising out of or relating to these Terms or your use of our platform shall not exceed the amount you paid to us in the 12 months preceding the claim. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

We do not guarantee that our platform will be uninterrupted, error-free, or secure, or that any defects will be corrected. We are not responsible for any losses or damages resulting from your reliance on our platform or any information provided through our services.

Indemnification

You agree to indemnify, defend, and hold harmless NFINX and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to your use of our platform, your violation of these Terms, or your violation of any rights of another party.

This indemnification obligation includes but is not limited to claims related to your processing of personal data, your compliance with financial services regulations, and any third-party claims arising from your use of our platform. You must cooperate with us in the defense of any such claims and may not settle any claim without our prior written consent.

Termination

Either party may terminate these Terms at any time by providing written notice to the other party. Upon termination, your right to use our platform will cease immediately, and you must delete any copies of our platform or related materials in your possession.

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in any activity that we believe may harm our platform or other users. Upon termination, we may delete your account and all associated data, subject to any legal retention requirements.

Provisions of these Terms that by their nature should survive termination shall remain in effect after termination, including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions.

Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of our platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and shall take place in a mutually agreed location.

You and NFINX agree to waive any right to a jury trial or to participate in a class action lawsuit. Any arbitration award may be enforced in any court having jurisdiction over the parties. Notwithstanding the foregoing, either party may seek injunctive relief in any court having jurisdiction to prevent irreparable harm.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where NFINX is incorporated, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of that jurisdiction.

You agree to submit to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, fire, labor disputes, government actions, or technical failures.

If such circumstances persist for more than 30 days, either party may terminate these Terms upon written notice to the other party. During any force majeure event, both parties shall use reasonable efforts to minimize the impact of such circumstances on their obligations under these Terms.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and NFINX regarding your use of our platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Contact Information

If you have any questions about these Terms of Service, please contact us at legal@nfinx.com. We will respond to your inquiry within a reasonable time frame and work to resolve any concerns you may have about these Terms or our services.