Finosu, Inc. Terms of Service

2. Eligibility and Authority

You must be at least 18 years old (or the age of majority where you live) to use the Site.

If you use the Site or Services for someone else (for example, as an authorized agent, power of attorney, executor, guardian, or attorney), you represent that you have authority to act for that person and to bind them to these Terms. We may request documentation of your authority.

3. Account Access and Identity Verification

Some Site features may require you to create or access an account, verify your identity, or provide information so we can reasonably confirm you are the correct person.

You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for activity that occurs under your account or access link.

If you believe your access has been compromised, contact us promptly (see Section 26).

4. Debt Information; No Admission; Errors

Information displayed on the Site may include a current balance, payment history, payment options, or other account details. This information may be based on information provided by the Creditor and may change over time.

Using the Site does not mean you admit liability for a debt. If you dispute the debt, you have rights under applicable law.

If you believe information is inaccurate, contact us (see Section 26). We will address concerns consistent with applicable law and any required dispute/verification process.

5. Disputes, Verification, and Consumer Rights

You may have the right to dispute a debt, request verification/validation, or request information about the Creditor and the debt, depending on applicable law and the status of your account.

If you wish to dispute a debt or request verification/validation, contact us using the methods in Section 26. We may provide instructions or forms to help you submit your request. Nothing in these Terms limits non-waivable rights provided by federal, state, or local law.

Special situations: If you are represented by an attorney regarding this debt, or if you are in bankruptcy (or believe the debt was discharged), please tell us immediately.

6. Communications Consent

6.1 How We May Contact You

You agree that Finosu may contact you regarding the Services or an account associated with you using contact information you provide to us or that we reasonably believe is associated with you, including by:

• U.S. mail,
• email,
• telephone calls,
• text messages (SMS/MMS),
• voicemail, and
• messages through the Site.

We may use automated technology where permitted by law. Message frequency may vary.

6.2 Updating Contact Information

You agree to keep your contact information up to date. If your phone number or email address changes, you must notify us.

6.3 Call Recording

To the extent permitted by law, calls may be monitored or recorded for training, quality assurance, compliance, and dispute resolution.

6.4 Opt-Out

Where permitted by law, you may opt out of certain communication channels (for example, text messages) using the method provided in the message or by contacting us. Opting out of one channel does not opt you out of all channels. We may still contact you as permitted by law (including for legally required notices).

7. Electronic Communications and E-SIGN

By using the Site or Services, you consent to receive communications electronically, such as agreements, notices, disclosures, and updates through the Site, email, or text messages, to the extent permitted by law.

You agree that electronic communications satisfy any legal requirement that communications be in writing. You are responsible for maintaining the ability to access and retain electronic records.

8. Payments

8.1 Payment Processing

If you submit a payment through the Site, you authorize Finosu and our payment processors to process your payment using the payment method you provide. Payment processing may be handled by third-party providers and financial institutions.

8.2 Your Authorization

You represent that you are authorized to use the payment method you provide and that the payment information you submit is accurate. You authorize the debit/charge in the amount you submit (including any future scheduled payments you affirmatively authorize).

8.3 Payment Timing and Posting

Payment timing depends on your payment method and processor/financial institution processing times. A payment you submit may not be posted immediately. If you need a same-day payoff amount or confirmation for a time-sensitive matter, contact us before submitting.

8.4 Payment Plans / Scheduled Payments

If the Site allows you to enroll in scheduled payments or a payment plan, you authorize us to initiate the payments on the schedule you select and confirm at enrollment. You can cancel future scheduled payments according to any instructions provided at enrollment and subject to processing cutoffs.

8.5 Failed or Returned Payments

If a payment is declined, reversed, or returned, the payment may not be applied. The availability of future payment options may be affected.

8.6 Refunds and Adjustments

Refunds or adjustments may be issued when required by law or when we determine, in our reasonable discretion, that a payment error or overpayment occurred. Processing timelines may depend on payment processor and bank rules.

9. Text Messaging Terms

If you provide a mobile number and consent to receive texts:

• You authorize Finosu to send text messages to that number for account-related communications, as permitted by law.
• Message and data rates may apply.
• You can opt out of texts at any time by replying STOP (or any method described in the message).
• For help, reply HELP or contact us (see Section 26).
• Carriers are not liable for delayed or undelivered messages.

10. Acceptable Use

You agree not to misuse the Site or Services. You will not, and will not attempt to:

• access or use the Site in any way that violates applicable law;
• interfere with, disrupt, damage, or impair the Site (including by introducing malware or attempting to bypass security);
• access another person’s account or information without authorization;
• use scraping, crawling, bots, or automated tools to access the Site without our permission;
• reverse engineer or attempt to extract source code except where such restrictions are prohibited by law.

We may suspend or block access to protect you, Finosu, our service providers, or others, or if we believe misuse has occurred.

11. Intellectual Property

The Site and Services (including software, text, graphics, logos, and design) are owned by or licensed to Finosu and protected by intellectual property laws.

Finosu grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use in connection with managing your account and communications with us. All rights not expressly granted are reserved.

12. User Submissions

If you submit information through the Site (including messages or documents), you authorize Finosu to use that information as needed to:

• provide the Services,
• service the account(s) associated with you,
• comply with legal obligations, and
• prevent fraud and enforce these Terms,

all consistent with our Privacy Policy.

Do not submit sensitive information through insecure channels (for example, social media).

13. Third-Party Services and Links

The Site may include links to third-party sites or rely on third-party services (for example, payment processing, hosting, analytics, or identity verification). Finosu does not control third-party services and is not responsible for their availability, content, or practices. Your use of third-party services may be governed by those third parties’ terms and policies.

14. No Guarantee of Outcomes

Finosu does not guarantee any particular outcome from using the Site, including:

• any credit reporting outcome or changes to your credit score,
• acceptance of any settlement unless you receive clear confirmation of settlement terms, or
• specific timelines for updates to account information.

15. Disclaimer of Warranties

To the fullest extent permitted by law, the Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Finosu does not warrant that the Site will be uninterrupted, secure, or error-free.

16. Limitation of Liability

To the fullest extent permitted by law, Finosu and its affiliates, officers, directors, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of (or inability to use) the Site or Services.

To the fullest extent permitted by law, Finosu’s total liability for any claim arising out of or related to the Site or Services will be limited to actual direct damages proven in a court of competent jurisdiction (or by the arbitrator, if applicable).

Some jurisdictions do not allow certain limitations; in those jurisdictions, liability will be limited to the greatest extent permitted by law.

17. Termination and Site Changes

Finosu may modify, suspend, or discontinue any part of the Site or Services at any time. We may suspend or terminate access to the Site if we believe it is necessary for security, fraud prevention, legal compliance, or enforcement of these Terms.

You may stop using the Site at any time.

Sections that by their nature should survive termination (including Sections 11, 15, 16, 18, and 24) will survive.

18. Arbitration Agreement and Class Action Waiver

18.1 Agreement to Arbitrate

Except as provided in Section 18.3, you and Finosu agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (each a “Dispute”) will be resolved by binding individual arbitration and not in court.

18.2 Class Action Waiver

To the fullest extent permitted by law, you and Finosu agree that:

• arbitration will proceed only on an individual basis, and
• class, collective, consolidated, private attorney general, or representative proceedings are not permitted.

18.3 Exceptions

This arbitration agreement does not prevent:

• either party from bringing an individual claim in small claims court, if eligible and within the court’s jurisdiction;
• either party from seeking temporary or preliminary injunctive relief in court to protect against unauthorized access, fraud, or security threats (pending arbitration);
• you from exercising any rights that cannot be waived or restricted under applicable law.

18.4 Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules, as modified by these Terms. If AAA is unavailable or declines to administer, the arbitration will be administered by JAMS under its consumer rules, unless the parties agree otherwise.

18.5 Location and Procedure

Unless the parties agree otherwise, arbitration will be conducted:

• remotely (video, phone, or written submissions), or
• in the county (or equivalent) where you reside,

consistent with the administrator’s rules and applicable law.

18.6 Costs

Payment of arbitration fees will be governed by the arbitration administrator’s consumer rules and applicable law. If required by the rules or law, Finosu will pay or reimburse certain fees.

18.7 Governing Law for Arbitration

The arbitration agreement in this Section 18 is governed by the Federal Arbitration Act.

18.8 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice within 30 days of the date you first accept these Terms.

To opt out, email [email protected] with:

• subject line: “Arbitration Opt-Out”
• your full name,
• your mailing address,
• the email address and/or phone number you used on the Site (if any), and
• a clear statement that you want to opt out of arbitration.

Opting out of arbitration means disputes will be resolved in court (subject to Section 19), but the class action waiver in Section 18.2 will still apply to the fullest extent permitted by law.

18.9 Severability

If any part of this Section 18 is found unenforceable, the remainder will still apply, except that if the class action waiver is found unenforceable, then this entire Section 18 (arbitration agreement) will be null and void.

19. Governing Law and Venue

Except where federal law applies (including the Federal Arbitration Act for Section 18), these Terms and any Dispute not subject to arbitration will be governed by the laws of the State of New York, without regard to conflict of law rules.

If a Dispute proceeds in court (for example, if arbitration is opted out or does not apply), you and Finosu agree to submit to the personal jurisdiction of state and federal courts located in New York County, New York, unless applicable law requires otherwise.

20. State Notices and Required Disclosures

State-specific licensing information and any required state disclosures for debt collection are provided on our State Notices page, which may be updated from time to time:

https://www.finosu.com/state-notices

To the extent a state-required disclosure conflicts with these Terms, the state-required disclosure controls for residents of that state and only to the extent required.

21. Changes to These Terms

We may update these Terms from time to time. When we update them, we will revise the “Last Updated” date at the top. Your continued use of the Site after changes become effective means you agree to the updated Terms.

22. Entire Agreement

These Terms (together with the Privacy Policy and any state-required disclosures referenced on the State Notices page) form the entire agreement between you and Finosu regarding your use of the Site and Services, and supersede prior or contemporaneous communications on that subject.

23. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

24. No Waiver

Failure by Finosu to enforce any provision of these Terms is not a waiver of our right to enforce it later.

25. Assignment

You may not assign or transfer your rights or obligations under these Terms without Finosu’s prior written consent. Finosu may assign these Terms as permitted by law, including in connection with a merger, acquisition, reorganization, or sale of assets.