Terms of Service

Document last updated on May 15th, 2022

These terms of service and license agreement (the “Agreement”) are issued by SARINK LLC, dba Basil Finance (“Basil”), a Minnesota corporation, and governs your use of and access to its products and services, including the Basil service and application that provides users with the ability to view aggregate financial and related information, and any other Basil products or services.

In this Agreement, the above are referred to collectively as the “Services.” These terms are provided in connection with the Basil Privacy Policy (the “Privacy Policy”), which can be found at www.basilfinance.com Please read this Agreement and the Privacy Policy carefully. By using the Services you agree to be bound by this Agreement and the Privacy Policy.

Services include software and services that we own and operate directly. As part of the Services, you may interact with third parties that provide services to us, such as services to allow you to extract information from financial service providers for display in the Services. Your interaction with those third parties is governed by their individual terms of service and privacy policies, which we advise you to review.

This Agreement may be updated periodically to account for changes to existing services, the introduction of new services, products, improvements, or features, or a change in the legal or regulatory framework regarding the Services. If there is a material change to the Agreement, Basil agrees to provide notice of the revised Agreement, which may consist of a public notice on Basil’s web site, no less than thirty days before it will become effective.

As of the date posted above, the Services are available only in a “beta service status.” For specific terms of the Agreement applicable during the beta period, please carefully review Section X below. Basil makes no guarantee that the Services will ever be publicly announced or made generally available to anyone in the future, and you agree that Basil has no express or implied obligation to you to announce or introduce the Services. If Basil makes the Services commercially available, Basil will post a revised version of this Agreement without references to the beta status of the Services.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR ANY REVISED AGREEMENT IN THE FUTURE, YOU MAY NOT USE ANY OF THE SERVICES, MUST STOP ALL USE IMMEDIATELY, AND TERMINATE ANY ACCOUNTS YOU MAY HAVE WITH PYLON.

I. WHAT YOU PROMISE TO US

  1. You are at least eighteen years old and have the authority to enter into legally binding agreements. You are using the Services for yourself, or you are actively monitoring and supervising your minor child’s use of the Services. You remain responsible for any such use.

  2. You have read and agree to the terms and conditions of the Privacy Policy.

  3. You will not misuse the Services in any manner, nor will you assist, support, or suggest that anyone else do so, including in order to:

  • Probe, scan, or test the vulnerability of any system or network,
  • Breach or otherwise circumvent any security or authentication measures,
  • Access, tamper with, or use non-public areas or parts of the Services or shared areas of the Services that you do not have permission to access,
  • Interfere with or disrupt any user, host, or network (for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services),
  • Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk),
  • Send unsolicited communications, promotions or advertisements, or spam,
  • Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing,”
  • Promote or advertise products or services other than your own without appropriate authorization,
  • Resell, repackage, rebrand, or otherwise distribute the Services unless specifically authorized in writing to do so,
  • Publish or share materials that are unlawfully pornographic or indecent or contain extreme acts of violence,
  • Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment,
  • Violate the law in any way, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading, or
  • Violate the privacy or infringe the rights of others.

  1. You will use the Services only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws.

  2. With respect to export control laws, you agree that you will not provide or export the Services to (i) nationals or residents of Cuba, North Korea, Iran, Sudan, Syria, the Crimea region of Ukraine, or any other country or region as to which the United States has imposed a trade embargo or related restrictions; or (ii) any person or entity included in the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List.

  3. You will not try to undermine our security safeguards, source code protections, or digital signing mechanisms, or unlawfully copy, reproduce, distribute, publish, or publicly display any Basil intellectual property, including any copyrights, trademarks, patents, software, domain names, trade secrets, or information that any person would reasonably believe to be confidential.

II. SOFTWARE USAGE

  1. The Services include software (“Software”) and your right to use the Software depends on your compliance with the terms of this Agreement.

  2. Basil hereby grants you a limited, personal, internal use, non-exclusive, non-transferable, revocable license to use the Software, solely in connection with this Agreement and the Services.

  3. This Agreement does not convey to you any rights of ownership in the Software. By accepting this Agreement you agree that the Software is licensed to you by Basil and is not being sold or otherwise transferred to you.

  4. As described further in Section V below, Basil expressly disclaims any warranties of non-infringement, merchantability, and fitness for a particular purpose. Basil does not warrant that the software will (i) achieve specific results, (ii) operate without interruption, or (iii) be error free. Basil uses commercially reasonable efforts to protect your data, but does not warrant that your data will be secure in all circumstances, foreseen and unforeseen.

  5. As described further in Section VII below, Basil expressly disclaims all liability for the Software, including any loss or liability resulting from lost or compromised data caused by the Software. In no event will Basil be liable for any damages, including lost profits or data, or other incidental or consequential damages, arising out of the use or inability to use the Software or any data supplied therewith, even if Basil has been advised of the possibility of such damages, or for any claim by any other party.

III. INTELLECTUAL PROPERTY RIGHTS

  1. Your use of the Services constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information in any format (“Content”) in violation of any person’s or entity’s copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person’s or entity’s intellectual property rights caused by any Content that you use or transmit by means of our Services, networks, systems, or servers, or that is used or transmitted by another person by means of our networks, systems, or servers using the Services you have licensed or purchased from Basil. You acknowledge that Basil’s policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property rights.

  2. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (iii) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. Basil reserves the rights to terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; terminate your Software license and your access to Services; and delete any such Content from Basil’s servers.

  3. You grant us an unlimited, worldwide, non-revocable, transferable, perpetual license to Content you provide in connection with the Services. You acknowledge that we may incidentally retain copies of such Content for the term of your Agreement with us and thereafter. Your Content may be available to other users of the Services after termination of this Agreement.

  4. The services provided herein are protected by copyright, trademark, patent, and other United States and foreign laws. These terms do not grant you any right, title, or interest in the Services or in any PYLON trademark, logos, and other brand features. You may not use or display any trademarks or service marks owned by PYLON without PYLON’s prior written consent.

IV. TERMINATION

  1. You are free to stop using the Services at any time. We reserve the right to suspend or terminate your access to some or all of the Services with notice to you if:
  • You are in breach of this Agreement, or
  • You are using the Services in a manner that would cause a real risk of harm or loss to us or other users.

  1. If we do terminate your access, we will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.

  2. In certain instances, however, we will terminate your account immediately without first providing you notice. This typically occurs if:

  • You are in material breach of this Agreement,
  • Providing you notice of termination would cause us legal liability or hinder our ability to service our other customers, or
  • We are prohibited from doing so by applicable law.
  1. We may decide to discontinue the Services in response to new laws or regulations or other unforeseen circumstances beyond our control. If we stop offering some of all of the Services, we will give you reasonable prior notice so that you can export your data. If we discontinue a Product before your Annual or monthly subscription is over, you will receive a pro-rated portion of the fees you have pre-paid.

V. NO WARRANTIES

  1. WE STRIVE TO PROVIDE GREAT SERVICES, BUT THERE ARE CERTAIN THINGS THAT WE CANNOT GUARANTEE. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, PYLON AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS,” INCLUDING ANY SERVICES PROVIDED DURING A “BETA PERIOD” OR ON A SIMILAR BASIS.

  2. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. PYLON ADVISES YOU TO SAFEGUARD IMPORTANT DATA, USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICES.

VI. INDEMNITY

  1. You agree to indemnify, defend, and hold harmless Basil, its parents and affiliates, and its and their officers, directors, employees, consultants, and agents from liability for any and all third-party claims, liabilities, demands, disputes, causes of action, losses, damages, and costs and expenses of any kind resulting from:
  • Any use of the Services in a manner not authorized by this Agreement;
  • Any material breach by you of the provisions in this Agreement or the Privacy Policy; and
  • Any acts or omissions on your behalf which infringe, misappropriate, or otherwise violate the intellectual property rights of any other person.
  1. You agree to notify Basil immediately if you become aware of (i) an act of infringement, violation, or misappropriation of the intellectual property of any other person, or (ii) any unauthorized use of your account or any other breach of security known to you.

VII. LIMITATION OF LIABILITY

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PYLON, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

  2. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER PYLON OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

  3. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, PYLON, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. PYLON AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

VIII. DISPUTE RESOLUTION

  1. Prior to starting any formal legal proceedings, we would like the chance to resolve your issue ourselves. You agree that before filing a claim against Basil, you will contact us, by email at support@basilfinance.com Upon receiving notice of your issue, we will attempt to resolve the issue informally. If Basil is unable to resolve the problem within thirty days, you or Basil may bring a formal legal proceeding.

  2. If we cannot resolve your issue as described above, you agree to resolve any claims relating to this Agreement through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of these arbitration-related provisions, including their enforceability, revocability, or validity.

  3. You acknowledge that arbitration is a substitute for litigation, and that you agree to present any dispute to the arbitrator and not a governmental agency, body, or court.

  4. You can decline this agreement to arbitrate by emailing us at support@basilfinance.com within thirty days of first registering your account. However, if you agreed to a previous version of this Agreement that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

  5. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work; Montgomery County, Maryland; or any other location we agree to. The AAA rules will govern payment of all arbitration fees.

  6. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this Section VIII will be deemed void.

IX. MISCELLANEOUS

  1. This Agreement is governed by Delaware law except for its conflicts of laws principles. You and Basil agree that any judicial proceeding to resolve claims relating to this Agreement or the Services will be brought in the federal or state courts in the State of Maryland, subject to the mandatory arbitration provisions above. Both you and Basil consent to venue and personal jurisdiction in such courts.

  2. This Agreement constitutes the entire agreement between you and Basil with respect to the subject matter of this Agreement and supersede and replace any other prior or contemporaneous agreements, or other terms and conditions applicable to the subject matter of this Agreement. These Agreement creates no third-party beneficiary rights. You acknowledge that any adjustment or amendment to this Agreement must be in writing, signed by you and an authorized employee of Basil.

  3. Basil’s failure to enforce a provision is not a waiver of its right to do so later. Our rights under this Agreement survive any transfer or termination of this Agreement.

  4. You may not assign any of your rights under this Agreement, and any such attempt will be void. Basil may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

  5. If any part of this Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be construed to be consistent with applicable law while the remaining portions of the Agreement remain in full force and effect.

X. BETA PERIOD TERMS

  1. Basil may terminate the beta period at any time in its sole discretion, with or without notice. With respect to the Services provided during the beta period, this Section X supersedes any other terms and conditions contained in this Agreement, but only to the extent necessary to resolve conflict.

  2. By using the Services, you understand and acknowledge that Basil is providing the Services as a “beta” version and making them available on an “as is” or “as available” basis. The Services may contain bugs, errors, and other problems. Basil strongly recommends that you back up all data and information prior to using the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICES AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA. Basil is not obligated to provide any support for the Services.

  3. Basil is making the Services available to you for evaluation and feedback purposes without any compensation or reimbursement of any kind from Basil. You acknowledge the importance of communication between Basil and you during your use of the Services and agree to receive related communications and updates from Basil. During the beta period, Basil may ask you for feedback relating to your use of the Services. You agree to grant to Basil a perpetual, nonrevocable, royalty-free, worldwide license to use or incorporate feedback into any Basil product or service, at our sole discretion.

  4. Basil expressly represents that the Services are not a final product and, as such, may contain errors or defects and may be unstable. Basil recommends that you only access the Services if you are an experienced user of similar computer products and services.

  5. The Services and their features and functionality are considered confidential information of Basil. You agree to keep all such information confidential and not disclose it to any person except as permitted under this Section X(5). This confidentiality obligation does not apply to the disclosure of confidential information that (i) is or comes into the public domain, except through breach of confidentiality obligations under this clause; (ii) comes lawfully into your possession from a third party not bound by a confidentiality obligation; (iii) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory, or regulatory body, or any law; or (iv) you disclose with Basil’s consent. Notwithstanding the foregoing, the confidentiality obligations in this Section X(5) do not restrict you from recommending that others use the Services or otherwise make people aware of the Services.