PUBLIC OFFER

1.1 Please read this document carefully to understand the rules for receiving Services from the Service.

1.2 References to “you” or “your” (or similar terms) mean the User, depending on the context of this Agreement.

1.3 References to “we”, “our” or “us” (or similar terms) mean the Service.

1.4 The words “he” / “she” and their derivatives in this document may be used to refer to persons of any gender, depending on the context.

2.1 Account — a registered profile on the Website created by the User to access and use the Service.

2.2 The Fincerna Service Website (hereinafter — the “Website”) is a web page or a group of web pages on the Internet located at: https://fincerna.com/, through which the Service provides the Services.

2.3 User Consent (hereinafter — “Consent”) means a voluntary, specific, informed and unambiguous expression of will by which the User, by a statement or a clear affirmative action, agrees to the terms of receiving the Services.

2.4 User — any natural or legal person who registers on the Website and receives Services from Fincerna or otherwise uses the Website.

2.5 Subscription means the level of access to the Services chosen by the User, free or paid, which determines the available limitations and features with respect to such Services.

2.6 Services — a set of actions performed via the Service consisting in providing the User with access to the functionality of the Fincerna platform, including analytical content, results of AI analysis of financial news, tools for assessing market trends, as well as other actions aimed at enabling the use of the Service for its intended purpose.

2.7 Third Party — a natural or legal person, state institution, organization or body other than the Service or the User.

2.8 AI analysis refers to content, sentiment assessments or classifications generated using machine learning algorithms and large language models.

2.9 AI means artificial intelligence, in particular machine learning algorithms and models and large language models applied by the Service to perform AI analysis of financial news, generate insights, classifications and assess market sentiment.

3.1 This Agreement is concluded by the User by providing full and unconditional consent (acceptance) to its conclusion in full, without signing a hard copy of the Agreement.

3.2 The Agreement has legal force pursuant to Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an agreement signed between the User and the Service.

3.3 If the User does not agree to the terms of this Agreement, the Service does not provide Services to such User.

3.5 The Service reserves the right to obtain the User’s Consent via an on-screen form. Such form may contain Consent in the form of a checkbox.

3.6 By entering into this Agreement, the User confirms having read it and agrees to fully and unconditionally accept its provisions and terms.

3.7 By agreeing to the terms of this Agreement, the User gives explicit Consent to:

1. 3.7.1 the terms for receiving the Services as provided in this Agreement and as set out on the Website;
2. 3.7.2 the terms of payment for the Services;
3. 3.7.3 the terms of paying for the Subscription according to the chosen level;
4. 3.7.4 the refund terms;
5. 3.7.5 compliance with the terms of this Agreement.

4.1 To use the Service, the User must be at least 18 years old or have reached the age of majority in their jurisdiction, whichever is higher, and must have full legal capacity and the lawful right to enter into binding agreements.

4.2 By registering an Account, the User represents and warrants that they meet the above criteria. If these requirements are not met, the use of the Service is not permitted.

4.3 The Service reserves the right to deny access to the Service to any natural or legal person at its sole discretion, including to ensure compliance with applicable laws and regulations.

5.1 To access the Service and the Services, the User must create an Account by providing complete, accurate and up-to-date registration information. The User is solely responsible for maintaining the confidentiality of their registration data, including username and password, and for any activity carried out through the Account.

5.2 The User agrees not to transfer their Account to Third Parties and not to grant them access to it in any way. Any actions carried out through the Account are deemed to be performed directly by the User.

5.3 In case of loss, compromise or unauthorized use of the Account, the User must immediately notify the Service administration. Fincerna is not liable for any losses or damage arising from unauthorized access to the Account due to the User’s failure to ensure proper protection of their credentials.

5.4 The Service administration reserves the right to suspend or terminate Accounts if there is a reasonable suspicion that they have been compromised, are used by Third Parties, or are used in violation of this Agreement / the laws of Ukraine.

5.5 The User may deactivate (delete) the Account by sending a corresponding request to the Service at: admin@fincerna.com. The deletion request must include: the User’s full name and the reasons for deletion. If the Account is deleted, the Service permanently deletes the Data and the Account of such User, and they cannot be restored. The Service makes a decision regarding deletion within 3 (three) business days from receipt of the request. The Service may refuse to delete the Account if the request does not contain the information required by this clause.

6.1 The Service provides the User with access to analytical materials and functionality aimed at monitoring financial news and performing AI analysis thereof. The provision of Services includes:

1. 6.1.1 Real-time monitoring of news from verified sources related to companies selected by the User.
2. 6.1.2 Automatic retrieval of headlines and news materials that match the User’s settings.
3. 6.1.3 AI analysis of news content, including the determination of sentiment, tonality, credibility rating and assessment of each news item’s impact on the relevant company.
4. 6.1.4 Reading recommendations generated by artificial intelligence algorithms, marking materials as advisable for review or skippable.
5. 6.1.5 Watchlists of companies created by the User for personalized delivery of relevant data.
6. 6.1.6 Tools for managing and filtering information via the Account dashboard.

6.2 The Service may update, modify or expand the list of Services available to the User by publishing changes to this Agreement or on the Service’s Website.

7.1 The Service is provided to the User under various Subscription levels, including a free level and one or more paid levels with extended functionality. By entering into this Agreement and choosing a paid Subscription level, the User undertakes to pay a subscription fee, the amount and procedure of which are published at the time of subscribing.

7.2 The subscription fee is charged in advance on a recurring basis (including monthly or annually), unless otherwise expressly specified in the terms of the specific Subscription level. The User must keep payment information necessary for processing payments accurate and up to date. If a payment cannot be processed, the Service may suspend access to the User’s Account until the issue is resolved.

7.3 The User may cancel the Subscription at any time by submitting a request via the Service’s functionality or in another prescribed manner. Refunds for unused or partially used billing periods are not provided unless expressly stated in this Agreement. The Subscription is considered terminated from the end of the already paid period during which the User submitted the cancellation request, unless otherwise expressly determined by the Subscription terms.

7.4 If the Service offers a free trial, its terms, limitations and usage rules are set out in the relevant section of the website. The Service reserves the right to change or cancel free trials at its sole discretion.

7.5 The renewal terms of the Subscription and the limitations of available features are specified on the Service’s pricing page and may be updated periodically. The User is responsible for monitoring such updates. If the Service decides to change the Subscription price, the new price applies only after the end of the period already prepaid by the User. Until the end of such prepaid period, the Subscription price and terms remain unchanged. After the end of that period, the Subscription is automatically charged at the new price unless the User has cancelled renewal in accordance with this Agreement. The Service must notify the User in advance of any price changes by posting information on the website and/or by sending a message to the email address provided when creating the Account. After the end of the period, the Subscription is automatically charged at the new price unless cancelled as prescribed.

7.6 If the Service decides to change the Subscription price, the new price applies only after the end of the period already prepaid by the User. Until the end of such prepaid period, the Subscription price and terms remain unchanged. After the end of that period, the Subscription is automatically charged at the new price unless the User has cancelled renewal in accordance with this Agreement. The Service must notify the User in advance of any price changes by posting information on the website and/or by sending a message to the email address provided when creating the Account. After the end of the period, the Subscription is automatically charged at the new price unless cancelled as prescribed.

8.1 Refunds are provided only in cases of non-provision or partial non-provision of paid Services due to the Service’s fault. Refunds for unused or partially used Subscription periods are not provided unless expressly stated in this Agreement.

8.2 A refund request must be submitted by the User in writing and include at least the following details: full name of the User, Account data used to access the Service, date and method of payment, the name of the Services or Subscription for which the request is made, and the grounds on which the User requests a refund.

8.3 The Service reviews the request within 14 (fourteen) calendar days from receipt and informs the User of its decision. If a refund is approved, it is made only to the same banking details used by the User for the original payment. If the User does not state the reasons for the refund or the reasons are insufficient, the Service may decline the refund.

8.4 If the User does not state the reasons for the refund or the reasons are insufficient, the Service may decline the refund.

9.1 All content, features, functionality and components of the Service, including but not limited to software code, algorithms, models, interfaces, design, layouts, texts, graphics, databases, as well as trademarks, trade names and other intellectual property objects, are the exclusive property of Fincerna or its rightful licensors.

9.2 The User acknowledges and agrees that they receive only a limited right to access and use the Service in accordance with this Agreement. Nothing in this Agreement grants the User any rights, licenses or authority to use intellectual property related to the Service, except where such use is expressly provided for in this Agreement.

9.3 The User is prohibited from reproducing, modifying, distributing, transmitting, publishing, reverse engineering, decompiling or otherwise using the intellectual property belonging to Fincerna or its licensors without prior written consent of the rights holder. Any breach entails legal liability under the law and this Agreement.

10.1 User Obligations:

1. 10.1.1 pay for the Services in accordance with this Agreement;
2. 10.1.2 use the Services in the manner provided by this Agreement and the relevant sections of the Service;
3. 10.1.3 provide accurate and up-to-date data when creating and using the Account;
4. 10.1.4 not transfer the Account to Third Parties and not grant them access to it;
5. 10.1.5 not take actions aimed at disrupting the Service operation or bypassing its technical protection measures;
6. 10.1.6 comply with the terms of this Agreement.

10.2 Service Obligations

1. 10.2.1 ensure the User is able to receive the Services in accordance with this Agreement;
2. 10.2.2 provide the User with necessary information about the terms of using the Service;
3. 10.2.3 provide the User with access to the Service’s functionality within the chosen Subscription level;
4. 10.2.4 process refunds in accordance with this Agreement;
5. 10.2.5 comply with the terms of this Agreement.

10.3 User Rights:

1. 10.3.1 receive the Services in accordance with the chosen Subscription level and this Agreement;
2. 10.3.2 receive from the Service all necessary information regarding the procedure for using the Services.

10.4 Service Rights:

1. 10.4.1 receive payment for providing the Services;
2. 10.4.2 change the price and the terms of providing the Services as set forth in this Agreement;
3. 10.4.3 suspend or restrict the User’s access to the Service in the event of a breach of this Agreement;
4. 10.4.4 require the User to provide additional information necessary to perform this Agreement;
5. 10.4.5 amend this Agreement unilaterally by publishing a new version on the Website.

11.1 Insights, classifications and AI analysis results provided through the Service are generated using AI models trained on publicly available financial news and language patterns. Such results are for informational purposes only and do not constitute investment advice, financial analysis, consulting, or recommendations to buy, sell or hold any securities or other financial instruments.

11.2 The User bears full and exclusive responsibility for interpreting and using AI-generated content, including insights, classifications and analytical materials. Any actions or decisions taken by the User based on AI analysis results are made at the User’s own risk.

11.3 The Service makes no warranties regarding the accuracy, completeness, reliability or fitness of AI analysis results for any particular purpose and disclaims any liability for possible losses or damage that may arise from the User’s use of or reliance on such content.

12.1 The User must use the Service solely for lawful purposes and in accordance with this Agreement.

12.2 The User is prohibited from:

1. 12.2.1 copying, reproducing, distributing, selling or otherwise commercially using any part of the Service or its content without prior written consent of the rights holder;
2. 12.2.2 using automated systems or software tools, including but not limited to bots, scrapers or similar instruments, without prior written permission of the Service;
3. 12.2.3 taking any actions aimed at interfering with the operation, security, integrity or performance of the Service;
4. 12.2.4 using the Service to transmit, post or distribute illegal, defamatory, harmful or otherwise prohibited content.

12.3 The Service reserves the right to investigate any instances of misuse and take appropriate legal measures, including suspending or terminating the User’s access to the Service and notifying competent authorities of such actions.

13.1 The Service is not liable for:
13.1.1 any subjective expectations of the User regarding the Services;
13.1.2 lack of access to support outside business hours or on weekends;
13.1.3 the security of the User’s Account where compromise occurred due to the User’s failure to comply with this Agreement;
13.1.4 any mismatch between the Services and the User’s personal expectations of their content, completeness or results;
13.1.5 the quality of Service provision where the User supplied inaccurate or incomplete data;
13.1.6 interruptions of access to the Service or delays in processing information caused by technical failures, Internet connectivity issues or actions of Third Parties beyond the Service’s control.

13.2 To the maximum extent permitted by applicable law, the Service and its affiliates, directors, officers, employees, agents and licensors shall not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of or related to the User’s use or inability to use the Service. Such damages include, without limitation, loss of profit, data, goodwill or other intangible losses, even if the Service has been advised of the possibility of such damages.

13.3 In no event shall the total liability of the Service to the User for any claims arising out of this Agreement or the use of the Service exceed the total amount of payments actually made by the User for access to the Service during the twelve (12) months preceding the event giving rise to such claim. The limitations and exclusions of liability set forth herein apply regardless of the legal basis or theory of the claim, including contractual, tort or other claims.

13.4 The Service reserves the right to suspend or terminate the User’s Account and access to the Service at its sole discretion, with or without notice, in the event of a breach of this Agreement by the User or if the User’s actions may result in legal liability, service disruption or harm to the Service or other users. The User may terminate their Account at any time via the dashboard. Upon termination of the Account, the User’s right to use the Service terminates immediately, and the Service may delete the Account and related data. The Service is not liable for any losses or damage arising from such termination.

13.5 The Service reserves the right, but not the obligation, to:
13.5.1 monitor violations of this Agreement;
13.5.2 take appropriate legal action against anyone who, in the Service’s sole discretion, violates the laws of Ukraine or this Agreement, including, among other things, reporting such User to law enforcement;
13.5.3 at its sole discretion and without limitation, notice or liability, remove from the Website or otherwise disable files and content that are excessive in size or overload the Service’s systems;
13.5.4 administer the Website in a manner to protect its rights and property and to facilitate proper functioning of the Website.
13.6 The Service may contain market data, stock quotations, news materials and other financial information supplied by third-party providers. While the Service strives to ensure the timeliness and accuracy of such information, no warranties are given as to its completeness, reliability or continuous availability. Data may be delayed, inaccurate or incomplete due to actions or limitations of external sources beyond the Service’s control. All information is provided “as is” for informational purposes only and should not be considered sufficient or sole grounds for the User’s financial or investment decisions.
13.7 The User agrees to indemnify, defend and hold harmless Fincerna, its affiliates, directors, officers, employees and agents from any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or related to the User’s access to or use of the Service, breach of this Agreement or applicable law, content or data provided by the User, as well as any infringement or unlawful use by the User of any intellectual property or other rights of any person or entity.
13.8 The Service, its affiliates and agents are not responsible for any delays or failures in providing the Services caused by events beyond the Service’s control, including: natural disasters, Internet outages, equipment failure, power outages, strikes, labor disputes, riots, uprisings, civil disturbances, shortages of resources, fires, floods, storms, explosions, wars, hostilities, epidemics, pandemics, acts of government, court orders, etc.

13.9 THE SERVICE IS NOT LIABLE FOR CONSEQUENCES CAUSED BY THE ACTIONS OF HACKERS, CRIMINAL MODIFICATION OF SOFTWARE OR YOUR ACCOUNT.

14.1 The Service pays special attention to the confidentiality and security of Users’ data. Personal information is processed in accordance with the Privacy Policy, which is an integral part of this Agreement.

14.2 The Service applies commercially reasonable technical and organizational measures to protect Users’ data; however, the User acknowledges that no system can guarantee absolute protection against unauthorized access, hacking or misuse.

14.3 The User is responsible for maintaining the confidentiality of credentials and any personal or confidential information accessed via their Account. The Service is not liable for any unauthorized access, loss or misuse of the User’s information resulting from the User’s failure to apply reasonable security measures.

15.1 All relations between the Service and the User arising in connection with the performance of this Agreement are governed by the laws of Ukraine.

15.2 Any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity or termination, shall be finally resolved by a court of Ukraine in accordance with the laws of Ukraine.

17.1 The Service reserves the right to amend this Agreement unilaterally. Such changes take effect upon publication of the new version of the Agreement on the Website.

17.2 The User must review the new terms of the Agreement. The Service is not liable if the User fails to do so.

17.3 Electronic versions of the Agreement or copies stored otherwise are deemed accurate, complete, valid and legally binding and apply at the time the User visits the Website. If the User uses the Services after the Agreement update date, this is deemed confirmation that the User has read the updated version and agrees to its terms.