Terms of Service

Last Updated: February 26, 2026

1. Acceptance of Terms

By accessing or using the services (the "Service") provided by Finby (the "Company"), you agree to be bound by these Terms of Service ("Terms"). If you are accessing or using the Service on behalf of a business or other legal entity, you represent and warrant that you have authority to bind such entity to these Terms. If you do not agree, you may not use the Service.

2. Description of Service

The Company provides identity verification and background check services, including identity verification, background checks, employment verification, and education verification. The Service is designed to help businesses and individuals verify identity information securely and efficiently.

3. User Registration and Account Security

You are responsible for maintaining the confidentiality of all account credentials, including usernames, passwords, API keys, and tokens, and for all activity conducted through your account. You must immediately notify the Company of unauthorized use or security breaches.

4. Acceptable Use; Prohibited Conduct; Enforcement

You must use the Service lawfully and in compliance with the Telephone Consumer Protection Act (47 U.S.C. § 227), state analogs, and carrier rules. Prohibited uses include spam, marketing, list-building, impersonation, harassment, system interference, or unauthorized access. The Company may suspend or terminate access immediately for violations and may monitor usage without assuming any duty to monitor.

5. Fees and Payment

Fees may apply. All fees are non-refundable unless expressly stated. You are responsible for applicable taxes. The Company may suspend service for non-payment.

6. Intellectual Property Rights

The Service and all intellectual property are owned by the Company. You are granted a limited, revocable, non-transferable license to use the Service solely as permitted by these Terms.

7. User Content and Data

You retain ownership of your data but grant the Company a limited license to process such data solely to provide the Service and comply with legal obligations.

8. Privacy

Your use of the Service is governed by the Company Privacy Policy, incorporated by reference.

9. Third-Party Services

The Company is not responsible for third-party services, data providers, or verification sources used in connection with the Service. Verification results depend on the accuracy and availability of third-party data sources.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DOES NOT GUARANTEE THAT VERIFICATION RESULTS WILL BE COMPLETE OR ERROR-FREE. USERS SHOULD NOT RELY SOLELY ON VERIFICATION RESULTS FOR CRITICAL DECISIONS.

11. Limitation of Liability

The Company shall not be liable for indirect or consequential damages. Total liability shall not exceed fees paid in the twelve (12) months preceding the claim.

12. Indemnification and Duty to Defend

You agree to indemnify, defend, and hold harmless the Company from all claims arising from your use of the Service, including TCPA, state law, or carrier violations.

13. Mandatory Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You further agree that the arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

14. Termination

The Company may terminate or suspend access at any time. Upon termination, your right to use the Service immediately ceases.

15. Modifications to Terms

The Company may modify these Terms by posting updated Terms. Continued use thereafter constitutes acceptance.

16. Severability

If any provision is unenforceable, the remaining provisions remain in effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the Service.

18. Governing Law and Venue

These Terms are governed by the applicable federal and state laws of the United States, without regard to conflict of law provisions.

19. Contact Information

Finby
Email: support@finby.org

20. SMS Terms and Conditions

Finby - SMS Program

Description: Finby is an identity verification platform that may use SMS to send verification codes, security alerts, and account notifications. End-users may receive SMS messages containing secure links or codes to complete their identity verification process. The goal of the program is to help users quickly and safely confirm their identity. All messages are created, managed, and controlled by Finby, ensuring that the content is limited to verification and security-related notifications and does not include promotional or marketing material.

Message Frequency: The frequency of messages may vary based on your verification activities and interactions with Finby.

General SMS Terms

Opt-In Information:

By opting in, you agree to receive SMS notifications from Finby. You understand and agree to the following:

• Message and Data Rates: Message and data rates may apply to each text message sent or received.
• Voluntary Participation: Subscription to these notifications is not required to use any services provided by Finby.
• Opt-out Option: You can unsubscribe from these notifications at any time by texting "STOP" to the provided number and can seek assistance by texting "HELP".
• Privacy Commitment: Your phone number will be used exclusively for delivering the subscribed services and will not be shared with any third parties.
• Terms and Privacy Agreement: You acknowledge and consent to Finby's Terms of Service and Privacy Policy.

Opt-Out Information:

You can cancel the SMS service at any time. Just text "STOP" to the provided number. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. If you decide to join again, simply sign up as you did the first time or reply "JOIN".