FYNEN TERMS OF SERVICE AND USER AGREEMENT
Effective Date: November 1, 2024
These Terms of Service constitute the entire agreement between you and Fynen regarding your access to and use of the Fynen application, website, services, and all associated features and functionalities (collectively, the “Service”). By accessing or using the Service in any manner, you agree to be bound by these Terms and all applicable laws, rules, and regulations. If you do not agree with any part of these Terms, you must not access or use the Service.
These Terms and Conditions (“Terms”) govern your use of the Fynen mobile application and associated services (collectively, “Fynen,” “we,” “us,” or “our”). Fynen is an online platform that allows college and university students to create verified accounts, trade or thrift items, locate and review housing, find roommates, and view sublease options. Additionally, verified housing providers may post listings near campuses. By accessing or using Fynen, you agree to comply with and be bound by these Terms and Conditions, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, please refrain from using Fynen.
1. Acceptance of Terms
Your use of Fynen constitutes your acceptance of and agreement to these Terms. Fynen reserves the right to modify, update, or amend these Terms at its sole discretion and at any time. Notification of significant changes will be provided through Fynen’s application or by email to the registered address on your account. Continued use of the app following any amendments constitutes your acceptance of the updated Terms.
2. Eligibility and Account Verification
To use Fynen, Users must be at least 18 years of age or the age of majority in their jurisdiction. Accounts are restricted to students with a valid school email address from a recognized institution or to housing providers verified by Fynen. By creating an account, you warrant that all information provided during registration is truthful, accurate, and up-to-date. You are responsible for maintaining the confidentiality of your account credentials and will notify Fynen immediately of any unauthorized use or security breach related to your account. Only one account per User is permitted.
3. User Conduct and Responsibilities
As a User, you agree to use Fynen for its intended purposes. You may not:
- Impersonate any person or entity, falsely represent your affiliation, or use another User’s account.
- Upload, transmit, or share any content that is unlawful, abusive, defamatory, misleading, fraudulent, obscene, or in violation of any third-party rights.
- Attempt to disrupt the functionality or integrity of Fynen or its associated systems, including by hacking, introducing viruses, or engaging in any form of cyber-attack.
- Engage in harassment, stalking, or any behavior that could harm other Users, such as sharing personal or private information without consent.
Fynen reserves the right to investigate and take appropriate action, including account suspension or termination, against any User found to be in violation of these Terms.
4. Permitted Use of the Platform
Fynen provides a limited, revocable, non-transferable, and non-exclusive license to access and use the platform. This license does not grant Users any rights to the proprietary content, structure, or design of Fynen. Users are permitted to post items for sale, rate housing, list sublease options, and utilize messaging features solely for purposes consistent with Fynen’s platform objectives. Misuse of the platform may result in account termination and possible legal action.
5. User-Generated Content and Licensing
By uploading, posting, or sharing content on Fynen, including but not limited to text, images, descriptions, and feedback, you grant Fynen a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute this content for purposes associated with the operation, improvement, or promotion of Fynen. You confirm that you hold the necessary rights to share any content uploaded to Fynen and that such content does not infringe on any intellectual property or privacy rights of third parties. Users understand that Fynen is not responsible for, nor does it endorse, any content uploaded by Users and reserves the right to remove content that violates these Terms or applicable laws.
6. Housing Listings and Provider Obligations
Fynen allows verified housing providers to post listings accessible to the student community. Providers are required to ensure that all listings are accurate, up-to-date, and in compliance with applicable housing laws, including fair housing laws, tenant rights, and any relevant disclosures. Fynen does not endorse or guarantee the validity of housing listings and is not liable for any inaccuracies, errors, or omissions. Housing providers are encouraged to communicate clearly and promptly with Users and to address inquiries and concerns in a timely manner.
7. Thrift and Item Transactions
Fynen enables Users to post items for sale, purchase, or trade, and facilitates connections between Users for such transactions. Users acknowledge that Fynen does not act as a party to these transactions and does not handle payment, delivery, or exchange of items. Users are responsible for ensuring the accuracy, legality, and condition of items they post or acquire. Fynen disclaims any liability for disputes arising from these transactions and advises Users to conduct due diligence and exercise caution when entering into agreements or exchanges.
8. Private Messaging and Communication
Fynen’s messaging system allows Users to communicate privately regarding listings, transactions, and housing arrangements. Users agree to use the messaging feature respectfully and refrain from unsolicited advertising, harassment, or sharing inappropriate content. Fynen may investigate reports of misuse but does not monitor private messages as a standard practice. However, Fynen reserves the right to take corrective action if misuse is reported, including suspending access to messaging or terminating accounts.
9. Privacy Policy and Data Collection
Fynen values your privacy and is committed to data protection as outlined in our Privacy Policy. By using Fynen, you consent to the collection, use, and storage of data, including personal information necessary for account verification, user matching, and platform functionality. We employ industry-standard security measures to protect User data but cannot guarantee complete security. Please refer to our Privacy Policy for more detailed information on the types of data we collect and your rights regarding data access, modification, and deletion.
10. Limitation of Liability
Fynen provides the platform “as is” and “as available,” without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Fynen disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Fynen be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the platform, including but not limited to damages for lost profits, loss of data, or unauthorized access. Fynen’s maximum liability to any User for any claim shall be limited to the amount paid, if any, by the User for accessing the platform.
11. Indemnification
By using Fynen, you agree to indemnify, defend, and hold harmless Fynen and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in any way connected with (i) your access to or use of Fynen; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including intellectual property or privacy rights; or (iv) any other action or omission by you in connection with your use of Fynen.
12. Dispute Resolution and Governing Law
In the event of a dispute arising from or in connection with the use of Fynen, the parties agree to first attempt resolution through mediation in good faith. If the matter remains unresolved, it shall be submitted to the jurisdiction of the courts in [relevant jurisdiction] and governed by the laws of [state or country], excluding its conflicts of law provisions. Users agree that any claim or cause of action arising out of or related to use of Fynen must commence within one (1) year after the claim or cause of action accrues.
13. Termination and Account Suspension
Fynen reserves the right to suspend or terminate User accounts, including restricting access to certain features, if a User is found to be in violation of these Terms, engaged in illegal activity, or involved in misuse of the platform. Upon termination, all rights granted under these Terms will immediately cease, and Users may lose access to any content they have uploaded.
14. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it enforceable, consistent with the original intent of the Terms.
15. Entire Agreement
These Terms and Conditions, along with Fynen’s Privacy Policy, constitute the entire agreement between you and Fynen regarding your use of the platform. Any failure by Fynen to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
16. Contact Information
For inquiries or questions related to these Terms, or if you believe another User has violated these Terms, please contact Fynen through our Customer Support page within the app or at fynenhelp@gmail.com.
Fynen Privacy Policy
Effective Date: November 1, 2024
Fynen, Inc. (“Fynen,” “we,” “our,” or “us”) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, and share information when you access or use our mobile application and associated services (“Fynen” or the “Platform”). By using Fynen, you consent to the practices outlined in this Privacy Policy. If you have any questions about this Privacy Policy, please contact us at fynenhelp@gmail.com
1. Information We Collect
We collect information directly from you as you use Fynen. This includes personal details you provide, such as your name, email address, school affiliation, and date of birth. We also gather account information needed to create and verify your account, including your school email address and account settings, to secure your account. Additionally, we collect data on your interactions with the Platform, such as page views, clicks, search terms, items posted or purchased, and other activity information.
If you use Fynen’s messaging features, we store private messages temporarily to facilitate communication between users, although Fynen does not monitor or analyze these messages unless necessary to investigate reported violations of our Terms and Conditions.
2. How We Use Your Information
Fynen uses your information to provide, maintain, and improve the Platform. This includes verifying your identity through your school email, creating your profile, and securing your account. Your information allows us to facilitate and optimize your experience, such as by enabling you to browse listings, communicate with other users, and utilize the messaging system. We personalize your experience by displaying relevant content and listings based on your preferences and interactions.
We may use your contact information to send account-related notifications, respond to customer service inquiries, and communicate updates or new features. To ensure security and compliance, we use information to detect and investigate security incidents, protect against unauthorized access, and enforce our Terms and Conditions.
3. Sharing and Disclosure of Information
Basic profile information, such as your name, items listed, and housing reviews, is visible to other users to support Platform interactions. Private messages remain visible only to the participants involved.
In cases where required by law or if necessary to protect Fynen’s legal rights, we may disclose information in response to lawful requests or to investigate illegal activities, fraud, or Terms and Conditions violations. Should Fynen undergo a merger, acquisition, restructuring, or sale of assets, your information may be transferred as part of that transaction, in which case confidentiality protections will remain in place.
4. Cookies and Tracking Technologies
Fynen uses cookies and similar tracking technologies to enhance your experience. Cookies enable us to remember your preferences, understand how you use the Platform, and deliver tailored content. You may adjust your browser settings to decline cookies; however, some Platform features may not function optimally as a result. To further understand user interactions and improve our services, we may use analytics tools (such as Google Analytics).
5. Data Security
Fynen takes data security seriously and implements reasonable administrative, technical, and physical safeguards to protect your information from unauthorized access, use, or disclosure. While these measures are intended to provide a high level of security, no system is completely secure, and we cannot guarantee absolute protection of your information. We encourage you to take precautions to safeguard your account information, including keeping login credentials confidential.
6. Data Retention
Fynen retains your information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce our Terms and Conditions. When you terminate your account, Fynen will delete or anonymize your information within a commercially reasonable timeframe, except when retention is required by law or necessary to resolve disputes.
7. Your Choices and Rights
Depending on your jurisdiction, you may have certain rights regarding your personal information. You may request access to the information we hold about you, request corrections to inaccurate or incomplete information, or request deletion of your information, subject to legal limitations. Where Fynen relies on consent to process data, you may withdraw that consent at any time.
8. Children’s Privacy
Fynen is intended for use by students and individuals who are at least 18 years of age. We do not knowingly collect or solicit information from children under 18. If we discover that we have collected information from a child under 18, we will delete it as promptly as possible.
9. Third-Party Links and Services
Fynen may contain links to third-party websites or services. We do not control, and are not responsible for, the content or practices of these websites. We encourage you to review the privacy policies of any third-party sites you visit.
10. Changes to Our Privacy Policy
Fynen may update this Privacy Policy to reflect changes in our practices or to meet legal and regulatory requirements. We will notify users of material changes by posting the updated Privacy Policy within the Platform and by sending a notice to the registered email address on file. Your continued use of Fynen following these updates constitutes acceptance of the revised Privacy Policy.
11. Contact Us
If you have questions or concerns about this Privacy Policy or our data practices, please contact us at fynenhelp@gmail.com.