Financely: User Agreement & Disclaimer

This User Agreement & Disclaimer ("Agreement") constitutes a legally binding contract between you ("User," "Client") and Financely ("Company," "We," "Us"). By accessing this website or engaging our advisory services ("Services"), you acknowledge that you have read, understood, and irrevocably consent to be bound by all terms and conditions contained herein. Accessing this website constitutes a valid electronic signature and acceptance of this Agreement.

Article 1: Nature of Services & User Acknowledgement

1.1 Scope of Services

Financely is a specialized financial advisory firm. We are not a registered broker-dealer, investment advisor, or direct lender. Nothing on this website or in our communications constitutes an offer to sell or a solicitation of an offer to buy securities.

1.2 User Responsibility

It is the User's sole responsibility to observe all applicable laws and regulations of their relevant jurisdiction. Information provided is general in nature and not tailored to any specific situation.

Article 2: User Conduct & Communication Protocol

2.1 Professional Conduct

The Client agrees to maintain professional decorum in all interactions with the Company. Unprofessional conduct, including but not limited to verbal abuse, harassment, threats, or intimidation directed at Company personnel, is strictly prohibited and shall be grounds for immediate termination of services without refund.

2.2 Communication Channels

Official communication must be conducted through the Company's designated client portal or official email addresses during standard business hours. The Company is not obligated to respond to communications sent outside of these channels or hours. Contacting Company personnel through personal social media accounts or other unauthorized means is strictly forbidden.

2.3 Non-Disparagement and Defamation

The Client agrees not to engage in any act of defamation, libel, slander, or public disparagement of the Company, its directors, or employees. Any violation of this clause will be considered a material breach of this Agreement, entitling the Company to seek legal remedies, including injunctive relief and damages.

Article 3: Fees & Price Adjustments

3.1 Fee Schedule

All fees are governed by a separate, executed engagement contract. All upfront fees (Engagement, Contract, Retainer) are non-refundable, as detailed in our separate Refund Policy.

3.2 Price & Scope Adjustments

The Company reserves the right to adjust fees and service scope during an engagement if the complexity or requirements of the transaction materially change from what was initially presented by the Client. In such an event, the Client will be notified in writing and must settle any supplementary invoices in a timely manner to ensure continuation of Services.

Article 4: Grounds for Immediate Termination by Company

The Company reserves the right to terminate any engagement immediately, without notice or refund, upon the occurrence of any of the following:

  • Failure to disclose material information or discovery of Client misrepresentation.
  • Breach of the professional conduct or communication protocols outlined in Article 2.
  • Failure to make any payment as per the agreed-upon schedule.
  • Client engagement in illegal, fraudulent, or unethical activities.
  • Failure by the Client to provide necessary documentation or respond to communications for a period exceeding thirty (30) days (Engagement Abandonment).

Article 5: Comprehensive Limitation of Liability

5.1 No Guarantee of Outcome

All Services are provided on a "best efforts" basis. The Company makes no representation, warranty, or guarantee of a successful transaction, funding approval, or any specific financial outcome. The User expressly accepts that the Company cannot and will not be held liable for the failure to achieve a desired result.

5.2 Assumption of All Risks

The User assumes all risks associated with the use of this website and our Services. This includes, but is not limited to, the risk of financial loss, reliance on third-party information, and technical malfunctions. By entering this website, you irrevocably waive your right to pursue any form of legal action or seek any remedy for any loss, harm, or damage, however caused.

5.3 Disclaimer of Responsibility

Financely disclaims all legal liability for any loss or damage resulting from: a) information contained on this website, b) use of our Services, c) decisions made by third parties (e.g., lenders, regulators), d) market volatility, or e) any other factor outside our direct control. Our liability in any matter shall be strictly limited to the amount of fees paid by the Client for the specific service in question.

Article 6: Mandatory Dispute Resolution Protocol

6.1 Step 1: Mandatory Informal Negotiation

As a mandatory prerequisite to any other action, the aggrieved party must provide written notice of the dispute to the other party. Both parties agree to engage in good-faith negotiations for a period of no less than thirty (30) days to attempt to resolve the matter amicably.

6.2 Step 2: Final and Binding Arbitration

If informal negotiation fails, any and all disputes, claims, or controversies arising from or relating to this Agreement or the Services shall be resolved exclusively through final and binding arbitration in St. Kitts & Nevis. The arbitration shall be conducted in English. The decision of the arbitrator shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree that they are waiving their right to a trial by jury or to participate in a class-action lawsuit.

6.3 Costs of Dispute

Each party shall bear its own costs and legal fees associated with any dispute resolution proceeding, including arbitration.

This Agreement is governed by the laws of St. Kitts & Nevis. Your use of this website and our Services constitutes your full and unconditional acceptance of these terms.