Terms and Conditions (AGB)

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the Finch mobile application (the "App") and any related services provided by Finch Ventures BV, a company registered in The Hague, The Netherlands (hereinafter "we", "us", or "our").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.

You acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.

2. Service Description

The App offers personal finance management services, including but not limited to:

• Account Aggregation: Consolidating information from your payment accounts (bank accounts, credit cards) in one view.
• AI Financial Assistant: An artificial intelligence chatbot that analyzes your spending to provide insights, budget tracking, and "discourages" or "hypes" feedback.
• Contract Recognition: Automated identification of recurring subscriptions and contracts.

Disclaimer: The Finch app or built in AI agent does not provide Financial Advice. The insights, analysis, and feedback recommendations provided by the App (including its AI features) are for informational and entertainment purposes only. They do not constitute financial, investment, tax, or legal advice. You should consult a certified professional before making significant financial decisions. Finch does not guarantee the accuracy of AI-generated content.

3. Eligibility

To use the App, you must:

• Be at least 18 years old.
• Reside in Switzerland or the wider European Economic Area (EEA).
• Have the legal capacity to enter into a binding contract.

4. Bank Account Connection (Open Banking)

To provide account aggregation, the App may require access to your online banking data.

• Third-Party Providers: We may use licensed Third-Party Providers (TPPs) or Open Banking interfaces (such as Yapily, Tink, Plaid, etc) to securely connect to your bank.
• Authorization: By linking a bank account, you explicitly authorize us and our TPP to retrieve your account information (balances, transactions) on your behalf in "read-only" mode. We do not store your online banking credentials (PIN/TAN) on our servers; these are passed directly to the bank or TPP via secure encryption.
• Accuracy: We are not responsible for the accuracy or timeliness of data provided by your bank or the TPP.

5. Subscription and Payments (Apple In-App Purchases)

Some features of the App may require a paid subscription (e.g. "Premium" subscription) or one-off in-app-purchases (IAPs).

• Payment: Payment will be charged to your Apple Account at confirmation of purchase.
• Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.
• Cancellation: You can manage and cancel your subscriptions by going to your iPhone Settings > [Your Name] > Subscriptions. Cancelling inside the App implies stopping future billing, but the official management must be done via Apple Settings.
• Refunds: All refund requests for subscriptions purchased through the App Store must be directed to Apple. We do not process refunds for In-App Purchases directly.

6. Data Protection & Privacy

Your privacy is paramount. Our collection and use of personal data are governed by our Privacy Policy, which complies with:

• Switzerland: The Federal Act on Data Protection (FADP/DSG).
• EU: The General Data Protection Regulation (GDPR/DSGVO).

By using the App, you consent to the processing of your financial data (e.g., transaction history) to generate analysis and insights. You have the right to request the deletion of your data at any time via the App settings.

7. Data Residency & International Transfers

• Primary Infrastructure (Switzerland): The core application backend, primary database, and all structured user data (such as account information) are hosted and operated on the Google Cloud Platform (GCP) within the Switzerland (europe-west6) region. This ensures that the primary processing tasks and the majority of personal data are localized within Swiss jurisdiction.
• Hybrid Processing & Unstructured Data (EU): To provide specific features—including document scanning, photo uploads, and customer support attachments—Finch utilizes Firebase Storage (Google Cloud). The User acknowledges that these specific binary large objects (BLOBs) are initially routed to and stored in European Union (EU) data centers. Where technically feasible, these files are synchronized or moved to Swiss-based servers following initial processing.
• Global Operations & Edge Cases: As the Service operates on Google Cloud infrastructure, you acknowledge that while data is primarily stored in Switzerland, it may, in rare and exceptional edge cases (such as automated failover, disaster recovery, or specialized technical maintenance), be processed or transferred securely to other data centers outside of Switzerland.
• Administrative Access & Metadata: Administrative access is restricted to authorized personnel via secure protocols. Underlying administrative metadata and cloud management logs are handled through Google Cloud's global management plane, which may in rare cases involve transient, encrypted processing outside of Switzerland.
• Security & Legal Safeguards: All transfers outside of Switzerland are strictly limited to the technical requirements of the Services. Finch ensures an equivalent level of data protection through:
  • Encryption: All data is encrypted and subject to bank-level security both in transit and at rest.
  • Compliance Frameworks: We utilize Google Cloud's Data Processing Agreements and Standard Contractual Clauses (SCCs) to ensure compliance with the Swiss Federal Act on Data Protection (FADP).
• Explicit Consent: By using the Finch mobile application and uploading documents or images, you explicitly acknowledge and consent to the possible storage and processing of data outside of Switzerland in edge cases as a.o. described in this section.

8. User Conduct and "AI" Mode

• Acceptable Use: You agree not to use the App for any illegal purpose, including money laundering or fraud.
• AI Interactions: If you opt-in to "AI" guidance, services or similar features where the AI analyses your spending and gives feedback, you acknowledge this is for entertainment. You agree not to hold us liable for any potential inaccuracies or incorrect advice taken from the AI's generated language or guidance.
• Prohibited: You may not reverse engineer, decompile, or attempt to extract the source code of the App.

9. Limitation of Liability

To the fullest extent permitted by applicable law (including Swiss Code of Obligations and EU Consumer Law):

• a. "As Is" Basis: The App is provided "as is" and "as available" without warranties of any kind.
• b. No Liability for Decisions: We are not liable for any financial losses, missed payments, or damages resulting from your reliance on the App's analysis or notifications.
• c. Cap on Liability: Our total liability to you for any claims arising out of these Terms is limited to the amount you paid us in the last 12 months (if any).
• d. Apple's Role: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

10. Termination

• By You: You may terminate these Terms by deleting your account and the App. (Note: You must cancel subscriptions separately via Apple Settings).
• By Us: We may suspend or terminate your access immediately if you violate these Terms or if required by law.

Upon termination of the business relationship or deletion of the User account, Finch will notify you of your obligation to manually revoke any active access consents previously granted to your bank(s) that were enabled via the bLink platform or relevant Open Banking interface that also requires to do so to ensure data transmission is fully ceased at the source.

Regarding revocation of third-party consents, please take the following into consideration:

• Notification Duty: Upon termination of the business relationship by either party, Finch-Agent hereby explicitly informs you that any consents, authorizations, or technical "mandates" previously granted by you to your respective financial institutions (the "Service Providers" or "Banks") for the purpose of data sharing with Finch-Agent should be revoked by you.
• User Responsibility: You acknowledge that while Finch-Agent will cease to access or request data from the relevant Service Providers following termination, the legal and technical "consent" link may remain active on the Service Provider's side (e.g., within the Bank's Open Banking or e-banking portal). It is your sole responsibility to manually revoke these specific authorizations directly with your Bank to ensure no further data transmission tokens remain active.
• Limitation of Liability: Finch-Agent shall not be held liable for any continued data processing or transmission initiated by a third-party Service Provider resulting from the user's failure to revoke such consents following the termination notice.
• Procedure: Finch-Agent hereby provides you with a notification (via email, GTCs or within the platform interface) upon account closure, reminding you of the need to manage your third-party API permissions.

11. Required Apple App Store Provisions

In compliance with the Apple App Store Review Guidelines:

• Maintenance: We are solely responsible for providing any maintenance and support services.
• Product Claims: We, not Apple, are responsible for addressing any claims relating to the App (e.g., product liability, legal compliance).
• Intellectual Property: In the event of any third-party claim that the App infringes their IP rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
• Legal Compliance: You represent that (i) you are not located in a country that is subject to a U.S. Government embargo, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you.

12. Governing Law and Jurisdiction

• Governing Law: These Terms and your use of the App are governed by and construed in accordance with the laws of The Netherlands.
• Consumer Protection: However, if you are a consumer residing in the EU or Switzerland, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the mandatory laws of your country of habitual residence. In simpler terms: Dutch law applies, but your local mandatory consumer rights still stand.
• Jurisdiction: To the extent permitted by law, the exclusive place of jurisdiction for all disputes arises from these Terms is Amsterdam, The Netherlands.