Terms of service

This Terms of Service (hereinafter “the Agreement”) is a legally binding contract between Scrooje Software Limited (“Scrooje”, “us”, “we”, “our”) and you (“Customer”, “you”, “your”), individually referred to as “Party” and collectively referred to as “Parties”, that sets out the terms and conditions of use of information, functionality, features and tools located at https://scroo.je/ website and its sub-domains (hereinafter referred to as “Service”); by using the Service you agree to be bound by the following terms and conditions.

If you wish to use the Service, you must read this Agreement in its entirety and indicate your acceptance during the Sign Up process with Scrooje.

You may not enter into binding agreement with Scrooje if you have not reached the age of 18 or the age of majority in your jurisdiction of residence, whichever is higher, and, therefore, may not use the Service. By using the Service you represent and warrant that you meet the minimum age requirement set out above.

1. Description of the Service

1.1. The Service is a web application designed to assist users (including you) to track, organize and analyze personal finances. The Service is not a tax, accounting, legal, insurance, investment or any other advice and is not a financial institution.

1.2. Any information or insight you obtain by using the Service may not be appropriate for your actual financial situation, before making any decisions you must consider getting advice from licensed professionals such as accountants, tax advisors, financial advisors etc., who are fully aware of your actual financial situation.

1.3. You agree that you will use the Service for your own internal individual or business purposes and will not commercially exploit the Service for direct monetary gain (including but not limited to: charge a price or fee to use the Service or extract and distribute any information from the Service; sublicence, copy, merge, modify, rent, lease, assign or transfer the Service; create derivative works based on the Service); or use the Service on behalf of any third party.

1.4. You agree that you will not use the Service for unlawful purposes, or in violation of the terms contained in this Agreement.

1.5. You agree not to attempt to reverse engineer, copy the software related to the Service.

1.6. Market data (including but not limited to stock prices, commodity prices, exchange rates) used in calculations and/or displayed within the Service is intended solely for your internal use. You must not redistribute, resell, transfer the market data or use it for commercial purposes or any other non-internal purposes.

1.7. You must not use any robot, spider, scraper, deep link, scripts or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor scroo.je or any portion of scroo.je, without our express written consent, which may be withheld in our sole discretion.

1.8. The Service is in Alpha stage, during which it is free to use. The payment will become mandatory after the Service exits Alpha. Alpha version implies some instability and bugs that may occur despite our strive for a stable and correct software.

2. Passwords, accounts and encryption keys

2.1. You must keep your username, email and password safe, secure and confidential. You agree that you are fully responsible for use of the Service and all actions performed within the Service from your account. You are responsible for keeping your email up to date to access your account or reset the password of the account. By providing us with your email address you agree to receive emails and notices from the Service. Providing an email address is optional but strongly recommended, as it enables password reset and receipt of important notices about the Service.

2.2. You are responsible for the safety and security of your environment, internet browser and electronic device used to access the Service. You are responsible for the safety and security of your passkey device if you elect to use passkey as your method of authentication.

2.3. You are responsible for your data backups and your Book Secret Key backup (a 128-character string generated on book creation and accessible in book settings), used to encrypt and decrypt your financial data. If for any reason you lose your credentials and/or Book Secret Key and/or email address which leads to inability to access your data through the Service, we will not be able to restore access to the data due to the Service encrypted design, and hence we will not be responsible for data restoration.

2.4. Due to the encrypted design of the Service, some actions performed by you within the Service may not be reversible from our side, as the previous versions of your data may no longer be accessible; therefore we are not responsible for restoring any previous versions of your data. You are strongly advised to perform regular data backup.

3. Feedback

3.1. You have the right to provide feedback (including identifying potential errors and improvements) to us by any means. By providing the feedback you agree to grant us the right to use this feedback without any restrictions or payment. The intellectual property right to the abovementioned feedback or any work derived from it will transfer in full to us at the time of the feedback provision.

4. Payment and subscription to Service

4.1. At the current stage the Service is free to use. We reserve the right to charge the subscription fee for use of the Service in its entirety and/or charge the subscription fee for selected features of the Service in the future.

5. Privacy and data collection

5.1. The design of the Service is privacy centered, therefore for the purposes of providing the Service, identification of user, for you to receive notices regarding the Service and to provide the option of credentials reset, we collect your Username and email. By design, the financial transaction data you enter into the Service is fully encrypted and can be decrypted only with your Book Secret Key. To support the operation of Services we use the third-party service providers and sub-contractors that may collect additional information.The activity we monitor, and third-party data collection details are described in Privacy policy, which is an integral part of this Agreement.

5.2. We will not disclose, share or otherwise transfer your information or your encrypted data (which can be decrypted by Book Secret Key available to you only, as described in Clause 2 without your explicit permission, or, unless required by law, court or government order.

5.3. We will not sell any of your data under any circumstance.

5.4. If you choose to terminate this agreement and delete an account with the Service, all data will be permanently erased after 28 days immediately following the account deletion. You are strongly advised to perform data backup before deleting your account.

5.5. Data loss is an unavoidable risk with all computer technologies; we have implemented numerous measures to minimize the risk of any data loss, nonetheless you are responsible for maintaining the copies of your data that you enter into the Service.

6. Downtime and maintenance

6.1. For the purposes of updating the Service and/or performing planned server maintenance, the Service may not be accessible or have limited access (e.g. read-only mode). We will try to limit such downtime to a minimum, and we will attempt to notify you of the planned downtime in advance but cannot guarantee it.

6.2. Despite our attempts to provide uninterrupted and stable services, technical issues may occur, while the service is in the Alpha Stage we will try to resolve such issues within 12 hours, during which the service may not be available at all, or have limited access (e.g. read-only mode).

6.3. The Service may become fully or partially unavailable due to circumstances beyond our control including when services provided by third parties failing, being delayed or becoming unavailable.

7. Rights of Scrooje

7.1. By entering your information and data into the Service, you license this information and data to Scrooje to be used and stored for the purposes of providing the Service. By submitting the information and data you confirm and warrant that you are the owner of such information and data, and you have all the necessary permissions and authorization to do so.

8. No Warranties / Disclaimer

8.1. The services and content are provided by Scrooje (and its licensors and suppliers) on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

8.2. The Service is currently in the early development (Alpha) stage, which means it is not fully functional and not in its intended final form, the Service might contain mistakes and incomplete features. Development of the Service may be delayed, suspended or abandoned; the Service may not reach its intended final form, or a commercial version may not be released.

9. Limitation of liability

9.1. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Scrooje (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) the total fees paid by you to Scrooje in the twelve months preceding the claim, or (ii) the minimum amount permissible by applicable law, or (c) any matter beyond our reasonable control.

9.2. Notwithstanding the above, our liability will not be limited if we are not legally allowed to limit the liability (including our gross negligence, fraud or willful misconduct).

9.3. In case of data loss or corruption, our liability is limited to attempting recovery by restoring your data from available backup versions, which are retained for up to 28 days. Recovery is subject to the technical feasibility of restoration and the limitations described in Clause 9.4.

9.4. Due to the encrypted nature of the Service, we will not be responsible for recovering access to your data (restored from backup as per Clause 9.3. or otherwise) if you are unable to access the data due to loss of your Book Secret Key.

10. Indemnification

10.1. You agree to indemnify, defend and hold harmless Scrooje, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including but not limited to any copyright, property, or privacy right.

11. Copyright and intellectual property

11.1 Everything contained on the website and available on or through the Service including but not limited to text, designs, icons, any content etc. (hereinafter referred to as “Content”) is protected by copyright and/or other applicable intellectual property laws. You agree not to use, reproduce, copy, replicate, sell, publish, broadcast and otherwise exploit the Content not owned by you for any purpose without prior explicit consent of the owner of such Content or in a way that violates someone else’s (including Scrooje’s) right.

12. Notices

12.1. Notices of changes to this agreement will be posted on website and/or within the web application and/or sent by email (if you provided us with your email address), posting or sending (where applicable) any one of the notices listed above is considered a complete notification.

12.2. By providing us with your email you agree to receive the notices at your email address. You are responsible for maintaining or updating your email address with us for the timely reception of the notices.

13. Term of agreement

13.1. This Agreement is effective upon your first access, use or utilization of the Service in any way and will continue in full force until terminated by either party. All provisions that should survive the termination by their nature, e.g. representations, warranties, copyrights etc., will survive the termination of this Agreement.

14. Modification of agreement

14.1. Scrooje reserves the right to modify this Agreement from time to time. You will be notified of the changes to this Agreement in accordance with the Clause 12 “Notices”.

14.2. The updated Agreement will be posted on the https://scroo.je/ website with the indication of the date of last modification. By continuing to use the Service after the changes have taken an effect you are indicating agreement with the updated terms of the Agreement. If you do not agree with the updated Agreement you may terminate the Agreement in accordance with the Clause 18 “Termination”.

15. Partial invalidity

15.1. If any provision of this Agreement is considered to be invalid or unenforceable, the other provisions of this Agreement will remain in full force and effect. The invalid or unenforceable provision will be deemed to have been replaced by a valid and fair provision which comes as close as possible to the intention of the Parties at the time of the conclusion of this Agreement.

16. Assignment and transfer

16.1. You may not assign, delegate or transfer your rights, warranties, obligations or your account with the Service under this Agreement without written consent of Scrooje. We may assign, delegate or transfer our rights, warranties and obligations under this Agreement without consent.

17. Dispute resolution

17.1. You may contact our support team at help@scroo.je to resolve your complaints and concerns. Both Parties will take reasonable steps to resolve arising complaints and disputes through negotiations. If the Parties are unable to resolve the dispute through the steps above, the Parties agree to resolve those disputes in the Small Claims Tribunal or through binding arbitration.

18. Termination

18.1. The Agreement can be terminated by either party. If you wish to terminate this Agreement you may delete your account in User Settings within the Service which will automatically flag all your data for deletion.

18.2. Scrooje may terminate this Agreement and close your account unilaterally in case you violate any terms of this Agreement. We will endeavour to provide reasonable notice where practicable.

19. Governing law and miscellaneous

19.1 This Agreement is governed by and construed in accordance with Hong Kong law.

19.2. You hereby submit to the exclusive jurisdiction of the Courts of Hong Kong with respect to any claim or dispute concerning or arising from this Agreement.

19.3. This Agreement constitutes the entire agreement between you and Scrooje.