In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports. More information is available on FinCEN’s website at https://www.fincen.gov/boi
Fluid Financial Technologies End User License Agreement / Terms and conditions
1.1 Solution Overview
The purpose of this Agreement is to provide the Terms and Conditions that the End User(s) (i.e., the Report Filer, Beneficial Owner or Applicant ) consents to during the Beneficial Owner Report filing process.
Fluid Financial Technologies Inc. (Fluid) provides a software solution to Users which facilitates the filing of Beneficial Owner Information reports with the Financial Crime Enforcement Network (FinCEN). This Solution (Fluid BOIR) allows the User(s) to: self determine whether their business entity and its owners are exempt from filing a Beneficial Ownership Information (BOI) Report with the Financial Crimes Enforcement Network (FinCEN), Enter, review, and submit required data for BOI filings, invite Beneficial Owners and Applicants to complete necessary sections, submit their BOI Report to FinCEN, and receive a receipt confirming the successful submission of the BOI Report . Data collected during the experience is primarily collected for that purpose. After the User data is collected it is retained for the facilitation of submitting revised or updated reports in the future.
Fluid also retains this data for the purpose of making it available to the User or User approved third parties with the User’s consent. Contemplated scenarios or solutions for which the User may wish to access or share their data include but are not limited to:
- Employee onboarding with subsequent employers
- Verification of income
- Verification of employment
- Age verification
- Confirmation of bank account ownership
- Identity verification
- Proof of residency
- Address verification
- Tax filing
- Issuance of bank accounts
- Issuance of pay cards
- Payment issuance or facilitation
- Payroll Deductions
- Passkey and password-less authentication
- Benefit Enrollment
- Financial wellness solutions
- Credit Building
Disclaimer: Fluid makes no claims or guarantees regarding compliance with all laws or regulations. Users are responsible for compliance and are encouraged to seek legal counsel if uncertain.
1.2 License Grant
Fluid grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Solution for its intended purposes in accordance with this Agreement.
1.3 Data Use and Privacy
- Fluid may store data collected during the filing process to submit future revisions of the BOI Report or for other approved purposes.
- Fluid will not sell User data.
- Fluid implements reasonable security measures but cannot guarantee absolute protection against unauthorized access.
1.4 Indemnification and Limitation of Liability
- Users agree to indemnify and hold harmless Fluid and its affiliates from any claims, damages, or liabilities arising out of the use of the Solution.
- Fluid is not liable for indirect, incidental, or consequential damages.
1.5 Termination
Fluid may suspend or terminate access to the Solution for violations of this Agreement or operational needs.
1.6 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Utah.
SECTION 2: TERMS AND CONDITIONS
2.1 Acceptance of Terms
By using the Solution, you agree to the terms outlined in this Agreement. These Terms and Conditions may be updated at any time, with notice provided through the Solution or other communication methods.
2.2 Eligibility
Users must:
- Be at least 18 years old.
- Provide accurate and truthful information.
- Have the authority to act on behalf of the business entity being represented.
2.3 Prohibited Activities
Users agree not to:
- Use the Solution for illegal purposes.
- Interfere with the Solution’s functionality or attempt to gain unauthorized access.
- Submit false or fraudulent information.
2.4 Fees and Payment
- Users will be charged upon successful submission of a BOI Report to FinCEN.
- All fees are non-refundable unless otherwise stated.
- Users agree to timely payment of any amounts owed.
2.5 User Responsibilities
- Users are solely responsible for the accuracy and completeness of all information submitted through the Solution.
- Users agree to timely payment of any amounts owed.
2.6 Disclaimer of Warranties
The Solution is provided "as is" without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
2.7 Force Majeure
Fluid is not liable for delays or failures in performance caused by circumstances beyond its reasonable control, including acts of God, government actions, labor disputes, and cybersecurity events.
2.8 Dispute Resolution
- Any disputes shall be resolved through binding arbitration in the jurisdiction of the state of Utah.
- Each party shall bear its own legal fees, except as otherwise provided by law.
2.9 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
2.10 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements.
2.11 Contact Information
For questions or concerns, contact Fluid Financial Technologies Inc. at support@fluidboir.com.
