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Effective as of April 5, 2018.
You will see the following terms throughout this document. These terms have meanings as defined below.
2. “Company” refers to BooXkeeping Corporation. “Company,” “We,” “Us,” or “Our” may be used in interchangeably.
3. “Customer” refers to the individual purchasing Company’s services. “Customer,” “You,” or “Your” may be used interchangeably.
4. “Applicable Law” refers to the laws of California, USA, which shall govern this Agreement.
5. “Service” or “Services” refer to the online financial services and related services offered by the Company.
6. “Credit Card Data” refers to the credit card holder’s primary account number, name, expiration date, and/or service code.
7. “Collaborator” is an authorized user of Customer’s account with Company.
8. “Non Personal Information” is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.
9. “Personally Identifiable Information” is non-public information that is personally identifiable to you and obtained in order for us to provide you services within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.
C. How to Withdraw Your Consent
D. Intellectual Property
Company’s software and any accompanying documentation is owned and copyrighted by Company and is protected by intellectual property laws. The Customer has no ownership interest in Company’s software itself and is not permitted to copy or modify the software. Company maintains no intellectual property rights to any of your personal information disclosed in connection with Company’s services.
You may provide a Collaborator, an authorized user, with access to your account information. Collaborator may perform tasks designated by you, such as, creating invoices and categorizing transactions. If the account is for a business or corporation, you represent and warrant that you have the right to provide access to the Collaborator(s).
If the Collaborator misuses your personally identifiable information, Company is in no way liable for Collaborator’s conduct or any damages you may incur as a result of Collaborator’s unlawful actions.
F. Disclosure Information
Circumstances may arise under which Company is required by law to disclose your personal information. Such instances may include, but are not limited to the following: (a) to prevent fraud; (b) to provide our lawyers with relevant information for legal proceedings; or (c) to comply with a court order.
If Company is required to disclose any of your personal information, you will be notified of this disclosure.
G. Electronic Communications
You agree to receive all communications electronically. Communications may include, but are not limited to, this Agreement, annual disclosures, account statements and history, and tax statements. These communications will be sent via email to the primary email address registered in connection with Company’s services. Whether you have opened the email or not, communications are considered received within 24 hours or Company’s dispatch of the email. Communications posted to Company’s Website are likewise considered received within 24 hours of Company’s post.
It is your responsibility to ensure Company has an accurate and current email address for communications and that you are able to receive, open, print, or download a copy of communications sent to you.
If you no longer wish to receive communications via email, you must inform our customer support team. Customer’s withdrawal from electronic communications may prevent us from continuing to offer services to Customer. Alternately, you may be charged additional fees for paper copies.
H. Conditions of Usage
It is your responsibility to keep your username, password, account details, and all information required in connection with Company’s services private and current. Customer represents and warrants the registration of a business is authorized by the business. Additionally, Customer must provide us with contact information of at least one other person within the business. If the authorized representative who registered the business’s account leaves the business, we may be required to provide access to the account to another business representative. If this should occur, you agree to hold harmless and release Company from any liability that may arise from granting such access.
You are responsible for all activities that occur under your account. You must notify Company immediately of unlawful access or use of your account. You agree to hold harmless, release, and indemnify Company from any loss or liability whatsoever or third-party claims, that may arise from unauthorized use of your account, whether it is with or without your knowledge.
I. Credit Card Data
Company is responsible for the security of Credit Card Data collected, transmitted, stored, or processed by Company on Customer’s behalf. Company utilizes security measures to protect Credit Card Data. The Credit Card Data will be encrypted and will only be available in masked form once entered. Company requires that Credit Card Data only be used as explicitly requested and stored in appropriate places to ensure security is maintained.
YOU AGREE NOT TO INPUT CREDIT CARD DATA INTO ANY OF COMPANY’S FORMS OR ENTRY FIELDS, OTHER THAN THOSE THAT EXPLICITLY REQUEST SUCH DETAILS.
J. Prohibited Use
Company’s services may only be used for lawful purposes. Company’s services may not be used to further fraudulent conduct or any conduct that would give rise to liability.
Customer may not sublicense, assign, or transfer the license.
Customer may not restrict or prevent another user from utilizing Company’s services. Further, Customer is prohibited from attempting to unlawfully gain access to another user’s account by any means.
Customer may not upload excessive material or use Company’s services in a manner that hinders performance of Company’s website or impairs Company’s servers. Additionally, Customer is prohibited from uploading any files that may contain viruses or any other harmful elements that may damage the function of another computer. All materials uploaded must comply with applicable laws.
Customer is prohibited from conduct that would in any way violate Company’s intellectual property rights or the intellectual property rights of others.
Customer may not advance any commercial interest, falsify or alter information on Company’s software or website, violate applicable laws, create a false identity, or utilize Company’s services under false pretenses.
K. Financial Institutions
Online services, such as online banking, are offered by independent financial institutions, not by Company. You agree to hold harmless and release Company from any liability in connection to your use of such online services. These third-party providers may limit services in accordance with their own terms and conditions. You represent and warrant that you are authorized to provide Company with personally identifiable information, and other details that may be required to access third-party accounts in connection with Company’s Services.
L. Information Received by Third Parties
While using Company’s Services, you may be directed to websites maintained by third-party providers.
Certain Services offered by Company operate in conjunction with, and are dependent upon, application programming interfaces (“APIs”) from third parties. If such third-party services cease to be available to Company on reasonable terms, Company may in turn cease to provide those third-party services to you without a refund or alternate compensation. Customer’s only recourse will be to cease using Company’s Services. Further, with Customer’s authorization, Company may grant third-parties access to a portion or all (depending on the extent of your consent) of Customer’s private information through Company’s own API to use solely in connection to Company’s services.
You acknowledge that such third-party websites and services are independent of Company, and that Company is not liable in regards to your use or inability to use their products or services. Additionally, Company retains the right, at any time and without notice to you, to discontinue providing Company’s API to such third-party services. You acknowledge that any use of the services offered from such third-parties is solely at your own risk. Further, you acknowledge that use of such third-party services is subject to the terms and conditions established by such parties. You expressly hold harmless and release Company from any liability whatsoever arising out of your use or inability to use, products and services offered by such third-party providers, regardless of whether your use was in connection to Company’s services. While Company may make available such third-party services, Company in no way endorses, warrants, or makes any representation as to the quality, fitness, accuracy, or lawfulness of the third-party provider’s services or products.
Company’s services allow you to authorize Company to access and retrieve your financial information from third parties, such as banks, so you may then conduct a variety of financial transactions using Company’s software. These transactions may include, but are not limited to, accepting and making payments, bank deposits, and filing tax returns. Customer is solely responsible for ensuring the accuracy of any information acquired from such third parties.
M. Software Notice
Generally, you control the amount and type of information you provide to Company when using Company’s Website.
As a visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a visitor.
When you use Company’s Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information.
We also collect the following:
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our users to help improve our Website.
We use the information we receive from you as follows:
We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website.
We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Website (i.e. payment processors, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.
We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.
We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of Company, our Customers, employees, and affiliates.
O. Termination of This Agreement
Customer may terminate this Agreement by closing Customer’s account. If the Customer is a Company, services may be terminated upon receipt of an order for winding up of the business, other than for the purposes of amalgamation, merger, or reconstruction, or upon an agreement made with the creditors.
P. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY’S LIABILITY RELATED TO ANY OF COMPANY’S SERVICES EXCEED THE FEES ACTUALLY PAID BY CUSTOMER FOR THESE SERVICES.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER DERIVED FROM OR RELATED TO THE USE OR INABILITY TO USE THE COMPANY’S SOFTWARE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY DISCLAIMS, AND EXPRESSLY DOES NOT PROVIDE ANY REPRESENTATION (DIRECT, INDIRECT, EXPRESS, OR IMPLIED) OR WARRANTY AS THAT THE SOFTWARE AND FUNCTIONALITY WILL: (A) MEET CUSTOMER’S REQUIREMENTS AND EXPECTATIONS; (B) BE ERROR FREE, OR; (C) FREE OF VIRUSES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO USE COMPANY’S SERVICES AT YOUR OWN RISK. YOU AGREE TO INVESTIGATE WHETHER COMPANY’S SERVICES ARE SUITABLE FOR YOUR INTENDED PURPOSE.
R. Governing Law
This Agreement shall be construed according to, and the rights of the parties shall be governed
by, the law of the State of California.
CUSTOMER ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTOOD THE AGREEMENT.