TERMS OF USE

2. Access is a privilege

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service solely for Company’s bookkeeping and related internal business, in the role we assign (Owner, Staff, or Viewer), for as long as we allow it. We may change your role, suspend you, or revoke you at any time, with or without cause, with or without notice, and it takes effect on the next request — including mid-session. We do not owe you a reason, a copy of the books, or a transition period.

You must sign in with the Google or Microsoft account we authorized. You may not share that account, an invite link, or a session. You may not let anyone else use your access. You must tell us promptly if you believe the account is compromised. We may rely on the provider’s assertion of identity; we are not responsible for the provider’s outage, lockout, or error.

We may add, remove, or change features, move hosting, change identity providers, lock a period, disable a module, or discontinue the Service, in whole or in part, at any time. Continued use after a change is acceptance of the change.

3. The books are ours

As between you and Company, Company owns all right, title, and interest in the Service, the books, stored files, the audit log, backups, configuration, numbering, reports, and every record you create, edit, upload, or generate in the Service — including invoices, bills, payments, contacts, notes, and work product of any kind. You assign to Company any interest you might claim in that material, to the maximum extent the law allows, and you waive any moral-rights claim to the extent waivable.

You have no license to copy, export, scrape, photograph, or download the books or stored files except as the Service’s ordinary screens allow for the work we assigned you, and only while your access lasts. An Owner’s portable export is Company’s copy, not yours. On revocation you must destroy any copies you still hold and confirm that destruction in writing if we ask.

Fintex, its marks, templates, and documentation remain Company’s (or its licensors’). These Terms grant no trademark, copyright, or other intellectual-property right except the narrow license in section 2.

4. Confidentiality

Everything you see in the Service is Company’s confidential information: customer and vendor lists, prices, terms, balances, employees, stored files, reports, and the fact of a given transaction. You will use it only to do the work we assigned, and only while you have access. You will not disclose it to anyone we have not authorized, and you will not use it afterward to solicit Company’s customers or vendors, to compete with Company, or for any other purpose.

This duty survives revocation and lasts for five years, except that trade secrets remain protected for as long as they remain trade secrets, and information that is a legally required business record remains Company’s even after that deadline. We may seek injunctive relief for a breach of this section without posting a bond and without proving actual damages. If we prevail in an action to enforce this section or section 3, you will pay our reasonable attorneys’ fees and costs.

5. Conduct

You will use the Service only as we intend: honest bookkeeping for this business. You will not:

• Enter information you know is false, or hide a posted error with a new document instead of the Service’s void or correction path.
• Probe, scan, overload, or attempt to bypass the network boundary, sign-in, roles, CSRF protection, or any other control.
• Upload malware, or anything you do not have the right to store here.
• Use the Service to store or transmit anything unlawful.
• Reverse engineer the software except to the limited extent a statute says we cannot stop you, and then only after written notice.
• Frame, scrape, or automate access except as we expressly permit in writing.

We may preserve and review anything in the Service to investigate a suspected breach of these Terms. A Viewer may not write; attempting to POST is a breach even if the application already refuses it.

6. No expectation of privacy

The Service records who changed what. An Owner can read that log. We may review, copy, and disclose the books, stored files, and audit trail for any business, legal, or investigative purpose. By signing in you consent to that monitoring. You have no expectation of privacy in anything you do in the Service as against Company.

You have no right to deletion of books records, party records, or audit entries. Parties are retired, not deleted. That rule is not waivable by a user request. The Privacy Policy states the same thing in other words; if the two ever differ on a point of recordkeeping, these Terms control as between you and Company.

7. No professional advice, no warranty

The Service is a bookkeeping tool. It is not tax advice, legal advice, CPA advice, or a substitute for the professional responsible for Company’s filings. Accrual posting, reports, and any figure the Service produces are computational results, not representations that a return, a GAAP presentation, or a third-party statement is correct.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT THE LAW ALLOWS, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE BOOKS, BACKUPS, OR STORED FILES WILL BE COMPLETE OR RECOVERABLE IN EVERY FAILURE MODE. YOU USE IT AT YOUR OWN RISK.

8. Limitation of liability

TO THE MAXIMUM EXTENT THE LAW ALLOWS, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY, AND WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100). THAT CAP APPLIES IN THE AGGREGATE, NOT PER INCIDENT. IF A JURISDICTION DOES NOT ALLOW A PARTICULAR LIMITATION, THAT LIMITATION IS ENFORCED TO THE GREATEST EXTENT IT CAN BE, and the rest of this section still applies.

The limitations in this section allocate risk. The license in section 2 is priced on that allocation — you pay us nothing for access. They apply even if a remedy fails of its essential purpose.

9. Indemnity

You will indemnify, defend, and hold harmless Company and its members, officers, employees, and agents from any claim, loss, damage, liability, and expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) any content you enter or upload; or (d) your violation of law or of a third party’s rights. We may assume control of the defense; you will cooperate. You will not settle a claim that imposes any obligation on Company without our prior written consent.

10. Ending access

You may stop using the Service at any time. We may end your access as section 2 says. Sections 3 through 9 and 11 through 12 survive ending access, as do any terms that by their nature should survive. Ending access does not entitle you to a copy of anything, and it does not delete the work you did.

11. Law, venue, jury waiver

These Terms are governed by the laws of South Carolina, without regard to conflict-of-law rules that would choose another forum. Exclusive venue for any dispute arising out of or related to the Service or these Terms is the state courts sitting in Greenville, South Carolina, and you consent to personal jurisdiction there. YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL to the maximum extent the law allows.

You may not bring a claim as a class, collective, or representative action. You may bring a claim only in your individual capacity.

12. Other terms

• Changes. We may amend these Terms by publishing a new version at /terms. The effective date is the date that version took effect. Continued access or use after that date is acceptance. We do not have to notify you individually.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Company about the Service. They supersede prior oral or written terms about access. They do not amend any separate employment, contractor, or confidentiality agreement you have with Company; where those are stricter, the stricter term controls.
• Severability; no waiver; assignment. If a court finds a term unenforceable, it will be modified to the minimum extent needed or severed, and the rest remains. A failure to enforce is not a waiver. You may not assign these Terms. We may assign them to an affiliate or a successor of the business. These Terms bind permitted successors.
• No third-party beneficiaries. These Terms create no right in anyone except you and Company, other than the indemnified people in section 9.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including hosting, identity-provider, or network failure.
• Notices. We may give you notice by a banner in the Service, by email we have on file, or by posting on this page. You give us notice in writing at the address below.
• Headings; construction. Headings are for reading, not interpretation. “Including” means “including without limitation.” These Terms are the product of the parties; they are not construed against the drafter.

Contact

Notices to Company: User Testing, LLC, SC.

The companion document is the Privacy Policy.