TERMS AND CONDITIONS.
Please read these terms and conditions (“Agreement”) carefully as it constitutes a binding contract between “US,” “WE,” and “YOU.”
You hereby CONSENT to the exchange of information between US and YOU.
- Services.
The Services consist of cloud-based services, which may include; –
- Bookkeeping and accounting,
- financial information storage and reporting,
- Tax preparation and advisory services (“Tax Services”), and
- Communicating information to, from, and among Third Party Servicers, as per Customer instructions.
The Customer may make certain services selections that they wish to procure through the Application or the Account.
We will provide the Services to YOU for the period of this Agreement, subject to the necessary payments of applicable Fees and compliance with the terms of this Agreement.
As part of the Services, WE hereby grant you a non-exclusive, non-transferable, non-assignable right to use the Services, as per the terms of this Agreement.
YOU acknowledge that the Services are cloud-based and hosted services. No copies of the Services or OUR System will be delivered to YOU, the App, subject to the End User License Agreement (“EULA”).
The Services shall be used by YOU solely for YOUR purposes, and WE do not convey any right, ownership, or interest in the Services or OUR System to YOU. YOUR have the right to use the Services will terminate upon the termination of this Agreement or suspension.
- Term.
The period of this Agreement (“Term”) shall begin as of when YOU accept this Agreement, complete the Application, or obtain an Account and shall continue until terminated according to the terms hereof.
- Payments.
Access to the Services may require YOU to pay Fees, as may be further described at https://ProfitYO.co/pricing/ or otherwise on the Site, the App, or in the Account. All Fees are in US dollars and are non-refundable unless otherwise provided herein. WE reserve the right to amend the Fees by posting new Fees on the Site, in the App, or the Account; such changes shall take effect within thirty (30) days unless accepted by YOU earlier or if YOU do not close YOUR Account within such delay.
- Ownership and Copyright.
You acknowledge that all information, content, data, product names, company names, trademarks, logos, and trade names contained on this website (collectively the “Content”), including how the Content is exhibited and all other information relating thereto, are the property of the individual owners as indicated.
- Confidential Information.
Each party acknowledges that they may directly or indirectly disclose Confidential Information to the other party in the negotiation of and performance of this Agreement. All such Confidential Information disclosed hereunder shall remain the property of the disclosing party (or other third parties), and the receiving party shall have no interest in or rights with respect thereto, except as set forth herein.
Each party agrees to treat such Confidential Information with the same degree of care and security as it treats its most confidential information. Each party may disclose confidential information to employees and agents who require such knowledge to perform services under this Agreement.
Except as otherwise contemplated by this Agreement, neither party shall disclose the Confidential Information of the other party to any third party without the prior written consent of the disclosing party, and the duty of confidentiality created by this section shall survive any termination of the Agreement. YOUR Data shall, without limitation, be Customer Confidential Information. OUR Data shall, without limitation, be ProfitYO Confidential Information.
- Termination.
Either party may terminate the terms of this Agreement at any time for any reason or convenience. YOU may terminate by closing YOUR Account or other means as the Services may provide. WE may terminate this Agreement by notice to YOU through the Account, by email to the provided contact information in the Application, or by other electronic notice to other contact information provided by YOU to US.
- Limitation on Liability.
THERE IS NO GUARANTEE THAT CONFIDENTIAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR THE INTERNET WILL BE SAFE AND SECURE. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. WE ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO ANY USAGE OF YOUR PERSONAL/CONFIDENTIAL INFORMATION.
This website may contain links to other websites. WE do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites,
- Indemnity.
You agree at all times to indemnify and hold US harmless, OUR agents, suppliers, licensors, affiliates, and employees against any actions, proceedings, costs, claims, damages, liabilities, and expenses whatsoever sustained, incurred, or paid by US directly or indirectly.
- Governing Law.
The terms and conditions herein will be governed by the State of New York laws.
- Dispute Resolution.
All disputes arising out of the performance of this Agreement will be submitted to binding arbitration in Queens, New York, USA, under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the procedures set forth below.
All disputes that cannot be resolved according to the identified internal issue resolution process will be submitted and settled by final and binding arbitration. The arbitration will take place in Queens, New York, USA, and will apply the governing law. The last and binding arbitration will be performed by a single arbitrator who is a practicing commercial lawyer in English and according to the Commercial Arbitration Rules of the AAA then in effect. The arbitrator’s decision will be final and binding. The arbitrator will be bound by the Agreement’s provisions. Notwithstanding the previous, either party may seek injunctive relief in a court of competent jurisdiction, where appropriate, to protect its rights pending the outcome of the arbitration.
- Severability.
Any provision herein found by a Court/tribunal of competent jurisdiction to be illegal or unenforceable shall automatically conform to the minimum requirements of law. All other provisions’ validity, legality, and enforceability shall remain in full force and effect.
- Waiver.
The failure of a party to exercise or delay in exercising a right or remedy provided in this Agreement in one instance shall not preclude the enforcement thereof on any future enforcements.
- Entire Agreement.
This Agreement, and any amendments, and any other legal notices and policies on this website constitute the entire Agreement between You and US concerning the use of this website and the Content.
- Amendments.
WE retain the right to amend this Agreement at any time upon notice by posting revisions to this Agreement on the Site. Continued use of the Services after YOU become aware of any such changes will constitute YOUR consent to the changes. YOU are responsible for regularly checking for the most current version of this Agreement available on OUR website.
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