By using the cashflowy.io website, any associated mobile applications, and/or related services (collectively, "Service") owned by Cashflowy ("Cashflowy"), you hereby agree to be bound by these Terms of Service ("Terms") in full and without modification. The Terms are a legally binding contract between you ("you" or "User") and Cashflowy regarding your use of the Service. Cashflowy may revise or replace the Terms at any time. Upon any revision, existing users will be notified via email or in the Services. Each time you access or use the Service, you agree to be bound by the most recent version of the Terms. The date on which these Terms was last updated will be noted near the top of the document. If you do not agree to be bound by all of these Terms, you may not access or use the Service. By using or accessing any of the Services in any way, you agree to be bound by these Terms in full.
Legal Relationship between you and Cashflowy
Your use of Cashflowy's Services (excluding any services provided to you or your employees by Cashflowy under a separate written agreement) is subject to complete compliance with these Terms. At all times, you and Cashflowy will be considered independent contractors of each other. The Services are accessed through Cashflowy's proprietary software application(s) (referred to as the "Software" below) and hosted on Cashflowy's servers. Terms and conditions se t out in this document referred to below as the "General Terms". Additional terms may apply if agreed to in writing by and between the parties (the "Additional Terms"). Your agreement with Cashflowy will also include all subscription rates and payment terms applicable to the Services chosen by you, which such terms will be available on cashflowy.io . (the "Payment Terms"). The Payment Terms, including any related additional terms applicable to your subscription, are published on Cashflowy website or are otherwise made available to you either within, or through your use of, the Service you subscribe to. The Payment Terms are subject to change at any time upon notice to you. You agree to be bound by the most recent version of the Payment Terms. The General Terms, together with Privacy and Data usage policy (available at https://www.cashflowy.io/privacy-policy), are a legally binding agreement between you and Cashflowy in relation to your use of the Service. Collectively, this legal agreement is referred to below as the "Terms".
Payment for the Services provided by Cashflowy
The prices applicable to your use of the Services will be contained in the Payment Terms.
You may pay for the Services by using your credit card information, or alternatively, you can contact us to agree on other methods of payment (such as invoicing). If you subscribe to the Service, you agree that you will be charged periodically by Cashflowy based on the Payment Terms. In addition, you fully acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. Cashflowy will always inform you about the price modification prior to making the upgrade or changing your subscription. You agree to pay the then-current subscription price during each billing period and hereby authorize us, through our third party payment processor (to the extent applicable), to charge your credit card, or other payment method on file.
Cashfowy is not responsible for the payment processing provided by any third party.
Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.
No refunds, setoffs, or credits will be made available under any circumstance.
Provision of Services
Cashflowy may have subsidiaries and affiliated legal entities in other countries (referred to herein as the "Subsidiaries and Affiliates"). At times, these companies may provide the Services to you on behalf of Cashflowy itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. Where Services are provided by Cashflowy's Subsidiaries or Affiliates, Cashflowy will remain ultimately responsible for the provision of Services.
You fully acknowledge and agree that the form and nature of the Services that Cashflowy provides may change without prior notice to you.
You acknowledge and agree that Cashflowy may modify the Services, or permanently or temporarily stop providing the Services (or any part of the Services) to you or to users generally, at Cashflowy's sole discretion, without prior notice to you or any liability on the part of Cashflowy.
You understand and agree that if Cashflowy disables access to your account for any reason, you may be prevented from accessing the Services, your account details or any data or other content which is contained in your account.
Your use of the Services
You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to Cashflowy that: (i) you are at least 18 years of age, (ii) you have not previously been suspended or removed from the Service, (iii) your registration and your use of the Service are in compliance with any and all applicable laws and regulations, and (iv) you have the authority to bind any other person or entity you represent in using these Services. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Cashflowy in writing. You may not access and/or use the Service and the underlying Software in order to build a similar or competitive product. You may not (and you may not permit anyone else to) utilize the Services to: Impersonate any person or entity. Stalk, harass, defame, abuse, threaten or otherwise violate the legal rights of others. Share information that is false or misleading. Engage in any activity that may be considered illegal, unlawful or injurious. In order to access certain Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Cashflowy will always be accurate, correct and up to date. You will update such information as required. You agree to use the Services only for purposes that are permitted by (1) the Terms; (2) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (3) any other applicable rules (including Google, Facebook and Twitter rules). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Cashflowy, unless you have been specifically allowed to do so in a separate agreement with Cashflowy. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Cashflowy, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you will not engage in any activity that may amount to the misuse of our Services or that seeks to circumvent the Services' terms. You agree that you are solely responsible for (and that Cashflowy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Cashflowy may suffer) of any such breach.
Your passwords and account security
If you register for the Services, you may be required to create a username and password. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
You agree that you will be solely responsible for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Cashflowy immediately using contact details presented on Cashflowy .
Content in the Services
As used in these Terms, “Content” means any material or information (including without limitation text, images, audio material, video material and audio-visual material) which you may have access as part of, or through your use of, the Services. Cashflowy reserves the right to edit or remove any Content created as a result of using Services, or stored on Cashflowy's servers. Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such Content to Casflowy (or by other persons or companies on their behalf), and that the Content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on such Content (either in whole or in part), unless you have been specifically told that you may do so by Cashflowy or by the owners of that Content, in a separate agreement. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that Cashflowy has no responsibility to you or to any third party for) any content that you create (“User Content”), transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Cashflowy or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Cashflowy harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Cashflowy as a result of or in connection with your breach of any third party’s intellectual property or similar rights. You agree that you are solely responsible for (and that Cashflowy has no responsibility to you or to any third party for) any content that you create (“User Content”), transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Cashflowy or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Cashflowy harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Cashflowy as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
Proprietary rights
You acknowledge and agree that Cashflowy owns all legal rights, title and interest in and to the Services, including any intellectual property rights which exist in the Services, including (but not limited to) trademark, service mark, copyright, and patent rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Cashflowy and that you shall not disclose such information without Cashflowy's prior written consent. Unless you have agreed otherwise in writing with Casflowy, nothing in the Terms gives you a right to use any of Cashflowy's trade names, trademarks, service marks, logos, domain names and any other distinctive brand features. If any Service's deliverables such as dashboards, datasets or reports generated by you through the use of the Service include Cashflowy's trade name, trademark, service mark, logo, domain name or other distinctive Cashflowy's brand features, their use in connection with that deliverable is permitted solely for that purpose. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Cashflowy, you agree that in connection with the Services, you will not use any trade mark, service mark, trade name, logo of any third party company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Cashflowy
Cashflowy gives you a worldwide, royalty-free, non-assignable, and non-exclusive right and license to access and use the Services on a subscription basis, for the term and in the scope designated by the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Services as provided by Cashflowy, in the manner permitted by the Terms. Unless Cashflowy has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder. You fully acknowledge that this is a service agreement, and Cashflowy will not be delivering copies of the Software to you as part of the Services. The Software will be accessed remotely. Your license from Cashflowy will terminate immediately, and without further action, upon any termination of your relationship as described in Section 9.
Copyright infringement
Cashflowy takes copyright infringement seriously. The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without authorization and is available within the Services in a way that may constitute copyright infringement, you may provide notice of your claim to Cashflowy's designated agent listed below. For the notice to be effective, it must include the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work that is claimed to have been infringed; a description of where the allegedly infringing material is located within the Platform; information reasonably sufficient to permit Cashflowy to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; a statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Ending your relationship with Cashflowy
If you subscribe to using the Services continuously on a monthly "pay as you go" basis online, as described in the Payment Terms: You may stop using the Services and terminate your legal agreement with Cashflowy at any time using the user interface for the Services. Cashflowy may at any time, by sending a notice, terminate its legal agreement with you embodied in the Terms if (1) you have breached any provision of the Terms (or have threatened to breach the Terms), (2) Cashflowy is required to do so by law, (3) the partner with whom Cashflowy offered the Services to you or whom Cashflowy uses or whose cooperation Cashflowy needs in order to offer the Services to you, has terminated its relationship with Cashflowy or stop to offer the Services to you, (4) Cashflowy decided to no longer providing the Services to users in the country in which you reside or from which you use the Services or (5) the provision of the Services to you by Cashflowy is, in Cashflowy's opinion, no longer commercially viable. Your legal agreement with Cashflowy embodied in the Terms shall automatically renew for another term corresponding to your original (preceding) subscription term, unless you or Cashflowy provide notice to the other of your or our intent to terminate the agreement within the last thirty (30) days before the end of the then current term. You will be notified of the upcoming renewal and may notify Cashflowy of your intention not to renew by unsubscribing from the automatic renewal within the user interface for the Services. If you are using Cashflowy on the basis of FREE plan (i.e. you did not subscribe to any paid plan): Cashflowy may disable your account and terminate your legal agreement with Cashflowy without any notice or explanation. When your legal agreement with Cashflowy comes to an end, all of the legal rights, obligations, and liabilities that you and Cashflowy have benefited from, been subject to (or which have accrued over time whilst your legal agreement with Cashflowy has been in force) and which are expressed to continue indefinitely, shall be unaffected by this cessation.
NO WARRANTIES
THE CONTENT AND ALL SERVICES ASSOCIATED WITH CASHFLOWY ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. CASHFLOWY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH ITS SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK. CASHFLOWY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIRD-PARTY SERVICE PROVIDERS THAT CASHFLOWY MAY USE IN THE OPERATION, PROCESSING AND ADMINISTRATION OF THE SERVICES. CASHFLOWY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY , CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES, OR THE SAFETY , RELIABILITY , TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. CASHFLOWY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM CASHFLOWY'S SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. CASHFLOWY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH ITS SERVICES. CASHFLOWY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. CASHFLOWY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. CASHFLOWY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CASHFLOWY MAKES NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY JURISDICTIONS. WHEN YOU ACCESS OR USE OUR SERVICES FROM A JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CASHFLOWY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B)FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND CASHFLOWY'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO CASHFLOWY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT CASHFLOWY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Cashflowy from and against any and all claims, expenses, losses, or liabilities arising from, or related to, your breach of these Terms or your use of the Services.
Other content
The Services may include hyperlinks to other web sites or content or resources. Cashflowy has no control over any web sites or resources which are provided by companies or persons other than Cashflowy. You acknowledge and agree that Cashflowy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources. You acknowledge and agree that Cashflowy is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources. In addition, you acknowledge and agree that Cashflowy is not liable for any damage that may be incurred by you as a result of any reliance you may have placed on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such web sites or resources.
Additional Terms
Cashflowy's principal place of business is in 8, The Green, Dover, Delaware 19901, US The Terms, together with any duly executed Additional Terms, constitute the whole legal agreement between you and Cashflowy and govern your use of the Services (excluding any services which Cashflowy may provide to you under a separate written agreement), and completely replace any prior agreements between you and Cashflowy in relation to the Services. You agree that Cashflowy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services website. The parties agree that if one of them does not exercise or enforce any legal right or remedy which is contained in the Terms (or which such party has the benefit of under any applicable law), this will not be taken to be a formal waiver of such party's rights and that those rights or remedies will still be available to it. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and your relationship with Cashflowy under the Terms, shall be governed by the laws of the State of Delaware and the United States. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in the State of Delaware.
