Terms of Service
Last updated: October 19, 2021
Please read these Website & Subscription Terms of Service (“Terms of Service”) very carefully before using the AutoCFO web site and/or creating an account for Service. These Terms of Service govern you accessing Content and using www.AutoCFO.com and our affiliate’s web sites and mobile applications. This web site and any cloud-based or mobile application (collectively the “Site”) is owned and operated by AutoCFO, LLC, a Texas limited liability company. The Site and its Content (as defined below) and the services offered by AutoCFO (“Service”) may only be accessed in accordance with these Terms of Service. These Terms of Service are a legally binding agreement between you (“you”) and AutoCFO, LLC (“AutoCFO” or “we”, “our”, or “us”), that is subject to change by us as described below.
By using this Site and/or signing up for an Account, you (i) accept these Terms of Service; (ii) agree to be bound by these Terms of Service; and (iii) have entered into a binding agreement between you and AutoCFO.
If you disagree with any part of the Terms of Service, then you do not have our permission to access or use the Site or Services.
Service Offering, Pricing, and Payment
The Service offered by AutoCFO is a subscription service. The subscription fees listed on the Site are exclusive of applicable state, federal, local, and other taxes and fees. Subscription fees are subject to change by posting on the Site. If you have a current Account, you will be notified via email at least 30 days before an increase in price to the Services you are subscribed to goes into effect. If you do not cancel your Service as described in these Terms of Service, you will be charged the updated price as specified in the email notice.
We offer a free trial to our Site for a period of 30 days. After the free trial has expired, you will be charged for the full amount of the subscription service. Only one free trial is available per Company.
Payment options will include (i) monthly, auto-payment at the beginning of the month (after the 30-day free trial); or (ii) annual payment in advance for an indicated discount, no refund for early cancellation. At the conclusion of the applicable payment period, the subscription shall automatically renew for an additional period equal to the then-current period and you hereby authorize AutoCFO to charge your credit card, if applicable. You will receive access to the Service as long as you have made all payments due.
Payments made on the Site will be processed by a third-party payment processor. We are not responsible for the collection, use, sharing, or security of your payment information by the third-party payment processor.
You hereby represent and warrant that you have the legal right to use the payment method in connection with any payment and that the information that you supply to us and to the third-party payment processor is true, correct, and complete.
All payments are non-refundable, and no refunds or credits will be issued for partial periods of Service.
Terms and Limitations of the Service
You recognize, acknowledge, and agree that the quality and usefulness of the Services provided by the Site are fully dependent on the information that you input into your Account. AutoCFO has no responsibility for the quality or accuracy of the information that you input into your Account, either manually or through a sync with QuickBooks® AutoCFO does not provide any services relating to inputting information or data into your Account, except for the connection between your AutoCFO Account and your QuickBooks® account.
While not required, the best practice for obtaining the highest level use of the Service is to use a QuickBooks® certified accountant or bookkeeper to set up your QuickBooks® account, including but not limited to your chart of accounts, prior to utilizing the AutoCFO Services.
The Software only package (currently named “AutoCFO PRO” and “AutoCFO Lite”) does not include any one-on-one time with individuals at AutoCFO, except for Site support services. You can reach our customer support by emailing firstname.lastname@example.org.
The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms of Service, the terms and conditions of the other area shall prevail. AutoCFO may at any time revise these Terms of Service by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Service to which you are bound.
Changing Subscription Plans
AutoCFO offers different levels of subscription plans as described in separate portions of the Site. If you downgrade your subscription plan you may lose certain functionality, including reporting and customization. If you upgrade your subscription plan, you will immediately be charged the additional fee. You understand and acknowledge that if you do not maintain the same level of Service or your subscription lapses, you may lose some or all of the data, reports, and customizations in your account and your account or data may be deleted.
You may downgrade or upgrade your subscription at any time subject to the terms above.
There is no charge for cancelling the subscription to the Service; however, all payments are non-refundable, and no refunds or credits will be issued for partial periods of Service. Cancelling your subscription is done through your Account. You will no longer receive the Services provided by the subscription as of your cancellation effective date which is the last day of your current subscription period.
We reserve the right to cancel your Account for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the Services.
You acknowledge and agree that AutoCFO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AutoCFO’s sole discretion, without prior notice to you.
You acknowledge and agree that if you cancel your Account or AutoCFO disables access to your Account, you may be prevented from accessing the Services, your Account details, or any files or other materials which are contained in your Account.
When you sign up for Service on the Site, you will create a personalized account (your “Account”). To create an Account, you must nominate an email address and password (together referred to as your “Login”) to use the Site. The Account can be accessed by individual users (“Users”) that you authorize. Your Login is used by you to access the Site, your Account, and the Services. By creating an Account, you guarantee that you are 18 years of age or older and that the information that you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Site.
AutoCFO is entitled to assume that all access to and use of your AutoCFO is entitled to assume that all access to and use of your Account is authorized by you. During the signup process, User must provide their full name and a valid email address. As part of our security process, we verify that you have access to the nominated email address. You are responsible for maintaining the confidentiality of your Account and Login, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Any Mobile Application provided by AutoCFO will be available to Users at no additional fee; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for Users to sync any device with your Account.
Responsibility for Materials
All contents of this Site are ©2019 – 2021 AutoCFO, LLC or third parties. All rights reserved. Unless specified otherwise, this Site and all Content and other materials on this Site including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of AutoCFO, LLC and are either registered trademarks, trademarks, or otherwise protected intellectual property of AutoCFO, LLC or third parties in the United States and/or other countries.
AutoCFO reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
Any violation of the copyright in the Content or these terms and conditions may be enforced by AutoCFO, LLC or the copyright owner to the fullest extent allowed by law.
If you are aware of a potential infringement of our intellectual property, please contact email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright, trademark, or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address, and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Site.
You may submit your claim to us by contacting us at:
User Created Content
Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically, or otherwise objectionable, or which infringes upon the rights of any third party.
You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable and you acknowledge that AutoCFO shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. You agree to not impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use. AutoCFO has the right (but not the obligation) to remove, prohibit, edit, or discontinue any Content on the Site, including Content that has been posted by Users.
If you post Content or submit material, unless such Content or material submittal is subject to separate terms and conditions, AutoCFO shall own such Content and material and you hereby assign any rights in such Content and material to AutoCFO. In the event ownership in the Content or material cannot be granted to AutoCFO, you grant AutoCFO and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right, and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from, and otherwise exploit all such Content and material as if it were the full owner thereof. Furthermore, you grant AutoCFO, its affiliates, and sublicensees the right to use your name and/or Login name in connection with the Content. You represent and warrant that all Content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third-party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify, and hold AutoCFO and its affiliates harmless from and against any claims resulting from any Content or materials you provide hereunder or your use of the Service.
At your discretion, you may provide feedback to AutoCFO concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any Feedback, you hereby assign the ownership in all Feedback to AutoCFO. In the event ownership in the Feedback cannot be granted to AutoCFO, you grant AutoCFO at no charge a perpetual, irrevocable, royalty-free, sublicensable, worldwide right, and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that AutoCFO may disclose that Feedback to any third party in any manner and you agree that AutoCFO has the ability to sublicense all Feedback in any form to any third party without restriction.
Availability, Errors, and Inaccuracies
We may experience delays in updating information on this Site and in our advertising on other web sites. The information, Content, and Services found on the Site may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Site.
While AutoCFO uses reasonable efforts to include accurate and up-to-date information on the Site, AutoCFO makes no warranties or representations as to its accuracy. AutoCFO assumes no liability or responsibility for any errors, inaccuracies, or representations in the Content or this Site.
The inclusion or offering of any product or service on this Site does not constitute an endorsement or recommendation of such product or service by us.
Links to Third Party Websites
The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that AutoCFO is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Site or other web sites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
You agree that you will use the Site in accordance with all applicable laws, rules, regulations, and these Terms of Service at all times. The following is a non-exhaustive list of prohibited uses of this Site. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate AutoCFO, LLC or its employees, representatives, affiliates, subsidiaries, or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Use or misappropriate the data on this Site for your own commercial gain;
- Reproducing, duplicating, copying, selling, trading, or reselling the Services for any purpose;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
- Attempting to reverse engineer the software available on the Site;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Site, or which, as determined in our sole discretion, may harm us or the users of this Site or expose us or other users to liability;
- Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with another party’s use of the Site;
- Using any robot, spider, or other similar automatic technology, process, or means to access or use the Site for any purpose, including monitoring or copying any of the material on this Site;
- Using any manual process or other means to monitor or copy any of the material on this Site or for any other unauthorized purpose;
- Using any device, software, means, or routine that interferes with the proper working of the Site, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Site, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site;
- Attempting to attack or attacking the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Site;
- Accessing or attempting to access your Account or any of the Services by any means other than through the interface that is provided by AutoCFO, unless you have been specifically allowed to do so in a separate agreement with AutoCFO;
- Engaging 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 AutoCFO;
- Using the Site in any way that violates any applicable federal, state, or local laws, rules, or regulations.
AutoCFO does not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should not use this Site and should not submit any personal information to AutoCFO. If AutoCFO discovers that a person under the age of 13 has provided AutoCFO with any personal information, AutoCFO will use commercially reasonable efforts to delete such person’s personal information from all AutoCFO systems.
The provisions that by their nature are designed to survive termination or expiration of these Terms of Service shall survive termination or expiration of these Terms of Service or your access to our Site or Service.
THE MATERIALS, CONTENT ON THIS SITE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.
AUTOCFO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR SERVICES.
AUTOCFO MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AUTOCFO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
Limitation of Liability
You agree that you are solely responsible for (and that AutoCFO has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which AutoCFO may suffer) of any such breach.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AUTOCFO OR ITS SUBSIDIARIES, AFFILIATES, AND THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS SITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE. IN NO EVENT SHALL AUTOCFO’S LIABILITY UNDER THESE TERMS OF SERVICE EXCEED $100, EVEN IF AUTOCFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
FOR THE AVOIDANCE OF DOUBT, AUTOCFO AND ITS SUBSIDIARIES, AFFILIATES, AND THIRD PARTY LICENSORS ARE NOT LIABLE FOR ANY DECISION THAT YOU MAKE BASED UPON INFORMATION AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO DECISIONS BASED OFF OF FINANCIAL FORECASTS AND BUDGETS AVAILABLE THROUGH THE SITE.
IF YOUR USE OF MATERIALS FOR CONTENT FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Compliance with Laws
Entire Agreement, Amendment, Waiver, Severability, Headings
These Terms of Service shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. These Terms of Service may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms of Service by their express terms. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of these Terms of Service is a separately enforceable provision. If any provision of these Terms of Service is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for these Terms of Service to remain in effect in accordance with its terms as modified by such reformation. The section headings used herein are for convenience only and shall not be given any legal import.
AutoCFO shall not be liable to you for any delay or failure of AutoCFO to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of AutoCFO. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, pandemics, epidemics, other public health crises, or delays by you in performing any requirements hereunder.
Disputes & Attorneys’ Fees
Any dispute, controversy or claim arising under, out of or relating to these Terms of Service and any subsequent amendments of these Terms of Service, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas. The language to be used in the arbitral proceedings shall be English.
The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.
You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. These Terms of Service do not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Site.
Notwithstanding the foregoing, any claim, controversy, or dispute relating to any form of intellectual property may be brought in a court of law. Any action or suit related to this agreement shall be brought in the state or federal courts located in Travis County, Texas and you hereby consent to the exclusive jurisdiction of such courts.
ALL PARTIES TO THESE TERMS OF SERVICE WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, CLAIM, SUIT, OR PROCEEDING RELATING TO THESE TERMS OF SERVICE.
Subject to the limitation of liability contained herein, reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms of Service.