Welcome to FinchBooks. These Terms explain the rules for using our accounting, invoicing and payment services, what you can expect from us, and what we expect from you. They include an agreement to resolve disputes through individual arbitration (Section 19), which limits how disputes may be brought.
1. Acceptance of These Terms
These Terms of Service (the “Terms”) form a legally binding agreement between you and Finch Tech LLC, a Wyoming limited liability company, together with its Affiliates (collectively, “Finch Tech LLC,” “we,” “us” or “our”). They govern your access to and use of the Services.
By creating an account, clicking to accept, or accessing or using any part of the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
If you use the Services on behalf of a business or other entity, you represent that you are authorized to bind that entity, and “you” refers to both you and that entity. Additional terms presented for a particular feature, offer or program (“Supplemental Terms”) form part of these Terms; if they conflict with these Terms, the Supplemental Terms control for that feature.
2. Definitions
(a)Affiliate. Any entity that directly or indirectly controls, is controlled by, or is under common control with Finch Tech LLC, where “control” means ownership of more than fifty percent of the voting interests or the power to direct management.
(b)Services. The FinchBooks website at finchbooks.com, the FinchBooks web and mobile applications, and all related software, features, content, communications and support that we or our Affiliates make available, including on any affiliated website or co-branded site that links to these Terms.
(c)Customer Data. Information and materials that you or your Authorized Users submit to the Services, including business records, invoices, transactions, receipts, documents and information about your own customers and vendors.
(d)Authorized User. Any person you invite to or permit to access your account, including employees, contractors, bookkeepers and accountants.
(e)Third-Party Services. Products, services, networks and data provided by anyone other than us, including banks, data aggregators, payment processors, card networks, identity verification providers and artificial intelligence model providers.
3. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for business and professional record-keeping by persons located in the United States. You may not use the Services if you are barred from doing so under applicable law, if we have previously suspended or terminated your access, or if you are located in, or a resident of, a country or region subject to comprehensive U.S. sanctions.
4. Accounts, Authorized Users and Security
(a)Registration. You agree to provide accurate, current and complete information when you register and to keep it updated. We may refuse registration, or require additional verification, at our discretion.
(b)Security. You are responsible for safeguarding your credentials and any two-step verification methods, and for all activity that occurs under your account, whether or not you authorized it. Notify us promptly at support@finchbooks.com if you suspect unauthorized access. We are not liable for any loss arising from your failure to protect your account.
(c)Authorized Users. You control who may access your account and what each Authorized User may do. You are responsible for your Authorized Users' compliance with these Terms and for their acts and omissions as if they were your own. Permissions you grant to an accountant or other outside professional remain in effect until you revoke them.
5. The Services and Changes to Them
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services for your internal business purposes during your subscription.
We continually develop the Services and may add, modify, suspend or discontinue any feature, plan, limit or integration at any time. Where a change materially reduces the core functionality of a paid plan you have already paid for, we will provide reasonable advance notice when practicable. Features identified as beta, preview, early access or similar are provided as is, may be changed or withdrawn without notice, and are excluded from any commitment we make about the Services.
6. Fees, Billing and Renewal
(a)Fees. You agree to pay all fees for the plan, add-ons and transaction services you select, as described on our pricing page or in your account at the time of purchase. Certain plans or features may be offered free of charge; we may introduce fees for, limit, or discontinue any free offering at our discretion.
(b)Automatic renewal. Paid subscriptions renew automatically at the end of each billing period for the same period at the then-current price unless you cancel before the renewal date. By providing a payment method, you authorize us and our payment processors to charge it for all fees when due, without further notice, including on each renewal.
(c)Cancellation. You may cancel a subscription at any time from your account. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until then.
(d)No refunds. Except where required by law or expressly stated otherwise, all fees are non-refundable, including for partial billing periods, unused features, and periods in which your account was open but not used.
(e)Price changes. We may change our prices. Price increases for an existing paid subscription take effect at your next renewal following at least 30 days' notice. Your continued use after the change takes effect constitutes acceptance of the new price.
(f)Taxes. Fees exclude taxes. You are responsible for all sales, use, value-added and similar taxes associated with your purchase, other than taxes on our net income.
(g)Late or failed payment. If a payment fails or is overdue, we may retry the charge, suspend paid features, downgrade your plan or suspend your account until all amounts are paid, and you remain responsible for any reasonable costs of collection.
7. Payment Processing Services
The Services may let you accept card, bank and other payments from your customers (“Payment Services”). Payment Services are provided by third-party payment processors and financial institutions, and your use of them is also subject to their agreements, which you must accept before you can receive payments.
(a)Verification and underwriting. You authorize us and our processors to verify your identity and your business, and to obtain information about you and your business from third parties, including consumer and business credit reports, now and periodically while you use Payment Services. We may decline, limit or condition your access to Payment Services at our discretion.
(b)Risk controls. To manage risk of fraud, loss or non-compliance, we or our processors may delay or hold payouts, establish or increase a reserve, limit transaction amounts or volumes, require additional security, refund payments, or suspend or terminate Payment Services, with or without prior notice where permitted by law.
(c)Your liability. You are solely responsible for the goods and services you sell, for refunds, disputes, chargebacks, reversals, returned bank payments, fines and assessments relating to payments you accept, and for all applicable fees. You authorize us and our processors to recover any amount you owe by deducting it from your payouts or reserve, or by debiting any bank account or payment method on file.
(d)Compliance. You agree to comply with all laws and card network, payment network and processor rules that apply to your business, and not to accept payments for prohibited or restricted goods or services.
8. Bank Connections and Third-Party Services
The Services may connect to Third-Party Services, including bank and card accounts through data aggregation providers. When you connect an account, you authorize us and our providers to access, retrieve and store your account information and transactions on your behalf, and you represent that you have the right to do so.
Third-Party Services are not under our control. We do not endorse them and are not responsible for their availability, accuracy, security, fees or practices, or for any data they provide or fail to provide. Your relationship with a Third-Party Service is governed by its own terms. We may stop supporting any Third-Party Service at any time.
9. Artificial Intelligence Features
The Services include features powered by artificial intelligence that can categorize transactions, read documents, draft content, answer questions and propose changes to your records (“AI Features”). AI Features rely on third-party model providers, and we may change providers or models at any time.
Output generated by AI Features may be inaccurate, incomplete or inappropriate for your circumstances. You are responsible for reviewing all output and any proposed change before you accept or rely on it, and for any change you or your Authorized Users accept or allow to be applied automatically. AI output is not accounting, tax, legal, financial or investment advice. Usage limits apply and may change.
10. Your Data
(a)Ownership. As between you and us, you retain ownership of your Customer Data.
(b)License to us. You grant us and our Affiliates a worldwide, royalty-free, non-exclusive license to host, copy, store, transmit, process, display, modify and create derivative works of your Customer Data as needed to provide, maintain, secure and improve the Services, to develop new products and features, to comply with law, and as otherwise described in our Privacy Policy. This license extends to our service providers and subprocessors acting on our behalf.
(c)Aggregated and de-identified data. We may create aggregated, de-identified or anonymized data from Customer Data and from your use of the Services, and we may use and disclose such data for any lawful purpose, including analytics, benchmarking, research, product development and training and improving AI Features, during and after the term of these Terms.
(d)Your responsibilities. You represent that you have all rights, consents and notices needed to submit Customer Data, including information about your customers, vendors and employees, and to allow us to process it as described in these Terms. You are responsible for the accuracy and legality of Customer Data and for maintaining your own copies of records you are required to keep.
(e)Export. While your account is active you may export your Customer Data using the tools in the Services.
11. Acceptable Use
You agree not to, and not to permit anyone else to:
- use the Services in violation of any law or regulation, or to facilitate fraud or money laundering;
- submit content that infringes others' rights or that is unlawful, deceptive or harmful;
- send spam or unsolicited communications through the Services;
- access or attempt to access accounts, data or systems without authorization, or probe, scan or test the vulnerability of the Services;
- copy, modify, reverse engineer, decompile or create derivative works of the Services, except as permitted by law;
- use automated means to access the Services or extract data, other than through features or interfaces we provide for that purpose;
- interfere with or disrupt the integrity, performance or security of the Services;
- resell, sublicense or provide the Services to third parties except as we expressly permit; or
- use the Services to build a competing product or to benchmark them for publication without our consent.
We may investigate suspected violations and take any action we consider appropriate.
12. No Professional Advice; Your Records
FinchBooks is software. Finch Tech LLC is not an accounting firm, tax preparer, bank, money transmitter, law firm or financial adviser, and the Services do not provide professional advice. Reports, categories, calculations, tax estimates and other information in the Services are provided for convenience only. You are solely responsible for your books and records, your tax filings and payments, your compliance obligations, and decisions you make using the Services, and you should consult qualified professionals where appropriate.
13. Intellectual Property and Feedback
The Services, including all software, designs, text, graphics, logos and trademarks, and all improvements to them, are owned by Finch Tech LLC or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you, by implication or otherwise.
If you send us suggestions, ideas or other feedback, we may use them for any purpose without restriction or compensation to you.
14. Electronic Communications
You consent to receive communications from us electronically, including by email, in-app messages and notices posted in the Services, and agree that such communications satisfy any legal requirement that they be in writing. We may send you service, security, billing and legal notices that you cannot opt out of while you have an account. We may also send you marketing communications about our and our Affiliates' products, from which you may unsubscribe at any time.
15. Suspension and Termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access to all or part of the Services, with or without notice, if we believe you have violated these Terms or any Supplemental Terms, if your use creates risk or possible legal exposure for us or others, if required by law or a Third-Party Service, or if we discontinue the Services.
On termination, your right to use the Services ends immediately and any amounts owed become due. We will make your Customer Data available for export for 30 days after termination, unless termination resulted from your breach or the law prevents it, after which we may delete it, subject to our retention practices described in the Privacy Policy. Provisions that by their nature should survive termination will survive, including those concerning fees owed, data licenses, disclaimers, limitations of liability, indemnification and dispute resolution.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING AI FEATURES, PAYMENT SERVICES AND ALL CONTENT AND OUTPUT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. FINCH TECH LLC AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS, OR THAT ANY CALCULATION, CATEGORIZATION OR REPORT WILL BE CORRECT.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FINCH TECH LLC OR ITS AFFILIATES, OR THEIR OFFICERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, COST OF SUBSTITUTE SERVICES, TAX PENALTIES OR INTEREST, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE SUBSCRIPTION FEES YOU PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). PROCESSING FEES PASSED THROUGH TO THIRD PARTIES ARE NOT FEES PAID TO US FOR THIS PURPOSE.
These limitations apply even if a remedy fails of its essential purpose and form an essential basis of the bargain between you and us. Some jurisdictions do not allow certain exclusions or limitations, so some of them may not apply to you.
18. Indemnification
You will defend, indemnify and hold harmless Finch Tech LLC, its Affiliates and their officers, members, employees and agents from and against all claims, losses, liabilities, damages, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your or your Authorized Users' use of the Services; (b) your Customer Data; (c) goods or services you sell and payments you accept; (d) your violation of these Terms, any Supplemental Terms or applicable law; or (e) your violation of any third party's rights. We may assume the exclusive defense of any matter subject to indemnification, and you will cooperate with our defense.
19. Dispute Resolution and Binding Arbitration
Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court and to have a jury trial.
(a)Informal resolution. Before starting arbitration, you and we each agree to try to resolve any dispute informally by sending a written notice describing the claim and the relief sought. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. Notices to us must be sent to the address in the Contact section, with a copy to support@finchbooks.com.
(b)Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to these Terms or the Services, including their formation, interpretation, enforceability or scope, will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules). The arbitration will be conducted by a single arbitrator, by video conference or written submissions where possible, or otherwise in Sheridan County, Wyoming. Judgment on the award may be entered in any court of competent jurisdiction. This agreement is governed by the Federal Arbitration Act.
(c)Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized use of the Services.
(d)Class action waiver. You and we agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this waiver is found unenforceable as to any claim, that claim must be severed and heard in court, not in arbitration.
(e)Jury waiver. To the extent any claim proceeds in court, you and we each waive any right to a jury trial.
(f)Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law.
(g)Opt-out. You may opt out of this agreement to arbitrate by emailing support@finchbooks.com within 30 days after you first accept these Terms, stating your name, account email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
20. Governing Law and Venue
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws rules, and, where applicable, the federal laws of the United States. Subject to the agreement to arbitrate, the state and federal courts located in Sheridan County, Wyoming, have exclusive jurisdiction over any dispute, and you and we consent to personal jurisdiction and venue there.
21. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, notify you through the Services or by email or ask you to accept the updated Terms. Changes take effect on the date stated. Your continued use of the Services after that date constitutes your acceptance of the updated Terms. If you do not agree to a change, you must stop using the Services.
22. Export Controls and Sanctions
You will comply with all applicable export control and sanctions laws. You represent that you are not on, or owned or controlled by anyone on, any U.S. government list of prohibited or restricted parties, and that you will not use or allow use of the Services in any embargoed country or region or for any prohibited end use.
23. General Terms
(a)Entire agreement. These Terms, the Privacy Policy and any Supplemental Terms are the entire agreement between you and us about the Services and supersede all prior agreements and understandings on that subject.
(b)Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, without notice or consent, to an Affiliate or in connection with a merger, acquisition, reorganization or sale of assets.
(c)Force majeure. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including outages of Third-Party Services, internet or utility failures, natural disasters, labor disputes, acts of government, war, terrorism or cyberattacks.
(d)Severability and waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of it.
(e)Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship, and there are no third-party beneficiaries of these Terms except our Affiliates.
(f)Interpretation. Headings are for convenience only. “Including” means “including without limitation.”
24. Contact
Questions about these Terms, and legal notices, may be sent to Finch Tech LLC at the address below or to support@finchbooks.com.