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Terms of Service & Privacy Policy

The agreement that governs KikoBooks, Accountant.World, and related services from Accountant Inc.

This document constitutes the Terms of Service and Privacy Policy for Accountant Inc., governing the use of our web and mobile software services, accessible at www.accountant.world, www.kikobooks.com, www.cpa.education, or any related websites. By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree, you must not use the Services.

1. Introduction

This Terms of Service Agreement (“Agreement”) is a legal agreement between You and Accountant Inc. and governs your use of the Accountant Inc. services, web and mobile applications. Each party represents and warrants that the person signing below on its behalf is a representative or agent of the company and has the authority to bind the company to the terms and conditions of this Agreement. For purposes of this Agreement, the term “You” means such company and all of its directors, subsidiaries, managers, officers, employees, and agents. Accountant Inc. is willing to provide access to the Accountant Inc. Service and related documentation only on the condition that You accept all terms and conditions set forth in this Agreement. By agreeing to this digital Agreement, you acknowledge that You have read this Agreement, understand it, and agree to be bound by it.

2. Definitions

Accountant Inc. Service, Services, Apps, or Applications: The web/mobile software as a service delivered by Accountant Inc. to You using the Accountant Inc. System.
Accountant Inc. System: The technology, including the hardware and software, used by Accountant Inc. to deliver the Accountant Inc. Service to You in accordance with this Agreement.
Content: All content located on or contained in the Accountant Inc. web/mobile sites or any other websites owned or controlled by Accountant Inc.
Data: All data, materials, or information provided by You, Your Users, employees, or any third party on Your behalf in connection with Your use of the Accountant Inc. Service.
Documentation: The online materials, specifications, or forms provided by Accountant Inc. that describe the features, functionality, or operation of the Accountant Inc. Service and/or Accountant Inc. Systems.
Password: The unique password assigned to each User for access to the Accountant Inc. Services and the Accountant Inc. Systems.
Users: You and/or Your employees, representatives, consultants, contractors, or agents who are authorized to use the Accountant Inc. Service on Your behalf pursuant to Your acceptance of this Agreement and Your payment of the appropriate license fees covering each User’s access.

3. Grant of License

During the Term of this Agreement and subject to the terms of this Agreement, Accountant Inc. hereby grants to You (and any authorized Users) a non-sublicensable, non-transferable, non-exclusive right and license to access and use Accountant Inc. Services, in accordance with the Documentation and solely for Your internal business operations.

4. Your Use of the Accountant Inc. Services

4.1 Access and Security Guidelines: You will choose or be provided with Passwords for each of its licensed User(s) on the Accountant Inc. system. You will be responsible for ensuring the security and confidentiality of its Passwords. Each Password may be assigned to and used by only one individual User. You will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Accountant Inc. Service, and will notify Accountant Inc. promptly of any such unauthorized use. You shall not knowingly interfere with or disrupt the integrity or performance of Accountant Inc. Service, or the data contained therein. You shall, at all times, comply with all applicable laws in its use of Accountant Inc. Service.
4.2 Your Data: You are solely responsible for its Data and shall not knowingly provide, post, or transmit any Data or any other information, data, or material that: (a) infringes or violates any intellectual property rights, publicity/privacy rights, law, or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information. Accountant Inc. may take remedial action if Your Data violates this Section; however, Accountant Inc. has no obligation to review Your Data for accuracy or potential liability.
4.3 Restrictions on Use:
- (a) You are responsible for all activities that occur under its user accounts. You will not, and will not attempt to (directly or indirectly): (a) reverse engineer, disassemble, or decompile any component of the Accountant Inc. Systems or Accountant Inc. Services or otherwise attempt to discover any source code, underlying ideas, or algorithms contained in the Accountant Inc. System or Accountant Inc. Service; (b) interfere in any manner with the operation of the Accountant Inc. Service or the Accountant Inc. System; (c) allow a third party to access the Accountant Inc. Service or Accountant Inc. System using Your User Accounts; (d) distribute, sell, resell, sublicense, assign, or otherwise transfer to a third party any of its rights under this Agreement; (e) use the Accountant Inc. Service or Accountant Inc. System for the benefit of a third party, for time sharing, or to operate a service bureau; (f) copy, modify, translate, or make derivative works based on any part of the Accountant Inc. System, Accountant Inc. Service, or Documentation; (g) create Internet “links” to or from the Accountant Inc. Service or Accountant Inc. System, or “frame” or “mirror” any of Accountant Inc. content which forms part of the Accountant Inc. Service (other than on Your own internal intranets); (h) remove, cover, alter, or obfuscate any logos, trademarks, internet links, confidentiality, or proprietary rights notices, or any other notices or markings placed on or displayed by the Accountant Inc. System, Accountant Inc. Service, or the Documentation; (i) publish or disclose to third parties the results of any evaluation or benchmark test run on the Accountant Inc. System or Accountant Inc. Service without Accountant Inc.’s prior written consent; or otherwise use the Accountant Inc. Service or Accountant Inc. System in any manner that exceeds the scope of use permitted under this Agreement.
- (b) You shall not, and shall not allow any Users to: (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation, or vulnerability scan on the Accountant Inc. Service or Accountant Inc. System without Accountant Inc.’s prior written consent, or (ii) use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as “Robots”) in conjunction with the Accountant Inc. Service or Accountant Inc. System.
- (c) You may not use the Accountant Inc. Service or Accountant Inc. System for spamming, chain letters, junk mail, or distribution lists to contact any person who has not given specific permission to be included in such a list. You agree not to transmit, or permit Users to transmit, through the Accountant Inc. Service or Accountant Inc. System, any unlawful, harassing, libelous, abusive, threatening, vulgar, obscene, or otherwise objectionable material of any kind. You agree to only use the Accountant Inc. Service and Accountant Inc. System for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity, and defamation laws. Unlawful activities may include, but are not limited to, storing, distributing, or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm.
4.4 System Availability: Accountant Inc. does not guarantee that the Service will be uninterrupted, timely, or error-free. Accountant Inc. has established internal system availability targets of better uptime.
4.5 Enhancement Requests: All ideas submitted by enhancement requests are owned by Accountant Inc., unless otherwise mentioned, everything submitted to our platform is owned by Accountant Inc., that includes knowledge share, etc.

5. Ownership

5.1 Accountant Inc. Technology: You acknowledge and agree that Accountant Inc. or its suppliers retain all right, title, and interest in and to (i) the Accountant Inc. System, Accountant Inc. Service, Documentation, and all other software, materials, formats, interfaces, information, content, and proprietary information and technology used by Accountant Inc. or provided to You in connection with the Accountant Inc. Service; (ii) all modifications and/or enhancements to the Accountant Inc. System or Accountant Inc. Service; (iii) the System Content; (iv) all suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by You or learned as a result of Your use of the Accountant Inc. Service; (v) all transactional and performance data related to the use of the Accountant Inc. System and the Accountant Inc. Service which Accountant Inc. may collect, use, and disclose for its business purposes (including for purposes of software use optimization and product marketing) provided that such use does not reveal Your or any User’s identity, any of Your Confidential Information, or any other personally identifiable information that belongs to You; (vi) all custom developed documents, designs, computer programs, computer documentation, and other tangible materials created or prepared by Accountant Inc. at Your request pursuant to a separate, written statement of work; and (vii) the Accountant Inc. logo, and the product and service names associated with the Accountant Inc. Service or otherwise contained on the Accountant Inc. website, all of which are trademarks of Accountant Inc. (all of the foregoing being referred to herein collectively as, the “Accountant Inc. Technology”). You acknowledge and agree that Accountant Inc. Technology consists of intellectual property rights owned by or licensed to Accountant Inc., all of which are protected by intellectual property laws.
5.2 Your Data: You retain all right, title, and interest in and to your Data. You grant to Accountant Inc. all necessary licenses in and to such Data solely as necessary for Accountant Inc. to provide the Accountant Inc. Service to You or as required by law. You will be solely responsible for providing all Data required for the proper operation of the Accountant Inc. Service. Except as described in Section 5.1 above, Accountant Inc. will not knowingly use or access any of Your Data unless authorized to do so by You and, in such circumstances, Accountant Inc. will access and use Your Data only as required to perform services on Your behalf. On occasion, Accountant Inc. may query data across all customers in aggregate to derive average spend amounts and metrics for benchmark reporting purposes. In all such cases, Accountant Inc. will anonymize Your Data and in no event will Your Data be identifiable. When such benchmarking reports are derived, you will receive access to this data for its internal use.

6. Term and Termination

6.1 Term: This Agreement will commence upon execution of this Agreement and will continue in effect in perpetuity unless and until terminated with thirty (30) days’ advance written notice to the non-terminating party, or otherwise pursuant to these terms (the “Term”).
6.2 Termination: Either party may terminate this Agreement and Your subscription to the Accountant Inc. Service at any time and for any reason or no reason at all, in accordance with this Section 6.2 and/or Section 6.1; provided that if Your subscription is for a fixed period of time and You terminate the Accountant Inc. Service without cause, you will be responsible for the payment of the fee for the full Term. You may terminate this Agreement and its subscription by providing written notice to Accountant Inc. Sorry, we do not offer refunds on monthly or yearly subscription. If it is a monthly subscription, the billing admin can change the subscription before the 1st of the month which is a default renewal date.
6.3 Obligations After Termination: Upon termination of this Agreement for any reason: (a) any amounts owed to Accountant Inc. under this Agreement before such termination will become immediately due and payable; and (b) each party will return to the other, or destroy, all Confidential Information and other property of the other party in its possession or control. Accountant Inc. agrees that upon any termination of this Agreement, Accountant Inc. will allow You to access, without the right to modify, enhance, or add to, Your Data for ninety (90) days after termination. Any such termination shall not limit any other rights or remedies which Accountant Inc. may hold, all of which are hereby reserved.

7. Payment

7.1: You shall pay all invoices from Accountant Inc. within 5 days from the date of Invoice. You shall pay all fees or charges to its account in accordance with the fees, charges, and billing terms as defined in this Agreement. Except as otherwise specifically provided in this Agreement, all payment obligations are non-cancelable, and all amounts paid are nonrefundable. You may add Accountant Inc. Services by executing an additional written Sales Order Form. All pricing terms are confidential, and You agree not to disclose them to any third party.
7.2: Accountant Inc. charges and collects in advance for the total Accountant Inc. cost for a subscription to the Accountant Inc. Service, as detailed in this Agreement. Accountant Inc. will invoice You for its monthly or annual service charges. Fees for other services will be charged on an as-quoted basis. If You received a free month for subscribing to the Service for a fixed term, the free month shall be the last month of the term. Accountant Inc. collects Sales tax for all locations within the United States that require such tax based upon State and Local Sales tax laws. Outside of the United States, Accountant Inc.’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and to the extent not exempt, you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Accountant Inc.’s income. You agree to provide Accountant Inc. with complete and accurate billing and contact information.
7.3: In addition to any other rights Accountant Inc. may have, Accountant Inc. reserves the right to suspend or terminate this Agreement and Your access to the Accountant Inc. Service if payment for undisputed fees is not paid to Accountant Inc. within the time periods provided for herein. If You or Accountant Inc. initiates termination of this Agreement, you will be obligated to pay the balance due on its account. You agree and acknowledge that Accountant Inc. has no obligation to retain Your Data and that such Data may be irretrievably deleted if Your account is thirty (30) days or more delinquent.
7.4: The Accountant Inc. Pricing is available on the website or within the application.

8. Accountant Inc. Rules for Advisors/Accountants/Businesses

Keep things positive.
Make your posts informative by giving "tips" and including links.
Always include images and your logo.
Always respond to posts.
All of your posts need to be engaging.
You should be posting at least five times a week.
Get feedback from your network.
Be safe; We require every member to be civil and respectful as they engage on our platform.
Be trustworthy; Do not share false or misleading content.
Be professional; Do not share junk mail, spam, chain letters, phishing schemes, or any other scams.
Respect others’ rights and follow the law.
Accountant Inc. can distribute your content, annotate your content, and sell advertising on pages where your content appears. Accountant Inc. can use multiple websites like www.accountant.world, www.kikobooks.com, www.cpa.education, etc., to promote your content, services.
Expect that your articles will be publicly available and can be shared.
Please don't publish anything you don't have permission to share. This includes other people's articles, things that you've found on the Internet, or content that belongs to your employer but not you. Most content on the Internet belongs to someone, and unless you have clear permission from the owner to share it, you shouldn't include it in your articles.
Accountant Inc. may restrict, suspend, or terminate your account and/or disable your articles for any violation of the User Agreement.
Tell us if you see something unsafe, untrustworthy, or unprofessional.
We will communicate with you via email or the services user interface. It is your responsibility to keep your services account e-mail address up-to-date so that you are able to receive electronic communications from us.

9. Warranty; Disclaimer of Warranties; Limitation of Liability

9.1 Accountant Inc. Warranty: Accountant Inc. warrants that Accountant Inc. Service will perform substantially in accordance with the Documentation during the Term of this Agreement (the “Limited Warranty”). In the event of a breach of the Limited Warranty, Accountant Inc.’s entire liability and Your exclusive remedy shall be, at Accountant Inc.’s option, either (a) correction of the Accountant Inc. Service so that it performs substantially in accordance with the Documentation, or (b) return to You the Fees actually paid by it for the prior twelve (12) months immediately preceding Your written notice to Accountant Inc. specifying the breach of the Limited Warranty in detail, and cancellation of its subscription and this Agreement.
9.2 Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1 ABOVE, THE ACCOUNTANT INC. SERVICE, THE ACCOUNTANT INC. SYSTEM, AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION PROVIDED OR MADE AVAILABLE BY ACCOUNTANT INC. IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ACCOUNTANT INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ACCOUNTANT INC. DOES NOT WARRANT THAT ACCOUNTANT INC. SERVICE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACCOUNTANT INC. SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE ACCOUNTANT INC. SERVICE.
9.3 Limitation of Liability: EXCEPT AS PROVIDED FOR HEREIN TO THE CONTRARY, EITHER PARTY’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, THE ACCOUNTANT INC. SYSTEM, OR THE SERVICE UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE), WILL BE STRICTLY LIMITED TO THE FEES ACTUALLY PAID BY YOU TO ACCOUNTANT INC. FOR THE ACCOUNTANT INC. SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. ALL CLAIMS BY EITHER PARTY WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. EXCEPT AS PROVIDED FOR HEREIN TO THE CONTRARY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, CLAIMS SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST OR INACCURATE DATA, OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, OR LOSS OF USE OF ANY INFORMATION OR DATA OF THE ACCOUNTANT INC. SYSTEM OR ACCOUNTANT INC. SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATIONS ON AMOUNT AND/OR TYPES OF DAMAGES SHALL NOT APPLY TO CAUSES OF ACTION OR DAMAGES CAUSED OR CREATED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EITHER PARTY, OR, THE LOSS OR MISUSE OF CONFIDENTIAL INFORMATION BY EITHER PARTY OR, BREACH OF ACCOUNTANT INC.’S INDEMNITY OBLIGATIONS UNDER SECTION. You may only resolve disputes related to or arising from the Services with the Accountant Inc. Entities on an individual basis and will not bring a claim in a class, consolidated, or representative action.

10. Indemnity

10.1 Indemnity by Accountant Inc.: Accountant Inc. will defend, indemnify, and hold You harmless from all claims, losses, demands, liabilities, damages, or judgments awarded by a court of appropriate and final jurisdiction, or any settlements, including all reasonable costs and expenses related thereto (including reasonable attorneys’ fees), arising out of (i) any third party claims that the Accountant Inc. Service or the Accountant Inc. System infringes or misappropriates any presently existing United States patent, copyright, trademark, or trade secret held by such third party; (ii) a breach by Accountant Inc. of any of its obligations, representations, warranties, or covenants contained in this Agreement; provided that and so long as: (a) You use the Accountant Inc. Service and the Accountant Inc. System in accordance with the Documentation; (b) You have adhered to its obligations under this Agreement; and (c) You promptly notify Accountant Inc. in writing of any such claim, suit, or proceeding and permit Accountant Inc. to control the defense or settlement thereof and cooperate in the defense or settlement thereof.
10.2: Accountant Inc. will have the option, at its expense, to employ counsel of its choosing to defend against such claim and to compromise, settle, or otherwise dispose of the claim; provided, however, that no compromise or settlement of any claim admitting liability of or imposing any obligations upon You may be affected without Your prior written consent. You shall have the option to be represented by counsel at Your own expense.
10.3: You, at Accountant Inc.’s expense, shall cooperate fully in such actions, making available employees, books, and records reasonably necessary for the defense of such claim. If Accountant Inc. refuses to defend or does not make known to You Accountant Inc.’s willingness to defend against such claim within thirty (30) days after it receives notice thereof, then You shall be free to investigate, defend, compromise, settle, or otherwise dispose of such claim in Your best interest and incur other costs in connection therewith, all at the expense of Accountant Inc.
10.4: Should You be permanently enjoined by a court of competent jurisdiction from continued use of the Accountant Inc. Service because it infringes or misappropriates a third party’s presently existing United States copyright, patent, trademark, or trade secret, Accountant Inc. will (at Accountant Inc.’s discretion): (i) obtain the appropriate licenses for You to continue to use the Accountant Inc. Service; (ii) provide You with a non-infringing service equivalent to the Accountant Inc. Service in terms of functionality and performance; or (iii) terminate this Agreement and refund to You the amount of the Fees actually paid by You for the prior two (2) months of access to the Accountant Inc. Service.
10.5: Accountant Inc. will have no obligation under this Section 10.1 with respect to any claim of infringement or misappropriation of a third party’s proprietary rights to the extent such claim arises as a direct or indirect result of (a) any use of the Accountant Inc. Service or Accountant Inc. System in a manner other than as authorized in this Agreement; (b) any use of the Accountant Inc. Service or Accountant Inc. System in combination with other products, equipment, devices, software, systems, or data not supplied by Accountant Inc. to the extent such claim is directed against such combination; or (c) any alteration, modification, or customization of the Accountant Inc. Service or Accountant Inc. System made by any party other than Accountant Inc. if such infringement or misappropriation would not have occurred without such alteration, modification, or customization. THIS SECTION 10.1 SETS FORTH THE ENTIRE OBLIGATION OF ACCOUNTANT INC. AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION.
10.6 Indemnity by You: You shall indemnify, defend, and hold Accountant Inc. harmless from all claims, losses, demands, liabilities, judgments, or damages awarded by a court of appropriate and final jurisdiction, including all reasonable costs and expenses related thereto (including reasonable attorneys’ fees) arising from or relating to (a) use of the Accountant Inc. Service or Accountant Inc. System (including claims by any of Your customers or business partners) by You or any third party using a Password assigned to You; (b) a breach by You of any of Your obligations, representations, warranties, or covenants contained in this Agreement; or (c) any claim alleging that Your Data, or the use of Your Data pursuant to this Agreement, infringes, misappropriates, or violates the intellectual property or any other rights of a third party or otherwise causes harm to a third party.

11. Confidentiality

11.1 Confidential Information: During the Term of this Agreement, each party will have access to certain information and materials concerning the other party’s technology, business plans, employees, and customers that are confidential and of substantial value to such party, which value would be impaired if such information were disclosed to third parties (“Confidential Information”). Confidential Information of Accountant Inc. shall include, without limitation, information specifically designated as confidential, the features and functions of the Accountant Inc. Service and Accountant Inc. System that are not available to the general public (including screenshots of the same), future product plans, the Documentation, performance and security test results (whether conducted by Accountant Inc. or You), and any other proprietary, financial, or business information supplied to You by Accountant Inc. or learned by You in connection with this Agreement or Your subscription to the Accountant Inc. Service. Your Confidential Information shall include, without limitation, Your Data, Your Personal Information, information specifically designated as confidential, business plans, and any other proprietary, financial, or business information supplied by You to Accountant Inc. or learned by Accountant Inc. in connection with this Agreement or Your subscription to the Accountant Inc. Service. Except as otherwise expressly authorized under this Agreement, the receiving party hereunder: (i) shall not use any Confidential Information of the other party except as required to fulfill its responsibilities hereunder; (ii) shall not disclose the other party’s Confidential Information to any third party; (iii) shall not be given any right, title, interest, or license in or to any Confidential Information of the other party; and (iv) shall use all reasonable means to protect and maintain the secrecy of the other party’s Confidential Information. Notwithstanding the foregoing, “Confidential Information” shall not include either party’s information which is: (a) generally available to the public; (b) already in the receiving party’s possession as of the commencement of this Agreement without restriction; (c) except as it relates to third party service providers of You, received by the receiving party from a third party not in violation of an obligation of confidentiality; (d) developed independently by either party without reference to the other party’s Confidential Information; (e) the subject of the disclosing party’s written consent authorizing disclosure; or (f) required to be disclosed by the receiving party by applicable law or legal process, provided that the receiving party immediately notifies the disclosing party so that the disclosing party may take steps to limit or prevent its disclosure. In the event of a breach of this Section, the parties agree that the non-breaching party will suffer irreparable harm and the total amount of monetary damages for any injury to the non-breaching party will be impossible to calculate and would therefore be an inadequate remedy. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary, preliminary, and permanent injunctive relief against the breaching party, its officers, managers, directors, employees, and agents, in addition to such other rights and remedies to which it may be entitled at law or in equity.

12. Miscellaneous

12.1 Notification of Changes: Accountant Inc. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Accountant Inc. Service at any time, effective upon posting of an updated version of this Agreement or the applicable policy on the Accountant Inc. website or Accountant Inc. Service. You are responsible for regularly reviewing this Agreement and any applicable policies. Continued use of the Accountant Inc. Service after any such changes will constitute Your consent to such changes. If there are any changes in how Accountant Inc. uses Your personally identifiable information, it will notify You by email.
12.2 Force Majeure: Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, acts of God or of the public enemy, domestic or foreign governmental acts, labor, fire, flood, epidemic, strikes, and/or freight embargoes.
12.3 General: This Agreement is governed by the laws of the State of Oregon, USA, without reference to its conflicts of laws principles. This Agreement sets forth the entire understanding and agreement between the parties and supersedes any prior or contemporaneous discussions, understandings, orders, requests, or statements regarding the subject matter hereof, except for any additional payment terms which may be contained on a related Sales Order Form. No provision of this Agreement shall be modified, supplemented, or waived without the express written authorization of both parties. Either party may assign not less than all of its rights and obligations under this Agreement in connection with a change of control to such party’s successor. This Agreement shall be binding upon and inure to the benefit of Accountant Inc.’s and Your successors and permitted assigns. You agree that Accountant Inc. is providing these Services as an independent contractor and nothing herein shall be deemed to constitute a partnership, joint venture, or other business collaboration. In the event of a dispute between Accountant Inc. and You where the parties are unable to reach a mutually agreeable resolution, the dispute shall be submitted to a court of competent jurisdiction in order to protect its rights and interests. Payment of expenses, including attorneys’ fees, shall be assessed by the court based on the extent to which each party prevails. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of either party to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by that party in writing.
12.4 Survival: Sections 1, 3, 4, 5, 7.2, 7.3, 9, and 10 of this Agreement and all of Your payment obligations under this Agreement shall survive the termination or expiration of this Agreement for any reason.

13. Privacy Policy

13.1 Who We Are

This Privacy Notice applies to all products, applications, and services offered by Accountant Inc., a company incorporated in Oregon, USA, with registration number 99-4956290 and whose registered office is in Portland, Oregon, USA.

13.2 Sharing Data

We may share personal information with agents, affiliates, partners, or other third parties that perform functions on our behalf, such as analytics, credit card processing, etc. These entities have access to the personal information needed to perform their functions and are obligated to maintain the confidentiality and security of that personal information. Service providers are not authorized to use the information we share with them for any purpose other than providing services to us or to you.

Required by Law: We may disclose information as required by law, such as in response to a subpoena, a lawful request by a public authority, including to meet national security or law enforcement requirements, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a legal request.

13.2.1 Third Parties

Connected Apps: At your discretion, you can allow 3rd party connections (we call them Connected Apps) to consume your Accountant Inc. data for additional processing into your accounting software or extra cloud storage.
Bank Transactions: At your discretion, you can enable Bank Transaction feeds into Accountant Inc., from your selected institution. Accountant Inc. does not store your bank login credentials.

13.2.2 Categories of Information That We Collect

Identifying Information: This category includes information such as name, address, telephone number, email address, banking information, credit card and debit card number, social security number, Federal Tax Identification number, account numbers, user name, Internet Protocol address (“IP address”), and other online identifiers.
Commercial Information: This category includes information such as legal entity name, business entity or filing, registered agent, officers, directors, managers, or members of an entity, communications contact, other business-related information, services purchased, and other purchasing or consuming histories or tendencies.
Internet Information: This category includes information such as your internet browser, browsing history on our website, search history on our website, information about the device you are using to access our website, and information regarding your interaction with our website or advertisements. We may also collect information about visitors to our website such as browser settings, operating systems, referring/exit pages, and clickstream data.
Audio Information: If you interact with our customer service personnel, we may record the phone call or retain the email string for quality assurance purposes.

13.2.3 How We Use Your Information

Provide Services to You: We collect information to send you email or postal mail, perform tasks required to complete a purchase transaction, provide customer support, or provide other types of customer relationship management and fulfillment. We may also use your information to optimize or improve our Services and operations, for example, training and quality assurance.
Fulfilling Legal and Compliance Obligations: We collect information in order to fulfill our legal obligations. Examples of this may include satisfying regulatory screening requirements in connection with entity formations, responding to subpoenas and other legal requests for information, and maintaining records as required in our role as Registered Agent. We may also collect information for the purpose of detecting fraud or other suspicious activity.
Analytics: We collect information for use in performing various types of analytics. For example, we use information to analyze how visitors interact with our website, where visitors to our website arrive from and exit to, pages visited, links clicked, text entered, and mouse movements to understand site usage, to detect fraud and potential threats, and improve our services.

13.3 Storing Data

Accountant Inc. only stores the data it needs to function properly. Cloud Storage: Accountant Inc. provides subscribers with an unlimited cloud service for storage of financial documents in the form of photos, PDFs, and metadata. This allows you to access your data from any of your devices anytime and use our instant server search to quickly access your documents from way back. All data is stored heavily encrypted. This way, local engineers or physical intruders cannot get access to user data. You are in control of your data and can make changes to it anytime on web or mobile.

13.4 How We Use Your Data

Your data is only used to improve your product experience. In technical terms, this means enriching machine models that dramatically improve the accuracy of data extraction, data categorization, and automation of your bookkeeping.

Invite Your Accountant: When you invite your accountant from your web app profile settings screen, Accountant Inc. adds them to your team so they can access your data for tax purposes.
My Team: If you are a part of a team, like your company, then the administrator has access to your data for reimbursement & tax purposes. This is the person who invited you to join the team. Please make sure you take the right steps to validate all invites.

13.5 Deleting Data

Accounts: If you would like to delete your account, you can do this by emailing info@accountant.world. Deleting your account permanently removes all your data you ever stored with Accountant Inc. System. This action must be confirmed by you and cannot be undone. Documents: Everything you delete from your account is deleted forever.

13.6 Payment Information

Accountant Inc. does not process payments from users and instead relies on PayPal, Stripe, etc. (a 3rd party payment provider) to process payments around the world. It is the payment providers that handle and store your credit card details.

Credit Card Information: When making a purchase, you enter your credit card details into a form supplied by the payment provider that will be processing the payment, and this information goes directly to the payment provider’s server. Your credit card information never reaches Accountant Inc.’s servers. We do not access and do not store your credit card information. When you save your credit card info, it is saved on the respective payment provider’s servers, and the payment provider gives Accountant Inc. a token that you can reuse for future payments. It is not possible to reconstruct your credit card info from the token.

13.7 Security and Storage of Information

At Accountant Inc., all communication is over HTTPS/SSL using TLS 1.2 – same stuff the banks use. Data at Rest is AES-256 encrypted and In Transit secured by HTTPS TLS 1.2. This means your data is super secure. Infrastructure is on Azure Cloud offered by Microsoft.

13.8 Cookies, Analytics, and Support Data

Cookies: We only use session cookies to keep you logged into the product. Without session cookies, you would not be able to login and maintain a session with Accountant Inc.
Analytics & Traffic Data: We use Google Analytics to better understand how you experience Accountant Inc. This helps us build a better product for you and service your complimentary support enquiries.
Support Data: The information collected through chat or support email is no more than what you provide us when you signed up or during the support session.

13.9 Privacy Policy Changes

Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Policy from time to time, so please review it periodically. We will alert you by posting a copy of the new policy with its effective date on our site. We may also send you an email or provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of our service after any modification to this Privacy Policy will constitute your acceptance of such modification.

13.10 Oregon Privacy Rights

Accountant Inc. does not currently disclose personal information to third parties for their direct marketing purposes.

13.11 Further Information

If you have any queries about how we treat your information, the contents of this Privacy Notice, your rights under local law, how to update your records, or how to obtain a copy of the information that we hold about you, please contact our Chief Security Officer at info@accountant.world.

14. General Data Protection Regulation (GDPR)

This Data Processing Addendum (“DPA”) supplements our Terms of Service. This DPA applies to the extent you are using the Services in the context of your data processing activities that are subject to the EU General Data Protection Regulation (“GDPR”). This DPA is entered into by Accountant Inc. You must have an existing Accountant Inc. Account to accept this DPA on behalf of the legal entity that corresponds to your Account. By clicking “I accept”, you agree to enter into this DPA with Accountant Inc.

14.1 General

This DPA sets out data protection, security, and confidentiality requirements with regard to the Processing of Personal Data that is collected, disclosed, stored, accessed, or otherwise processed by Accountant Inc. for the purpose of providing the Services.

14.2 Definitions

Applicable Law: All applicable European Union (“EU”) or national laws and regulations relating to the privacy, confidentiality, security, and protection of Personal Data, including, without limitation: the European Union Data Protection Directive 95/46/EC, as amended or replaced, from time to time, such as by the General Data Protection Regulation 2016/679 (“GDPR”), with effect from 25 May 2018, and EU Member State laws supplementing the GDPR; the EU Directive 2002/58/EC (“e-Privacy Directive”), as amended or replaced from time to time, and EU Member State laws implementing the e-Privacy Directive, including laws regulating the use of cookies and other tracking means as well as unsolicited e-mail communications; EU Member State laws regulating security breach notification and imposing data security requirements; and the Payment Card Industry (“PCI”) Data Security Standards.
Data Controller: The entity which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
Data Processor: The entity which Processes Personal Data on behalf of the Data Controller.
Data Subject: An identified or identifiable natural person to which the Personal Data pertain.
Instructions: This DPA and any further written agreement or documentation by way of which the Data Controller or its affiliates instruct the Data Processor to perform specific Processing of Personal Data.
Personal Data: Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person, that is collected, disclosed, stored, accessed, or otherwise processed by Accountant Inc. for the purpose of providing the Services to you.
Processing: Any operation or set of operations which is performed on Personal Data or on sets of Personal Data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Pseudonymization: The Processing of Personal Data in such a manner that the Personal Data can no longer be attributed to a specific Data Subject without the use of additional information.
Sensitive Data: Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data, data concerning health, sex life, or sexual orientation.
Sub-processor: The entity engaged by the Data Processor or any further Sub-processor to Process Personal Data on behalf and under the authority of the Data Controller.

14.3 Processing of Personal Data

14.3.1 Accountant Inc. as a Data Processor: The parties acknowledge and agree that to the extent Accountant Inc. operates and manages a website and web application for accountants and businesses, Accountant Inc. is acting as a Data Processor on your behalf, and you act as a Data Controller. Accountant Inc. will engage Sub-processors pursuant to the requirements set forth in Section 14.5 below.
14.3.2 Your Processing of Personal Data: You shall, in your use of the Services and provision of Instructions, Process Personal Data in accordance with the requirements of Applicable Law and provide Instructions to Accountant Inc. that are lawful. You shall ensure that Data Subjects are provided with appropriate information regarding the Processing of their Personal Data and, where required by Applicable Law, you shall obtain their consent to such Processing.
14.3.3 Accountant Inc. Processing of Personal Data: To the extent that Accountant Inc. is acting as a Data Processor, Accountant Inc. will: (a) Process Personal Data in accordance with the Instructions of the Data Controller and this DPA; (b) ensure that any person authorized by Accountant Inc. to Process Personal Data is committed to respecting the confidentiality of the Personal Data; (c) provide reasonable assistance to the Data Controller, at the expense of the Data Controller, in ensuring compliance with the obligations of the Data Controller under Applicable Laws, taking into account the nature of the Processing and the information available to the Data Processor; (d) contribute to audits or inspections conducted by Accountant Inc. authorized auditors by making available to the Data Controller upon reasonable request the respective audit reports (no more frequently than once per year) provided that the Data Controller enters into a non-disclosure agreement with Accountant Inc. regarding such audit reports; and (e) provide reasonable assistance to the Data Controller, upon request, and, at the expense of the Data Controller, facilitate the Data Controller’s compliance with its obligations in respect of conducting data protection impact assessments and consulting with a supervisory authority, as required by Applicable Law.
14.3.4 Details of the Processing: The subject-matter of Processing of Personal Data by Accountant Inc. is the performance of the Services pursuant to the Terms of Service. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data, and categories of Data Subjects Processed under this DPA are further specified in Schedule A to this DPA. [Note: Schedule A not provided; contact info@accountant.world for details.]

14.4 Rights of Data Subjects

14.4.1 Data Subject Requests: Accountant Inc. will, to the extent permitted by Applicable Law or other applicable legal or regulatory requirements, inform you of any formal requests from Data Subjects exercising their rights of access, correction, or erasure of their Personal Data, their right to restrict or to object to the Processing, as well as their right to data portability, and will not respond to such requests, unless instructed by you in writing to do so.
14.4.2 Assistance by Accountant Inc.: Accountant Inc. shall, upon your request, provide reasonable efforts to assist you in responding to such Data Subject requests, and to the extent legally permitted, you shall be responsible for any costs arising from Accountant Inc.’s provision of such assistance.

14.5 Sub-Processors

14.5.1 Appointment of Sub-Processors: You acknowledge and agree that: (a) Accountant Inc. affiliates may be retained as Sub-Processors; and (b) Accountant Inc. and its affiliates may engage third-party Sub-Processors in connection with the provision of the Services. Accountant Inc. or an Accountant Inc. affiliate will enter into a written agreement with the Sub-Processor imposing on the Sub-Processor data protection obligations comparable to those imposed on Accountant Inc. under this Agreement with respect to the protection of Personal Data. In case the Sub-Processor fails to fulfill its data protection obligations under such written agreement with Accountant Inc., Accountant Inc. will remain liable to you for the performance of the Sub-Processor’s obligations under such agreement, except as otherwise set forth in the Terms of Service. By way of this DPA, the Data Controller provides general written authorization to Accountant Inc. as Data Processor to engage Sub-Processors as necessary to perform the Services.
14.5.2 List of Current Sub-Processors: Accountant Inc. shall make available a list of Sub-Processors for the Services. A current list of Accountant Inc. Sub-Processors can be found by contacting info@accountant.world. Accountant Inc. will update the list to reflect any addition, replacement, or other changes to Accountant Inc. Sub-Processors.
14.5.3 Objection Right for New Sub-Processors: You may reasonably object to Accountant Inc.’s use of a new Sub-Processor on legitimate grounds, subject to the termination and liability clauses of the Terms of Service. The Data Controller acknowledges that these Sub-Processors are important or essential to providing the Services and that objecting to the use of a Sub-Processor may prevent Accountant Inc. from offering the Services to the Data Controller.
14.5.4: To support Accountant Inc. in delivering our services, we may engage third-party service providers to assist us with its data processing activities. When we work with these service providers in our capacity as a data processor, the third-party service provider is a sub-processor (“Sub-processor”). Our Sub-processors are all subject to contract terms or terms of service that enforce compliance with applicable data protection laws. Contact us at info@accountant.world for the list of Sub-processors.

14.6 Security

14.6.1 Controls for the Protection of Personal Data: Each party shall implement and maintain appropriate technical and organizational measures for protection of the security, confidentiality, and integrity of Personal Data, including, where appropriate: (a) Pseudonymization and encryption of Personal Data; (b) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services involved in the processing of Personal Data; (c) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and (d) a process for regular testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of Personal Data.
14.6.2 Personal Data Incident Management and Notification: Accountant Inc. will implement and maintain a data security incident management program, compliant with Applicable Law, that addresses management of data security incidents including a loss, theft, misuse, unauthorized access, disclosure, or acquisition, destruction, or other compromise of Personal Data (“Incident”). Except to the extent necessary to comply with applicable legal, regulatory, or law enforcement requirements, Accountant Inc. will inform you without unreasonable delay in accordance with Applicable Law after it becomes aware of any Incident that has occurred in its systems which affects Personal Data processed on your behalf.

14.7 Return and Deletion of Customer Data

Accountant Inc. will delete or return all Personal Data to the Data Controller at the end of the provision of the Services, and delete existing copies, unless further storage of the Personal Data is required or authorized by Applicable Law.

14.8 Data Transfers

The parties agree that Accountant Inc. may transfer Personal Data processed under this DPA outside the European Economic Area (“EEA”) or Switzerland as necessary to provide the Services. If Accountant Inc. transfers Personal Data protected under this DPA to a jurisdiction for which the European Commission has not issued an adequacy decision, Accountant Inc. will ensure that appropriate safeguards have been implemented for the transfer of Personal Data in accordance with Applicable Law.

14.9 Accountant Inc. Role as Data Controller

The Parties acknowledge and agree that to the extent Accountant Inc. processes Personal Data, Accountant Inc. is acting as a Data Controller with respect to the Processing of Personal Data it receives from or through you.

14.10 Termination

This DPA will have the same duration as and will be subject to the termination terms of the Terms of Service. The obligations of Accountant Inc. to implement appropriate security measures with respect to Personal Data will survive the termination of this DPA and will apply for so long as Accountant Inc. retains Personal Data. In the event of a conflict between this DPA and the Terms of Service, this DPA will apply to the extent of the inconsistency.

14.11 Limitation of Liability

Each party’s (including their respective affiliates’) liability, in the aggregate, arising out of or related to this DPA, whether in contract, tort, or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Terms of Service, and any reference in such section to the liability of a party means the aggregate liability of that party and all of its affiliates under the Terms of Service and all DPAs together.

14.12 Governing Law

This DPA and any dispute or claim arising out of or in connection with this DPA or its subject matter shall be governed by, and construed in accordance with, the laws of Ireland.

14.13 Contact

If you have any questions about our GDPR policy, please contact us at info@accountant.world.

15. Trademark Policy

Accountant Inc. reserves all rights of ownership of our trademarks. These trademarks include the Accountant Inc. and its brands logo and other designs and logos owned and used by Accountant Inc., as well as Accountant Inc. and its brands product and service names. Accountant Inc. and its brands trademarks are important corporate assets, and Accountant Inc. requires that they be used only in accordance with this Trademark Policy.

15.1 Logos

Accountant Inc. limits the use of our logos. You may not use Accountant Inc. and its brands logos unless you have the express written permission of Accountant Inc. or are licensed by Accountant Inc. to do so. Permissible use of Accountant Inc. and its brands logos must comply with this Trademark Policy, any license or usage requirements for the logos, and any brand guidelines.

15.2 Trademark Usage

“Fair use” of Accountant Inc. and its brands trademarks, that is, use by a third party without express permission or license, is limited to text-only references to Accountant Inc. and its brands trademarks such as product and service names, and excludes Accountant Inc. and its brands logos. In such references, you must be truthful, must not disparage Accountant Inc., and must not mislead the public. You must be clear and accurate as to the nature of the relationship between Accountant Inc. and your company, our products, and our services. When making fair use of Accountant Inc. and its brands trademarks, you must properly mark and attribute them. The first reference in text to Accountant Inc. and its brands trademark must be followed by the proper trademark symbol. The proper symbol for registered trademarks is ™.

When an Accountant Inc. and its brands trademark is used, you must acknowledge Accountant Inc.’s ownership in the following manner: “[insert permissible mark] [is a/are] trademark[s] of Accountant Inc.” In order to preserve our reputation and protect our trademarks, Accountant Inc. guards against infringement and dilution of our trademarks. Use of Accountant Inc. and its brands trademarks together with counterfeit products, software, solutions, or services or Accountant Inc. and its brands products, software, solutions, or services obtained from sources other than authorized Accountant Inc. and its brands sources is prohibited and will not be tolerated.

You can minimize your risk of unauthorized use of Accountant Inc. and its brands trademarks by adhering to the following guidelines:

Do not use Accountant Inc. and its brands corporate logo or any other Accountant Inc. and its brands logo without the express written consent of Accountant Inc. and its brands.
Do not alter, adapt, or modify any Accountant Inc. and its brands trademark.
Do not use Accountant Inc. and its brands trademark in a manner that is likely to cause confusion about the origin of any product, service, program, material, or other offerings.
Do not use an Accountant Inc. and its brands trademark or name in a manner that is likely to give the impression or otherwise imply an affiliation or association between you, your products or services, and Accountant Inc. and its brands, or any of our products, services, programs, materials, or other offerings.
Do not use any Accountant Inc. and its brands trademark or name as or as part of a company, product, service, or program name.
Do not use Accountant Inc. and its brands trademark or name in a manner that is likely to dilute, defame, disparage, or harm the reputation of Accountant Inc. and its brands.
Do not use, register, or seek to register any trademark, name, or designation that is confusingly similar to Accountant Inc. and its brands name or any Accountant Inc. and its brands trademark.
Do not copy or imitate any Accountant Inc. and its brands design, type style, logo, product packaging, or the look, design, or overall commercial impression of any Accountant Inc. and its brands website, blog, or other materials.
Do not register or use any domain name that incorporates any Accountant Inc. and its brands mark or name.
Do not use Accountant Inc. and its brands trademark name for a product or service as a noun, or in the plural form.
Always use the proper spelling for Accountant Inc. and its brands’ trademarks.

Disclaimer: This Trademark Policy is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding Accountant Inc.’s Trademark Policy, please contact Accountant Inc.

16. Security and Reliability Safeguards

At Accountant Inc. and its brands, we know that our customers rely on us as an important part of their business processes and record keeping. We take our responsibilities to our customers seriously, and the security and reliability of the software, systems, and data that make up the Accountant Inc. and its brands application are our top priority.

16.1 Firewalls: The Accountant Inc. and its brands application – including your data – rests securely behind firewalls.
16.2 Vulnerability Scanning: Accountant Inc. and its brands’ servers are scanned for vulnerabilities regularly and any newly-identified problems are addressed as quickly as possible.
16.3 Strong Encryption: Accountant Inc. and its brands uses industry standard encryption protocols and practices to responsibly transmit sensitive information (including cardholder data).
16.4 Physical Security: The Accountant Inc. and its brands servers are located in state-of-the-art datacenters, which provide biometric access controls, constant surveillance, redundant power feeds and generators, robust fire suppression, and carefully monitored climate control to protect the servers that store your data and manage your billing.
16.5 PCI Compliance and Card Holder Data: Cardholder data should only be input by the user in areas that explicitly require it. Accountant Inc. and its brands handle cardholder data in accordance with PCI Data Security Standard requirements. Where cardholder data storage is required (i.e., automatic payments on recurring templates), Accountant Inc. and its brands leverages PCI DSS Level 1 Compliant partners who undergo an annual audit of its infrastructure. In addition, Accountant Inc. and its brands maintains its PCI DSS Level 1 compliance and has its audit conducted by an independent third-party on an annual basis.
16.6 Secure Development Practices: Accountant Inc. and its brand developers follow the secure development practices described in OWASP. Furthermore, we subscribe and adhere to the principle of least access.
16.7 Breach Notification: If there is a security and/or privacy breach that occurs, we will notify the necessary authorities and impacted customers within the legally required timelines based on the Applicable Data Protection Law.
16.8 Reliability: The Accountant Inc. and its brands infrastructure uses redundant storage and servers to keep the application and your data available in the case of hardware failure – and another set of servers and storage in geographically separate data centers in case our primary datacenter is made unavailable by a disaster or other disruption.
16.9 Managed Hosting: Accountant Inc. and its brands Application utilizes Microsoft Azure for hosting requirements. With a vast array of clients with varying needs, Azure provides an environment that allows for the fast delivery of features, continued product innovation, reliable security and stability, and a reduced chance of downtime.
16.10 Backups: The data in your Accountant Inc. and its brands account is replicated across multiple database servers in two geographic locations to prevent a single failure from causing data loss.

17. Cookie Policy

Like many web-based service providers, Accountant Inc. and its affiliates and brands utilize “cookies” in connection with the use of our “Services”. This cookie notice provides information about how and when we use cookies and other similar tracking technologies on our platforms and our websites. To better understand how we use the data collected through these technologies, please read our Privacy Policy.

17.1 What Are Cookies?

A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device when you visit certain websites. Generally, cookies are used to make your browsing experience better by allowing a website to remember your actions and preferences (for example, your authentication status). Cookies also provide information on how people may use a website (for instance, whether it’s their first time visiting or if they are a frequent visitor).

17.2 What Cookies Do We Use and Why?

We use a number of different cookies to provide you with our Services, to monitor usage and performance, to customize and improve your experience, and to facilitate our marketing, social, and advertising activities.

Strictly Necessary Cookies: We use a small number of cookies that are necessary to allow you to use our Services. The use of these cookies is essential for our Services to work. For example, we use session cookies for the duration of a session to keep track of a user’s identity and authentication status.
Functional Cookies: We use third-party tools to help customize our website and to remember choices you’ve made, some of which may use cookies or similar technology in order to function. For example, we use tools like Hello Bar and Proof to customize messaging for website visitors.
Analytics and Reporting Cookies: We use many tools to help us improve our Services and the overall user experience for our customers and website visitors. To this end, we use reporting and analytics cookies to collect information about how you use our website, and how often. For example, we use Google Analytics and other third-party analytics providers to help measure how users interact with our website content and product features. For more information on Google Analytics, visit Google’s information page.
Marketing and Advertising Cookies: We use a number of tools to help us with our marketing efforts, some of which may use cookies or similar technology. Marketing and advertising cookies are used on our marketing website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our website, and we may verify this information with third parties, such as advertisers, who may also use such cookies to deliver advertisements to you on other websites.

17.3 Third Party Cookies

In some cases, we allow our third-party service providers to place cookies or similar technologies on your device through our Services, for the purposes described above, including for analytics and advertising. Third parties who place cookies through our Services will obtain the information described above and in our Privacy Policy. These third parties have their own privacy policies and will use the information obtained through their cookies in accordance with their own policies and legal requirements.

17.4 How Can You Control Cookies?

Most browsers allow you to control cookies through their settings. You may be able to set your browser to notify you when you receive a cookie or to reject cookies entirely. You can also delete cookies that have already been set. However, if you disable or delete cookies, you may not be able to use some or all of our Services, as some cookies are necessary to use the Services. For more information on cookies and how to manage them, you can visit www.allaboutcookies.org.

17.5 Updates to Our Cookie Notice

We may update this Cookie Notice from time to time to reflect changes in our practices, services, or legal requirements. Updates to this Cookie Notice will be posted on our website with the effective date. Your continued use of our Services after any such updates will constitute your acceptance of the revised Cookie Notice.

18. Google Data Use Disclosure

Accountant Inc. uses certain Google APIs to provide you with additional functionality as part of the Services. By way of example, we use Google Analytics to collect information about your use of our Services for the purpose of improving our Services and your user experience. For more information about how Google uses data when you use our Services, please see Google’s information page.

19. Electronic Communications — Email, SMS & Voice

KikoBooks uses Microsoft Azure Communication Services (“ACS”) and the Azure OpenAI Realtime API to send email, SMS, and voice communications on Your behalf to Your customers, vendors, and team members. By using the Services, You agree to the following:

19.1 Authorization. You authorize Accountant Inc. to send email, SMS, and place or receive voice calls on Your behalf using telephone numbers, sender identifiers, and email addresses You provision or that are provisioned for You within the Services. You are solely responsible for the content of all messages You or Kiko send on Your behalf.
19.2 Consent & Opt-Out. You represent and warrant that You have obtained all consents required by applicable law (including the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM, CASL, GDPR, and equivalent laws) before sending any commercial email, SMS, or voice message through the Services. SMS recipients may opt out at any time by replying STOP, and KikoBooks will honor STOP, HELP, UNSUBSCRIBE, and equivalent opt-out keywords automatically. You may not bypass or disable opt-out handling.
19.3 A2P 10DLC & Carrier Registration. SMS sent to U.S. recipients from a long code requires Application-to-Person (A2P) 10DLC brand and campaign registration with the Campaign Registry. You agree to provide accurate brand information, campaign descriptions, and sample messages, and acknowledge that carrier fees, registration fees, and per-message charges are passed through at cost from carriers and Microsoft.
19.4 Voice Calls & Recording. If You enable AI voice agents or call recording, You are solely responsible for providing any disclosures and obtaining any consents required by federal, state, and foreign two-party-consent laws before any call is recorded or processed by an AI agent. KikoBooks does not record calls by default; recording is opt-in per Org and per agent.
19.5 Prohibited Use. You may not use the Services to transmit unlawful, deceptive, harassing, defamatory, or unsolicited commercial messages (“spam”), to send messages related to high-risk financial schemes, illegal substances, or content prohibited by Microsoft’s Acceptable Use Policy or by any carrier. We reserve the right to suspend message and voice services without notice for suspected abuse.
19.6 Pass-Through Charges. Communications usage (per-message SMS, per-minute voice, email volume, phone-number rental, A2P registration, and carrier surcharges) is metered against Your wallet at cost-plus rates and is non-refundable once consumed. Live rates are visible inside the application under Wallet & Pricing.
19.7 Message Content & Retention. Message bodies, transcripts, call metadata, and delivery receipts are stored within Your tenant for audit, deliverability, and compliance purposes for the duration of the Agreement plus any retention period required by law. You may export or delete this data subject to Section 13 (Privacy) and Section 14 (GDPR).
19.8 No Carrier Guarantee. Message and call delivery depends on third-party carriers and the public switched telephone network. Accountant Inc. does not guarantee delivery, deliverability rates, or freedom from carrier filtering, blocking, or throttling.

20. AI Co-Worker, Voice Agent & Document Intelligence

KikoBooks includes “Kiko,” an AI co-worker comprised of specialist agents that draft, classify, summarize, reconcile, and act on Your behalf. Kiko is built on Microsoft Azure AI Foundry, Azure OpenAI, Azure AI Search, Azure OpenAI Realtime (voice), and Azure Document Intelligence (OCR/extraction). By using these features, You agree to the following:

20.1 Human-in-the-Loop & Approval Tiers. Kiko classifies every proposed action by confidence. Auto-execution is allowed only when confidence and per-Org guardrails are satisfied; otherwise Kiko surfaces a suggestion for Your approval. High-impact actions (large payments, payroll, tax filings, mass communications) always require human review regardless of confidence.
20.2 No Model Training on Your Data. Your Data, including documents, transactions, messages, transcripts, and audio, is processed within Your Microsoft Azure tenancy boundary and is not used by Microsoft or Accountant Inc. to train foundation models. Microsoft’s Azure OpenAI service operates under its own data, privacy, and security commitments, which are incorporated here by reference.
20.3 Voice Processing. Voice input and output for the Voice Agent is streamed in real time to the Azure OpenAI Realtime API for transcription and synthesis. Audio is processed transiently to generate responses; transcripts are stored within Your tenant if You opt in to call logging. You are responsible for any disclosure and consent obligations under Section 19.4.
20.4 Document Intelligence. Documents You upload (statements, receipts, invoices, contracts) are processed by Azure Document Intelligence to extract structured data. Extracted fields and line items are written into Your tenant. Source documents and extractions are retained per Section 13.5.
20.5 No Professional Advice. Kiko’s output is automated assistance, not legal, accounting, or tax advice. You are solely responsible for reviewing AI-generated work, journal entries, tax positions, communications, and decisions before relying on them.
20.6 Wallet Metering. AI usage (tokens, agent runs, document pages, voice minutes, embeddings) is metered against Your wallet at cost-plus rates. Live rates and per-action cost are visible inside the application under Wallet, Pricing, and the Agent Activity log.
20.7 Provider Outages. Kiko depends on Azure AI services and other third-party APIs. Accountant Inc. is not liable for downtime, latency, or degraded behavior caused by upstream provider outages, throttling, or model deprecations.
20.8 Sub-Processors. The use of Azure AI services constitutes engagement of Microsoft as a sub-processor for the purposes of Sections 13, 14, and the GDPR. The current sub-processor list is available on request and updated as required by Section 14.5.