Welcome to FynOps, Inc.(formerly Accounted, Inc. dba AccountedCloud), a corporation organized and operating under the laws of Florida. This agreement governs your use as a subscriber of our service. Any time you use our service you agree to abide by these terms and conditions. By proceeding with the use of the services offered by FynOps is the equivalent of signing this contract and makes it legally binding. Upon acceptance, these terms and conditions constitute a legally binding agreement (the Agreement) between you, the end user, and FynOps and each of its officers, directors, agents, and affiliated companies (hereinafter collectively referred to as the Company).
This Agreement governs the use of the information system and service software, and all Intellectual Property owned by or licensed by the Company.
The software runs from a remote location, You (the User) will have access to the software under the terms and conditions outlined in this Agreement.
If you are an individual, you warrant you are 18 years of age or older and have valid legal capacity to enter into and perform your obligations under this Agreement. If you are a representative of a company or entity, you warrant you have the requisite power and authority to enter into this Agreement on behalf of the company or entity.
In exchange for access to and use of our information services and systems, we will charge you according to the rate schedule referenced on our website. You will also be charged for any applicable sales or use taxes required by your state.
Access to our services through your account is limited to you personally as a single user. You may not allow others to use our services through your account.
The information service system and much of the information made available through this service is proprietary information. Company owns the intellectual property, pending patents, and other contractual rights (including access rights) associated with the system and the information accessed through the system. Proprietary information includes but is not limited to:
As a User, you are granted a limited, non-exclusive, non-assignable and non-transferable license to access and use the information service system and the information in it. Your right to copy, reproduce, or store information related to or accessed through this service is limited to the temporary limited rights specified in this paragraph. No other copying, reproduction, storage, printing, or redistribution is permitted under this license. You may not modify, adapt, translate, distribute, reverse engineer, decompile, or dissemble any proprietary component or information associated with or accessed through our system. Except as provided in this Section you obtain no rights under this Agreement from us, including any related intellectual property rights or patents.
Company reserves the right to remove, block and/or delete your information from its database without warning if you violate this Agreement. Company reserves the right to take any action that Consultant deems in its sole and absolute discretion reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this Agreement and to cooperate with any legal process relating to your use of our services. Company reserves the right to reject and refuse to accept any information you provide, and to delete, remove or edit any information you provide any time, for any reason, in Company’s sole and absolute discretion and without prior notice or liability.
Company does not represent, warrant, guarantee, or promise that the information system and service software will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Company disclaims any liability relating thereto. You are responsible for backing up your own computer system. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or account information due to technical problems, change of email address, or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to you or to your computer related to or resulting from, in whole or in part, any use of the information system and service software.
You are responsible for maintaining confidentiality of passwords, usernames, and account information provided in connection with this service. If you allow someone else access to your account, your account may be terminated, and we will have the right to hold you liable for all unauthorized use of our services via your account. You agree to immediately notify Company of any unauthorized use of passwords, usernames, or accounts.
It is the Company’s policy to respect the privacy of its members. Company will not monitor, edit, or disclose any personal information about you or your use of the information service system, including its contents, without your prior permission unless the Company has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Company; (3) enforce this Agreement; or (4) act to protect the interests of its clients or others.
Should the Company be forced by law to surrender data and/or confidential information, the User will be informed by the Company insofar as the law permits. All types of costs ensuing from this are borne by the User.
The parties mutually obligate themselves and their employees to maintain the confidentiality of all documents and information not generally known related to the business sphere or the data of the User and which becomes accessible through the preparation and implementation of the services under this agreement. This obligation remains in force even after the termination of the contractual relationship.
Company does not guarantee any type of back-up storage of customer data.
Company shall ensure all data of the User that it receives are protected from access by third parties using the appropriate technology.
Note that Company may from time to time, and depending on the circumstances, use third-party services providers to assist Company in serving your account. Accordingly, we will secure confidentiality agreements with all third-party service providers to maintain the confidentiality of your information.
NO WARRANTIES: Company expressly disclaims any warranty for the information service system and server software.
THE SOFTWARE, THE INFORMATION SERVICE SYSTEM, AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT, AS WELL AS ANY REPRESENTATION OF NONINFRINGEMENT, ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, THAT THE SOFTWARE, THE INFORMATION SERVICE SYSTEM, AND ANY RELATED DOCUMENTATION WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. THE ENTIRE RISK ARISING OUT OF USE OF FYNOPS REMAINS WITH YOU.
Under no circumstances, including negligence, shall Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of
In addition to indemnification or liability provisions in other sections of this agreement, you hereby agree to indemnify, defend and hold harmless the Company, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney’s fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “losses”), in so far as such losses (or actions in respect thereof) arise out of, are related to, or are based on or reasonably related to the breach of any representation, warranty, obligation or covenant agreed to by you in this Agreement. This clause shall also be effective against your heirs, assigns, or representatives.
You acknowledge your breach of any provision of this agreement by you will constitute immediate and irreparable damage to the Company, which cannot be adequately compensated solely by money damages, and will warrant preliminary and other injunctive or equitable relief in addition to money damages. You also consent to the issuance of such equitable relief and agree no bond or other security shall be required for the Company to obtain any such equitable relief. This provision does not limit any other enforcement actions or remedies which may be available for breach of any provision of this agreement.
You may change or discontinue your account at any time by submitting written notification to the Company. Company has the right to suspend, deactivate, or cancel your account at any time for any reason. Company also has the right to delete any information related to your account on its system. If your services change, you cancel your subscription, or we suspend, deactivate, or cancel your account, you will not receive any refund and you will remain liable for any charges accruing prior to the termination of your account.
Company and User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If dispute under this Agreement arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation. The parties shall mutually agree to the appointment of a mediator for the purpose of mediating the dispute. If the parties cannot agree on a mediator, each party shall select one mediator and both mediators shall then select a third. The third mediator so selected shall mediate said dispute. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator’s practice. Costs of any mediation proceeding shall be shared equally by all parties.
In the event a party is adjudged to be in breach of this agreement, the party in breach shall reimburse the non-breaching party for its reasonable out-of-pocket costs of enforcing the provisions of this agreement, including reasonable attorneys’ fees, court costs, and disbursements.
You acknowledge that you have read this agreement and freely and voluntarily agree to all its terms and conditions without modification. You have independently evaluated the desirability of entering into this agreement and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.