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Terms Of Service

Contabulo Terms of Service

1. Terms

By accessing the Contabulo service, website, or application (collectively, the “Service”)  you are agreeing to be bound by these Terms of Service (herein referred to as “Terms of Service”, “Terms” or  the “Agreement”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of said entity, then “You” refers to said entity.  If You are accessing the Service on behalf of your employer, you warrant and represent that You have the authority to agree to these Terms of Service on your employer’s behalf.  If you do not agree with any of these terms, you are prohibited from using or accessing the Service. If You are accessing the materials contained in this website and any downloadable software associated with the Service are protected by applicable copyright and trademark law.

2.  Description of Service

The Service includes, and is limited to, a service, web site, software application, or mobile application that allows You access to and use of a Contabulo Account.  A “Contabulo Account’ or “Account” referred to herein means a Service, website, software application, or mobile application provided by Contabulo, Inc. (herein referred to as “Contabulo”, “We”, or “Us”), that allows You to use Contabulo to create, share, update, and publish information, data, text, images, or other materials (herein referred to as “User Content”).

3. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on the Service for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license You may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Contabulo, Inc.’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Contabulo, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer

  1. The materials on the Service are provided on an ‘as is’ basis. Contabulo, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Contabulo, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Service or otherwise relating to such materials or on any sites linked to the Service.

5. Limitations of Liability

In no event shall Contabulo, Inc. or its suppliers be liable for

(a) any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Service, even if Contabulo, Inc. or a Contabulo, Inc. authorized representative has been notified orally or in writing of the possibility of such damage.

(b) Any loss, damage, or misappropriation of Your User Content under any circumstances or for any consequences related to changes, restrictions, suspensions, or termination of the Service or this agreement.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Accuracy of materials

The materials appearing on the Service could include technical, typographical, or photographic errors. Contabulo, Inc. does not warrant that any of the materials on its website are accurate, complete or current. Contabulo, Inc. may make changes to the materials contained on the Service at any time without notice. However Contabulo, Inc. does not make any commitment to update the materials.

7. Links

Contabulo, Inc. has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Contabulo, Inc. of the site. Use of any such linked website is at the user’s own risk.

8. Modifications

Contabulo, Inc. may revise these terms of service for the Service at any time without notice. By using the Service you are agreeing to be bound by the then current version of these terms of service.

9.  User Content

Contabulo, Inc. does not claim any ownership whatsoever regarding any and all User Content submitted on or through the Service.  Ownership of any User Content you place on the Service is retained by You.  However, You agree, by uploading User Content to the Service, that Contabulo, Inc. may store and make available Your User Content only as necessary in connection with the Service.  To the extent You elect to share any of Your User Content with other users of the Service (i.e., by making use of the Service’s access controls), You agree to allow such users to view Your User Content, and, to the extent applicable, collaborate with You and Your User Content.

You understand and agree that sole responsibility for all User Content lies with the person who uploaded or caused such User Content to be uploaded to the Service.  This means that You bear full and complete responsibility for all User Content that You upload, post, transmit or otherwise make available via Your Contabulo, and that Contabulo is not in any way responsible for your User Content.  Contabulo does not control the User Content published via the Service and consequently does not guarantee or make any claims regarding the accuracy, integrity, or quality of such User Content.

You further understand that by using the Service, you may be exposed to User Content that You find objectionable, offensive, or indecent.  You understand and acknowledge that User Content is not pre-screened or reviewed by Contabulo, Inc, and that Contabulo, Inc. shall under no circumstances be liable in any way for any User Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use or reliance on any Content made available via the Service.

10.  Proper Use

You agree that You will not, via Your use of the Service:

(a) Disrupt or interfere with the operation of the Service in any way, to include disruption of networks connected to the Service.

(b) Place an unreasonable or disproportionately large load on the Service infrastructure.

(c) Make available via upload, transmission or any other means User Content that is illegal, abusive, harassing, obscene, or violate’s another person’s privacy (this includes, but is not limited to, posting any Personally Identifiable Information (PII) without the proper written consent of the owner of said PII).

(d) Impersonate any other person or entity.

(e) Upload or transmit any User Content to the Service that infringes on any copyright, patent, trade secret, or other rights of any party.

(f) Upload or transmit unsolicited commercial email or content (i.e., “spam”), to include using the Service as a means for unethical marketing or advertising.

(g) Upload or transmit software viruses or any other malicious computer code designed to interrupt, damage, degrade, or destroy computer software or hardware or other electronic equipment.

(h) “Stalk”, harass, or intimidate another person.

(i) Allow people to share User logins.  You agree that every human using the Service must have their own User login.

(j) Violate, whether intentionally or unintentionally, any applicable local, state, national, or international laws.

(k) Promote or provide information on illegal activities, to include, but not limited to, advocating violence against any other group or person.

11.  Subscriptions and Billing

Subscriptions.  After a free trial period, most Contabulo features are accessible only via a paid subscription plan (“Subscription”).  If you choose to purchase a Subscription, you shall pay subscription fees to Contabulo, Inc.  Your Subscription will remain in effect until cancelled or terminated in accordance with this Agreement.  You may cancel a Paid Subscription at any time via the Service or by contacting Us.  If you fail to pay your subscription fees on time, we reserve the right to suspend or cancel your access to the Service.

Taxes. All fees are exclusive of any federal, state, local, or other taxes which may apply to you.  You are responsible for all applicable taxes, and Contabulo will charge taxes in addition to the subscription fees for the Service when required to do so.

Renewals.  In order to ensure uninterrupted service, You will be automatically billed all applicable subscription fees from the date you submit your initial payment and on each renewal period until your Subscription is cancelled.  We will use the payment method you have on file with us when automatically billing You.

Payment Processing. Contabulo makes use of a third party payment processor (the “Payment Processor”) to bill you through a payment account lined to your Contabulo Account.  Processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this agreement (Currently, our Payment Processor is Stripe).

Changes to Fees. We may change our fees at any time, and where applicable, will give You advance notice of fee changes via the Service.  We will not apply any new fees retroactively.  If you do not agree with any such fee changes, you may reject the change by cancelling your Paid Subscription before Your next billing date.

Chargeback Policy.  If you contact your bank or credit card company to chargeback or otherwise reverse the charge of any payable fees to Contabulo, we reserve the right to terminate your Account.  We encourage you to contact Us if you have any questions about a payment made to Contabulo before filing a chargeback.  Contabulo, Inc., reserves the right to dispute any chargeback.

Refunds.  You may cancel Your Paid Subscription at any time.  However,  refunds will not be issued except at our sole discretion, or if required to do so by law.

12.  Suspension and Termination of Services

If You terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle, unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

Contabulo, Inc., may limit, suspend, or stop providing the Service to You if you fail to comply with these Terms or if you use the Service in such a way that causes legal liability to Contabulo, Inc., or interferes or disrupts others’ use of the Service.  Contabulo, Inc., may also suspend providing the Service to You if we are investigating suspected misconduct by You.  If we suspend or terminate the Service, we will endeavor to provide you with advance notice so that you may download your Content from the Service.  However, there may be some situations where Contabulo, Inc., may decide that immediate action must be taken without notice.  Contabulo, Inc. is under no obligation to retain your Content upon termination of the Service or your access to the Service.

13. Indemnification

You agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless Contabulo, Inc., its affiliates, officers, directors, employees, consultants, agents, suppliers, and resellers from any and all claims, liability, damages, losses and/or costs (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) Your use of the Service; (b) Your breach of these Terms of Service; (c) Your User Content; (d) Your violation of any law or regulation or the rights (including but not limited to Intellectual Property rights) of any third party.

14.  Waiver and Severability

Our failure to enforce any provision of this Agreement is not a waiver of our right to enforce such provision later.  If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, an enforceable term will be substituted reflecting our intent as closely as possible and the remainder of this Agreement will remain in full force and effect.

15. Governing Law and Forum

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, United States of America.  The parties consent to the exclusive jurisdiction and venue of courts located in and serving Brevard County, Florida, USA.

DMCA

Contabulo, Inc. complies with the Digital Millenium Copyright Act (“DMCA”).  If you are a copyright owner, or authorized to act on behalf of one, and believe that a copyrighted work has been published on Contabulo in such a way as to constitute copyright infringement, please deliver a written DMCA Notice to our Designated DMCA agent at the contact information provided below:

Copyright Compliance Manager
Contabulo, Inc.
601 Verbenia Dr.
Satellite Beach, FL 32937
Phone: 321-430-6440
Email: infringement.claims@contabulo.com

A written DMCA Notice must:

  1. Include a physical or electronic signature of someone authorized to act on behalf of the copyright owner;
  2. Identify the copyrighted work(s) that you are claiming is being infringed;
  3. Identify the content that is claimed to be infringing and the URL or other description of where it is located on the Contabulo Service;
  4. Provide reasonably sufficient information to permit us to contact you, including your address, telephone number, and, email address;
  5. Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. Provide a statement, that the information in the DMCA Notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.