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Legal > Terms of Use

Terms of Use

Introduction

Welcome to AcuSheet! We’re excited to have you here but before you start using AcuSheet, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much complication, so it’s clear what we expect from you and what you can expect from us.



These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services.



Last updated on 25 February 2020

Joining and using AcuSheet

In this section we explain how to subscribe to AcuSheet and use our services.

1. You and Acuity: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Acuity, AcuSheet, we, our or us, we’re talking about the Acuity Infotech FZC you contract with and pay fees to based on the AcuSheet package you’re using.

2. Our services: Our services consist of all the services we provide now or in the future, including our cloud accounting and bookkeeping products.

3. Creating an account: When you create an account to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.

4. User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. You will be responsible for the permission or role you're granting to the users.

5. The right to use our services: We grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated.

6. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. It’s quite a big deal! For example:

7. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable.

8. When we introduce new or revised services: Since we’re always thinking about how to make AcuSheet the best it can be, we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.

Pricing

9. Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using our services after the trial, you’ll be billed when you add your billing details into our services. If you choose not to continue using our services following a trial, you may delete your organisation.

10. Pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. The pricing plan may vary by region and includes information set out in the offer details and pricing page. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know.

11. Taxes for your use of our services: You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.

12. Timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend or freeze access to your subscription until the payment is made.

Data Privacy & Use

13. Use of data: When you enter or upload your data into our services, we don’t own that data and do not sell or rent the data. However, we only use personal information you provided at the time of registration only, and personal informations of users to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

14. Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy sets out in detail how we process your own personal data that you enter into AcuSheet, like your name and email address

15. Use of personal data you enter about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into AcuSheet.

16. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

17. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

18. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too! To help protect our services and your data

19. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

20. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

21. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of AcuSheet’s or Acuity’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details.

Maintenance, downtime and data loss

We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

22. Availability: We strive to maintain the availability of our services, and provide online support, 24 hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

23. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.

24. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services.

25. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.

26. Modifications or Update: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).

Use of Service

27. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:

Termination

You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

28. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month's written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.

29. Termination by Us: We may choose to terminate your subscription at any time by providing you with one month's written notice in advance. We may also terminate or suspend your subscription or access to all or any data immediately if:

30. No refunds: No refund is due to you if you terminate your subscription or AcuSheet terminates it in accordance with these terms.

31. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees.

Liability and indemnity

This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.

32. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

33. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

34. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.

For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.

Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Disputes

This section outlines how disputes may be resolved.

35. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

You’ve made it to the end. Thanks for reading our terms!