Terms & Privacy

Terms of Service & Privacy Policy

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): reverse engineer, disassemble, or decompile any component of the Accountant Inc. Systems or Services; interfere in any manner with the operation of the Accountant Inc. Service; allow a third party to access the Service using Your User Accounts; distribute, sell, resell, sublicense, assign, or otherwise transfer any of its rights under this Agreement; use the Service for the benefit of a third party, for time sharing, or to operate a service bureau; copy, modify, translate, or make derivative works based on any part of the Accountant Inc. System or Service; or remove, cover, alter, or obfuscate any logos, trademarks, or proprietary rights notices.
  • (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 in conjunction with the Service or System.
  • (c) You may not use the Accountant Inc. Service or 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.
• 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.

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 the Accountant Inc. System, Service, Documentation, and all other software, materials, formats, interfaces, information, content, and proprietary technology used by Accountant Inc. or provided to You in connection with the Service.
• 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.

6. Term and Termination

• 6.1 Term: This Agreement will commence upon execution and will continue in effect in perpetuity unless and until terminated with thirty (30) days' advance written notice, or otherwise pursuant to these terms.
• 6.2 Termination: Either party may terminate this Agreement and Your subscription to the Accountant Inc. Service at any time and for any reason. Sorry, we do not offer refunds on monthly or yearly subscriptions. 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, any amounts owed to Accountant Inc. will become immediately due and payable, each party will return or destroy all Confidential Information, and Accountant Inc. will allow You to access Your Data for ninety (90) days after termination.

7. Payment

• 7.1: You shall pay all invoices from Accountant Inc. within 5 days from the date of Invoice. Except as otherwise specifically provided in this Agreement, all payment obligations are non-cancelable, and all amounts paid are nonrefundable.
• 7.2: Accountant Inc. charges and collects in advance for the total Accountant Inc. cost for a subscription to the Accountant Inc. Service. Accountant Inc. collects Sales tax for all locations within the United States that require such tax. Outside of the United States, Accountant Inc.'s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
• 7.3: Accountant Inc. reserves the right to suspend or terminate this Agreement if payment for undisputed fees is not paid within the time periods provided herein. You agree 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.
• 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. may restrict, suspend, or terminate your account and/or disable your articles for any violation of the User Agreement.
• 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.

9. Warranty; Disclaimer of Warranties; Limitation of Liability

• 9.1 Accountant Inc. Warranty: Accountant Inc. warrants that the Accountant Inc. Service will perform substantially in accordance with the Documentation during the Term of this Agreement. In the event of a breach of the Limited Warranty, Accountant Inc.'s entire liability and Your exclusive remedy shall be correction of the Service or return of Fees actually paid for the prior twelve (12) months.
• 9.2 Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.1, THE ACCOUNTANT INC. SERVICE, SYSTEM, AND ALL OTHER DATA, MATERIALS, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ACCOUNTANT INC. DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED.
• 9.3 Limitation of Liability: EITHER PARTY'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT WILL BE STRICTLY LIMITED TO THE FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OF INJURY. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. You may only resolve disputes with the Accountant Inc. Entities on an individual basis.

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 arising out of any third party claims that the Accountant Inc. Service infringes or misappropriates any presently existing United States patent, copyright, trademark, or trade secret, or a breach by Accountant Inc. of any of its obligations under this Agreement.
• 10.6 Indemnity by You: You shall indemnify, defend, and hold Accountant Inc. harmless from all claims, losses, demands, liabilities, judgments, or damages arising from or relating to use of the Accountant Inc. Service by You or any third party using a Password assigned to You, or a breach by You of any of Your obligations or representations under this Agreement.

11. Confidentiality

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. Each party agrees to use all reasonable means to protect and maintain the secrecy of the other party's Confidential Information, and shall not use or disclose such information except as required to fulfill its responsibilities hereunder.

12. Miscellaneous

• 12.1 Notification of Changes: Accountant Inc. reserves the right to modify the terms and conditions of this Agreement at any time, effective upon posting of an updated version on the website. Continued use of the Accountant Inc. Service after any such changes constitutes Your consent to such changes.
• 12.2 Force Majeure: Neither party shall be in default by reason of any failure in performance of this Agreement arising out of causes reasonably beyond the direct control or foreseeability of such party.
• 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, or statements. In the event of a dispute, it shall be submitted to a court of competent jurisdiction.
• 12.4 Survival: Sections 1, 3, 4, 5, 7.2, 7.3, 9, and 10 of this Agreement and all of Your payment obligations 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. This includes Agent Kiko (agentkiko.com), KikoBooks (kikobooks.com), and Accountant.World (accountant.world).

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.

13.2.1 Third Parties

• Connected Apps: At your discretion, you can allow 3rd party connections to consume your Accountant Inc. data for additional processing.
• 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: Name, address, telephone number, email address, banking information, credit card and debit card number, social security number, account numbers, user name, IP address, and other online identifiers.
• Commercial Information: Legal entity name, business entity or filing, registered agent, officers, directors, managers, services purchased, and other purchasing or consuming histories.
• Internet Information: 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.
• 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, and improve our Services and operations.
• Fulfilling Legal and Compliance Obligations: We collect information to fulfill our legal obligations, including satisfying regulatory screening requirements, responding to subpoenas, and maintaining records.
• Analytics: We collect information to analyze how visitors interact with our website, where visitors arrive from and exit to, pages visited, links clicked, and text entered, to understand site usage and improve our services.

13.3 Storing Data

Accountant Inc. only stores the data it needs to function properly. All data is stored heavily encrypted — 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 — enriching machine models that improve the accuracy of data extraction, data categorization, and automation of your bookkeeping.

• Invite Your Accountant: When you invite your accountant, Accountant Inc. adds them to your team so they can access your data for tax purposes.
• My Team: If you are part of a team, the administrator has access to your data for reimbursement and tax purposes.

13.5 Deleting Data

Accounts: If you would like to delete your account, email info@accountant.world. Deleting your account permanently removes all data you ever stored with Accountant Inc. 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, and other 3rd party payment providers. Your credit card information never reaches Accountant Inc.'s servers. We do not access and do not store your credit card information.

13.7 Security and Storage of Information

All communication is over HTTPS/SSL using TLS 1.2 — same as the banks use. Data at Rest is AES-256 encrypted and In Transit secured by HTTPS TLS 1.2. 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.
• Analytics & Traffic Data: We use Google Analytics to better understand how you experience our services.
• 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

We may need to modify this Privacy Policy from time to time. We will alert you by posting a copy of the new policy with its effective date on our site. Your continued use of our service after any modification constitutes 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 and 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"). 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 EU or national laws and regulations relating to the privacy, confidentiality, security, and protection of Personal Data, including the GDPR.
• 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.
• Personal Data: Any information relating to an identified or identifiable 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 performed on Personal Data such as collection, recording, organization, structuring, storage, adaptation, retrieval, consultation, use, disclosure, alignment, restriction, erasure, or destruction.

14.3 Processing of Personal Data

• 14.3.1 Accountant Inc. as a Data Processor: 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.
• 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 lawful Instructions to Accountant Inc.
• 14.3.3 Accountant Inc. Processing of Personal Data: Accountant Inc. will Process Personal Data in accordance with the Instructions of the Data Controller and this DPA, and will ensure that any person authorized to Process Personal Data is committed to respecting the confidentiality of the Personal Data.

14.4 Rights of Data Subjects

Accountant Inc. will, to the extent permitted by Applicable Law, inform you of any formal requests from Data Subjects exercising their rights of access, correction, erasure, restriction, objection, or data portability, and will not respond to such requests unless instructed by you in writing to do so.

14.5 Sub-Processors

Accountant Inc. and its affiliates may engage third-party Sub-Processors in connection with the provision of the Services. A current list of Accountant Inc. Sub-Processors can be obtained by contacting info@accountant.world.

14.6 Security

Each party shall implement and maintain appropriate technical and organizational measures for protection of the security, confidentiality, and integrity of Personal Data, including Pseudonymization and encryption of Personal Data, and the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.

14.7 Data Breach 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 unauthorized access, disclosure, or acquisition of Personal Data. Accountant Inc. will notify affected parties in accordance with applicable legal requirements.