Last Updated: 2025-01-09
This End User License Agreement (“EULA”) is a legal agreement between you (“End User,” “you,” or “your”) and [Company Name] (“Company,” “we,” “us,” or “our”), a [State of Incorporation/Formation] corporation, governing your use of the Company’s financial Software-as-a-Service (“SaaS”) platform, including any software, websites, documentation, or related services provided by Company (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this EULA, our [Privacy Policy / Data Privacy and Security Policy], and any applicable Additional Terms. If you do not agree to all terms and conditions, you must not use the Services.
Subject to the terms and conditions of this EULA, Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your internal business purposes in accordance with this EULA and any other documentation or guidelines provided by Company.
You agree not to:
By using the Services, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into this EULA.
In order to access certain features of the Services, you may be required to create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials, and you accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other security breach.
Access to certain features or functionalities of the Services may require the payment of subscription or usage fees as outlined in a separate agreement or order form (“Subscription Fees”). You agree to pay all applicable Subscription Fees in accordance with the payment terms set forth therein.
All payments shall be made via the payment method(s) designated by Company. You authorize Company to charge your chosen payment method for all fees due.
If your payment is overdue, Company reserves the right to suspend or terminate your access to the Services until payment is received.
All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any applicable taxes associated with your use of the Services.
This EULA will remain in effect as long as you use the Services or until terminated in accordance with this Section.
Company may, at its sole discretion, terminate or suspend your access to the Services immediately, with or without notice, if:
You may terminate this EULA by ceasing to use the Services and closing your account.
Upon termination, (i) all rights granted to you under this EULA will immediately cease, and (ii) you must discontinue all use of the Services. Company will have no liability to you or any third party for termination of your rights under this EULA. Any provisions that by their nature should survive termination shall remain in full force and effect.
Company and its licensors retain all right, title, and interest in and to the Services and any related intellectual property, including but not limited to all software, text, graphics, images, logos, trademarks, and other content provided through the Services. No rights are granted to you other than as expressly set forth in this EULA.
If you submit any ideas, suggestions, or feedback to Company regarding the Services (“Feedback”), you hereby grant Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use and incorporate such Feedback in any of Company’s products or services.
You may have the ability to upload or post content to the Services (“User Content”). You are solely responsible for all User Content you provide and for compliance with all applicable laws.
By uploading or posting User Content, you grant Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, display, and perform the User Content as necessary for the operation of the Services or as otherwise authorized by you.
You agree not to upload or post any User Content that: (i) is illegal, deceptive, fraudulent, defamatory, or infringing; (ii) contains viruses or harmful code; or (iii) violates any applicable law or regulation. Company reserves the right, at its sole discretion, to remove any User Content that violates this EULA or is otherwise objectionable.
You acknowledge that you may receive or have access to confidential or proprietary information of Company (“Confidential Information”). You agree not to disclose Confidential Information to any third party without Company’s prior written consent and to use such information solely for the purpose of using the Services.
Your use of the Services is subject to our [Data Privacy and Security Policy], which is incorporated herein by reference. Please review it carefully to understand our data collection, usage, and storage practices.
Each party represents and warrants that it has the legal power and authority to enter into this EULA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNT YOU ACTUALLY PAID TO COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS EULA ARE A REASONABLE ALLOCATION OF RISKS AND FORMS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND COMPANY.10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach of this EULA; or (iii) your violation of any law or the rights of any third party.11. COMPLIANCE WITH LAW
You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services. You shall not use the Services in a manner that violates any applicable law or regulation.
This EULA and any dispute arising out of or relating to this EULA or the Services shall be governed by and construed in accordance with the laws of the State of [Governing Law State], without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to this EULA or the Services shall be settled by binding arbitration administered by [Arbitration Body] in accordance with its rules. The place of arbitration shall be [City, State]. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding this arbitration clause, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
You may not assign or transfer this EULA or any rights or obligations hereunder, whether by operation of law or otherwise, without Company’s prior written consent. Company may freely assign or transfer this EULA without restriction.
If any provision of this EULA is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect.
This EULA, together with any Additional Terms and the [Data Privacy and Security Policy], constitutes the entire agreement between you and Company with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) regarding the Services.
No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Company’s failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
If you have any questions or concerns regarding this EULA or the Services, please contact us at: myPocketCFO, hello@mypocketcfo.com
