Thanks for using our services! These terms of service ("Terms") cover your use andaccess to ourservices, client software and websites ("Services"). We use CountingWorks, Inc. asour technologyplatform to enable us to provide our services in a secure environment. By using our Services, you’reagreeing to be bound by these Terms, and our Privacy Policy. If you’re using our Services for anorganization, you’re agreeing to these Terms on behalf of that organization.
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts,and so on ("Your Stuff"). Your Stuff is yours. These Terms don’t give us any rightsto Your Stuffexcept for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when youask us to. Our Services also provide you with features like eSign, file sharing, email newsletters,appointment setting and more. These and other features may require our systems to access, store, andscan Your Stuff. You give us permission to do those things, and this permission extends to ouraffiliates and trusted third parties we work with.
Our Services let you share Your Stuff with others, so please think carefully about what you share.
Your Responsibilities
You’re responsible for your conduct. Your Stuff and you must comply with applicable laws. Content inthe Services may be protected by others’ intellectual property rights. Please don’t copy, upload,download, or share content unless you have the right to do so. We may review your conduct andcontent for compliance with these Terms. With that said, we have no obligation to do so. We aren’tresponsible for the content people post and share via the Services.
Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, andkeep your account information current. Don’t share your account credentials or give others access toyour account.
You may use our Services only as permitted by applicable law, including export control laws andregulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. Ifyou live in France, Germany, or the Netherlands, you must be at least 16. Please check your locallaw for the age of digital consent. If you don’t meet these age requirements, you may not use theServices.
Software
Some of our Services allow you to download client software (“Software”) which mayupdateautomatically. So long as you comply with these Terms, we give you a limited, nonexclusive,nontransferable, revocable license to use the Software, solely to access the Services. To the extentany component of the Software may be offered under an open source license, we’ll make that licenseavailable to you and the provisions of that license may expressly override some of these Terms.Unless the following restrictions are prohibited by law, you agree not to reverse engineer ordecompile the Services, attempt to do so, or assist anyone in doing so.
Beta Services
We sometimes release products and features that we are still testing and evaluating. Those Serviceshave been marked beta, preview, early access, or evaluation (or with words or phrases with similarmeanings) and may not be as reliable as other non-beta services, so please keep that in mind.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’tgrant you any right, title, or interest in the Services, others’ content in the Services,CountingWorks and our trademarks, logos and other brand features. We welcome feedback, but note thatwe may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices ofalleged copyright infringement if they comply with the law, and such notices should be reported tolegal@CountingWorks.com. We reserve the right to delete or disable content alleged to be infringingand terminate accounts of repeat infringers. Our designated agent for notice of alleged copyrightinfringement on the Services is:
- Copyright Agent
- CountingWorks, Inc.
- Newport Beach, CA 92660
- legal@CountingWorks.com
Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminateyour access to the Services with notice to you if:
- (a) you’re in breach of these Terms
- (b) you’re using the Services in a manner that would cause a real risk of harm or loss to us orother users, or
We won’t provide notice before termination where:
- (a) you’re in material breach of these Terms,
- (b) doing so would cause us legal liability or compromise our ability to provide the Services toour other users, or
- (c) we're prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyondCountingWorks control or to comply with a legal requirement. If we do so, we’ll give you reasonableprior notice so that you can export Your Stuff from our systems.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THEFULLEST EXTENT PERMITTED BY LAW, CountingWorks AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKENO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WEALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not applyto you.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANYLIABILITY FOR CountingWorks OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDINGTHE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLETO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USEREASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECTCONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
- i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CountingWorks OR ANY OF ITSAFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, CountingWorks, ITSAFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OFBUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. CountingWorks AND ITS AFFILIATESAREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
Resolving Disputes
Let’s Try To Sort Things Out First . We want to address yourconcerns without needing aformal legalcase. Before filing a claim against CountingWorks or our affiliates, you agree to try to resolve thedispute informally by contacting legal@CountingWorks.com. We’ll try to resolve the disputeinformally by contacting you via email.
Judicial forum for disputes . You and CountingWorks agree thatany judicial proceeding to resolveclaims relating to these Terms or the Services will be brought in the federal or state courts ofOrange County, California, subject to the mandatory arbitration provisions below. Both you andCountingWorks consent to venue and personal jurisdiction in such courts. If you reside in a country(for example, European Union member states) with laws that give consumers the right to bringdisputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
- We Both Agree To Arbitrate . You and CountingWorks agree toresolve any claims relating to theseTerms or the Services through final and binding arbitration by a single arbitrator. Thisincludes disputes arising out of or relating to interpretation or application of this “MandatoryArbitration Provisions” section, including its enforceability, revocability, or validity.
- Arbitration Procedures . The American Arbitration Association(AAA) will administer the arbitration under its Commercial Arbitration Rules and theSupplementary Procedures for Consumer Related Disputes. The arbitration will be held in theUnited States county where you live or work, Orange County (CA), or any other location we agreeto.
- NO CLASS ACTIONS . You may only resolve disputes with us onan individual basis, and may not bring a claim as a plaintiff or a class member in a class,consolidated, or representative action. Class arbitrations, class actions, private attorneygeneral actions, and consolidation with other arbitrations aren’t allowed. If this specificparagraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions”section will be deemed void.
Controlling Law
These Terms will be governed by California law except for its conflicts of laws principles. However,some countries (including those in the European Union) have laws that require agreements to begoverned by the local laws of the consumer's country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and CountingWorks with respect to thesubject matter of these Terms, and supersede and replace any other prior or contemporaneousagreements, or terms and conditions applicable to the subject matter of these Terms. These Termscreate no third party beneficiary rights.
Waiver, Severability & Assignment
CountingWorks failure to enforce a provision is not a waiver of its right to do so later. If aprovision is found unenforceable, the remaining provisions of the Terms will remain in full effectand an enforceable term will be substituted reflecting our intent as closely as possible. You maynot assign any of your rights under these Terms, and any such attempt will be void. CountingWorksmay assign its rights to any of its affiliates or subsidiaries, or to any successor in interest ofany business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
- (a) changes to the law,
- (b) new regulatory requirements, or
- (c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’llnotify you prior to the update's effective date by sending an email to the email address associatedwith your account or via an in-product notification. These updated terms will be effective no lessthan 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective.By continuing to use or access the Services after the updates come into effect, you agree to bebound by the revised Terms.
Website Privacy Policy
Effective: February 7, 2022
Thanks for visiting our website. Our mission is to create a web based experience that makes iteasier for us to work together. Here we describe how we collect, use, and handle your personalinformation when you use our websites, software, and services (“Services”).
What & Why
We collect and use the following information to provide, improve, and protect our Services:
Account information . We collect, and associate with your account,the information you provide to uswhen you do things such as sign up for your account, opt-in to our client newsletter or request anappointment (like your name, email address, phone number, and physical address). Some of ourServices let you access your accounts and your information via other service providers.
Your Stuff . Our Services are designed to make it simple for youto store your files, documents,comments, messages, and so on (“Your Stuff”), collaborate with others, and workacross multipledevices. To make that possible, we store, process, and transmit Your Stuff as well as informationrelated to it. This related information includes your profile information that makes it easier tocollaborate and share Your Stuff with others, as well as things like the size of the file, the timeit was uploaded, collaborators, and usage activity. Our Services provide you with different optionsfor sharing Your Stuff.
Contacts . You may choose to give us access to your contacts(spouse or other company staff) to make it easy for you to do things like share and collaborate onYour Stuff, send messages, and invite others to use the Services. If you do, we’ll store thosecontacts on our servers for you to use.
Usage information . We collect information related to how you usethe Services, including actions you take in your account (like sharing, viewing, and moving files orfolders). We use this information to improve our Services, develop new services and features, andprotect our users.
Marketing . We give users the option to use some of our Servicesfree of charge. These free Services are made possible by the fact that some users upgrade to one ofour paid Services. If you register for our free Services, we will, from time to time, send youinformation about the firm or tax and accounting tips when permissible. Users who receive thesemarketing materials can opt out at any time. If you do not want to receive marketing materials fromus, simply click the ‘unsubscribe’ link in any email.
We sometimes contact people who do not have an account. For recipients in the EU, we or a thirdparty will obtain consent before contacting you. If you receive an email and no longer wish to becontacted by us, you can unsubscribe and remove yourself from our contact list via the messageitself.
Bases for processing your data . We collect and use the personaldata described above in order toprovide you with the Services in a reliable and secure manner. We also collect and use personal datafor our legitimate business needs. To the extent we process your personal data for other purposes,we ask for your consent in advance or require that our partners obtain such consent.
With Whom
We may share information as discussed below, but we won’t sell it to advertisers or other thirdparties.
Others working for and with Us . We use certain trusted thirdparties (for example, providers of customer support, eSign and IT services) to help us provide,improve, protect, and promote our Services. These third parties will access your information only toperform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible fortheir handling of your information per our instructions. For a list of trusted third parties that weuse to process your personal information, please see our third party vendors below.
Other users . Our Services display information like your name,profile picture, device, and email address to other users in places like your user profile andsharing notifications. You can also share Your Stuff with other users if you choose. When youregister your account with an email address on a domain owned by your employer or organization, wemay help collaborators and administrators find you and your workspace by making some of your basicinformation—like your name, workspace name, profile picture, and email address—visible to otherusers onthe same domain. This helps you sync up with workspaces you can join and helps other users sharefilesand folders with you. Certain features let you make additional information available to others.
Workspace Admins . If you are a user of a workspace, your administratormayhave the ability to access and control your workspace account. Please refer to your organization’sinternal policies if you have questions about this. If you are not a workspace user but interactwith aworkspace user (by, for example, joining a shared folder or accessing stuff shared by that user),membersof that organization may be able to view the name, email address, profile picture, and IP addressthat was associated with your account at the time of that interaction.
Law & Order and the Public Interest . We may disclose yourinformation to third parties if we determine that such disclosure is reasonably necessary to: (a)comply with any applicable law, regulation, legal process, or appropriate government request; (b)protect any person from death or serious bodily injury; (c) prevent fraud or abuse of our platformor our users; (d) protect our rights, property, safety, or interest; or (e) perform a task carriedout in the public interest.
Stewardship of your data is critical to us and a responsibility that we embrace. We believe thatyour data should receive the same legal protections regardless of whether it’s stored on ourServices or on your home computer’s hard drive. We’ll abide by Government Request Policies whenreceiving, scrutinizing, and responding to government requests (including national securityrequests) for your data:
- Be transparent,
- Fight blanket requests,
- Protect all users, and
How
Security . We have a team dedicated to keeping your informationsecure and testing for vulnerabilities. We also continue to work on features to keep yourinformation safe in addition to things like blocking repeated login attempts, encryption of files atrest, and alerts when new devices and apps are linked to your account. We deploy automatedtechnologies to detect abusive behavior and content that may harm our Services, you, or other users.
User Controls . You can access, amend, download, and delete yourpersonal information by logging into your account.
Retention . When you sign up for an account with us, we’ll retaininformation you store on our Services for as long as your account is in existence or as long as weneed it to provide you the Services. If you delete your account, we will initiate deletion of thisinformation after 30 days. But please note: (1) there might be some latency in deleting thisinformation from our servers and back-up storage; and (2) we may retain this information ifnecessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Where
Around the world . To provide you with the Services, we maystore, process, and transmit information in the United States and locations around theworld—including those outside your country. Information may also be stored locally on the devicesyou use to access the Services.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield . Whentransferring data from the European Union, the European Economic Area, and Switzerland, We rely upona variety of legal mechanisms, including contracts with our customers and affiliates. We comply withthe EU-U.S. and Swiss–U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerceregarding the collection, use, and retention of personal information transferred from the EuropeanUnion, the European Economic Area, and Switzerland to the United States.
We are subject to oversight by the U.S. Federal Trade Commission. JAMS is the US-based independentorganization responsible for reviewing and resolving complaints about our Privacy Shieldcompliance—free of charge to you. We ask that you first submit any such complaints directly to usvia privacy@CountingWorks.com. If you aren’t satisfied with our response, please contact JAMS athttps://www.jamsadr.com/eu-us-privacy-shield .In the event your concern still isn’t addressed byJAMS, you may be entitled to a binding arbitration under Privacy Shield and its principles.
Changes
If we are involved in a reorganization, merger, acquisition, or sale of our assets, your informationmay be transferred as part of that deal.
We may revise this Privacy Policy from time to time, and will post the most current version on ourwebsite. If a revision meaningfully reduces your rights, we will notify you.
Your Right to Control and Access Your Information
You have control over your personal information and how it is collected, used, and shared. Forexample, you have a right to:
- Erase or delete all or some of Your Stuff in your portal account.
- Change or correct personal data. You can manage your account and the content contained in it, aswell as edit some of your personal data, through your portal account setting.
- Access and take your data. You can download a copy of Your Stuff in a machine readable format byvisiting the portal.
Contact
Your personal information is controlled by CountingWorks, Inc. Have questions or concerns aboutCountingWorks, our Services, and privacy? Contact our Data Protection Officer atprivacy@CountingWorks.com. If they can’t answer your question, you have the right to contact yourlocal data protection supervisory authority.
Third Party Vendors
Box.com
Google
Rackspace
DialogTech
Sendgrid
Amazon Web Services
Yext
MailGun
Bright Local
TransUnion
AccessibilityStatement
Updated: June 2020.
General
strives to ensure that its servicesareaccessible to people withdisabilities. has invested a significant amountofresources to help ensure that its website is madeeasier to use and more accessible for people with disabilities, with the strong belief that everyperson has the right to live with dignity, equality, comfort and independence.
Accessibility on
makes available the UserWay WebsiteAccessibilityWidget that is powered by a dedicatedaccessibility server. The software allows us to improve its compliance with the Web ContentAccessibility Guidelines (WCAG 2.1).
Enabling the Accessibility Menu
The accessibility menu can be enabled either by hitting the tab key when the page first loads or byclicking the accessibility menu icon that appears on the corner of the page. After triggering theaccessibility menu, please wait a moment for the accessibility menu to load in its entirety.
Disclaimer
continues its efforts toconstantly improvethe accessibility ofits site andservicesin the belief that it is our collective moral obligation to allow seamless, accessible andunhindered use also for those of us with disabilities.
In an ongoing effort to continually improve and remediate accessibility issues, we also regularlyscan with UserWay's AccessibilityScanner to identifyand fix every possibleaccessibility barrier on our site. Despite our efforts to make all pages and content onfully accessible, some content may not have yet been fully adapted to the strictest accessibilitystandards. This may be a result of not having found or identified the most appropriate technologicalsolution.
Here For You
If you are experiencing difficulty with any content on orrequire assistance with anypart of our site, please contact us during normal business hours as detailed below and we will behappy to assist.
Contact Us
If you wish to report an accessibility issue, have any questions or need assistance, please contact customer support.
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