Terms of Use

These Terms of Use (“Terms”) are a binding agreement between Cash In Control, LLC (“Cash In Control,” “we,” “us,” or “our”) and you, whether personally or on behalf of a business or organization (“Customer,” “you,” or “your”), when you use our website www.cashincontrol.com or create an account, subscribe to, or use the Service.

By creating an account, clicking to accept these Terms, subscribing to the Service, or using the Service, you agree to these Terms. If you are using the Service on behalf of a business or organization, you represent that you are authorized to bind that business or organization to these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. The Service

Cash In Control provides this website and a software-as-a-service cash flow forecasting and monitoring platform that allows authorized business owners and administrators to connect QuickBooks, upload accounting files, and generate AI-assisted financial reports, insights, and recommendations based on Customer’s accounting information (the “Service”).

The Service is designed to help business users better understand their financial information. It is not a system of record, payroll system, accounting firm, financial adviser, law firm, CPA, or outsourced CFO service.

2. Eligibility and Accounts

Access to any part of the Service is available only to registered users. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us promptly at contact@cashincontrol.com if you believe your account has been compromised. You may not share login credentials with unauthorized users or allow anyone other than authorized owners or administrators to access the Service.

The Service is intended only for use within the United States and by authorized users, owners, and administrators who are at least 18 years old.

3. Subscriptions, Fees, Taxes, and Payment

The Service is offered through monthly subscription plans. Subscriptions automatically renew each month unless canceled before the next renewal date. Cancellations will take effect at the end of the then-current billing period. Fees are non-refundable, and we do not provide credits or prorated refunds for partial billing periods, unused features, or unused subscription time.

You authorize us and our third-party payment processor to charge the payment method you provide for subscription fees and applicable taxes. If payment is not received when due, we may suspend or terminate access to the Service.

4. QuickBooks Connection and File Uploads

The Service may allow you to connect your QuickBooks account through an authorized connection or to upload accounting files manually. By connecting QuickBooks or uploading files, you authorize us and our service providers to access, import, host, process, analyze, transmit, and display the information you provide or authorize for the purpose of providing the Service.

If you disconnect QuickBooks, the Service will stop importing future QuickBooks data. Disconnecting QuickBooks does not automatically delete information previously imported into the Service.

You are responsible for maintaining your QuickBooks account, your authorization settings, and the accuracy and completeness of the accounting data and uploaded files you provide.

5. Customer Data

“Customer Data” means information, files, records, data, and materials that you or your authorized users submit, connect, or otherwise make available through the Service, including QuickBooks data, uploaded accounting files, and other accounting or business information.

You grant Cash In Control a license to host, access, use, process, analyze, transmit, display, and disclose Customer Data as necessary to provide, secure, support, maintain, and operate the Service, comply with law, and enforce these Terms.

You represent and warrant that you have all rights, permissions, notices, and consents necessary to provide Customer Data to the Service and to permit us and our service providers to process Customer Data as described in these Terms and our Privacy Policy.

You are responsible for providing any legally required notices to, and obtaining any legally required consents from, employees, contractors, vendors, customers, and other individuals whose information appears in Customer Data.

6. AI-Assisted Reports and Recommendations

The Service uses AI-enabled tools to assist in generating reports, insights, and recommendations from Customer Data. You are responsible for reviewing all outputs before using or relying on them.

The Service and its outputs are provided for informational business purposes only. They do not constitute accounting, tax, legal, investment, audit, payroll, financing, credit, insurance, or other professional advice. You should consult qualified professionals before making business, financial, legal, or other important decisions.

You may not use the Service or any output from the Service as the sole basis for decisions that have legal or similarly significant effects on individuals, including decisions regarding employment, compensation, credit, lending, insurance, housing, benefits, eligibility, or access to services.

We do not use Customer Data, QuickBooks data, uploaded files, or Service outputs to train or improve AI models, and we do not permit our service providers to use that data to train their general-purpose AI models.

7. License

Subject to your compliance with these Terms and payment of applicable fees, we grant Customer a limited, non-exclusive, non-transferable, non-sub-licensable, revocable right to access and use the Service during the subscription term for Customer’s internal business purposes.

No rights are granted except as expressly stated in these Terms.

8. Prohibited Uses

You may not, and may not permit anyone else to:

• use the Service for unlawful, fraudulent, deceptive, harmful, or abusive purposes;

• access or use the Service other than as expressly permitted by these Terms;

• reverse engineer, decompile, disassemble, copy, modify, or create derivative works of the Service;

• scrape, crawl, harvest, or bulk extract data from the Service;

• attempt to discover, extract, or replicate models, prompts, workflows, source code, algorithms, or nonpublic system information;

• interfere with, disrupt, overload, or compromise the Service or related systems;

• probe, scan, or test the vulnerability of the Service without our prior written permission;

• bypass usage limits, authentication, security, or access controls;

• upload malware, harmful code, viruses, Trojan horses, worms, time bombs, cancelbots, or any software or code that damages the Service or related systems;

• upload content that infringes or violates the rights of others;

• use the Service to develop or improve a competing product or service;

• use the Service for employment, credit, lending, insurance, housing, benefits, or eligibility decisions concerning individuals;

• use any material or information made available through the Service in any manner that infringes intellectual property rights including any copyright, trademark, patent, trade secret or other;

• upload or process information that is not reasonably necessary for use of the Service;

• upload health information, children’s information, government identification numbers, payment card numbers, or other highly sensitive information unless expressly authorized by us in writing; or

• use the Service in a manner that violates QuickBooks, Intuit, or other third-party terms that apply to Customer.

9. Third-Party Services

The Service may depend on or interoperate with third-party services, including QuickBooks/Intuit, hosting providers, AI processing providers, payment processors, analytics providers, and other vendors.

We do not control third-party services and are not responsible for their availability, security, functionality, data practices, terms, or performance.

The Service may be affected if QuickBooks, Intuit, or another third-party service alters access; if Customer revokes authorization; or if third-party systems become unavailable.

10. Privacy and Data Processing

Our collection and use of personal information is described in our Privacy Policy, available at www.cashincontrol.com/privacy. The Privacy Policy is incorporated into these Terms by reference.

Customer Data may include personal information about Customer’s owners, employees, contractors, vendors, customers, or other individuals. Customer is responsible for determining whether it may lawfully provide that information to the Service.

We will maintain certain data that you transmit to us for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

11. Security

You are responsible for using secure credentials, limiting access to authorized users, maintaining the security of your systems, and promptly notifying us of suspected unauthorized access.

12. Suspension and Termination

We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse service or terminate the Service at any time, and may immediately suspend or terminate your account(if any) and block any and all current or future access to and use of the Service (or any portion thereof),without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to:

• Customer fails to pay fees when due;

• Customer breaches these Terms;

• Customer’s use creates a security, legal, operational, or reputational risk;

• we suspect unauthorized, fraudulent, or abusive activity;

• continued access may violate law or third-party rights;

• a third-party service necessary for the Service becomes unavailable; or

• we discontinue the Service.

Customer may terminate by canceling its subscription. Cancellation takes effect at the end of the then-current billing period.

In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account (although residual copies of information may remain in our system). After termination, we may delete Customer Data according to our standard deletion practices, subject to backups, legal retention requirements, billing records, security logs, and other legitimate business or legal needs.

We may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including changing the fee for the use of certain services. In addition, we may, from time to time, perform Service maintenance resulting in interrupted service.

13. Disclaimers

THE SERVICE AND ALL REPORTS, RECOMMENDATIONS, OUTPUTS, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASH IN CONTROL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, AND ERROR-FREE OPERATION.

CASH IN CONTROL DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, SECURE, ERROR-FREE, OR SUITABLE FOR CUSTOMER’S PARTICULAR NEEDS.

CUSTOMER IS RESPONSIBLE FOR VERIFYING ALL OUTPUTS AND FOR ALL CUSTOMER DECISIONS, ACTIONS, AND OMISSIONS BASED ON USE OF THE SERVICE.

14. Customer Indemnification

Customer will defend, indemnify, and hold harmless Cash In Control and its officers, directors, employees, contractors, service providers, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Customer Data;

• Customer’s use or misuse of the Service;

• Customer’s breach of these Terms;

• Customer’s violation of law or third-party rights;

• Customer’s failure to obtain required notices, rights, permissions, or consents;

• Customer’s QuickBooks connection or uploaded files;

• Customer’s use of reports, recommendations, or outputs; or

• Unauthorized access to the Service caused by Customer or its users.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASH IN CONTROL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ERRORS IN CUSTOMER DATA OR OUTPUTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASH IN CONTROL’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO CASH IN CONTROL FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Changes to These Terms

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

17. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

18. Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

The arbitration will take place in Los Angeles County, California, unless the parties agree otherwise. The arbitrator may award any relief that would be available in court, except that the arbitrator may not preside over any class, collective, consolidated, or representative proceeding.

CUSTOMER AND CASH IN CONTROL EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED PROCEEDING.

Customer and Cash In Control each waive the right to a jury trial.

Either party may bring an individual claim in small claims court if the claim qualifies. Either party may also seek temporary or preliminary injunctive relief in court to protect intellectual property, Confidential Information, data security, or unauthorized use of the Service.

If any part of this arbitration provision is found unenforceable, the remaining portions will remain in effect to the maximum extent permitted by law. If arbitration is unavailable or unenforceable for a particular claim, that claim must be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to those courts’ jurisdiction and venue.

19. General Terms

Customer may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets.

These Terms, together with the Privacy Policy and any applicable checkout or subscription terms, are the entire agreement between Customer and Cash In Control regarding the Service.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce any provision is not a waiver of our right to do so later and does not limit our right to enforce other provisions.

Headings are for convenience only and do not affect interpretation.

20. Contact

For legal notices or questions about these Terms, contact us at:

Cash In Control, LLC

Email: contact@cashincontrol.com