UbiFul / Policies / Terms of Service Policy

Terms of Service Policy

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Posted: June 24, 2025

Effective: June 24, 2025

Thanks for using UbiFul!

These Terms of Service ("Terms") govern your use of UbiFul's websites, software, and related services ("Services") that support the collection, storage, processing, and organization of files and data to assist with bookkeeping and accounting-related reporting. By using our Services, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy.

1. Your Data & Permissions

When using our Services, you submit or share content including files, financial data, account information, and other materials ("Your Data") for bookkeeping and reporting purposes. You retain full ownership of Your Data. These Terms do not give us ownership of Your Data.

To operate the Services effectively, you grant us and our service providers permission to host, analyze, process, back up, organize, and display Your Data. This may include optical character recognition (OCR), metadata tagging, document classification, versioning, and summarization.

You also grant us permission to generate and store insights, metrics, or summaries derived from Your Data to help you manage your accounting tasks.

2. Use of Services

You may use UbiFul's Services only for lawful purposes related to bookkeeping, accounting, financial reporting, and business documentation.

You are responsible for ensuring that:

  1. Your Data does not violate intellectual property rights or privacy laws;
  2. You have all necessary permissions to share the data you submit;
  3. You maintain the confidentiality of your account credentials.

We may review submitted content for compliance with these Terms but do not guarantee to do so.

3. Data Confidentiality & Security

Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

We use commercially reasonable measures to safeguard Your Data. However, we recommend that you:

  1. Avoid submitting unnecessary sensitive personal information (e.g., social security numbers);
  2. Keep your account credentials confidential;
  3. Notify us immediately of any unauthorized access.

We may use third-party hosting providers and cloud services to support delivery and processing.

4. Beta Features

From time to time, we may offer early-access or beta tools (e.g., AI-generated reports or suggestions). These are provided "as-is" and may change or be removed at any time. Feedback on Beta Services is appreciated and may be used to improve the product.

5. Ownership of UbiFul Materials

All software, branding, documentation, and materials provided by UbiFul (excluding Your Data) are owned by UbiFul or its licensors. You may not copy, modify, reverse-engineer, or resell any part of the Services.

6. Termination & Access Suspension

We may suspend or terminate your access if:

  1. You violate these Terms;
  2. Your use poses a legal or operational risk;
  3. You have no active product or subscription;
  4. You are inactive for 12 months or more.

We won't provide notice before termination where:

You may terminate your use at any time. We'll provide reasonable notice (when feasible) if we discontinue Services, and we'll give you a chance to export your data.

  1. you're in material breach of these Terms,
  2. doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  3. we're prohibited from doing so by law

7. No Warranty

Our Services are provided "as is." We do not guarantee that our Services will be error-free, uninterrupted, or meet your specific requirements. We disclaim all warranties, including implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by law.

8. Limitation of Liability

To the extent permitted by law, UbiFul and its affiliates are not liable for:

  1. Indirect, incidental, or consequential damages;
  2. Loss of profits, business, or data;
  3. Claims exceeding the greater of $20 USD or the total paid by you in the past 12 months.

Certain consumer protections may apply based on your jurisdiction.

9. Dispute Resolution

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, UbiFul, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:

Before filing a formal complaint, please contact us at dispute-notice@ubiful.com. We will attempt to resolve disputes informally.

  1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
  2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

For users in the U.S., any disputes will be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You agree to waive any class-action rights. Exceptions include intellectual property claims or small claims court actions.

10. Governing Law

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT UbiFul OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, UbiFul, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. UbiFul AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

These Terms are governed by the laws of the State of Delaware, unless otherwise required by local consumer laws in your jurisdiction.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT PLAN WITH UbiFul.

11. Changes to These Terms

We may update these Terms due to legal, operational, or service-related reasons. You'll receive notice before changes take effect. If you disagree with an update, you may cancel your subscription and export your data.

12. Contact

Judicial Forum for Disputes. You and UbiFul agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Delaware, subject to the mandatory arbitration provisions below. Both you and UbiFul consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.

For questions or concerns, contact us at legal@ubiful.com.

© 2025 UbiFul

IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree to Arbitrate. You and UbiFul agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration 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 the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Delaware, or any other location we agree to.

Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. UbiFul will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. UbiFul will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate. Either you or UbiFul may assert claims, if they qualify, in small claims court in Delaware or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Delaware to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with us on an 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 attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.

Controlling Law

These Terms will be governed by Delaware law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and UbiFul with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

UbiFul's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. UbiFul may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

  1. changes to the law,
  2. new regulatory requirements, or
  3. 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'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 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. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.