Terms

Terms of Service

Last Modified: January 2014

Acceptance of Terms of Service

Welcome to the website of Billy accounting software ("the Company", "we" or "us"). The following terms and conditions (together with any documents referred to within them) (collectively, these "Terms of Service") apply to your use of www.BillyApp.com, including any content, successor website(s), software, functionality or services offered on or through www.BillyApp.com, including the billing and accounting software program commonly known as Billy (collectively, "the Website"), whether as a guest or a registered user. The software and services we provide through the Website, including the billing and accounting software program commonly known as Billy, are hereinafter sometimes referred to as "the Services.”

Please read these Terms of Service carefully before you start to use the site. By using the Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://BillyApp.com/terms, incorporated here by reference. If you do not wish to agree to these Terms of Service or the Privacy Policy, you must exit the Website. The Terms of Service apply to you regardless of whether you use the Website as a registered user of the Services or as an API developer, or use the Website in any other way.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time, at our sole discretion. You are expected to check this page from time to time to take notice of any changes we may make, as they are binding upon you. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the revisions.

Accessing the Website and Account Security

By using this Website (including the Services), you represent and warrant that you are of legal age to form a binding contract with the Company.

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, at our sole discretion and without notice. We may not be held liable if, for any reason, all or any part of the Website or Service is unavailable at any time, or for any period. From time to time, we may restrict access to some parts of the Website or Service, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to be granted access to the Website.

You are responsible for ensuring that all persons who access the Website (including the Services) through your internet connection are aware of these Terms of Service, and that they comply with them.

To access the Website or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other item of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should exercise particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time and at our sole discretion, for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all Services, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:

  • Store copies of such materials temporarily in RAM.
  • Store files that are automatically cached by your Web browser for display enhancement purposes.
  • Print a reasonable number of pages of the Website for a permitted use, and view, copy and print the portions of the content available to you through the Services.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • You must not reproduce, sell or exploit for any commercial purpose any part of the Website or Services, access to the Website or use of the Website, or any Services or materials available through the Website.
  • If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No right, title or interest in or to the Website or any content on the site (including the Services) is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website (including the Services) not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Our Limited License of Services to You

The Company grants you a limited, revocable, non-exclusive, non-sub-licensable license to access and use the Services, and to view, copy and print the portions of the content available to you through the Services. You represent and warrant that your use of the Services and the content available to you through the Services will be consistent with this license and will not infringe or violate the rights of any other party, or breach any contract or legal duty to any other parties, or violate any applicable law.

Termination of License; Inactive Accounts

You and the Company may terminate your use of the Services at any time. If you terminate your use of the Services, you must pay all fees and charges applicable for the balance of the then-applicable billing period (if your billing is monthly, we will pro-rate your account to the nearest month-end after termination). If your account is inactive for 12 months, we may deactivate it. Deactivated and terminated accounts cannot be restored.

Company Trademarks

The company name, the term “Billy,” the company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website (including the Services), or which, as determined by us, may harm the Company or users of the Website (including the Services) or expose them to liability.

Additionally, you agree not to:

  • Use the Website (including the Services) in any manner that could disable, overburden, damage, or impair the site, or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy, any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website (including the Services), the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website (including the Services) via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website (including the Services).

User Contributions

The Website may contain message boards, chat rooms, platforms for feedback and reviews, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") which allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to any User Contribution you post, and have the right to grant the Company and its affiliates the license granted above.

You represent and warrant that all of your User Contributions do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles or responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

By posting or distributing User Contributions, you grant the Company the non-exclusive, royalty-free, transferable right to use, sell, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Contributions.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason, at our sole discretion.
  • Take any action with respect to any User Contribution which we deem necessary or appropriate, at our sole discretion, if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right, threatens the personal safety of users of the Website or the public, or could result in liability for the Company.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including and without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate your access to all or part of the Website or the services offered through the Website for any or no reason, including and without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.

Content Standards

These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety, or be likely to upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website (including the Services) is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by any other visitor to the Website (including the Services), or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may change the Website at any time, with or without notice. We may suspend access to the Website, or close it indefinitely.

Information about You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information, in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Fees and Taxes

Fees and any other charges for the use of the Website (including the Services) are described on the Website. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Website (including the Services) after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Billy API

If you are an API developer and not otherwise a registered user of the Services, the Terms of Service apply to you, as stated above.

The Company grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Billy API. Your limited license to use the Billy API is subject to, and must be in compliance with, these Terms of Service.

The Company has no responsibility or liability to any person for any use or misuse of services obtained through the Billy API. If you give an API developer access to your content and information, you do so entirely at your own risk. The Company may monitor your use of the Billy API for any reason.

The Company may terminate the use of the Billy API at any time.

Backups

You are responsible for making regular backups (electronic and/or physical backups) of any and all of your user specific content, including but not limited to data, information, content, etc., which you have provided or posted through the Services or the Website (“User-Specific Content”). The Company does not make any such backups and is not responsible for backing up User-Specific Content or for any loss of same.

Geographic Restrictions

The owner of the Website is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE (INCLUDING THE SERVICES). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Service or your use of the Website, including, without limitation, any use of the Website's content, Services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of these Terms of Service by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service, including the Privacy Policy, constitute the sole and entire agreement between you and the Company with respect to the Website and all Services and items offered through the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and all Services and items offered through the Website.

Your Comments and Concerns

This Website is operated by Billy Inc., 220 NW 8th Ave, Portland, OR 97209

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@BillyApp.com.

Thank you for visiting the Website.