Terms of Service

1. Definitions

The following terms have specific meanings throughout these Terms of Service:

2. Eligibility

2.1 Age and Capacity

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements.

2.2 Professional Use

The Service is designed for professional use by accountants, bookkeepers, CPA firms, and financial professionals. By using the Service, you represent that you:

• Are using the Service for legitimate business purposes
• Have the necessary professional knowledge to review and verify transaction categorizations
• Have proper authorization to process financial data on behalf of your clients
• Will comply with all applicable professional standards and regulations

2.3 Geographic Restrictions

The Service is currently available only to users located in the United States. By using the Service, you represent that you are accessing it from within the United States and that your use complies with all applicable U.S. federal, state, and local laws.

3. Description of Service

3.1 Core Features

Bookmonstic is a web-based accounting automation platform that provides the following features:

3.2 Service Limitations

The Service is subject to certain limitations:

• Maximum file size: 200MB per upload
• Supported file formats: PDF, CSV, XLSX, XLS
• Processing capacity may be limited during high-demand periods
• AI categorization accuracy is not guaranteed (see Section 8)

3.3 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes that may affect their use of the Service.

4. User Accounts

4.1 Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Use a valid email address that you regularly monitor
• Create a strong password meeting our security requirements

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account is logged out when using shared devices

4.3 Sub-User Accounts

Primary account holders may create sub-user accounts for team members. By creating sub-user accounts, you:

• Accept full responsibility for all actions taken by sub-users
• Agree that sub-users are bound by these Terms
• Acknowledge that you are responsible for managing sub-user permissions
• Understand that sub-user activities may incur charges to your account

4.4 Account Suspension

We reserve the right to suspend or restrict access to your account if we reasonably believe there has been a security breach, violation of these Terms, or other suspicious activity. We will attempt to notify you before or promptly after any such suspension.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Processing financial documents for legitimate accounting purposes
• Categorizing transactions for clients you are authorized to represent
• Generating export files for import into accounting software
• Managing client data and categorization rules

5.2 Prohibited Conduct

You agree NOT to:

5.3 Data Processing Requirements

When processing financial data through the Service, you represent and warrant that you have obtained all necessary consents and authorizations from data subjects, and that your use of the Service complies with all applicable privacy and data protection laws.

6. Payment Terms

6.1 Pricing and Fees

Certain features of the Service require payment. All applicable fees are displayed before you complete a purchase. Prices are stated in U.S. dollars and are subject to change with notice. We reserve the right to:

• Modify pricing with 30 days' notice to existing customers
• Offer promotional pricing or discounts at our discretion
• Charge different rates for different service tiers or features

6.2 Payment Processing

All payments are processed securely through Stripe, Inc., our third-party payment processor. By making a purchase, you:

• Agree to Stripe's Terms of Service
• Authorize us to charge your selected payment method
• Confirm that you are authorized to use the payment method
• Acknowledge that we do not store your full payment card information

6.3 Billing and Invoices

For each successful transaction, you will receive an electronic receipt via email. Transaction history is also available in your account dashboard. You are responsible for maintaining accurate billing information.

6.4 Refund Policy

To request a refund, contact us within 7 days of the transaction with your transaction ID and reason for the request.

6.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes associated with your use of the Service, including sales tax, use tax, or value-added tax, as applicable in your jurisdiction.

7. Your Data & Content

7.1 Ownership of Your Data

You retain all ownership rights to the User Content you upload to the Service. We do not claim any ownership interest in your financial data, documents, or other content you provide. Your data remains yours.

7.2 License Grant

By uploading User Content to the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Process, analyze, and categorize your data to provide the Service
• Generate Output based on your User Content
• Store your data temporarily as necessary for Service functionality
• Create anonymized, aggregated data for service improvement (with no personally identifiable information)

This license terminates when you delete your content or close your account, except for anonymized data that cannot be traced back to you.

7.3 Your Responsibilities

You are solely responsible for:

• The accuracy and legality of all User Content you upload
• Ensuring you have the right to process data belonging to third parties
• Reviewing and verifying all Output before use in your accounting systems
• Maintaining your own backups of important data
• Complying with your professional obligations regarding client data

7.4 Data Retention

Please refer to our Privacy Policy for detailed information about how we retain and handle your data. Key points:

• Uploaded files are automatically deleted within 24 hours of processing
• Your account data, rules, and client information are retained until you delete them or close your account
• We do not maintain long-term archives of your financial documents

7.5 Data Export

You may export your data (clients, rules, chart of accounts) at any time through your account settings. Upon account termination, you will have 30 days to request a data export before your data is permanently deleted.

8. AI-Powered Features

8.1 How AI Categorization Works

Our AI-powered categorization system analyzes transaction descriptions and suggests appropriate accounts from your Chart of Accounts. The system uses:

• Machine learning models trained on accounting patterns
• Your historical categorization rules and preferences
• Business context and industry information
• Third-party data sources for vendor identification

8.2 AI Limitations and Disclaimers

You acknowledge and agree that:

• No Guarantee of Accuracy: AI suggestions may be incorrect, incomplete, or inappropriate for your specific situation
• Not Professional Advice: AI suggestions do not constitute accounting, tax, legal, or financial advice
• Human Review Required: All AI-generated categorizations must be reviewed by a qualified professional before use
• Learning System: AI performance may vary and is continuously being improved
• Context Limitations: AI cannot understand unique business circumstances that may affect categorization

8.3 Your Responsibility

8.4 AI Data Usage

Transaction descriptions may be processed by third-party AI services (Google Gemini) to generate categorization suggestions. We take measures to anonymize and protect this data, but you acknowledge that some data processing occurs outside our direct systems. No personally identifiable information or full account numbers are sent to AI services.

9. Third-Party Integrations

9.1 Export File Compatibility

The Service generates export files formatted for import into third-party accounting software, including:

• QuickBooks Desktop (Intuit)
• QuickBooks Online (Intuit)
• Xero

9.2 Third-Party Disclaimers

9.3 Your Responsibility

Before importing export files into your accounting software, you should:

• Create a backup of your accounting data
• Review the export file for accuracy
• Test imports in a sandbox or test company if available
• Verify imported transactions match your expectations

9.4 Third-Party Services

Our Service integrates with third-party services (see our Privacy Policy for details). Your use of these integrated services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or reliability of third-party services.

10. Service Availability

10.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Technical failures or infrastructure issues
• Factors beyond our reasonable control

10.2 No Service Level Agreement

Unless otherwise agreed in writing, we do not provide a formal Service Level Agreement (SLA) with guaranteed uptime percentages or response times. The Service is provided on an "as available" basis.

10.3 Support

We provide customer support via email during regular business hours. Response times may vary based on inquiry volume and complexity. We are not obligated to provide support for issues arising from misuse, unauthorized modifications, or factors outside our control.

11. Intellectual Property

11.1 Our Intellectual Property

The Service, including its software, algorithms, user interface, design, logos, trademarks, and all related content, is owned by Bookmonstic and is protected by copyright, trademark, patent, and other intellectual property laws. You may not:

• Copy, modify, or distribute any part of the Service
• Reverse engineer, decompile, or disassemble the software
• Create derivative works based on the Service
• Use our trademarks without prior written permission
• Remove or alter any proprietary notices or labels

11.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to sublicense or resell access to the Service.

11.3 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without compensation or attribution to you.

12. Disclaimer of Warranties

12.1 AI and Categorization Disclaimer

12.2 Not Professional Advice

BOOKMONSTIC IS NOT AN ACCOUNTING FIRM, TAX ADVISOR, OR FINANCIAL ADVISOR. The Service is a software tool designed to assist accounting professionals. Nothing in the Service constitutes:

• Professional accounting advice
• Tax advice or tax preparation services
• Legal advice
• Financial planning or investment advice
• Audit or assurance services

12.3 Export File Disclaimer

Export files are generated based on the data and categorizations you provide. We do not warrant that export files will be free from errors, compatible with all versions of third-party software, or suitable for any particular purpose. You must verify all exported data before importing it into your accounting systems.

13. Limitation of Liability

13.1 Liability Cap

OUR TOTAL AGGREGATE LIABILITY to you for all claims arising from or related to the Service or these Terms shall not exceed the greater of:

• The total amount you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim; or
• One hundred U.S. dollars ($100.00)

13.2 Basis of the Bargain

You acknowledge that the fees charged for the Service reflect the allocation of risk set forth in these Terms and that we would not provide the Service without these limitations of liability.

13.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for death, personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bookmonstic and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any User Content you upload or submit to the Service
• Any claims by your clients or other third parties related to your use of the Service
• Your failure to obtain proper authorizations for data you process

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination:

• Your right to access the Service will immediately cease
• You will have 30 days to export your data before permanent deletion
• No refunds will be provided for unused portions of prepaid services

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent, illegal, or abusive activity
• Non-payment of fees
• Extended period of inactivity (12+ months)
• Request by law enforcement or government agency
• Discontinuation of the Service

15.3 Effect of Termination

Upon termination, regardless of cause:

• All licenses granted to you will immediately terminate
• You must cease all use of the Service
• Sections that by their nature should survive will remain in effect (including Sections 7, 12, 13, 14, and 16)

15.4 Data After Termination

Following termination, we will retain your data for 30 days to allow for data export requests. After this period, your data will be permanently deleted, except for anonymized data and records we are required to retain by law.

16. Dispute Resolution

16.1 Governing Law

These Terms and any dispute arising from or related to the Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

16.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve any dispute informally. Most concerns can be resolved quickly through our customer support. We will make good-faith efforts to resolve any dispute within 30 days of receiving your written notice.

16.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising from or related to these Terms or the Service shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted:

• In English
• In San Francisco, California, or remotely at the arbitrator's discretion
• By a single arbitrator selected in accordance with AAA rules
• With each party bearing its own costs, except as otherwise required by law

16.4 Class Action Waiver

16.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Bookmonstic regarding the Service and supersede all prior agreements, understandings, and communications.

17.2 Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. For significant changes, we may also notify you via email. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

17.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. These Terms will bind and benefit any permitted successors and assigns.

17.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, power failures, internet disruptions, or government actions.

17.7 Notices

All notices to us must be sent to the email address provided in Section 18. Notices to you will be sent to the email address associated with your account. Notice is deemed given when sent, provided no delivery failure notification is received.

17.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Bookmonstic. Neither party has authority to bind the other or incur obligations on the other's behalf.

18. Contact Information

If you have questions, concerns, or feedback about these Terms or the Service, please contact us:

We aim to respond to all inquiries within 5 business days.