Terms of Service

AccountEdge Pro End User License Agreement and Terms of Service

This is an agreement (the “Agreement”) between you, the end user, and ACCLIVITY GROUP LLC. “Software” is defined as the ACCLIVITY computer program and user documentation that is included with this Agreement and any updates or maintenance releases related thereto. By installing and/or using this Software you agree to become bound by the terms of this agreement, including the Terms of Service, included herein, for optional add-on services. Do not use the Software until you have carefully read this Agreement. Included with the Software is software provided by Aatrix Software, Inc., (“Aatrix Module”). By using the Aatrix Module you also agree to become bound by the terms of the “Aatrix End User License Agreement” provided with the Aatrix Module and further, you agree that your use of the Aatrix Module is limited to a term of one year from the date you register with ACCLIVITY to use the Aatrix Module.

IF YOU AGREE WITH THE TERMS OF THIS AGREEMENT, CLICK THE “ACCEPT” or “AGREE” BUTTON WHILE INSTALLING THIS SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER.

This Software is protected by copyright laws and international treaties and may only be used in accordance with the License terms and conditions.

TRIAL VERSION SOFTWARE LIMITATION If this Software is a trial version it has restrictions on its use and is intended to be used only for evaluation purposes. This software may be used for 30 days as of the first time you run the software. Upon lapse of such period the software will disable automatically. If you wish to use the software after the tryout period, you need to purchase and activate a Commercial License for continued use. Upon your purchase of the full version Software product license and acceptance of the terms and conditions of the software license agreement accompanying the full version software product, the restrictions in this paragraph (Trial Version Software Limitation) shall no longer apply, but the remainder of this Software License Agreement shall remain in full force and effect, and in the event there is any conflict between this Agreement and the full version software license agreement, the full version software license agreement shall control.

LICENSE Subject to the terms of this Agreement, ACCLIVITY GROUP LLC grants to you, the original purchaser, a royalty-free, non-transferable (except as specified below), non-exclusive License (the “License”) to use the Software, unless otherwise agreed to in writing by ACCLIVITY as follows:

Numbers of Users

Updates and Upgrades. In the event of an upgrade, update or product exchange, the license hereby granted shall automatically transfer to the new version or product. All rights in respect of the original product shall lapse and no further use of these shall be permitted.

Archive Copies. You may not copy or duplicate the Software, except as necessary solely for archival purposes, Software error verification, or to replace defective storage media, provided you keep the original and the copies. You may not alter, decompile, or disassemble the Software. You may make copies of the user documentation up to but not exceeding the number of multi-user licenses you have purchased.

Copies. You may not copy or duplicate the Software or this Trial Version Software and distribute it to others for their evaluation, except as necessary solely for archival purposes, program error verification, or to replace defective storage media. You agree to retain the Software and all such copies in your possession.

Restrictions Transfer. You may not lease, sublicense (including offering the Software to third parties by means of ASP/Terminal Servers/Web Client or other means of Remote Access), rent, lend, distribute or otherwise transfer or assign the Software, Licenses, Additional Licenses, Product Updates, Payroll Tax Updates or any lawful copies thereof, except that you may transfer all of your rights and interest in and to the Software, including any upgrades and additional licenses purchased, to a single person or entity (“Transferee”), provided that (i) you either transfer to the Transferee any and all copies you may have made or destroyed said copies upon transfer of the Software, so that you retain no copies, (ii) that you transfer to the Transferee any and all manual(s) which were provided by ACCLIVITY pertaining to the Software, (iii) the Transferee agrees to be bound by the terms of the Agreement, and (iv) you notify ACCLIVITY in writing of such transfer, and provide the name and address of the Transferee.

Term and Termination. The License is effective until terminated. You may terminate the License at any time by removing the Software from your computer and destroying any copies you have of the Software. The License is automatically terminated if you violate any portion of this Agreement. You agree upon any such termination to destroy the Software together with all copies. Upon termination, there will be no refund of any monies paid by you. Termination of this License shall be in addition to and not in lieu of any other remedies available to ACCLIVITY.

Protection and Security. You agree to use your best endeavors and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person has access to the Product and that there is no unauthorized copying or distribution of the Software or user documentation.

PROPRIETARY RIGHTS Title, ownership and intellectual property rights in the Licensed Program and Product shall remain solely in ACCLIVITY or such other third party from whom ACCLIVITY derives its rights. Customer acknowledges such title, ownership and intellectual property rights, and further agrees that it will not take any action to jeopardize, limit or interfere in any manner with ACCLIVITY’s or any third party’s superior rights. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Licensed Program and Product is the property of the applicable content owner and are protected by applicable law. The limited license granted hereunder gives Customer no rights to such content.

RESTRICTIONS Except as otherwise expressly permitted in this Agreement, Customer may not: (i) modify or create any derivative works of any Software or the Documentation, including translation or localization (Customer’s code written to published APIs (application programming interfaces) for the Software shall not be deemed to be derivative works; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the Source Code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to the Software; (iv) copy the Software or Documentation (copies shall contain all the notices regarding proprietary rights that were contained in the Software originally delivered by Customer); (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; (vi) modify any header files or class libraries in any Software; (vii) create or alter tables or reports relating to the database portion of the Software (except as necessary for operating the Software); (viii) publish any results of benchmark tests run on any Software to a third party without ACCLIVITY’s prior written consent; (ix) use the database provided for use with any Software except in conjunction with the relevant Software; or (x) use any Software on a system with more CPUs than the number licensed, by more Users than have been licensed, on more computers than the number licensed, or by more developers than the number licensed, as applicable.

ACCLIVITY RIGHT TO WORK PRODUCT All Intellectual Property, in all media and forms of expression and communications now known or later developed, and any derivatives or improvements thereto shall at all times remain the exclusive property of ACCLIVITY. All New Versions, Error corrections, Updates, Documentation, training materials, computer media and other tangible work product, and ideas, concepts, know-how and techniques related thereto (collectively the “work product”), and any other Intellectual Property created by ACCLIVITY in connection with the support services provided to Customer under the terms of this Agreement, is and shall remain the exclusive property of ACCLIVITY or its creator(s), regardless of whether Customer, its employees or agents may have contributed to the conception, joined in its development or have paid ACCLIVITY for the development or its use. The foregoing shall be effective as to each item created by ACCLIVITY as of the moment such item is fixed in a tangible medium whether or not complete including works in progress. Upon ACCLIVITY’s request, Customer shall execute and deliver such instruments of transfer and other documents to effect, complete and confirm such assignment and further agrees to take all appropriate steps to secure for ACCLIVITY the rights and benefits of ACCLIVITY in such Intellectual Property.

UPDATES AND CONTINUING FULFILLMENT. If ACCLIVITY elects, in its sole discretion, to produce subsequent updates and revisions to the Software (collectively, “Product Updates”), you may receive such Product Updates as they become available for your licensed version of the software. Payroll Tax Updates which include changes to payroll tax, withholding calculations, and payroll tax tables are provided as a service and additional fees apply for such payroll service. Updates are delivered online. All Updates are subject to the terms of this License.

ACCOUNTEDGE HOSTED is an optional add-on service whereby you access AccountEdge via a Virtual Desktop provided by our partner, Apps4Rent. As such, both ACCLIVITY and Apps4Rent have limited, controlled access to your registration information and resulting credentials. Acceptance of the terms of this License implies acceptance of the Apps4Rent Terms of Service.

NOT COMPATIBLE WITH macOS 10.15 CATALINA OR LATER ACCLIVITY makes no claims to update AccountEdge to be natively compatible with macOS Catalina or later.

COPYRIGHT PROTECTION. Except as set forth in “LICENSE” above, you may not copy or use the Software, and any copy that you make as permitted by this Agreement must contain the same copyright and other intellectual property notices that appear on or in the Software. The Software is protected by United States and International copyright or other intellectual property law. ANY USE OF THE SOFTWARE, EXCEPT AS EXPRESSLY PERMITTED IN THIS LICENSE AGREEMENT, MAY SUBJECT YOU TO CIVIL DAMAGES AND LEGAL FEES, AND MAY BE A SERIOUS CRIME.

CONFIDENTIALITY. The Software constitutes Confidential Information and contains trade secrets of ACCLIVITY. You are not permitted to disclose the Software to any third party except in accordance with this Agreement. You may not reverse engineer, disassemble, or decompile the Software, payroll tax tables or other related files, or otherwise attempt to discover the source code of the Software.

TRADEMARKS. Trademarks shall be used in accordance with trademark law, including identification of trademark owners’ goods and services. Trademarks can only be used to identify printed output produced by the Software, and such use does not give you any rights of ownership in that trademark.

TAX TABLES. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PAYROLL TAX TABLES AND SALES TAX TABLES (“TAX TABLES”) WHETHER PROVIDED BY ACCLIVITY OR OTHERS, TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE TAX TABLES AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE TAX TABLES. ACCLIVITY DISCLAIMS ANY WARRANTY OR CONDITION THAT THE FUNCTIONS CONTAINED IN THE TAX TABLES WILL MEET YOUR REQUIREMENTS OR THAT THE TAX TABLES OR THE OPERATION OF THE TAX TABLES WILL BE INTERRUPTION OR ERROR FREE.

PROFESSIONAL ADVICE. ACCLIVITY IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE OR SERVICE. IF LEGAL ADVICE, OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. IT IS YOUR RESPONSIBILITY TO KEEP INFORMED OF ACCOUNTING, TAX, AND/OR PAYROLL CHANGES THAT MAY AFFECT YOU AND TO ENSURE THAT YOU FOLLOW THESE CHANGES.

DISCLAIMER OF WARRANTIES. ACCLIVITY DISCLAIMS ANY AND ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE AND RELATED MATERIALS ARE PROVIDED “AS IS”. ACCLIVITY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT THE PRODUCT IS FREE OF VIRUSES OR ERRORS OR WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ACCLIVITY DISCLAIMS ANY WARRANTY AS TO THE PERFORMANCE OF THE SOFTWARE OR AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE. THE ENTIRE RISK AS TO THE INSTALLATION, USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. IT IS YOUR RESPONSIBILITY TO VERIFY THE RESULTS OBTAINED FROM USE OF THE SOFTWARE.

Some jurisdictions do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary. This disclaimer of warranties and the limitation of liability below shall not be modified, diminished or affected by, and no obligation or liability will arise or grow out of the rendering of technical, programming, or other advice or service, or the provision of support for the Software by ACCLIVITY.

LIMITATION OF REMEDIES. ACCLIVITY’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF ANY DEFECTIVE MEDIA (SUCH AS CD-ROM) RETURNED BY YOU TO ACCLIVITY WITH PROOF OF PURCHASE DURING THE 30-DAY LIMITED WARRANTY PERIOD, AS SET FORTH ABOVE. IN NO EVENT WILL ACCLIVITY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, DATA, PROFITS OR SAVINGS) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE EVEN IF ACCLIVITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ACCLIVITY ARISING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE EXCEED THE FEE PAID BY YOU FOR THIS LICENSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

AMENDMENT. ACCLIVITY has the right to change the terms of this Agreement at any time. Your continued use of the software after such changes constitutes your acceptance of this or a modified End User License Agreement. Please regularly review the Terms of Service available on the Acclivity web site for amendments, changes and additional terms. ACCLIVITY also has the right to change, delete, remove, discontinue or change any feature, function, service or software at any time. Prices of the software, services and support may be changed at any time.

GENERAL. This Agreement will inure to the benefit of ACCLIVITY, its successors, and assigns and will be construed under the laws of the State of New Jersey, USA, except for that body of laws dealing with conflict of laws. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted and the remainder will remain in full force. This Agreement is the entire agreement between you and ACCLIVITY in respect of the Software.

PRIVACY. The Acclivity Privacy Policy can be found on www.accountedge.com/privacy. During product registration and activation, personal identifiable information is sent to Acclivity including your contact information. Acclivity may record, but not share, the following AccountEdge information, including: (a) serial number, (b) computer operating system, (c) product version, (d) feature usage as demonstrated by the number of clicks on the respective AccountEdge modules, last transaction dates and number of records. Acclivity does not have access to your data file, nor does it collect information about financial performance or any personally identifiable information about your customers, vendors or employees. Please review our Privacy Policy prior installing the software.

Acclivity Software License Agreement

Notice Specific To Software Available On the ACCLIVITY Website: Any software downloaded from this website is governed by the terms of the End User License agreement (EULA), which accompanies or is included with the software and posted on Accountedge.com. Any reproduction or redistribution of the software not in accordance with the EULA is prohibited by law. Without limiting the foregoing, reproduction or copying of the software to any other server, site, or location for subsequent reproduction or redistribution is expressly prohibited.
Notice Regarding Documents And Documentation: In no event shall Acclivity be liable for any special, indirect, or consequential damages whatsoever resulting from the loss of use, data, or profits, whether in action of contract, negligence, or other action, arising out of or in connection with the use of the performance of software, documentation, or information available on this website. The documents published on this website could include technical inaccuracies or typographical errors. The information presented on this website is changed periodically, and Acclivity may make improvements and/or changes in the product(s), programs(s), and/or documentation described at any time, without notice.
Links To Third-party Sites: Some links on this website will let you leave the AccountEdge site. The linked sites are not under the control of Acclivity and Acclivity is not responsible for their content. These links are provided as a convenience and do not imply an endorsement of the site or its content by Acclivity.
Trademarks: AccountEdge and Acclivity are registered trademarks of Acclivity Group LLC. MYOB and the MYOB logo are registered trademarks of MYOB Technology Pty Ltd. Other product and company names mentioned in this agreement and/or on our website may be the trademarks of their respective owners.

Additional Terms and Conditions for AccountEdge Payroll and Support Subscriptions

(i) General Policies. Acclivity reserves the right to limit each telephone call to one hour and to limit each contact (telephone or electronic) to one incident, which is defined as a single support issue or question. Acclivity may also limit or terminate support service to a customer who uses the service in an irregular, excessive, abusive or fraudulent manner. Terms, conditions, support features, procedures, pricing and support availability are subject to change at any time without notice. AccountEdge Software Support benefits apply only to the software title for which the Plan subscription is held.


(ii) Service Availability. Software Support benefits are limited to the date range during a paid support subscription in good standing. Service availability may occasionally deviate from stated hours due to downtime for systems and server maintenance and observed public holidays. Acclivity cannot guarantee that you will not experience some delay in having one of our technical support consultants answer your query – as call volumes fluctuate, so too will response time. Service may occasionally be limited or unavailable due to system downtimes, company events and training, holidays or events beyond our control. Toll-free telephone use may be limited to calls from within the continental United States, depending on plan benefits.

(iii) Support Topic Limitations. Inquiries are limited to the following software areas: installation, upgrade assistance, basic usability and basic functionality, as described in product documentation. Acclivity does not claim to resolve connectivity issues caused by third-party services, service providers, hardware or software, or networking problems. Phone support does not cover inquiries on general accounting or taxation issues, nor does it include application consulting or training. Our technical support consultants will make the determination of the nature of your query for these purposes.


(iv) AccountEdge Payroll Tax Services and Software Upgrades. An AccountEdge Payroll Subscription entitle subscribers to upgrades without charge if such upgrades become available during the term of your subscription. Acclivity does not warrant that there will be any upgrades to your software during your subscription term. Software upgrades and updates are available as a download only and accessed from the AccountEdge or Acclivity website.

(v) Payroll Subscription. AccountEdge payroll subscriptions are paid on an automatic renewal basis, and are non-refundable. Acclivity does not provide refunds or credits for any partial months or years. By enrolling in an AccountEdge Payroll subscription and providing Acclivity with your payment account information, you hereby agree to these payment terms and conditions. A customer must be on the current version of AccountEdge before enrolling in a Payroll subscription. 
AccountEdge upgrades are provided at no charge to Payroll Tax Plan members as released during their membership term, if available. AccountEdge Payroll benefits apply only to the software title for which the Plan subscription is held and are limited to the date range for which payment is made.

(vi) Payroll and Payroll Tax Updates. Every effort is made to release payroll tax updates in as timely a manner as possible. However, Acclivity does not guarantee a specific timeframe for payroll tax update releases. Customers using Acclivity accounting software to process payroll assume full responsibility for payroll compliance and verification. In addition to other disclaimers, Acclivity and its suppliers disclaim any warranty that the payroll features and services will meet your requirements and that the results obtained will be error free. Payroll tax updates are provided as part of a subscription plan and are available to customers only during the term of the subscription, unless otherwise noted. Once a subscription expires, a customer may no longer access payroll tax updates or process payroll, regardless of whether the subscription was active when a particular tax update was made available. You may only use, install and load the payroll tax updates and tables on those computer(s) used by the individual(s) for whom you have purchased a license or “Additional Workstation License” to the software.


(vii) Limits of Liability. Maximum liability to ACCLIVITY for any claim arising under the Plans will be the refund of an amount not exceeding the subscription fee paid by the subscription member. Acclivity shall not in any event be liable for any damages of any kind, including, but not limited to, damage resulting from loss of use of software, loss or corruption of data, or loss of profits in connection with the services of a Payroll or Support subscription.


(viii) Disclaimer of Warranties. AccountEdge Payroll and AccountEdge Support subscriptions are limited to Acclivity accounting and financial management software titles, regardless of other software or products that may be included with the AccountEdge software, either at point of purchase or by other means, including from Acclivity, or software or products recommended by Acclivity for use in conjunction with AccountEdge software, unless otherwise stated by Acclivity.

(ix) Refund Policy. Support and Payroll subscription fees are non-refundable.

Additional Terms and Conditions for Company File Services

(i) General Policies. Acclivity warrants that it will not divulge the financial company information contained in the customer’s company file to any third party, or use it for any purpose whatsoever other than to repair or convert the customer’s company file. Each company file is unique, so processing times vary and are difficult to forecast. The average file takes between two and four hours to repair. Some take significantly longer and, in some cases, cannot be repaired at all. In the case of files that cannot be repaired the same day that they are sent, a Company File Services representative will keep you informed of the status of your repair through conclusion. Files are handled in the order in which they are received.


(ii) Pricing Policies. Company File Services charges an hourly rate to repair damaged or corrupted files. There is a two-hour minimum charge. Upon receipt of your company file, you may request an estimate before beginning any repairs. Password resets and/or serial number chages will incur a per-file charge. You may also be charged an additional fee for upgrading files from older versions and you may be charged an additional fee for any expedited handling.

(iii) Submitting Company Files for Repair. For all company files sent to Acclivity: An acknowledgement email must be sent from the customer giving permission to work on your company file and acknowledging the terms and conditions. Upon receipt of the acknowledgement email, a representative will contact you to advise the cost and processing time. In order to maintain file security, we only accept company files that are submitted through our secure ftp login. We ask you not to mail, FedEx, or email company files directly.

Additional Terms and Conditions for AccountEdge Connect

(i) Terms of Service. The Software integrates with an optional cloud application, AccountEdge Connect, which is billed separately and is hosted on a website. By connecting to and/or registering for and/or using the AccountEdge Connect web site, (https://cloud.accountedge.com) you are agreeing to be legally bound by the policies and guidelines in this Agreement.

(ii) Fees and Charges. The fees and charges are available on this site and may change at any time without notice. Subscribers will be notified within 30 days to changes to the fees and other options via email address provided during registration. Fees are billed in advance on a monthly billing cycle and are non-refundable. If a 30-day free trial period is offered, upon the completion of the trial period, your access to the Service and your data will be disabled until the Subscriber has signed up for a Paid Subscription. You are responsible for any applicable taxes based on your jurisdiction. ACCLIVITY may collect applicable taxes based on the service provided and your businesses location.

(iii) Registration Data and Security. Upon registering for an account (free or paid subscriptions), you agree to provide accurate Registration Details including legal full name, business address, email address, billing address, phone and other contact information, and update such information as needed when your Registration or Contact Details change. This non-sensitive data is used for providing technical support and customer service activities including communicating with you regarding your account and changes to the service.The ACCLIVITY Privacy Policy should be read in full at https://www.accountedge.com/privacy/. You are responsible for all fees and charges incurred by your use of the Application and Service. You agree to maintain and keep private and secure your login information including user names and passwords. You are responsible for accepting all risks of unauthorized access to Registration Details and any other information or data you provide through the Application and Service.

(iv) Intellectual Property Rights, Copyrights and Trademarks. You accept that ACCLIVITY owns all right, title and interest in the Service, Software and Web Site without limitation, and all intellectual property rights as protected by U.S. and International Intellectual Property Laws. The Software, Service and Website constitutes Confidential Information and contains trade secrets of ACCLIVITY. You may not reverse engineer, disassemble, or decompile the Service, or otherwise attempt to discover the source code of the Software, Service or Website. The Service is protected by United States and International copyright or other intellectual property law. ANY USE OF THE SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN TERMS OF SERVICE, MAY SUBJECT YOU TO CIVIL DAMAGES AND LEGAL FEES, AND MAY BE A SERIOUS CRIME. The look and feel of the Service, web site and application is copyright ©2025 ACCLIVITY. All rights reserved. You may not copy or reuse any portion of the web site, service and applications HTML, CSS, Javascript or visual design or concepts without the express written permission of ACCLIVITY. You agree to not reproduce, duplicate, copy, resell or exploit any portion of the web site, service or software without the express written permission of ACCLIVITY.You agree to not reproduce, modify, change, alter another website to imply any relationship or association with the Service, website, software or ACCLIVITY. AccountEdge Connect is a trademark of ACCLIVITY. AccountEdge and ACCLIVITY are registered trademarks of ACCLIVITY in the United States, Canada and other countries.

(v) General Conditions. Technical Support is provided only to paying subscribers and is available only via email.
You understand that ACCLIVITY uses third party providers and vendors to provide hosting services, storage software and related technology required to run the Service.
You agree not to post, publish, distribute, store or transmit any Content including but not limited to data, messages, text, music, video, sound, images, or other material that is unlawful, offensive, libelous, defamatory, obscene, pornographic or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. ACCLIVITY may, but has no obligation to, remove Content and Accounts containing such content mentioned above.
You may not post, share, upload, transmit or store any private information of a third party unless expressly consented to such use including without limitation addresses, phone numbers, email addresses, or credit card information.
You agree not to post, share, upload or transmit viruses, worms, corrupted data, or other harmful code or destructive files. You may not use the Service, forums or web site to send or upload any unsolicited emails or commercial messages to third parties if those messages are not authorized or solicited by the third party. With the use of the Service, you agree to comply with any laws in any jurisdiction relating to spam and other marketing practices.
You understand that the transmission and processing of data in the course of delivering the Service including your Content and data may be transferred unencrypted and involve the transmission of said data and content across various networks.


(vi) Warranty Disclaimer. ACCLIVITY disclaims any and all warranties to the maximum extent permitted by applicable law. ACCLIVITY disclaims all warranties and conditions, whether express, implied, statutory or otherwise, including without limitation, warranties of merchantability or fitness for a particular purpose, or warranties that the product is free of viruses or errors or warranties of non-infringement of third-party rights. ACCLIVITY disclaims any warranty as to the performance of the service, website or software or as to the results that may be obtained by using the software. It is your responsibility to verify the results obtained from use of the service. ACCLIVITY does not warrant that the service will: meet your specific requirements; that the Service will be uninterrupted, secure or error free; that the service will be accurate or reliable; that the Service will meet your expectations; operate on your computer’s configuration, software and operating system; that mathematical calculations performed by the Service will be accurate; or that errors in the Service will be corrected. While ACCLIVITY attempts to make your access to and use of the Service and website safe, ACCLIVITY does not represent or warrant that the Service, website or content on such are free of viruses or other harmful components.

(vii) Limitation of Liability; Indemnity. In no event will ACCLIVITY, its subsidiaries, affiliates, distributors, republishers, resellers, contractors, partners and any of their successors or assigns or officers, directors, agents and employees be liable to you for any direct, indirect, special, incidental or consequential damages (including but not limited to lost revenues, data, content, profits or savings) arising out of your use or inability to use the software even if ACCLIVITY has been advised of the possibility of such damages.You expressly understand and agree that ACCLIVITY and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives (collectively, the “Related Parties”) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, revenues, goodwill, use, data or other intangible losses (even if ACCLIVITY has been advised of the possibility of such damages), resulting from: The use or the inability to use the Service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Service; or
Any other matter relating to the Service. Notwithstanding anything to the contrary contained herein, ACCLIVITY’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to ACCLIVITY for the service in the 3 months prior to the notification of any claim or $120.
You shall defend, indemnify and hold harmless ACCLIVITY and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service or website or the use by your staff or any other person to whom you have given access to the Service and website.

(viii) Exclusions and limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

(ix) Enforcement of Rights and Provisions. The failure of ACCLIVITY to enforce or exercise any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ACCLIVITY and govern your use of the Service and website, superseding any prior agreements between you and ACCLIVITY including, but not limited to, any prior versions of the Terms of Service.

(x) Termination and Modification of Service and Offering. Notwithstanding any provision of these Terms, ACCLIVITY reserves the right, without notice and in its sole discretion, to (a) terminate your subscription to use the Services, (b) block or prevent your future access to and use of all or any portion of the Services, website or your User Content (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

(xi) Inactive Accounts; Termination of Agreement. If your account is inactive for an extended period of time, ACCLIVITY reserves the right to deactivate your subscription and account. We will notify you in advance if we decide to deactivate or delete your account. If you know in advance that your account will be inactive for an extended period of time you can notify us by contacting Customer Service via email. You and ACCLIVITY may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. No refunds will be provided for remaining days of a billing cycle month. For example, if an account is cancelled on the 15th of the month with 15 days remaining, refunds are not provided for the remaining 15 days of the billing cycle. When your subscription is terminated, your User Content and access to the Service will, shortly thereafter, not be accessible.

(xii) No Right of Survivorship and Non-Transferability. You agree that your account and subscription is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Additional Terms and Conditions for the AccountEdge Bank Feed subscription

AccountEdge utilizes the services of Plaid Inc. (“Plaid”), which operates a fintech platform that connects bank accounts and credit card issuers to financial applications, enabling users to securely access their financial transactions (the “Plaid Services”), Acclivity and the Customer here by agree the additional terms and conditions as set forth hereunder.

It is hereby clarified that: (a) the provisions of the Acclivity’s End User License Agreement (“EULA”) shall not apply to Plaid Services, and these shall be subject to the terms of use and agreements with Plaid; (b) Acclivity provides no representations, does not provide any services, does not assume any responsibility or liability with respect to Plaid Services and the Customer’s use thereof.

By agreeing, the Customer confirms and consents as follows (“Customer Consent”):

(i) Acclivity may collect, use, store, and otherwise process the Customer’s financial information, including banking and credit transactions’ information (“Customer Data”), by connecting, through the Plaid Services, to the Customer’s financial institution and syncing the Customer Data into AccountEdge.

(ii) The Customer’s banking institution log-in credentials shall be used to connect to Plaid’s Services to establish a link between AccountEdge and the customer’s chosen banking and/or credit card issuers and sync the Customer’s Data back into AccountEdge, as shall be directed by the Customer. No account credentials are stored in AccountEdge, but rather are entered into a Plaid window upon linking accounts. No data is sent from AccountEdge to any banking institution.

Customer may revoke Customer Consent at any time by unlinking banking and credit card institutions or by canceling their Bank Feed subscription with AccountEdge.

Notwithstanding anything to the contrary and without derogating from the provisions of the EULA, the Customer acknowledges and agrees that it bears full responsibility for complying with all applicable laws and regulations in connection with its use of the Plaid Services, the Customer Data, or other information and data provided via the Plaid Services.

The Customer represents and warrants that it will not, and will not permit or enable any third-party to use AccountEdge (including Customer Data, or other information and data provided via the Plaid Services) as a or as part of a “consumer report” as that term is defined in the Fair Credit Reporting Act (“FCRA”) or otherwise use AccountEdge (including Customer Data, or other information and data provided via the Plaid Services) in a way that would be deemed “consumer reports” under the FCRA.