Amatino Terms of Use

Welcome

Amatino is a double-entry accounting system. These Terms of Use describe our obligations as a service provider, and your obligations as a customer.

By using the Service, you acknowledge that you have read and understood these terms, and agree to be bound by them.

1. Definitions

Agreement means these Terms of Use

Amatino means the collection of applications, programming interfaces, source code, documentation, websites, discusssion forums, and communications provided under the name 'Amatino'

Data means any information transmitted to the Service

Location means an option for the storage of Data associated with a geographic region

Intellectual Property Right means any patent, trade-mark, service-mark, copyright, moral right, right in a design, know-how, andy any other intellectual or industrial property rights, anywhere in the world whether registered or not registered

Additional User means any person or entity invited by you, under a Business or Developer plan, to use the Service with your authorisation from time to time

Subscription Fee means the monthly fee payable by you in return for access to the Service

Service means the same thing as 'Amatino': See the definition of 'Amatino' above

Other User means any user of the Service other than yourself

we, us, our means Amatino Pty Ltd, a company legally incorporated in Australia

you means you yourself as a party to this Agreement or as a duly authorised agent of any Other User of the Service

Website means the internet site at the domain amatino.io and any subdomains thereof

2. Use of the Service

We grant you the right to access and use the Service while you have a subscription with us. This right is non-exclusive, non-transferable, and limited by and to this Agreement

3. General Obligations

You must only use the Service for your own lawful internal business purposes, in accordance with this Agreement and any notice sent by us or condition posted by us on the Website. You may use the Service on behalf of others or in order to provide servies to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.

4. Additional Users

Under Business or Developer subscription plans, you may from time to time invite Additional Users to use the Service. You are solely responsible for determining who is an Additional User and what level of access they will have to Data controlled by you. You are responsible for all Additional Users' use of the Service.

5. Payment Obligations

An invoice for a Subscription Fee will be issued each month in accordance with the details set out in the Fee Schedule. We will continue invoicing you in accordance with the fee schedule until this Agreement is terminated.

All our invoices will be sent to you, or to a Billing Contact whose details are provided by you, by email or via the Account section of the Service. Payment of all amounts specified in an invoice must be paid in accordance with the Fee Schedule. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.

6. Security

You must ensure that all passphrases required to access the Service are kept secure and confidential. You must immediately notify us of any unauthorised use of your passphrase or any other breach of security and we will reset your password and you must take all other actions that we reasonably deem necessary to maintain or enhance the security of our computing systems and networks and your access to the Service.

7. Access Conditions

When accessing the Service, you must:

  • Not attempt to undermine the security or integrity of our computing systems or networks or, where the Service is hosted by a third party, that third party's computing systems and networks.
  • Not use or misuse the Services in any way which may impair the functionality of the Service, or any other systems used to deliver the Service or impair the ability of any other user to use the Service.
  • Not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service is hosted.
  • Not transmit, or input into the Service, any: Files or otherwise packaged software or data that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use.

8. Communication Conditions

As a condition of this Agreement, if you use any communication tools available through the Service (such as any forum, chat room, or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Service, including (but not limited to): Offers of goods or services for sale, insolicited commercial e-mail, files or otherwise packaged software or data that may damage any other person's computing devices or software, content that may be offensive to other users of the Service, or material in violation of the law (including material that is protected by copyright or trade secrets which you do not have the right to use.

When you make any communication on the Service, you represent that you are permitted to make such communication. We are under no obligation to ensure that the communications on the Service are legitimate or that they are related only to the use of the Service. As with any other web-based forum, you must exercise caution when using the communication tools available on the Service. We do reserve the right to remove any communication at any time at our sole discretion.

9. Usage Limitations

Use of the Service may be subject to limitations, including but not limited to limits on the number and size of requests you are permitted to make against the Service application programmign interface over various time frames. Any such limitations will be advised.

10. Indemnity

You indemnify us against: all claims, costs, damage and loss arising from your breach of any part of this Agreement or any obligation you may have to us, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by you.

11. Confidentiality

Unless the relevant party has prior written consent of the other or unless required to do so law:

  • Each party will preserve the confidentiality of allConfidential Information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose of make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement.
  • Each party's obligations under this clause will survive termination of this Agreement.
  • The provisions of clause 11 will not apply to any information which: Is or becomes public knowledge other than by breach of this clause; is received from a third party who lawfully acquired it, and who is under no obligation restricting its disclosure; is in the posession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or is independently developed without access to the Confidential Information.

12. Privacy

We maintain a privacy policy that sets out the parties obligations in respect of personal information. You should read the policy at https://amatino.io/privacy-policy and you will be taken to have accepted that policy when you accept this Agreement.

13. Title to Amatino Intellectual Property

Title to, and all Intellectual Property Rights in the Service, and any documentation relating to the Service remain the property of us or our licensors.

14. Ownership of Data

Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of our Subscription Fees when due. You grant us a license to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Service and for any other purpose related to the provision of the Service to you.

15. Backup of Data

You must maintain copies of all Data inputted into the Service. We adhere to best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but do not make any guarantees that there will be no loss of Data. We expressly exclude liability for any loss of Data no matter how caused.

16. Third Party Applications and your Data

If you enable third party applications for use in conjunction with the Services, you acknowledge that we may allow the providers of those third party applications to access your Data as required for the interoperation of such third-party applications with the Service. We shall not be responsible for any disclosure, modification, or deletion of your Data resulting from any such access by third-party application providers.

17. Authority

You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to this Agreement on behalf of that person and agree by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of this Agreement, without limiting your personal obligations under this Agreement.

18. Acknowledgement

You acknowledge that:

  • You are authorized to use the Service and to access information and Data that you input into the Service, includeing any information or Data input into the Service by any person you have authorized to use the Service. You are also authorized to acccess the processed information and Data that is maide available to you through your use of the Service (whether that information and Data is your own or that of anyone else).
  • We have no responsibility to any person other than you and nothing in this Agreement confers or purports to confer a benefit on any other person than you. If you use the Service on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise), you agree that: You are responsible for ensuring that you have the right to do so; You are responsible for authorizing any person who is given access to information or Data, and you agree that we have no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address, and; You will indemnify us against any claims or loss relating to our refusal to provide any person access to your information or Data in accordance with this Agreement, and our making available information or Data to any person with your authorisation.
  • The provision of, access to, and use of the Service is on an 'as is' basis and at your own risk.
  • We do not warrant that the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks, and the Internet, can be unpredicable and may from time to time interfere with or prevent access to the Service. We are not in any way responsible for such interference of prevention of your access or use of the Service.
  • We are not your accountant and use of the Service does not constitute the receipt of accounting advice. If you have any accounting questions, please contact an accountant.
  • It is your sole responsibility to determine that the Service meets the needs of your business and are suitable for the purposes for which they are used.
  • You remain soley responsible for complying with all applicable accounting, tax, and other laws. It is your responsibility to check that storage of and access to your Data via the Service will comply with laws applicable to you (including any laws requiring you to retain records).

19. No Warranties

We give no warranty about the Service. Without limiting the foregoing, we do not warrant that the Service will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, and non-infringement.

20. Consumer Guarantees

You warrant and represent that you are acquiring the right to access and use the Service for the purposes of a business and that, to the maximum extend permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service or this Agreement.

21. Limitation of Liability

To the maximum extend permitted by law, we exclude all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits, and savings) or damage resulting directly or indirectly from any use of, or reliance on, the Service.

If you suffer loss or damage as a result of our negligence or failure to comply with this Agreement, any claim by you against us arising from our negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by you in the previous 12 months.

If you are not satisfied with the Service, your sole and exclusive remedy is to terminate this Agreement in accordance with clause 23.

22. Trial Policy

When you first sign up for the Service, you may be offered a defined trial period, with no obligation to continue to use the Service at the conclusion of that trial period. If you choose not to continue using the Services, you may end your subscription in the 'Account' section of the Services. If you do not end your subscription, you will be billed for your first billing period at the conclusion of the trial period.

23. No fault termination

This Agreement will continue for the period covered by the Subscription Fee paid or payable under clause 5. At the end of each billing period this Agreement will automatically continue for another period of the same duration as that billing period, provided you continue to pay the prescribed Subscription Fee, unless either party terminates this Agreement. If you elect to terminate this Agreement, you will be liable to pay all relevant Subscription Fees up to and including the day of termination of this Agreement.

24. Breach

If you breach any of the terms of this Agreement, and do not remedy the breach within 14 days after receiving notice of the breach if the breach is being remedied; or breach any term of this Agreement and the breach is not capable of being remedied; or you or any entity for which you act as an agent becomes insolvent, or has a receiver or manager appointed of any of its assets, or make any arrangement with creditors, or become subject to any similar insolvency event in any jurisdiction; then we may take any or all of the following actions, at our sole discretion: Terminate this Agreement and your use of the Service; Suspend for any period of time, definite or indefinite, your use of the Service; Suspend or terminate access to all or any Data.

25. Accrued Rights

Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this agreement you will: Remain liable for any accrued charges and amounts which become due for payment before or after termination, and immediately cease to use the Service.

26. Survival

All Subscription Fee's owed survive the termination of this agreement.

27. Technical Problems

In case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still need technical help, please check the support provided online by us on our Website or failing that email support@amatino.io

28. Service Availability

Whilst we intend that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service may be unavailable to permit maintenance or development activity to take place.

If for any reason we have to interrupt the Service for longer periods that we would normally expect, we will make reasonable efforts to publish in advance details of such activity on our Website.

29. Entire Agreement

This agreement, together with the Amatino Privacy Policy, Offer Details, and the terms of any other notices of instructions given to you under this Agreement, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the Service and other matters dealt with in this Agreement.

30. Waiver

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

31. Delays

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is to due any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

32. No Assignment

You may not assign or transfer any rights to any other person without our prior written consent.

33. Jurisdiction

This Agreement is covered exclusively by the laws of the state of New South Wales, Australia. You hereby submit to the exclusive jurisdiction of the courts of New South Wales for all disputes arising out of or in connection with this Agreement.

34. Severability

If any part or provision of this Agreement is invalid, unenforceable, or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remainder of this Agreement will be binding on the parties.

35. Notices

Any notices given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us myst be sent to support@amatino.io or to any email address notificed by email to you by us. Notices to you will be send to the email address which you provided when setting up your access to the Service.

36. Rights of Third Parties

A person who is not a party to this Agreement has no right to benefit under or to enforce any term or provision of this Agreement.

Amatino Privacy Policy

Privacy is paramount

Amatino is a double-entry accounting system that stores, organises, and retrieves financial information. Financial information is intimately and inherently private, whether that information pertains to an individual, business, or other entity.

Amatino is designed to be a guardian of that privacy, and to defend financial information stored within it against any use, access, analysis, or any other interaction not expressly desired by you.

Definitions

Throughout this document we will refer to our privacy policy as the 'Policy'. 'We', 'us', or 'our' refer to Amatino Pty Ltd, a company legally incorporated in Australia. 'Amatino' refers to the products, services, and websites provided by us.

Other terms used in this Policy have the same meaning as defined in our Terms of Use, available at https://amatino.io/terms-of-use, and you should read our Terms of Use together with this Policy.

By using Amatino, you consent to the terms of this Policy and agree to be bound by it and our Terms of Use.

The data we collect

Account information. When you sign up to use Amatino we collect data that you provide to us, such as your email address, name, and payment information. We use these data to create and maintain your Amatino account. We will use your email address to send you critical information about your account, such as notifications of billing changes. We will not use your email address to send you marketing material.

Device information. When you use Amatino, we will collect data describing your device, such as it's Internet Protocol (IP) address. We use these data to protected the integrity of Amatino's computer systems, and to learn about how you are using Amatino, so that we may improve the quality of service we provide to you.

Financial data. Amatino is designed to store, organise, and retrieve financial information. When you use Amatino, we collect financial data you provide and store them. We will not access your financial data for any purpose other than providing storage, organisation, and retrieval services to you. For example, we may measure the total size of your data to ensure we are allocating enough computer storage space to you, but will never analyse your data to learn about your finances.

Data belonging to third parties. When using Amatino, you may provide us with data that belong to others. For example, you may invite a colleague to your Amatino account, providing us with their name and email address. You are responsible for ensuring that third parties consent to you providing their data to us. We will treat data belonging to third parties with the same care that we treat yours.

Payment information. We do not store your full payment information. Instead, we engage Stripe, Inc. to store and process payment information on our behalf. Payment information you provide to us is goverened by the Stripe, Inc. privacy policy, available at: https://stripe.com/privacy.

With whom we share data

Others as directed by you. Amatino provides features that allow you to share data with others. For example, you might direct us to share financial data with someone you trust. You can provide and revoke access to financial data in Amatino at any time, but we cannot control, nor are we responsible for, others copying data you have shared. You should take care to only share financial data with others you trust.

Other users of Amatino. Your name, email address, profile picture (also known as an 'avatar'), and other account data may be provided to others in the course of their use of Amatino. For example, you may make a post on the Amatino discussion forums, and your name will appear with that post. Or, you may choose to share financial data with others, and you may be identified as the author of those data.

Others working for us. From time to time, our employees may access your data for the purposes of maintaining our services. For example, a software engineer may view your data while fixing a problem you have reported. We maintain the strictest controls over who can access your data, and do not allow our employees access unless doing so is critical to maintaining our service to you.

Others providing computing services. Amatino depends on computing services provided by trusted third parties. For example, the computers that process your data may be owned and maintained by a third party, while operated by us. We only use top-tier suppliers of computing services, such as Amazon and Microsoft, and only when we are satisfied that their privacy and security standards are as high as ours.

Others as required by law. We may be compelled by law to provide your data to a law-enforcement agency, government department, or other third party.

Where we store your data

Financial data. You may direct us to store financial data in various physical locations throughout the world. Data stored in different countries may be subject to different laws.

Account and usage information. Some data, such as your account information and information about how you use Amatino, will be stored on computer systems in the United States of America regardless of where you direct us to store your financial information.

Transfer. We may move your data between physical locations in response to a direction from you, or to maintain the integrity of our services. For example, you may direct us to move your financial information between countries, or you may direct us to share your financial information with others in another country, or we may move your financial information in response to a natural disaster or other calamity that risks destroying your data.

You can contact us with privacy concerns

By email. You can write to us at privacy@amatino.io

By public forum. We welcome public discussion of our privacy policy and practice. You may discuss privacy on our discussion forums at https://amatino.io/discussion.

By post. You may write to us at:

ATTN: Privacy
Amatino Pty Ltd
PO Box 205
St Leonards, NSW 1590
Australia

We may update this policy

From time to time, we may update this policy. We will attempt to notify you of any update to this policy via the email address associated with your Amatino account.

Last updated: June 2018

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