This is an Agreement between you or the entity that you represent (hereinafter “you” or “your”) and FirstBIT Technologies LLC (hereinafter referred to as "FirstBIT", "we", "our", or "us") governing your use of FirstBIT accounting and/or FirstBIT ERP online software products provided to you by FirstBIT including content, updates and new releases, (collectively, “FirstBIT Services”).
Your Rights to Use FirstBIT Services
The FirstBIT Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use FirstBIT Services and only for the purposes described by FirstBIT. FirstBIT reserves all other rights in FirstBIT Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, FirstBIT grants to you a personal, limited, nonexclusive, nontransferable right and license to use FirstBIT Services.
You agree not to use, nor permit any third party to use, FirstBIT Services or content in a manner that violates any applicable law, regulations or this Agreement. You agree you will not:
- Provide access to or give any part of FirstBIT Services to any unauthorized third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell FirstBIT Services.
- Make FirstBIT Services available on any file-sharing or application hosting service.
Setting up FirstBIT Services account directly with FirstBIT
We will give you your sign-in details and passwords to enable you to use FirstBIT Services (the “sign-in information”) once you have registered with us. You may take advantage of a free trial of FirstBIT Services. We will confirm the duration of any applicable free trial period in a confirmatory email following registration. If you are a new customer to FirstBIT Services, you can select to buy FirstBIT Services immediately without a free trial by signing up and paying directly to FirstBIT. Any break in payment resulting in a deactivation and subsequent reactivation of your FirstBIT Services will result in your subscription being reactivated at our current list price. Once you have purchased FirstBIT Services at FirstBIT current list price, any additional subscriptions made any time later by you of FirstBIT Services will be at our then-current price list for Services as specified on our website.
If you continue to use FirstBIT Services following your trial period or if you have elected to purchase FirstBIT Services without taking a free trial, you agree to pay the applicable subscription fee directly to us via the payment method specified during registration or via any other payment method which we may notify you about from time to time, until either you or we end this Agreement in one of the ways set out in Suspension and Termination part of this Agreement.
If at any time during your use of FirstBIT Services, you want to include additional FirstBIT Services add-on module within your subscription you must pay the applicable fees for each additional FirstBIT Services’ add-on module and your subscription fee will be pro-rated from the date access to FirstBIT Services add-on module is made available to you until the commencement of your next period subscription payment. If you wish to reduce access to certain FirstBIT Services add-on modules you may do so from the commencement of your next monthly subscription when your fees will be calculated to take account of your reduced access to the FirstBIT Services components.
If at any time we charge you an incorrect price, we reserve the right to rectify our invoice and claim payment from you for the correct amount which you agree to pay. If we have overcharged you, we will reimburse your next subscription payment for the amount by which you have been overcharged.
We may increase the subscription fee for FirstBIT Services at any time by giving you not less than 30 days’ written notice and such an increase will take effect from your next payment date after this notice period has ended.
By using the functionality within FirstBIT Services, providing your accounting service provider is an Accountant Partner of FirstBIT you can grant this FirstBIT Accountant Partner an access to your FirstBIT Services account. To make the use of the FirstBIT Services more convenient, the FirstBIT Accountant Partner will be granted with a free 1 user access to your FirstBIT Service account. If you choose to do this, we cannot accept any liability for the actions of your FirstBIT Accountant Partner including, without limitation, their access to your FirstBIT Services account or the data contained within it. Except where your FirstBIT accountant has set up your FirstBIT Services account (in which event, clause Setting up FirstBIT Services account through a FirstBIT Accountant Partner shall apply), you can withdraw your FirstBIT Accountant’s access to your FirstBIT Services account at any time. This will lead to the termination of the FirstBIT Accountant Partner 1 user access to your FirstBIT Services account.
Setting up FirstBIT Services account through a FirstBIT Accounting Partner
If your FirstBIT Accountant Partner sets up your FirstBIT Services account for you, it will automatically link your account to the FirstBIT Accountant Partner’s own FirstBIT Services account. To make the use of the FirstBIT Services more convenient, the FirstBIT Accountant Partner will be granted with a free 1 user access to your FirstBIT Service account. If you make a payment for your FirstBIT Services to your FirstBIT Accountant Partner and not to FirstBIT (until such time that we, and/or your FirstBIT Accountant Partner notify you to pay us directly) for your use of FirstBIT Services, your FirstBIT Accountant Partner will manage your FirstBIT Services account. As you cannot withdraw your FirstBIT Accountant Partner’s access to your FirstBIT Services account in these circumstances, you would need to request that your FirstBIT Partner withdraws their access to your FirstBIT Services account. This will lead to the termination of the FirstBIT Accountant Partner 1 user access to your FirstBIT Services account.
You are responsible for working with your FirstBIT Accountant Partner to set and manage access rights and levels of access that your FirstBIT Accountant Partner has over your FirstBIT Services account as agreed between you and your FirstBIT Accountant Partner. You acknowledge that we have no control over such access rights and therefore we accept no liability for any loss or damage or other liability that you suffer as a result of any act, omission or failure of your FirstBIT Accountant Partner.
If you pay your FirstBIT Services account or any other subscription charges to an entity separate from FirstBIT (e.g. if you obtained access via FirstBIT Accountant Partner), you agree to nonetheless remain to be bound by the terms of this Agreement.
You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of FirstBIT Services. Archive your Content frequently. You grant FirstBIT worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of FirstBIT Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. FirstBIT is not responsible for the Content or data you submit through FirstBIT Services.
You agree not to use, nor permit any third party to use, FirstBIT Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by FirstBIT in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data;
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
FirstBIT may freely use feedback you provide. You agree that FirstBIT may use your feedback, suggestions, or ideas in any way, including in future modifications of FirstBIT Services, other products or services, advertising or marketing materials. You grant FirstBIT a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to FirstBIT in any way.
FirstBIT may monitor your Content. FirstBIT may, but has no obligation to, monitor content on FirstBIT Services. We may disclose any information necessary to satisfy our legal obligations, protect FirstBIT or its customers, or operate FirstBIT Services properly. FirstBIT, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
FirstBIT does not give professional advice. Unless specifically included with the Services, FirstBIT is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
We may tell you about other FirstBIT Services.
You may be offered other services, products, or promotions by FirstBIT ("FirstBIT Services"). Additional terms and conditions and fees may apply. With some FirstBIT Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
Communications. FirstBIT may be required by law to send you communications about FirstBIT Services or third party products. You agree that FirstBIT may send these communications to you via email or by posting them on our websites.
You will manage your passwords and accept updates.You are responsible for securely managing your password(s) for FirstBIT Services and to contact FirstBIT if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
FirstBIT, FirstBIT logo, the names of individual Services and their logos are trademarks of FirstBIT Technologies LLC. You agree not to display or use, in any manner, the FirstBIT trademarks, without FirstBIT’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE FIRSTBIT SERVICES IS AT YOUR SOLE RISK. FIRSTBIT SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. FIRSTBIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIRSTBIT MAKES NO WARRANTY THAT FIRSTBIT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF FIRSTBIT SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF FIRSTBIT SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM FIRSTBIT, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY.
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT FIRSTBIT SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE FIRSTBIT SERVICES, EVEN IF FIRSTBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL FIRSTBIT’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY FIRSTBIT SERVICES, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH FIRSTBIT SERVICES.
You agree to indemnify and hold harmless FirstBIT, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used FirstBIT Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of FirstBIT Services, except where such use is authorized by FirstBIT.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any FirstBIT Services in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected]
within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.