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Weteak Cloud Accounting
Phone: (888) 694-4206
1225 W. Beaver Street
Jacksonville, Fl 32204

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Weteak- “Accounting made simple”
Please read this terms of service and any other policies and documents referenced in this terms of service, which make up the “agreement.” Please read the agreement carefully before using this service.

Agree:

a) by using the service or clicking “sign up” customer is agreeing to be bound by the agreement and if customer is not an individual, individual who clicks “sign up” has the appropriate authority to bind the customer to the agreement. Cancel:

if customer does not want to agree to this agreement, then do not click to sign up button, then customer cannot use the service.This agreement is between Weteak Cloud Accounting (Weteak) and the entity or individual agreeing to these terms (Customer).

1) Software-as-a-Service

Subject to this Agreement, Weteak grants to Customer a non-exclusive, non-transferable, non-sub-licensable revocable license (License) to access and use a cloud based software service when Customer registers for a Weteak account and as further outlined at Weteak.com (Service). The License is granted for the Term (as defined below) of this agreement.

2) Use of Service

a) Customer Owned Data. When registering for our Service you will provide Information that is necessary so you can use the Service, including, but not limited to, company name, individual name, address, phone number,email address, and tax id/ vat number, payment gateway login, and etc.

b) Access to Customer Account. Customer may allow other Weteak users (Other Users) to access Customer’s account. Such access must be for the sole benefit of Customer. Customer is solely responsible for all access granted to Other Users and the actions of Other Users on Customer’s account. Weteak accepts no liability or responsibility for any actions by an Other User on Customer’s account. It is Weteak’s policy that Weteak, its directors, officers, employees, agents or consultants will not make any changes to Customer Data, except in the event of a termination of this Agreement. However, in certain circumstances, Weteak, its directors, officers, employees, agents or consultants will make changes to Customer Data, including changes or amendments to files a Customer sends to Weteak, if a Customer or a Customer’s Other Users request such changes or amendments. Sometimes Weteak, its directors, officers, employees, agents or consultants need to change information in a Customer’s account so Weteak can fix technical issues that prevent Weteak from properly delivering the Service.

c) Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Weteak promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s technical documentation (support@Weteak.com) and applicable law.

d) Third Party Services. Customer can integrate certain third party services into the Service. These third party services are not provided by Weteak. Customer agrees to hold harmless and release Weteak and the Released Parties (defined below) from any liability relating to Customer’s use of the third party services or integration of the Services with the third party services. Customer’s ability to use the third party services may be limited according to the third party’s terms and conditions. When Customer integrates with a third party service, Customer authorizes Weteak to share any Customer Data, whether confidential or not, with the third party service so Customer can take advantage of integration with Weteak. Any links to a third party service or website Customer finds in the Service or on Weteak.com are provided for convenience only and Weteak does not control or endorse any material or information found on those third party sites.

e) Trial Version. If Customer has registered for a trial use of the Service, Customer may access the Service for a trial period(30 days) granted by Weteak. The Service is provided AS IS, with no warranty during this time period. All Customer data may be deleted after the trial period, unless Customer converts its account to a non-trial account..

3) Payment

Customer must a pay monthly subscrition as specified on the order, but if not specified, within 30 days of trial. Customer is responsible for the payment of all sales, use, withholding, and any taxes. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement. 4.Mutual Confidentiality

a) Integration with Other Applications: You can integrate Weteak with other applications. Any information you provide to those applications is subject to their terms of use and privacy policies. Our Privacy Policy only deals with information we collect from you.

b) Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.

c) Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.

4) Weteak Property

a) Reservation of Rights. The software, workflow processes, user interface, designs, know-how, and other technologies provided by Weteak as part of the Service are the proprietary property of Weteak and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain with their respective owners. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. Weteak reserves all rights unless expressly granted in this agreement.

b) Restrictions. Customer may not (i) sell, resell, rent or lease the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service, including, but not limited to uploading or distributing in any way files that contain viruses or corrupted files that may damage the operation of the Services; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

5) Term and Termination

a) Term. This agreement continues until Customer or Weteak terminates the Customer account (Term).

b) Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.

c) Return of Customer Data.Within 30-days after termination, upon request Weteak will make the Service available for Customer to export the Customer Data if all fees have been paid.After such 60-day period, Weteak has no obligation to maintain the Customer Data and may destroy it.

d) Return or Destroy Weteak Property Upon Termination. Upon termination of this agreement for any reason, Customer must pay Weteak for any unpaid amounts, and destroy or return all property of Weteak. Upon Weteak’s request, Customer will confirm in writing its compliance with this destruction or return requirement.

e) Aggregate Data. During and after the Term, Weteak may use non-personally identifiable Customer Data for purposes of enhancing the Service, aggregated statistical analysis, technical support and other business purposes.

f) Suspension of Service for Violation of Law. Weteak may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in sole discretion acting reasonably believes that, as part of using the Service, Customer has violated a law or monthly subscription has not been paid. Weteak will attempt to contact Customer in advance before Weteak suspends the Service. If due to credit card failure, weteak will provide the user seven days to update card information and process payment.

6) Service Level Agreement/Warranty and Remedy

Warranty. Weteak warrants to Customer that commercially reasonable efforts will be made to maintain the online availability of the Service for a minimum of availability in any given month as provided in the chart below (excluding scheduled outages, force majeure, and outages that result from any Customer technology issues).

Availability Warranty: 98%

Credit: 25% of previous monthly fee if below the warranty Limited Remedy.

The Service may be interrupted or contain an error. Customer’s exclusive remedy and Weteak’s sole obligation for its failure to meet the warranty above will be for Weteak to provide a credit for the applicable month as provided in the chart above (if this agreement is not renewed, then a refund), for the month; provided that Customer notifies Weteak of such breach within 30 days of the end of that month. In addition, Customers under a prepaid annual contract can terminate this agreement upon notice to Weteak if the performance falls below the availability warranty, and Weteak will refund such a Customer a pro-rated amount of any fees paid to Weteak for the Service.

7) Liability Limit and Disclaimer

a) Limit on purposes of services. The services are not designed to replace professional advice, such as tax and accounting advice.

b) Disclaimer. Except as expressly provided in this agreement, the services are not guaranteed and are provided “as is.” While Weteak takes reasonable, physical, technical and administrative measures to secure the service, Weteak gives no representations, warranties or conditions of any kind, express or implied, including without limitation representations, warranties or conditions as to uninterrupted or error free or virus free service, accessibility, privacy of files, security, merchantability, quality or fitness for a particular purpose and those arising by statute or otherwise, or from a course of dealing or usage of trade.

c) Limitation on Liability. Weteak, ITS DIRECTORS, Officers, agents, contractors, Shareholders or affiliates (RELEASED PARTIES) will not be liable in any way for any claim for: (a) punitive, EXEMPLARY or aggravated damages; (b) damages for loss of profits or REVENUE, failure to realize expected savings, loss of use or lack of availability of customer data; (c) indirect, CONSEQUENTIAL or special damages, ARISING from or in connection with the services, regardless of WHETHER or not customer informed or advised Weteak of the possibility of such damages; (d) Contribution, indemnity or set-off in respect of any claims against customer; (e) any damages whatsoever relating to thirdparty products, client materials or any goods or services not developed or provided by Weteak; or (f) any damages whatsoever relating to interruption, delays, errors or OMISSIONS EVEN IF SUCH INTERRUPTION, DELAYS, ERRORS OR OMISSIONS WERE CAUSED BY ANY OF THE RELEASED PARTIES.

d) Total limit on Liability. Weteak’s liability for all damages arising out of or related to this agreement (whether in contract, warranty tort, including negligence, or otherwise) does not exceed the amount paid by Customer within the 12 month period prior to the event that gave rise to the liability.

If any third-party brings a claim against Weteak or any of the Released Parties related to Customer’s acts, omissions, data or information within the Services, Customer must defend, indemnify and hold Weteak or the Released Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

8) Indemnity

9) Governing Law and Forum

The laws of The United States govern this agreement. Any dispute arising out of or related to this agreement must be exclusively brought in a court of competent jurisdiction in Jacksonville,FL. The prevailing party in litigation is entitled to recover its attorneys’ fees and costs from the other party.

10) Amendment of Service and Terms

Weteak can, without notice and in Weteak’s sole discretion, without any notice or liability to Customer, terminate Customer’s right to the License to use the Service or any part of the Service. Weteak can also terminate, without any notice or liability to Customer, any part of the Service. Weteak is constantly adding new products and features to the Service, so Weteak can amend this Agreement as Weteak sees fit. If Customer does not approve of any amendments or modifications, then Customer must quit using the Service.

11) Other Terms

a) Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding.

b) No Assignment. Customer may not assign or transfer the Agreement or a Customer account to a third party, unless as part of a merger or sale of substantially all the assets of Customer.

c) No Partnership. Nothing in the Agreement creates a partnership or joint venture between the Customer and Weteak. Weteak is not providing Customer with any advice, including financial, accounting, or tax.

d) Enforceability. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable.

e) Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

f) Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.

g) English. The parties have agreed that this agreement and the related documents be drawn up in the English language.

h) Age of Majority. By clicking Sign Up, the Customer certifies that the Customer is of the age of majority in whatever jurisdiction the Customer is located.

1) Scope

a) Weteak Cloud Accounting LLC (Weteak, we or us) takes your privacy seriously. This Privacy Policy, which forms part of Weteak’s Terms of Service, explains how Weteak collects, uses and protects personal and private information submitted and collected as part of our online software service and generally on our website or mobile applications (together, the Service).

b) Information means information that determines the identity of an individual or business. Most of the Information we collect is considered personal, private and sensitive, such as the financial information you give us. Some Information is not. We take the collection and storage of Information, especially personal, private and sensitive information very seriously.

2) Collection and Storage

a) Registration Data: When registering for our Service you will provide Information that is necessary so you can use the Service, including, but not limited to, company name, individual name, address, phone number and email address.

b) Other Information: Some of the other Information we collect while you use the Service, our website or our other services include, but are not limited to, your financial data, your customer and vendor lists. Some of this Information can be considered personal and private under the law, and this is the type of Information we are required to keep confidential and private.

c) Updating Your Information: It is important that your Information is up-to-date and accurate. Please login to your account to make any changes or email us at support@weteak.com.

d) Using Weteak: When you use the Service, you may input some private information, such as customer lists, vendor lists, and financial information about your business.

e) Cookies: Our servers may retain Information in cookies about your session when you enter and use our service. You can refuse to accept any cookies, but then you may not be able to use our Service.

f) CCredit Card and Banking Information: Weteak does NOT store any of your credit card credentials. Those are stored securely with our partners that provide these services on our behalf.

g) CCredit Card and Banking Information: Weteak does NOT store any of your credit card credentials. Those are stored securely with our partners that provide these services on our behalf.

h) Your Disclosure of Others Personal Information: By inputting any personal and private Information that belongs to someone else into our service, you have all necessary consents and rights to collect, use and disclose that information as described in this Privacy Policy from time to time, and you agree that the indemnity you give to us in the Terms of Service applies to any non-compliance by you with the foregoing.

3) Uses

a) Use of Information: We will use Information to provide the Service, provide support, and to improve our Service, including our website.

b) Cookies: We use cookies and other collected information to improve and further develop our website, to keep your session active and to customize your experience. The cookies are stored on your computer. You can delete them or reject them, but if you do you cannot use our service.

c) Aggregate Non-Identifiable Information: We use aggregate non-identifiable information to improve our Services, including making information more clear and the types of marketing messages we may send you.

d) Server Logs: Our server logs record system information when you view our website, and use the Service.

e) Email Marketing: Weteak may have products or services that may be of interest to you. Or our partners may have products and services that may be of interest to you. You may receive marketing emails from us. You can always ‘unsubscribe‘ or ‘opt-out’ of those marketing emails within the body of the email. We will not disclose or sell your Information to third-parties for marketing or other purposes.

f) Service Providers: We do not disclose Information to third parties, except to certain service providers who have appropriate policies in place to protect your Information. Some of the Information we disclose is because Weteak needs our partners help to provide the Service.

4) Disclosure and Sharing

a) Providing Our Services: Some of the services we provide to you, including, but not limited to, invoicing your customers, connecting our Service to your bank accounts, or integrating your payroll or other functions with our Service may require us to disclose your Information. Please be aware that if you do not want your Information disclosed, you may not be able to use those parts of our Service that require such disclosure.

b) Legal Requirements: We may be required by law to disclose your Information, and we will try to take steps to limit any such disclosure.

c) Change of Ownership: If we are acquired or otherwise sell our business, we will transfer all of the Information to the successor entity. We may try to notify you of any change in ownership or sale by either posting it on our website or by emailing you (at the email address in the system).

5) Other Terms

a) Application of this Policy: By registering for our Service, you agree to comply with the terms of this Privacy Policy and that we may process your Information.

b) Integration with Other Applications: You can integrate Weteak with other applications. Any information you provide to those applications is subject to their terms of use and privacy policies. Our Privacy Policy only deals with information we collect from you.

c) Industry Standard Security: While we use industry standard security measures to protect against the loss, misuse and alteration of the information under our control, there is no guaranty that our services cannot be compromised. Please visit Our Terms of Service for more information.

d) No Under Age 13: We do not intentionally gather Information about visitors who are under the age of 13.

e) Privacy Complaints Contact Us First (please): If you have a dispute or complaint about privacy practices, please first contact us regarding the issue. We will do our best to resolve it! Contact: support@weteak.com Physical Address: 1225 West Beaver Street Jacksonville, Fl 32204

f) Links to Third Party Sites: Our websites may contain links to other sites and services, which are owned and controlled by others. These websites have their own policies regarding privacy, and you should review those policies.

g) Revisions to this Policy: We may change this policy at any time. Notice of any significant revision will be called out on our website for a period of time. Rev. September 1, 2013

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