Terms of Service
HostBooks Software Services
Please review these Terms of Service (“Agreement” or “Terms”) carefully before using the software services of HostBooks USA LLC (“HostBooks,” “we,” “our,” or “us”). This Agreement is a legally binding contract between HostBooks USA LLC, a Delaware corporation, and any individual or entity that accesses or uses the HostBooks software services (“you,” “your,” or “User”). By accepting these Terms electronically, accessing, or using the HostBooks Software Services (“Services”), you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not use the Services.
1. AGREEMENT SCOPE
This Agreement governs your access to and use of HostBooks Software Services provided through HostBooks websites or platforms, including all associated software, updates, APIs, mobile applications, documentation, data storage, content, and related services (collectively, the “Services”). This Agreement also incorporates by reference: The HostBooks Privacy Policy, Any Data Storage and Security Policy, Applicable Third-Party Terms and Conditions, and Additional terms are provided for specific services (including ordering, activation, and payment).
2. LICENSE AND RIGHTS TO USE
2.1 License Grant HostBooks USA LLC grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Services for lawful business or personal purposes in accordance with this Agreement. HostBooks USA LLC reserves all rights not expressly granted. 2.2 Trial Access and Beta Features If you register for a trial period (“Trial”), you may use the Services until the Trial expires. To retain data or continue using the service after the Trial, you must purchase a subscription before the Trial ends. Data entered during a Trial may be permanently deleted after expiration. HostBooks may also release Beta Features for testing, which are provided “as-is” and may contain errors. Use of Beta Features is voluntary and at your own risk. 2.3 Authorized Users If your account includes authorized users (e.g., employees or agents), you are responsible for all activities under your account. You may assign or revoke user access through your account settings. 2.4 Restrictions You agree not to: Copy, modify, reproduce, or distribute the Services; Reverse engineer or decompile any software; Resell, lease, or sublicense access; Use the Services to infringe any third-party rights or applicable laws; Circumvent usage limits or security features. 2.5 Fair Use Policy HostBooks USA LLC’s software is intended for small and medium businesses, tax professionals, and individual users. Users may not create, resell, or share excessive business entities under one license. To ensure optimal system performance, HostBooks reserves the right to restrict or suspend accounts that exceed fair use thresholds. Currently, a maximum of 100 business entities per license and data-related support for up to 10 businesses is permitted.
3. FINANCIAL DATA ACCESS
Certain versions of the Services allow integration with U.S. financial institutions for bank feeds, payment reconciliation, and similar features. By enabling these connections, you authorize HostBooks to: Access your financial institution(s) using the provided credentials; Retrieve, store (in encrypted form), and process financial data; Reformat or transfer data to connected third-party services for functionality. You represent that you have the authority to grant such access and acknowledge that HostBooks is not responsible for any inaccuracies, downtime, or access issues with third-party institutions.
4. PAYMENT AND BILLING
All payments are processed in U.S. Dollars (USD). By subscribing, you authorize HostBooks to charge your designated payment method (credit card, debit card, ACH transfer, or digital wallet). Subscriptions automatically renew unless canceled before the end of the billing period. You must provide current, complete, and accurate billing information. HostBooks may use card updater services to maintain valid payment methods. Late or failed payments may result in suspension or termination of service. No refunds are issued for partial use, cancellations, or terminations. Additional payment, renewal, or cancellation terms may apply as published on the HostBooks website.
5. MOBILE DEVICE USE
Use of the Services on mobile devices may require internet connectivity or third-party data services. You are solely responsible for these requirements and associated costs. HostBooks does not guarantee uninterrupted mobile access or security of third-party networks.
6. PRIVACY AND DATA PROTECTION
Your personal information is governed by the HostBooks Privacy Policy, which complies with applicable U.S. privacy regulations, including the California Consumer Privacy Act (CCPA) and similar state laws. You consent to HostBooks processing, storing, and transmitting your data within the U.S. and internationally as required for service delivery. Aggregated, non-personal data may be used for analytics and product improvement.
7. CONTENT AND USER RESPONSIBILITIES
7.1 Ownership You retain ownership of your content and data. By submitting or uploading data to the Services, you grant HostBooks a worldwide, royalty-free license to host, process, and use such content solely for providing the Services. 7.2 Acceptable Use You agree not to upload or share any content that: Violates U.S. law or intellectual property rights; Contains viruses or malicious code; Is defamatory, obscene, or unlawful; Misrepresents identity or affiliation; Promotes fraud or unauthorized solicitations. 7.3 Feedback HostBooks may use any feedback, ideas, or suggestions you submit for any purpose without obligation or compensation. 7.4 Community and Social Features If the Services include forums or community features, you agree to use them responsibly. Content shared publicly may be visible to others, and HostBooks is not responsible for user-generated content.
8. THIRD-PARTY PRODUCTS AND INTEGRATIONS
The Services may integrate with third-party platforms (e.g., payment processors, cloud storage, or marketing tools). These third parties operate independently, and their terms and privacy policies govern your use of their products. HostBooks is not liable for third-party actions, data handling, or service failures.
9. ADDITIONAL TERMS
9.1 No Professional Advice HostBooks does not provide legal, tax, or accounting advice. Users should consult qualified professionals for such services. 9.2 Service Updates HostBooks may update, modify, or discontinue features from time to time. You agree to receive and install such updates automatically. 9.3 Communications You consent to receive electronic communications (emails, in-app notices, or website updates) related to your account or the Services.
10. DISCLAIMER OF WARRANTIES
The Services are provided “as is” and “as available” without warranty of any kind, express or implied. HostBooks disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HostBooks does not guarantee uninterrupted, secure, or error-free service or that all defects will be corrected.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by U.S. law: HostBooks’ total liability arising out of or related to this Agreement shall not exceed the amount you paid for the Services in the 12 months preceding the claim. HostBooks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. You agree to indemnify and hold HostBooks, its affiliates, and employees harmless from any claims, damages, or expenses arising from your misuse of the Services or violation of these Terms.
12. CHANGES TO TERMS
HostBooks may revise these Terms at any time by posting an updated version on its website or notifying users electronically. Continued use after updates constitutes acceptance of the revised Terms.
13. TERMINATION
HostBooks may suspend or terminate your access if you violate these Terms, fail to pay fees, or engage in unauthorized activity. Upon termination: You must stop using the Services immediately. Access to your data may be disabled after your subscription period ends. Sections regarding Intellectual Property, Indemnity, and Limitation of Liability shall survive termination.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed under the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising under or related to this Agreement shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Delaware, USA, in the English language. Each party shall bear its own costs, and the arbitrator’s decision shall be final and binding.
15. LANGUAGE
This Agreement and all related documentation are drafted and executed in English.
16. GENERAL PROVISIONS
This Agreement constitutes the entire agreement between you and HostBooks USA LLC and supersedes any prior agreements or understandings. If any provision is found invalid or unenforceable, the remaining provisions shall remain in effect. You may not assign this Agreement without HostBooks’ prior written consent. HostBooks may assign this Agreement to its affiliates or successors.
