Terms of Use

ATTENTION: PLEASE READ THESE TERMS & CONDITIONS ("TERMS") CAREFULLY BEFORE USING TRIPLESYNC. USE OF TRIPLESYNC INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY EVERY TERM OR CONDITION, OR IF ANY REPRESENTATION MADE HEREIN BY YOU IS NOT TRUE, YOU MAY NOT USE, AND MUST CEASE USING, TRIPLESYNC. YOU REPRESENT AND WARRANT THAT YOU POSSESS THE LEGAL RIGHT, CAPACITY AND ABILITY TO AGREE TO THESE TERMS AND CONDITIONS AND USE TRIPLESYNC IN ACCORDANCE WITH THEM. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY, PLEASE READ THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. IF YOU ARE USING TRIPLESYNC ON BEHALF OF A CORPORATION OR OTHER ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ABILITY TO AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ORGANIZATION AND ALL REFERENCES TO "YOU" THROUGHOUT THESE TERMS AND CONDITIONS WILL INCLUDE SUCH ORGANIZATION, JOINTLY AND SEVERALLY WITH YOU PERSONALLY.

Introduction

These Terms of Service (the "Terms") govern your use of this website (the "Site"), including its sub-domains and mobile-optimized versions, along with the TripleSync software and related services offered thereby. These Terms shall be read in conjunction with our Privacy Policy (the "Policy"), incorporated herein by reference at https://www.accretivedigital.com/privacy.

The Site and related products and services are provided by Accretive Digital ("Accretive Digital"), a sole proprietorship registered in Ontario, Canada. The terms 'us', 'its', 'ours' and/or 'we', as used herein, refer to Accretive Digital and/or our affiliates, assignees, successors and/or brands. As used herein, the terms 'you', 'your', and/or 'yourself' refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

Services

Accretive Digital offers TripleSync, a business accounting software solution for small and medium businesses (collectively, the "Service(s)"). You can choose from our products or develop with us your own customized solution specific to your requirements (the "Products"). We are committed to helping you manage your business effectively online.

Acceptance

By continuing to browse and use TripleSync, you acknowledge and agree to be bound by these Terms which, together with our Privacy Policy, will govern Accretive Digital's relationship with you in relation to the Site and Services.

Updates

Accretive Digital reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the Products and the Services, at any time and without notice. Any changes will be displayed on the Site, and we will notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update – either by an account registration or simple use – thereby indicates your acceptance thereof.

Support Services

If you have any questions or complaints regarding the Site, the Products or the Services, please contact us as indicated on our contact web page. We offer live-chat services where you can chat with our customer agents to express your queries. You may also email us. We will undertake commercially reasonable efforts to respond as quickly as possible. You must provide us with full details of your service query so that we can clearly identify your issue of concern.

Payments

You must provide us with valid and current billing information. Except when required by law, all purchases are final and non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due upon notice.

You hereby authorize us to charge your credit card or payment processing account. We will submit periodic charges without further authorization from you, and such authorization shall remain effective until the subscription is canceled by you.

We use internationally accepted third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Accretive Digital is not responsible for any errors, fees and currency conversion fees by the payment processor.

Price Adjustments and Billing Plans

Accretive Digital reserves the right to change the pricing for the Products and Services offered through the Site at any time, with reasonable notice. Any such price changes will be communicated to you in advance through the Site, by email, or other forms of communication.

We may offer various billing plans for the Products and Services. Each billing plan may come with different pricing, features, and terms of service. By selecting a billing plan, you agree to the pricing, features, and terms associated with that plan.

Account Registration and Security

To use our Products or Services, you may need to create an account, including all mandatory fields on the registration form. You must provide accurate and complete information. You agree to keep your password confidential and not communicate it to anybody. If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach of security or unauthorized use of your account.

Account Suspension, Termination

Accretive Digital encourages you to report violations of our Terms. Users undertaking conduct that may constitute a factual or alleged breach of these Terms, including but not limited to using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole discretion, without notice.

We reserve the right to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use TripleSync, or if you suspect a breach of security or unauthorized use of your account.

Suspension or rejection of your account by one of our integrated partners due to Terms of Service violations or other relevant reasons will result in suspension or termination from our platform.

Service Eligibility

TripleSync is intended for users who have reached the age of majority in their province or territory of residence (18 or 19 years, depending on the jurisdiction). Users under the age of majority may only use the service under the direct supervision of a parent or legal guardian. We do not knowingly collect any information from persons under the age of majority, and will delete any related information upon discovery.

Prohibited Activities

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site, Products or Services to:

• Infringe these Terms, or allow, encourage or facilitate others to do so
• Plagiarize or infringe the intellectual property rights or privacy rights of any third party
• Distribute or post content that:
  • Infringes intellectual property rights
  • Promotes discrimination, racism, harm, or hatred
  • Endangers children and minors
  • Facilitates illegal or fraudulent activities
  • Constitutes a criminal offense
  • Is obscene, sexually explicit, threatening, or defamatory
• Collect personal information without consent
• Use automated processes to data-mine or scrape our services
• Disseminate malicious code or cause unreasonable load on our infrastructure
• Reverse engineer or decompile our software

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, Products or Services are the property of – or otherwise are licensed to – Accretive Digital or its licensors or affiliates, whether acknowledged or not, and which are protected under intellectual property laws of Canada and other jurisdictions throughout the world.

'Intellectual property rights' shall mean any and all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of Canada and other applicable jurisdictions.

Licenses for TripleSync

Representations and Warranties

You represent and warrant that:

• Your use of our Site, Products and Services complies with these Terms and all applicable laws
• You have obtained all necessary rights and permissions to provide any data to us
• Any use, collection and disclosure authorized herein is consistent with applicable privacy policies

Indemnification

You agree to indemnify and hold harmless Accretive Digital, its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of nature, war, terrorism, pandemic, changes in laws or regulations, or failures of third-party service providers.

Governing Language

These Terms may be translated into other languages for convenience. The English language version shall prevail in case of any conflict or discrepancy.

General Provisions

• Assignment: These Terms will benefit any successors of the parties
• Content Moderation: We reserve the right to monitor and remove inappropriate content
• Entire Agreement: These Terms constitute the entire agreement between parties
• No Waiver: Failure to enforce any right shall not constitute a waiver
• Severability: If any provision is found to be unenforceable, the remaining provisions remain in effect
• Notices: All notices must be in writing and sent to the addresses specified
• Taxes: You are responsible for applicable taxes and maintaining accurate payment information

Applicable Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved through the following process:

1. The parties will first attempt to resolve any dispute through good-faith negotiation.
2. If negotiation fails, the dispute shall be submitted to mediation under the ADR Institute of Canada's Mediation Rules.
3. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration under the Arbitration Act (Ontario), administered by the ADR Institute of Canada. The arbitration shall:
   • Be conducted in English in Toronto, Ontario
   • Be heard by a single arbitrator
   • Follow simplified procedures for claims under CAD 50,000
   • Be completed within 120 days unless extended by mutual agreement

Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy legislation.

Contact

For questions about these Terms or our Services, please contact us at:

Email: triplesync@accretivedigital.com