Terms of Service
Last updated: December 10, 2024
Please read these Terms of Service ("Terms") carefully before using the ClosePack website and services operated by ClosePack, Inc. ("Company," "we," "us," or "our").
1. Acceptance of Terms
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.
2. Description of Service
ClosePack provides financial close automation software designed to help finance teams streamline month-end close processes, variance analysis, and financial reporting. Our services are provided "as is" and "as available."
3. Account Registration
To use certain features of our services, you must:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
4. Subscription and Payment
Billing: Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan.
Automatic Renewal: Your subscription will automatically renew unless you cancel before the renewal date.
Refunds: Fees are non-refundable except as required by law or as explicitly stated in writing.
Price Changes: We reserve the right to modify pricing with 30 days' notice.
5. Acceptable Use
You agree not to:
- Use the service for any unlawful purpose
- Attempt to gain unauthorized access to any systems or networks
- Interfere with or disrupt the integrity of our services
- Upload malicious code, viruses, or harmful data
- Reverse engineer, decompile, or disassemble our software
- Share your account credentials with third parties
- Resell or redistribute our services without authorization
- Use automated systems to access our services without permission
6. Intellectual Property
All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and design, are owned by ClosePack and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without express written permission.
7. Your Data
Ownership: You retain all rights to the data you upload to our services.
License: You grant us a limited license to use, store, and process your data solely to provide our services to you.
Backup: While we maintain backups, you are responsible for maintaining your own copies of important data.
8. Confidentiality
We treat your financial data as confidential information. We will not disclose your data to third parties except as necessary to provide our services, comply with law, or with your consent.
9. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable notice. We are not liable for any downtime or service interruptions.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOSEPACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Indemnification
You agree to indemnify and hold harmless ClosePack and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or violation of these Terms.
13. Termination
We may terminate or suspend your account immediately, without prior notice, for any breach of these Terms. Upon termination, your right to use our services will cease immediately. You may terminate your account at any time by contacting us.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
15. Dispute Resolution
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of our services after such changes constitutes acceptance of the new Terms.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@closepack.com
ClosePack, Inc.