Terms of service

TERMS OF SERVICE

Last Updated: January 22, 2026

Effective Date: January 22, 2026

AGREEMENT TO TERMS

These Terms of Service (“Terms“) constitute a legally binding agreement between you (“User,” “you,” or “your“) and Smartqix LLC (“Company,” “we,” “us,” or “our“) governing your access to and use of QixCount, including our website, mobile applications, and all related services (collectively, the “Services“).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

If you are accessing the Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1. ELIGIBILITY

1.1 Age Requirement

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old.

1.2 Business Use

The Services are intended for business and professional use. By using the Services, you represent that you are using them for legitimate business purposes.

1.3 Account Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

2. DESCRIPTION OF SERVICES

2.1 Platform Overview

QixCount is a cloud-based accounting software platform that provides:

• Accounting and bookkeeping tools
• Invoicing and billing management
• Bank account synchronization and reconciliation
• Financial reporting and analytics
• AI-powered automation and assistance
• Tax compliance features (W-9, 1099)
• Multi-user collaboration
• Additional modules (Inventory, Payroll, etc.) as available

2.2 Third-Party Integrations

The Services integrate with third-party providers including:

• Plaid for bank account connections
• Stripe for payment processing
• AWS for document processing
• AI providers for intelligent features

Your use of these integrations is subject to their respective terms and policies.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes.

3. SUBSCRIPTION AND BILLING

3.1 Subscription Plans

Access to the Services requires a paid subscription. We offer monthly and annual subscription plans with varying features and pricing as described on our website.

3.2 Free Trials

We may offer free trial periods at our discretion. At the end of a trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

3.3 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• You authorize us to charge your payment method on file for all applicable fees
• Prices are subject to change with 30 days’ notice
• All fees are quoted and charged in U.S. dollars unless otherwise specified

3.4 Taxes

You are responsible for all applicable taxes. We will collect and remit taxes where required by law.

3.5 Payment Failure

If payment fails, we may:

• Attempt to charge your payment method again
• Suspend access to the Services
• Downgrade your account
• Terminate your account after reasonable notice

3.6 No Refunds

ALL FEES ARE NON-REFUNDABLE. You may cancel your subscription at any time, but you will not receive a refund for any unused portion of your subscription period. Your access will continue until the end of your current billing cycle.

3.7 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period.

4. USER RESPONSIBILITIES

4.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use the Services to harm, threaten, or harass others
• Misrepresent your identity or affiliation
• Use automated scripts or bots without our permission
• Resell or redistribute the Services without authorization
• Use the Services for money laundering or fraudulent purposes

4.2 Data Accuracy

You are solely responsible for the accuracy and completeness of all data you input into the Services. We are not responsible for errors resulting from inaccurate data entry.

4.3 Compliance

You are responsible for ensuring your use of the Services complies with all applicable laws, including tax laws, financial regulations, and data protection requirements.

4.4 Security

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

5. INTELLECTUAL PROPERTY

5.1 Our Intellectual Property

The Services, including all software, content, designs, logos, trademarks, and documentation, are owned by Smartqix LLC or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes.

5.2 Your Data

You retain all ownership rights to the data you input into the Services (“Your Data“). By using the Services, you grant us a limited license to use, process, and store Your Data solely to provide and improve the Services.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a royalty-free, worldwide, perpetual license to use such feedback without obligation to you.

5.4 Restrictions

You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Remove any proprietary notices from the Services
• Use our trademarks without written permission

6. CONFIDENTIALITY

6.1 Your Confidential Information

We will maintain the confidentiality of Your Data and will not disclose it except:

• As necessary to provide the Services
• With your consent
• As required by law
• To our service providers bound by confidentiality obligations

6.2 Our Confidential Information

You agree to maintain the confidentiality of any non-public information about the Services, including pricing, features, and technical details.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing

By using the Services, you acknowledge that we may process Your Data using third-party service providers located in the United States.

7.3 Data Security

We implement reasonable security measures to protect Your Data. However, no system is completely secure, and we cannot guarantee absolute security.

7.4 Data Retention

We retain Your Data in accordance with our Privacy Policy and applicable legal requirements. Upon account termination, we will delete Your Data within a reasonable time, subject to legal retention requirements.

8. SERVICE LEVEL AGREEMENT

8.1 Uptime Commitment

We target 99.5% uptime for the Services, measured monthly, excluding scheduled maintenance and circumstances beyond our control.

8.2 Scheduled Maintenance

We will make reasonable efforts to perform scheduled maintenance during off-peak hours and to provide advance notice when possible.

8.3 Service Credits

If we fail to meet our uptime commitment in any month, you may be eligible for service credits as follows:

• 99.0% – 99.5% uptime: 10% credit of monthly fee
• 95.0% – 99.0% uptime: 25% credit of monthly fee
• Below 95.0% uptime: 50% credit of monthly fee

To request credits, you must notify us within 30 days of the downtime event. Credits are applied to future invoices and are not redeemable for cash.

8.4 Exclusions

The uptime commitment does not apply to:

• Scheduled maintenance
• Force majeure events
• Third-party service outages (Plaid, Stripe, AWS, etc.)
• Your equipment, software, or network issues
• Abuse or misuse of the Services
• Features labeled as “beta” or “preview”

9. THIRD-PARTY SERVICES

9.1 Third-Party Integrations

The Services integrate with third-party services. Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for third-party services.

9.2 Third-Party Links

The Services may contain links to third-party websites. We are not responsible for the content or practices of these websites.

9.3 Bank Connections

When you connect bank accounts through Plaid, you agree to Plaid’s terms of service. We are not responsible for errors or issues with bank data provided by Plaid.

10. DISCLAIMERS

10.1 “As Is” Basis

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

10.2 No Financial or Tax Advice

THE SERVICES ARE TOOLS FOR ACCOUNTING AND FINANCIAL MANAGEMENT. WE DO NOT PROVIDE FINANCIAL, TAX, LEGAL, OR INVESTMENT ADVICE. YOU SHOULD CONSULT QUALIFIED PROFESSIONALS FOR SUCH ADVICE.

10.3 Accuracy

We do not guarantee that the Services will be error-free, uninterrupted, or that calculations will be accurate. You are responsible for verifying all outputs.

10.4 AI Features

AI-powered features may produce inaccurate results. You should review and verify all AI-generated content before relying on it.

10.5 Third-Party Data

We are not responsible for the accuracy of data provided by third parties, including bank data from Plaid.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTQIX LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED DOLLARS ($100)

11.3 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

11.4 State Law Variations

Some states do not allow certain limitations of liability. If these laws apply to you, some limitations may not apply.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Smartqix LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law
• Your violation of any third-party rights
• Your Data or content you upload to the Services
• Any dispute between you and a third party

13. DISPUTE RESOLUTION

13.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@qixcount.com to attempt informal resolution. We will attempt to resolve the dispute within 60 days.

13.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be held in Columbus, Ohio, or another mutually agreed location. The arbitrator’s decision shall be final and binding.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You waive any right to participate in class actions, class arbitrations, or representative actions.

13.4 Exceptions

The following claims are not subject to arbitration:

• Claims for injunctive relief to prevent intellectual property infringement
• Small claims court actions (if eligible)
• Claims that cannot legally be arbitrated

13.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@qixcount.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out.

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through the Services or by contacting us.

14.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, including if:

• You breach these Terms
• You fail to pay fees when due
• We are required to do so by law
• We discontinue the Services

14.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• You remain liable for all fees owed
• We may delete Your Data after a reasonable period (typically 30 days)
• Provisions that should survive termination will survive (including Sections 5, 6, 10, 11, 12, 13, and 15)

14.4 Data Export

Before termination, you may export Your Data using the export features in the Services. We are not obligated to retain Your Data after termination.

15. GENERAL PROVISIONS

15.1 Governing Law

These Terms shall be governed by the laws of the State of Ohio, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Services.

15.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or utility outages.

15.7 Notices

We may provide notices to you via email, in-app notifications, or posting on our website. You may provide notices to us at legal@qixcount.com.

15.8 Headings

Section headings are for convenience only and do not affect interpretation.

15.9 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15.10 Export Compliance

You agree to comply with all applicable export laws and regulations.

16. CHANGES TO TERMS

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the “Last Updated” date
• Sending you an email notification (for significant changes)

Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

17. CONTACT US

If you have questions about these Terms, please contact us:

Smartqix LLC

Email: legal@qixcount.com

Mail: 175 South 3rd Street, Ste 200, Columbus, OH 43215

These Terms of Service were last reviewed and updated on January 22, 2026.