Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and ProactiveCash (“ProactiveCash,” “we,” “us,” or “our”) governing your access to and use of our website, applications, and related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility and Accounts

You must be at least 18 years old and legally able to enter into a contract to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to “you” include that organization.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized access at [email protected].

2. Description of the Service

ProactiveCash is a multi-tenant SaaS platform that consolidates financial data from accounting systems and bank feeds, generates cash flow forecasts, and provides reporting and collaboration features. Specific features depend on your subscription plan.

3. Subscriptions, Fees, and Payment

• Subscription fees are billed in advance on a monthly or annual basis based on the plan you select.
• Fees are non-refundable except where required by law or as expressly stated in your order form.
• You authorize us, or our payment processor, to charge your designated payment method on a recurring basis until your subscription is cancelled.
• We may change pricing on renewal with at least 30 days’ notice.
• Taxes (if any) are your responsibility unless we are required by law to collect them.

4. Free Trials

We may offer free trials. Unless you cancel before the end of the trial, your subscription will automatically begin at the then-current price. We may modify or terminate free trials at any time.

5. Third-Party Integrations

The Service integrates with third-party services including Intuit QuickBooks Online, Sage Intacct, Oracle NetSuite, and Plaid. Your use of any third-party service is subject to its own terms and privacy policy. You authorize us to access and process data from those services on your behalf using the credentials and OAuth grants you provide.

We are not responsible for the availability, accuracy, content, or practices of third-party services. A change to or interruption of a third-party service may affect your use of the Service.

6. Your Data

You retain all rights to the data you submit to or generate through the Service (“Customer Data”). You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Service for you.

We process Customer Data in accordance with our Privacy Policy. You are responsible for ensuring you have the right to share Customer Data with us and for complying with all applicable laws.

7. Acceptable Use

You agree not to:

• Use the Service to violate any applicable law or third-party right.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Interfere with or disrupt the integrity or performance of the Service, including by introducing malware or attempting to gain unauthorized access.
• Resell, sublicense, or otherwise commercially exploit the Service except as expressly permitted.
• Use the Service to send unsolicited messages or transmit data you do not have a right to transmit.
• Use the Service to develop a competing product.

8. Intellectual Property

The Service, including all software, designs, text, graphics, and documentation, is owned by ProactiveCash or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term, subject to these Terms.

Feedback you provide is non-confidential, and we may use it without restriction or attribution.

9. Confidentiality

Each party may receive information that is confidential to the other. The receiving party will use the disclosing party’s confidential information only to perform under these Terms and will protect it with at least the same degree of care it uses for its own confidential information, but not less than reasonable care.

10. Term and Termination

These Terms remain in effect while you use the Service. You may cancel your subscription at any time from your account settings. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will survive.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT FORECASTS OR ANALYTICS WILL BE ACCURATE. ProactiveCash IS A FINANCIAL TOOL, NOT A LICENSED ACCOUNTANT, BROKER, OR ADVISOR. YOU ARE RESPONSIBLE FOR YOUR BUSINESS AND FINANCIAL DECISIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ProactiveCash AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You will defend, indemnify, and hold harmless ProactiveCash and its affiliates from claims, damages, and expenses arising out of your Customer Data, your use of the Service in violation of these Terms, or your violation of any law or third-party right.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The exclusive venue for any dispute is the state and federal courts located in Delaware, and each party consents to that jurisdiction. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

15. Changes to the Service or Terms

We may modify the Service or these Terms from time to time. When we make material changes to these Terms, we will notify you by email or through the Service at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

16. General

• Entire agreement. These Terms, the Privacy Policy, and any order form constitute the entire agreement between the parties.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any right is not a waiver of that right.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.

17. Contact

Questions about these Terms can be sent to [email protected] or via our contact page.