Terms of Use

These Terms of Use ("Terms") are a legal agreement between Accomplish Ltd ("Accomplish", "we", "us", or "our") and you. These Terms govern your access to and use of the online accounting system known as CashManager Cloud (CMC) ("Software").

By accessing or using the Software, you agree to be bound by these Terms. If you do not agree, you must immediately cease using the Software. We reserve the right to modify these Terms at any time, effective upon posting to our website or within the Software. We will make reasonable efforts to notify you of significant changes via email or system notification. Your continued use of the Software constitutes acceptance of the updated Terms.

1. Definitions & Key Terms

• "Confidential Information": All information exchanged between the parties, whether written, electronic, or oral, including the Software, excluding information that is or becomes publicly available through no fault of the receiving party.
• "Data": Any data, files, or information inputted, imported, or uploaded by you into the Software.
• "Intellectual Property Right": Any patent, trademark, service mark, copyright, moral right, design right, know-how, or other intellectual property rights worldwide, whether registered or unregistered, belonging to Accomplish or its licensors.
• "Invited User": Any person, other than the Subscriber, granted access to the Software by the Subscriber.
• "Subscriber": The person or entity who registers a Company profile within the Software and is responsible for the payment of the Subscription Access Fee.
• "Subscription Access Fee": The fee (excluding taxes and duties) payable by the Subscriber according to the pricing schedule published on our Website or within the Software.
• "Website": The internet site at the domain www.cashmanager.io or any other site operated by Accomplish.
• "You" and "Your": Refers to the Subscriber and, where applicable, any Invited Users, employees, consultants, or agents authorized to access the Software.

2. Subscription Management & User Roles

2.1 Subscriber Control

The Subscriber has full control over how their subscriptions are managed and who may access them. The Subscriber is responsible for:

• Determining and managing access levels and permissions for all Invited Users.
• Resolving any access or data disputes with Invited Users.
• All activity, data inputs, and compliance breaches caused by their Invited Users.

2.2 Software License

Accomplish grants you a non-exclusive, non-transferable, and strictly limited right to use the Software in accordance with these Terms. This right continues until the subscription is terminated, or (in the case of an Invited User) until access is revoked or the subscription lapses.

3. Acceptable Use Rules

Regardless of your user role, you must only use the Software for lawful internal business purposes. You strictly agree that you will never:

1. Undermine, compromise, or interfere with the security or integrity of our computing systems, hosting environment, or networks.
2. Use the Software in any manner that impairs its functionality or disrupts use by other customers.
3. Gain or attempt to gain unauthorized access to any part of our systems.
4. Introduce, upload, or transmit any viruses, malware, or malicious code.
5. Input or share any content that is illegal, offensive, defamatory, or infringes the intellectual property rights of others.
6. Modify, copy, adapt, reproduce, disassemble, decompile, or reverse-engineer the Software or extract its source code.
7. Resell, lease, sublicense, or redistribute the Software or data accessed through our services.
8. Commit fraud or any other illegal acts through the Software.
9. Act in an abusive, harassing, or disrespectful manner toward any Accomplish employee, contractor, or partner.

4. Fees, Billing & Payment

4.1 Free Trials

When you first register, you may be granted a free trial under the conditions specified at signup. If you choose to continue using the Software after the trial period, you must provide valid payment details and pay the applicable Subscription Access Fee.

4.2 Payment Terms

Subscription Access Fees are billed monthly in advance. To maintain access to the Software, all fees must be paid when due. You are responsible for all external fees, banking charges, and statutory taxes associated with your use of the Software.

4.3 Late Payment & Suspension

If timely payment is not received, Accomplish reserves the right to suspend or restrict access to the affected subscription and its associated data until all overdue balances are paid in full.

4.4 Automated Bank Feeds (EziFeed)

• Direct & Global Feeds: When applying for direct bank feeds or global bank feeds (powered by Akahu), you will be required to review and agree to the respective bank's or Akahu's terms of service.
• Third-Party Fees & Fair Use: While EziFeed data is generally provided free of charge, this is subject to a reasonable use policy. Accomplish reserves the right to pass on specific data-transmission or connection charges levied by third-party providers or banks, particularly in cases of excessive data volume or high feed counts. Accomplish will notify you via email of any such charges or fair-use exceptions before applying them.
• Cancellation: You may discontinue the EziFeed service at any time by giving written notice to Accomplish, subject to standard bank processing timelines.

5. Security Obligations

5.1 Credentials

You must ensure that all usernames and passwords required to access the Software are kept secure and strictly confidential. You must immediately notify Accomplish of any unauthorized credential use or security breach, and immediately reset your password. Passwords must meet our minimum complexity standards and must not be shared among multiple users.

5.2 Our Safeguards

Accomplish employs technical, physical, and administrative safeguards (such as multi-factor authentication) to protect your data. However, because no method of electronic storage or transmission is completely secure, we cannot guarantee absolute security. We will notify you if we detect unauthorized access to your account and may temporarily restrict access during security investigations.

5.3 Prohibited Data Storage

You agree not to use free-form text fields inside the Software to store sensitive personal information (other than explicit identity fields like first/last name), credit card details, tax identifiers, or raw bank account credentials.

6. Intellectual Property, Data & Confidentiality

6.1 Accomplish Ownership

Title to, and all Intellectual Property Rights in the Software, the Website, the design, the compilation, visual branding, and any documentation or system upgrades remain the exclusive property of Accomplish or its licensors.

6.2 Data Ownership & Backups

Title to and Intellectual Property Rights in your uploaded Data remain your property. While Accomplish follows industry-best practices to prevent data loss - including a daily backup regime - we do not guarantee that data loss or corruption will never occur. Accomplish expressly excludes liability for any loss or corruption of Data, and it remains your responsibility to maintain independent copies of your historical business records.

6.3 Confidentiality

Each party agrees to preserve the strict confidentiality of all Confidential Information obtained from the other party in connection with these Terms. Neither party will disclose or make Confidential Information available to any third party without prior written consent, except as required by law or as expressly contemplated by these Terms. This obligation survives the termination of these Terms.

6.4 Privacy Policy

Accomplish processes personal data in accordance with its Privacy Policy. By accepting these Terms, you acknowledge that you have read and accepted our Privacy Policy.

7. Warranties, Disclaimers & Indemnity

7.1 "As-Is" Disclaimer

The Software is provided on an "as is, where is" basis. Accomplish does not warrant that the Software will be completely error-free or uninterrupted. System access may be disrupted by network unpredictability, internet outages, or scheduled maintenance.

7.2 Business Use & Consumer Guarantees

You warrant that you are acquiring the right to use the Software strictly for business purposes. To the maximum extent permitted by law, any statutory consumer protection laws or consumer guarantees do not apply to these Terms, the Website, or the Software. All implied warranties of merchantability or fitness for a particular purpose are expressly excluded.

7.3 Professional Accounting Advice Disclaimer

Accomplish is a software provider and is not your accountant. The Software must not be used as a substitute for professional accounting, tax, or legal advice. You are solely responsible for verifying the accuracy of any tax, legal, or compliance outputs generated by the Software before submitting them to regulatory bodies.

7.4 Indemnity

You agree to indemnify and hold Accomplish harmless against all claims, legal costs, damages, and financial losses arising directly or indirectly from:

• Your breach of any of these Terms.
• Any negligent or unauthorized use of the Software by your users.
• Any incorrect, corrupt, or illegal Data uploaded or imported into the Software by you or your Invited Users.

8. Limitation of Liability

8.1 Total Exclusion

To the maximum extent permitted by law, Accomplish excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any indirect or consequential loss, loss of profit, loss of savings, or loss of Data resulting from your use of or reliance on the Software.

8.2 Liability Cap

If you suffer direct loss or damage resulting from Accomplish's failure to comply with these Terms or due to our negligence, any claim by you will be limited to a maximum total aggregate amount equal to the Access Fees paid by you to Accomplish in the previous six (6) months.

8.3 Sole Remedy

If you are dissatisfied with the Software, your sole and exclusive remedy is to terminate your subscription in accordance with Section 9.

9. Termination & Data Retention

9.1 No-Fault Cancellation

Your subscription automatically renews at the end of each billing cycle for an identical duration. Either party may terminate the subscription at any time by giving at least 30 calendar days' written notice. You remain liable for all subscription fees accrued up to and including the effective date of termination. No refunds will be provided for partial months or early termination.

9.2 Immediate Termination for Breach

Accomplish may suspend or terminate your access to the Software immediately, at its sole discretion, if you:

• Breach any material provision of these Terms and fail to remedy it within 14 calendar days of receiving written notice.
• Commit a breach that cannot be remedied (including non-payment of fees overdue by more than 30 days).
• Go into liquidation, insolvency, bankruptcy, have a receiver appointed over your assets, or enter into an arrangement with your creditors.

9.3 Data Retention Policy

Upon the effective date of termination, your active access to the Software and Data will cease. Accomplish will retain your historical Data for a statutory period of 7 years from the date of termination, after which it will be permanently deleted. Within this 7-year window, you may request to reactivate your subscription to regain access to the Data, subject to the payment of any reactivation fees. Alternatively, you may contact us to request the permanent deletion of your data prior to the 7-year mark.

10. General Conditions

10.1 Entire Agreement

These Terms, alongside the Accomplish Privacy Policy, constitute the entire agreement between you and Accomplish regarding the Software, superseding all prior oral or written representations, agreements, or understandings.

10.2 Governing Law & Jurisdiction

These Terms are governed by, and construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of Auckland, New Zealand for all disputes arising under or in connection with these Terms.

10.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that specific provision will be replaced with a valid provision that best achieves the original intent. The remaining terms will remain fully binding.

10.4 No Assignment

You may not assign, transfer, or sublicense any of your rights under these Terms to any other person or entity without the prior written consent of Accomplish.

10.5 Notices

Any notice required under these Terms must be in writing via email. Notices to Accomplish must be sent to info@cashmanager.io. Notices to you will be sent to the email address registered to your Software master account. Notices are deemed received at the time of email transmission.

10.6 Survival of Clauses

Sections 1, 6, 7, 8, 9.3, and 10 survive the expiry or termination of these Terms.

Contact Details

Accomplish Ltd
PO Box 74310
Market Road, Auckland, New Zealand
Email: info@cashmanager.io
Web: www.cashmanager.io