("You" or "User") and Akounto(the "Company", "We" or "Us"). The
effective date of this Agreement is when You accept or are deemed to
accept this Agreement as discussed below.
We need terms and conditions to keep our platform and services safe
website ‘(insert client’s website)’ and / or any associated site(s)
(our site), whether as a guest or a registered user. Use of our site
includes accessing, browsing, or registering to use our site.
From time to time, we may change or update these Terms without
giving notice to clarify our practices or to reflect new or
different practices, such as when we add new features, and
Akounto reserves the right in its sole discretion to modify and/or
Conditions from time to time for any changes. By continuing to use a
Akounto you agree to all the changes we make to these Conditions.
If you use this website, you are agreeing to be bound by these Terms
of Use without any modification or qualification.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES,
POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS
REMEDY IS TO DISCONTINUE USING THE SERVICE.
If for any reason you are unable to meet all the conditions set
Use contained herein, your permission to use Akounto or access any of
Akounto Services (defined below) immediately lapses and you must
destroy any materials downloaded or printed from the Akounto
2. ABOUT US
We provide the https://akounto.com/ website and services performed
via the website. We are a limited company registered in Canada.
For the purpose of these terms, the term Akounto Websites refers
collectively to all Akounto Websites in all
jurisdictions/locations:Including any other website we may own or
run from time to time that links through to these Conditions.
3. Ownership and Copyright
You acknowledge that any and all information, content, reports,
data, databases, graphics, interfaces, web pages, text, files,
software, product names, company names, trademarks, logos and
tradenames contained on this website (collectively the “Content”),
including the manner in which the Content is presented or appears
and all information relating thereto, are the property of their
respective owners as indicated, the Company or its licensors, as the
case may be. We legally own a wide range of intellectual property
rights used in and relating to the Akounto Websites, including:
each of the trademarks the Akounto, (https://akounto.com/, logos,
slogan, and course directory database (the “Database”).
the design, text, graphics, articles, blogs and other content of
the web pages on Akounto Websites, together with all the web
addresses associated with those web pages, other than those which
we use under license.
all the software used in relation to the Akounto, Websites, other
than that which we use under license.
All the above-mentioned copyright ownership are protected by
copyright laws and treaties around the world. All such rights are
4. PERMITTED USE
Akounto hereby grants to You a limited, revocable, personal,
non-transferable, and non-exclusive license to access, read and
download one copy of the Content solely for the purpose of
evaluating the services offered by us.
5. RESTRICTIONS ON USE
You agree that You will not:
distribute the Content for any purpose, including, without
limitation, compiling an internal database, redistributing, or
reproducing the Content by way of the press or media or through
any commercial network, cable, or satellite system; or
create derivative works of, reverse engineer, decompile,
disassemble, adapt, translate, transmit, arrange, modify, copy,
bundle, sell, sublicense, export, merge, transfer, adapt, loan,
rent, lease, assign, share, outsource, host, publish, make
available to any person or otherwise use, either directly or
indirectly, the Content in whole or in part, in any form or by any
means whatsoever, be they physical, electronic or otherwise.
You shall not permit, allow, or do anything that would infringe or
otherwise prejudice the proprietary rights of Akounto, or its
licensors or allow any third party to access the Content. The
restrictions set out in this Agreement shall not apply to the
limited extent the restrictions are prohibited by applicable law.
Our status (and that of any identified contributors) as the
authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for
commercial purposes without obtaining a license to do so from us
or our licensors.
If you print off, copy or download any part of our site in breach
immediately and you must, at our option, return or destroy any
copies of the materials you have made.
6. USE OF YOUR INFORMATION
With the exception of your non-public personal information, You
hereby grant to the Akounto the perpetual, unlimited,
royalty-free, worldwide, non-exclusive, irrevocable, transferable
license to run, display, copy, reproduce, publish, bundle,
distribute, market, create derivative works of, adapt, translate,
transmit, arrange, modify, sublicense, export, merge, transfer,
loan, rent, lease, assign, share, outsource, host, make available
to any person or otherwise use any information or other content
You provide on or through this website or which is sent to
Akounto by email or other correspondence, including, without
limitation, any ideas, concepts, inventions, know-how, techniques
or any intellectual property contained therein, for any purpose
Akounto shall not be subject to any obligations of confidentiality
regarding any such information unless specifically agreed to by
Akounto in writing or required by law. You represent and warrant
that you have the right to grant the license set out above.
The Company may from time to time, but is not obligated to,
monitor your use of the website and collect, store, use and
disclose information concerning you to solicit you to offer you
its Services, and You hereby consent to such collection, storage,
of privacy You may have in it.
The subscriber and the user acknowledge that we may retain a copy
of his/her/its transactional information gathered through the use
of Akounto and other information uploaded on the subscriber’s
account. We may in certain circumstances export user information
outside Canada. We shall not share personal information with
anyone except in the manner provided in our PrivacyPolicy.
7. WITHDRAWING CONSENT
You may withdraw your consent to receive Communications
electronically by contacting us through Customer Support or as
withdraw your consent to receive Communications electronically,
Akounto may deny your registration for an Account, restrict, or
close your Account, or charge you additional fees for paper copies.
Akounto may terminate this agreement and your use of
Akounto website at any time and for any reason with reasonable
notice to you and without notice if you breach any of these terms
or we suspect you of fraud or suspect that your Account has been
compromised in any way.
Subscribers may use Akounto on an at-will basis until the
agreement has been terminated by either party pursuant to the
terms of this agreement or any related license agreement. You may
also terminate this agreement by following the “Close your Akounto
Account” instructions found on your Account page.
In the case of a company, upon an order or a resolution being
passed for the purposes of winding up the business activities
other than for the purposes of amalgamation, merger or
reconstruction or upon a composition agreement being made with the
creditors.Upon such termination, you must immediately cease using
Akounto indefinitely. We may at our option immediately block your
access to Akounto.
9. SOFTWARE NOTICE
In the event that a user is required to download or use software in
connection with the Services, he or she shall be unable to download
and access such software unless he or she first agrees to the
license agreement relating to such software. Use of any such
10. ACCESS TO AND USE OF OUR WEBSITE
- Access to our site is free of charge.
We do not guarantee that our site, or any content on it, will
always be available or be uninterrupted. Access to our site is
permitted on a temporary basis. We may suspend, withdraw,
discontinue, or change all or any part of our site without notice.
We will not be liable to you if for any reason our site is
unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you
to have access to our site.
You are also responsible for ensuring that all persons who access
our site through your internet connection are aware of these terms
of use and other applicable terms and conditions, and that they
comply with them.
Our site is directed to the global audience and accessible to
anyone in any jurisdiction that is legally allowed to use our
service based on the laws of that jurisdiction. We may limit the
availability of our site or any service or product described on
our site to any person or geographic area at any time. If you
choose to access our site, you do so at your own risk.
You agree to use Akounto and the Services for the purposes that
they were intended and only in accordance with the terms of this
If you register an account, you agree, represent and warrant that
you will provide us with true, current, complete and accurate
information requested in the registration form and from time to
time in connection with your use of Akounto. Your registration for
constitutes consent to use any personal information which
you provide us in such registration for the purposes set out in
ancillary thereto for which your consent may reasonably be
implied. You also will select a username and password. You are
responsible for keeping your username, password, account details,
and all information required in connection with your use of
Akounto confidential and up to date.
If you are not the business owner and are registering an account
on behalf of a business, you represent and warrant that you have
been authorized and directed by your business's principals to open
the account and that you have shared all usernames, passwords and
access credentials with other authorized representatives in your
business and that you have provided us with the business contact
information of at least one other person. If you leave the
business and your business’s principal contacts us, we may be
required to provide access to the Akounto account. You agree to
hold harmless and release the Akounto from any liability if we do
Furthermore, you are entirely responsible for any activities that
occur under your account. You agree to notify us immediately of
any unauthorized access to or use of your account. You agree to
hold harmless and release Akounto from any loss or liability
whatsoever that you may incur as a result of someone other than
you are using your username, password or account, either with or
without your knowledge. You agree to indemnify Akounto, for any
damages, third party claims or liabilities whatsoever that we may
incur as a result of activities that occur on or through your
account, whether or not you were directly or personally
When you first sign up, you can opt for a free trial, based on the
terms specified at the time. If you choose to continue using our
services after the trial, you may be billed when you add your
billing details into our services, explained in more detail in the
Taxes for use of our services : You’re responsible for paying all
other external fees and taxes associated with your use of our
services wherever levied. Your responsibility includes withholding
tax if it applies, unless we already process that withholding tax.
We may collect geographical location information to determine your
location, which may be used for tax purposes. This means location
information you give us must be accurate for tax residency purposes.
Plaid and bank feeds: Your use of automated bank account feeds
enabled by Plaid from within our services is subject to separate
Plaid terms. If your bank or credit union connects to Akounto
directly, you may use those feeds instead of Plaid. Bank feeds are
generally offered for free but may have associated charges that we
will pass on to you.
Payments to Xero: Just so you know, some third-party providers may
pay Akounto a fee that may be related to: referrals from Akounto;
revenue made by the provider; or data that the providers access
about you through our services with your consent. One example would
be you applying for a loan with a third-party lender using your
No refunds: No refund is due to you if you terminate your
subscription or Akounto terminates it in accordance with these
All users will at all times, and on demand, fully indemnify us and
keep us fully indemnified from and against any claims or/and threats
made against us as a result of non-compliance with any of any
representations, warranties or obligations set out in these
Any provision of this Agreement which is held by a court of
competent jurisdiction to be illegal, invalid or unenforceable in
such jurisdiction shall, as to that jurisdiction, be ineffective to
the extent of such illegality, invalidity or unenforceability and
shall otherwise be enforced to the maximum extent permitted by law,
all without affecting the remaining provisions of this Agreement or
affecting the legality, validity or enforceability of such provision
in any other jurisdiction.
14. OWNERSHIP AND DISCLOSURE OF INFORMATION
You own all of your business’s private data, content, and all
information which you enter and use in connection with the Services.
We do not claim any rights, proprietary or otherwise over any data
or information which you may use or disclose in connection with the
Service and Akounto. Notwithstanding the above, there may be
circumstances in which we may be required to disclose data, such as
- For the purposes of fraud prevention and law enforcement.
To comply with any legal, governmental, or regulatory requirement.
To our lawyers in connection with any legal proceedings; and
- To comply with a court order.
If we are required to disclose your data or information, we will use
our best efforts to provide you with reasonable notice in the
circumstances and if appropriate the right to challenge any such
strive to protect your privacy and limit disclosure of your personal
15. LIMITATION OF LIABILITY
There is no guarantee that personal information and transactions
on this website or on the internet will be maintained confidential
and secure. the use of this website and the content is at your own
risk, and Akounto assumes no liability or responsibility
pertaining to the content, your use of the website or the receipt,
storage, transmission or other use of your personal information.
the subscribers and the users hereby agree to release, remise and
forever discharge Akounto from any and all manner of rights,
losses, costs, claims, complaints, demands, debts, damages, causes
of action, proceedings, liabilities, obligations, legal fees,
costs and disbursements of any nature whatsoever, including
without limitation any lost profit, indirect, consequential,
exemplary, incidental, special or punitive damages (collectively,
a "claim") whether known or unknown, which now or hereafter arise
from, relate to, or are connected with
- this agreement.
the use of Akounto and its services and any related applications
including third party services.
- the use of any software related to Akounto.
viruses, spyware, service provider failures or internet access
loss of use, loss of data, error, inaccuracy of data, payment
failure, payment defect, inaccurate calculations (except as
otherwise set out herein), downtime, identity theft, fraud, or
unauthorized access; or
any information, document, materials, tools, utilities, product
or data that relating to the use of Akounto and the services;
whether such claim is based in contract or tort or otherwise,
even if we have been advised of the possibility of such claim,
or such claim was reasonably foreseeable and notwithstanding the
sufficiency or insufficiency of any remedy provided for herein
or in any license.
Akounto will not be responsible for any damages You or any third
party may suffer as a result of the transmission, storage or
receipt of confidential or proprietary information that You make
or that You expressly or implicitly authorize the Company to make,
or for any errors or any changes made to any transmitted, stored
or received information.
You are solely responsible for the retrieval and use of the
Content. You should apply Your own judgment in making any use of
any Content, including, without limitation, the use of the
information as the basis for any conclusions.
if you are a Californian resident, you hereby waive California
Civil Code 1542 in connection with any release provided by you in
"a general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time
of executing the release which if known by him or her must have
materially affected his or her settlement with the debtor."
separate agreement with you Akounto, its licensees, affiliates,
and third party service providers, disclaim, and expressly do not
provide any direct or indirect, express or implied representation
or warranty as to title, non-infringement of intellectual
property, or merchantability or merchantable quality; or that
Akounto, the services, any third party services and online
services, and any content, materials, tools, utilities, software
and functionality will:
be fit or suitable for any specific purpose or intended use.
- meet the users' requirements and expectations.
be uninterrupted, flawless, timely, accurate, reliable, secure
or error free, or.
be free of viruses or other harmful elements. you expressly
acknowledge and agree that Akounto and the services are provided
on an "AS IS" basis and you agree to use Akounto, the services,
any third-party services and online services, and any content,
materials, tools, utilities, software and functionality related
to Akounto at your own risk. you agree to determine the
suitability of Akounto and services for your intended use and
agree to verify all results obtained using Akounto and the
You acknowledge and agree that computer and telecommunications
systems are not uninterrupted or fault free and we do not make any
representation or warranty in relation to such systems. You
further acknowledge and agree that occasional periods of downtime
for repair, maintenance and upgrading may be required and we
cannot therefore guarantee uninterrupted provision of the Akounto
Websites. We will take reasonable steps to minimise any such
periods of interruption or non-availability.
You acknowledge and agree that we make no warranty and give no
representation of any kind in relation to third party data and we
accept no responsibility or liability for inaccuracy in or arising
out of third-party data.
16. GOVERNING LAW AND ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN
WHICH USERS MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES
If a User has a dispute with Akounto, we will first seek to
resolve such a dispute through our support team.
All disputes arising under or in connection with the Agreement
will be submitted to binding arbitration in Vancouver, British
Columbia, Canada, pursuant to the Commercial Arbitration Rules of
the Canadian Arbitration Association (“CAA”) and the procedures
set forth below.
All disputes that cannot be resolved pursuant to the internal issue
resolution process identified above will be submitted to and settled
by final and binding arbitration. The arbitration will take place in
Vancouver, British Columbia, Canada and will apply the governing law
of this Agreement. The final and binding arbitration will be
performed in English by a single arbitrator who is a practicing or
retired commercial lawyer or judge and in accordance with and
subject to the Commercial Arbitration Rules of the CAA then in
effect. The decision of the arbitrator will be final and binding,
and judgment on the award may be entered in any court of competent
jurisdiction. The arbitrator will be bound by the warranties,
limitations of liability, and other provisions of this Agreement.
Notwithstanding the foregoing, each party may seek injunctive relief
in a court of competent jurisdiction, where appropriate, to protect
its rights pending the outcome of the arbitration.
Jurisdiction/Venue; Governing Law
this Agreement shall be governed by and construed in accordance with
the laws of the Province of British Columbia (irrespective of its
choice of law principles). The parties hereby agree that any suit to
enforce any provision of this Agreement or arising out of or based
upon this Agreement or the business relationship between the parties
hereto shall be brought in the courts of Vancouver, British
Columbia, Canada. Each party hereby agrees that such courts shall
have exclusive personal jurisdiction and venue with respect to such
party, and each party hereby submits to the exclusive personal
jurisdiction and venue of such courts.
Both User and Akounto agree to have all disputes, claims or
controversies arising out of or relating to this agreement decided
by neutral binding arbitration and are giving up any rights it might
possess to have those matters litigated in a court or jury trial. by
agreeing to this agreement, both User and Akounto, are giving up
their respective judicial rights to discovery and appeal except to
the extent that they are specifically provided for under this
agreement. if any party refuses to submit to arbitration after
agreeing to this provision, that party may be compelled to arbitrate
under federal, state, or provincial law. Both User and Akounto
confirm their agreement to this arbitration provision is voluntary.
17. FORCE MAJEURE
Neither party should be held liable for a delay or failure in
performance of the agreement for services caused by reason of any
occurrence of unforeseen event beyond its reasonable control,
including but not limited to, acts of God, natural disasters, power
failures, server failures, third party service provider failures or
service interruptions, embargo, labour disputes, lockouts and
strikes, riots, war, floods, insurrections, legislative changes, and
governmental actions. The party so affected by the unforeseen event
shall be so excused on a day-to-day basis for the period of time
equal to that of the underlying cause of delay.
18. ENTIRE AGREEMENT
These conditions as it may be amended from time to time, and any and
all other legal notices and policies on this website, constitutes
the entire agreement between Akounto and All users of Akounto
Websites, and supersedes all prior discussions, agreement or
understanding between the two parties (Akounto and All Users of