These Terms of Service (the “Terms”) are a legally binding agreement between you and Modern Accounting AI (“Modern Accounting AI,” “Company,” “we,” “us,” or “our”). They govern your access to and use of modernaccountingai.com, our web application, and related software, content, and support (collectively, the “Service”).
By creating an account, clicking to accept, starting a trial, submitting a payment, or otherwise accessing or using the Service, you agree to these Terms, the Privacy Policy, and the Disclaimer. If you do not agree, do not use the Service.
1. Parties, capacity, and electronic contracting
You represent that you are at least 18 years old, have the legal capacity to enter a binding contract, and, if you use the Service on behalf of an organization, that you have authority to bind that organization. In that case, “you” means the organization, and you remain personally responsible for your own compliance.
The Service is offered only to businesses and professionals for commercial use. You represent that you are not using the Service primarily for personal, family, or household purposes. Consumer-protection statutes that apply solely to consumer transactions do not apply to the extent they may be waived or are inapplicable to commercial software licenses.
You consent to do business electronically. Electronic records, clickwrap acceptance, and electronic signatures satisfy any legal writing requirement under the federal E-SIGN Act and the Florida Uniform Electronic Transaction Act, Chapter 668, Florida Statutes. We may deliver notices, invoices, and operational communications by email, in-product message, or posting on the Service.
2. The Service
Modern Accounting AI provides cloud software for bookkeeping, invoicing, payables, reporting, cash forecasting, document storage, and related financial-operations workflows. We may add, change, or remove features, impose usage limits, or discontinue the Service in whole or in part. We have no obligation to provide any particular feature indefinitely.
The Service is software only. It is not a certified public accounting firm, law firm, tax firm, or financial advisor. It does not provide professional advice. The Disclaimer is incorporated into these Terms.
3. Accounts and security
You must provide accurate registration information and keep it current. You are responsible for all activity under your organization’s accounts, including actions by invited users. You will safeguard credentials, implement appropriate internal access controls, and notify us promptly at legal@modernaccountingai.com of any unauthorized use. We may refuse, suspend, or reclaim usernames and may require multi-factor or additional verification.
4. Customer Data
“Customer Data” means the ledgers, invoices, bills, contacts, documents, and other records you or your users submit to the Service. As between the parties, you own Customer Data. You grant Modern Accounting AI a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Data solely to provide, maintain, secure, and support the Service, to prevent fraud and abuse, and to comply with law.
You represent that you have all rights and consents needed to submit Customer Data and that Customer Data is accurate and lawful. You are solely responsible for reconciling books, retaining records required by tax or corporate law, and maintaining your own backups. We are not your record custodian for statutory retention unless we expressly agree in a signed writing.
We treat Customer Data as confidential and will not disclose it except to subprocessors who need it to operate the Service under confidentiality obligations, if required by law, or with your direction. See the Privacy Policy for how personal information is handled.
5. Acceptable use
You will not, and will not permit others to:
- Use the Service for any unlawful, fraudulent, or deceptive purpose.
- Attempt to gain unauthorized access to the Service, other accounts, or related systems, or probe, scan, or test vulnerability except with our prior written consent.
- Interfere with or disrupt the Service, including by imposing unreasonable load, introducing malware, or circumventing technical limits.
- Reverse engineer, decompile, or create derivative works of the Service except to the extent this restriction is prohibited by law.
- Resell, sublicense, or provide the Service to third parties as a bureau or competing product, except as we expressly allow.
- Upload content that infringes intellectual-property, privacy, or other rights, or that you are not authorized to process.
- Use the Service to hold out Modern Accounting AI as your CPA, to issue attest reports, or to misrepresent the nature of the software.
We may investigate violations and suspend or terminate access without refund where we reasonably believe these Terms or law have been violated.
6. Trials, subscriptions, auto-renewal, and taxes
Paid plans, prices, and included features are described on the Service at the time of purchase. Unless we state otherwise in writing:
- A free trial, if offered, does not require a payment method. Trial access ends when the trial expires unless you start a paid subscription.
- Paid subscriptions are billed in advance on a recurring monthly cycle through our payment processor (currently Stripe) until you cancel.
- When you start a paid subscription, you authorize Modern Accounting AI and Stripe to charge your payment method for the then-current fees, applicable taxes, and any usage charges, including upon each automatic renewal.
- Automatic renewal. Your subscription renews automatically at the end of each billing period for successive periods of equal length, at the then-current rate, until you cancel. Renewal is a negative-option feature: you must cancel to avoid being charged for the next period.
- You can cancel at any time from Dashboard → Settings → Billing, or through the Stripe customer portal linked there. Cancellation takes effect at the end of the then-current paid period. You retain access until that date.
- If remaining local trial days are mapped onto a Stripe trial when you subscribe, that Stripe trial (if any) is disclosed at checkout.
- Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes other than taxes on our net income. We may collect taxes when required.
- We may change prices with notice posted on the Service or sent to your account email. The new price applies on the next renewal after notice. If you do not agree, cancel before that renewal.
7. Cancellation and refunds
You may cancel as described in Section 6. Except where a statute requires otherwise, all fees are non-refundable, including for unused time in the current period, downgrades, or failure to use the Service. Complimentary access, credits, and trials have no cash value.
Chargebacks initiated without first contacting us may result in immediate suspension. If a payment fails, we may retry the charge, suspend access, and treat the account as past due.
8. Intellectual property and feedback
The Service, including software, UI, documentation, trademarks, and documentation, is owned by Modern Accounting AI or its licensors and is protected by United States and international intellectual-property laws. Subject to these Terms and timely payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access the Service for your internal business operations during the subscription term. No other rights are granted.
If you provide feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
9. Third-party services
The Service relies on third parties, including payment processing (Stripe), email delivery, bot protection, hosting, analytics, and error monitoring. Those providers are independent and have their own terms. We are not responsible for their acts, omissions, or unavailability. Your payment relationship for card processing is also subject to Stripe’s terms.
10. No professional advice
You acknowledge the Service is an unlicensed software tool. Outputs, reports, forecasts, categorizations, tax calendars, and any automated insights may be incomplete or wrong. You remain solely responsible for your books, filings, tax positions, and professional engagements. The Disclaimer applies in full and survives termination.
11. Disclaimers of warranties
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusion applies to the fullest extent permitted, and any implied warranty that cannot be excluded is limited to thirty (30) days or the minimum period required by law, whichever is longer.
12. Limitation of liability
These limitations allocate risk and are a fundamental basis of the bargain. They apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited under Florida law, including liability for our own fraud, willful misconduct, or gross negligence to the extent such limitation is prohibited, or any other liability that a statute makes non-waivable. Nothing in these Terms limits your payment obligations.
13. Indemnification
You will defend, indemnify, and hold harmless Modern Accounting AI and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data; (b) your use of the Service; (c) your violation of these Terms or law; (d) your tax, accounting, or legal positions; or (e) a dispute among users of your organization. We may assume exclusive defense with counsel of our choice at your expense if the claim implicates our interests.
14. Suspension, termination, and data after exit
You may stop using the Service and cancel as described above. We may suspend or terminate access immediately if you breach these Terms, fail to pay, create legal or security risk, or if we discontinue the Service. Upon termination, your license ends. You should export Customer Data before access ends. After a reasonable waiting period we may delete Customer Data from active systems, except for copies retained as required by law, for dispute resolution, or in routine backups that are later overwritten.
15. Changes to the Service and to these Terms
We may update these Terms from time to time. The effective date above will change when we do. Material changes will be posted on this page and may also be notified by email or in-product notice. Except where law requires affirmative consent, continued use after the updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Service and cancel before the new Terms apply to a renewal.
16. Governing law, venue, arbitration, and claims
These Terms and any dispute, claim, or controversy arising out of or relating to them or the Service (a “Dispute”) are governed by the laws of the State of Florida, United States of America, without regard to conflict-of-laws rules, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
Informal resolution. Before filing a claim, you will email legal@modernaccountingai.com a written description of the Dispute and attempt in good faith to resolve it for thirty (30) days.
Binding arbitration. Except for the court actions listed below, any Dispute that is not resolved informally will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is the State of Florida. The language is English. The arbitrator may award individual relief that a court could award. Judgment on the award may be entered in any court of competent jurisdiction. The Florida Revised Arbitration Code, Chapter 682, Florida Statutes, applies to the extent not preempted by the Federal Arbitration Act.
Court carve-outs. Either party may bring an individual action in small-claims court in Florida if the claim qualifies, or seek temporary or preliminary injunctive relief in the state courts of the State of Florida and the United States District Courts located in the State of Florida to protect intellectual property or confidential information. Subject to the arbitration agreement, the exclusive venue for any permitted court action is the state courts of the State of Florida and the United States District Courts located in the State of Florida, and you consent to personal jurisdiction there.
Class and jury waiver. You and Modern Accounting AI waive any right to a jury trial to the extent waivable. You and Modern Accounting AI may bring Disputes only in an individual capacity, not as a plaintiff or class member in any class, collective, coordinated, or representative proceeding. The arbitrator may not consolidate claims of multiple customers without both parties’ consent.
Arbitration opt-out. You may opt out of arbitration (and only arbitration) by sending written notice to legal@modernaccountingai.com within thirty (30) days after you first accept these Terms. The notice must include your name, account email, organization name, and a clear statement that you opt out of arbitration. If you opt out, Disputes will be litigated exclusively in the state courts of the State of Florida and the United States District Courts located in the State of Florida, still under Florida law, still on an individual basis, and still with a jury-trial waiver to the extent permitted.
Limitation period. To the extent permitted by law, any Dispute must be filed within one (1) year after the claim accrued, or it is permanently barred. This does not shorten a period that a statute prohibits the parties from shortening.
Attorneys’ fees. The prevailing party in any Dispute is entitled to recover reasonable attorneys’ fees and costs, in addition to any other relief, to the extent permitted by Florida law.
17. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, the Disclaimer, and any order or plan confirmation on the Service are the entire agreement and supersede prior or contemporaneous agreements on the subject. Purchase orders or vendor terms you issue are rejected unless we sign them.
- Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder stays in effect. If the class waiver is found unenforceable as to a claim, that claim must be litigated in court and severed from arbitration of remaining claims.
- Waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets, or to an affiliate. Any other attempted assignment by you is void.
- Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including acts of God, hurricane, flood, epidemic, labor dispute, utility or internet failure, governmental action, or third-party service outage.
- Export and sanctions. You will not use the Service in violation of U.S. export controls or sanctions, including those administered by OFAC. You represent you are not a prohibited party and are not located in an embargoed jurisdiction.
- Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, fiduciary, or CPA–client relationship.
- No third-party beneficiaries. Except as stated for indemnified persons, these Terms confer no rights on any third party.
- Headings. Headings are for convenience only.
- Survival. Sections that by their nature should survive (including Customer Data representations, IP, disclaimers, limitation of liability, indemnity, and dispute resolution) survive termination.
18. Contact
Modern Accounting AI
State of Florida, United States of America
Legal: legal@modernaccountingai.com