Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and Eyemesto Techno Inc. ("Company", "we", "us", "our"), a corporation incorporated in Canada, governing your access to and use of the accounting and bookkeeping software platform available at ac.eyemesto.com (the "Platform" or "Service").

BY ACCESSING OR USING THE PLATFORM, CREATING AN ACCOUNT, OR CLICKING "I AGREE", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

If you are accessing the Platform on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to both you individually and that entity.

2. Description of Service

ac.eyemesto.com is a cloud-based accounting and bookkeeping software platform designed to assist Canadian small businesses and entrepreneurs with:

• Chart of Accounts management with pre-defined Canadian account structures
• General ledger, journal entries, and trial balance generation
• Accounts payable and accounts receivable tracking
• Bank reconciliation and transaction import
• Financial statement preparation (Balance Sheet, Income Statement, Cash Flow)
• GST/HST, PST, and payroll tax tracking and reporting
• Invoice creation, customization, and delivery
• Expense categorization and receipt management
• Multi-user access with role-based permissions
• Data export in formats compatible with CRA filing requirements

The Platform is an organizational and productivity tool. It is NOT a licensed accounting, tax advisory, or financial planning service. Users should consult a qualified Chartered Professional Accountant (CPA) or tax advisor for professional advice specific to their situation.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be a resident of Canada or operating a business with Canadian operations
• Have the legal capacity to enter into binding agreements
• Not have been previously suspended or removed from the Platform

The Platform is intended primarily for use by small and medium-sized Canadian businesses, sole proprietors, partnerships, and corporations subject to Canadian federal and provincial tax laws.

4. Account Registration and Security

4.1 Registration.

To access the full features of the Platform, you must register for an account by providing accurate, complete, and current information including your legal name or business name, email address, and province of operation.

4.2 Account Credentials.

You are responsible for maintaining the confidentiality of your login credentials. You agree not to share your password or grant access to your account to any unauthorized party. You must notify us immediately at support@eyemesto.com if you suspect unauthorized access.

4.3 Account Accuracy.

You agree to keep your account information up to date. Inaccurate information may result in service disruption or account suspension.

4.4 Multiple Users.

Subscription plans that include multi-user access allow you to invite team members to your account. Each invited user is subject to these Terms, and you are responsible for their compliance.

4.5 One Account per Entity.

Each legal business entity may maintain one primary account. Creating duplicate accounts to circumvent plan limits is prohibited.

5. Acceptable Use Policy

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

• Use the Platform to engage in any fraudulent, deceptive, or illegal activity
• Input false, misleading, or fabricated financial data with intent to defraud
• Attempt to gain unauthorized access to any part of the Platform or its underlying infrastructure
• Reverse engineer, decompile, or disassemble any component of the Platform
• Scrape, crawl, or extract data from the Platform using automated tools without written permission
• Transmit malware, viruses, or any code designed to harm the Platform or its users
• Violate any applicable Canadian federal, provincial, or municipal law or regulation
• Use the Platform on behalf of a competitor to gather competitive intelligence
• Sub-license, resell, or redistribute access to the Platform without written authorization

We reserve the right to suspend or terminate accounts that violate this policy, with or without prior notice, at our sole discretion.

6. Subscription Plans and Payment

6.1 Subscription Plans.

Access to the Platform is provided on a subscription basis. Details of available plans, features, and pricing are set out in the Fee Schedule in Part II of this document.

6.2 Free Tier.

A limited-feature free tier ("Starter") is available without payment. We reserve the right to modify or discontinue the free tier at any time with 30 days' notice.

6.3 Billing.

Paid subscriptions are billed in advance on a monthly or annual basis in Canadian dollars (CAD), plus applicable taxes. You authorize us to charge your designated payment method on a recurring basis.

6.4 Taxes.

All fees are exclusive of applicable federal and provincial taxes including GST/HST, PST, and QST. Applicable taxes will be added to your invoice based on your province of operation.

6.5 Payment Methods.

We accept major credit cards, Interac e-Transfer (for annual plans), and other payment methods as indicated on the Platform. Payment processing is handled by our secure third-party payment processor.

6.6 Failed Payments.

If a payment fails, we will attempt to re-process the payment up to three (3) times over a 7-day grace period. If payment is not received within this period, your account may be downgraded or suspended until payment is made.

6.7 Price Changes.

We reserve the right to change subscription prices. We will provide at least 30 days' written notice of any price changes. Your continued use of the Platform after the effective date of a price change constitutes your acceptance of the new pricing.

6.8 Refunds.

Subscription fees are generally non-refundable. Exceptions are set out in Section 6.9 below.

6.9 Refund Policy.

You may be entitled to a full refund within 14 days of your initial paid subscription if you are not satisfied with the Platform, provided you have not exported more than 10 financial reports. Annual subscription refunds are prorated for unused full months after the first 14 days, minus a 10% administration fee. No refunds are issued for monthly subscriptions beyond the 14-day satisfaction window.

6.10 Annual Plan Savings.

Users who elect annual billing receive a discount as specified in the Fee Schedule. Annual subscriptions are binding for the full term.

7. Data, Privacy, and Security

7.1 Your Data.

You retain full ownership of all financial data, records, and content that you input into the Platform ("Your Data"). By using the Platform, you grant us a limited, non-exclusive license to store, process, and display Your Data solely for the purpose of providing the Service to you.

7.2 Privacy Compliance.

We collect, use, and disclose personal information in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation, including Alberta's Personal Information Protection Act (PIPA). Our Privacy Policy, available at ac.eyemesto.com/privacy, is incorporated by reference into these Terms.

7.3 Data Storage.

Your Data is stored on servers located in Canada. We do not transfer your personal or financial data outside of Canada without your express written consent, except where required by law.

7.4 Security Measures.

We implement industry-standard security measures including TLS encryption in transit, AES-256 encryption at rest, multi-factor authentication, and regular security audits. However, no system is completely secure. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

7.5 Data Breach Notification.

In the event of a data breach that poses a real risk of significant harm to you, we will notify you and the Office of the Privacy Commissioner of Canada as required by PIPEDA.

7.6 Data Export and Portability.

You may export Your Data at any time in standard formats (CSV, PDF, Excel). We will retain your data for 90 days following account cancellation, after which it may be permanently deleted.

7.7 Anonymized Data.

We may use anonymized, aggregated, and non-identifiable data derived from your use of the Platform to improve our services, generate benchmarks, and develop new features. Such data cannot be used to identify you or your business.

8. Intellectual Property

8.1 Platform IP.

The Platform, including all software, algorithms, templates, designs, text, graphics, logos, and the Eyemesto brand, are the exclusive intellectual property of Eyemesto Techno Inc. and are protected by Canadian copyright law, trademark law, and other applicable intellectual property laws.

8.2 License Grant.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes during your subscription term.

8.3 Restrictions.

You may not copy, modify, distribute, sell, or sublicense any part of the Platform or its content. You may not use our trademarks, logos, or brand elements without our prior written consent.

8.4 Feedback.

If you provide us with feedback, suggestions, or ideas about the Platform, you grant us a royalty-free, perpetual, irrevocable license to use and incorporate such feedback into the Platform without any obligation to compensate you.

8.5 User Content.

You represent and warrant that you own or have the necessary rights to all data and content you input into the Platform, and that such content does not infringe any third-party intellectual property rights.

9. Disclaimers and Limitations

9.1 Not Professional Advice.

THE PLATFORM IS AN ORGANIZATIONAL TOOL ONLY. NOTHING ON THE PLATFORM CONSTITUTES PROFESSIONAL ACCOUNTING, TAX, LEGAL, OR FINANCIAL ADVICE. WE ARE NOT A LICENSED ACCOUNTING FIRM AND DO NOT PROVIDE CPA SERVICES. ALWAYS CONSULT A QUALIFIED CHARTERED PROFESSIONAL ACCOUNTANT (CPA), TAX ADVISOR, OR LEGAL PROFESSIONAL FOR ADVICE SPECIFIC TO YOUR SITUATION.

9.2 No Warranty.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9.3 Calculation Accuracy.

While we strive for accuracy in our calculations and templates, you are responsible for reviewing and verifying all financial outputs before using them for tax filings, financial reporting, or business decisions. We are not liable for any errors arising from incorrect data input by users.

9.4 CRA Compliance.

Tax rules, rates, and regulations change frequently. While we endeavour to keep the Platform updated, we do not guarantee that all calculations are current with the latest Canada Revenue Agency (CRA) requirements at all times. You are responsible for ensuring your filings comply with current CRA rules.

10. Limitation of Liability

10.1

To the maximum extent permitted by applicable law, Eyemesto Techno Inc., its directors, officers, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.

10.2

In no event shall our total cumulative liability to you for all claims arising out of or relating to these Terms or the Platform exceed the greater of: (a) the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim; or (b) CAD $500.

10.3

Some provinces do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not fully apply to you in those jurisdictions.

11. Indemnification

You agree to indemnify, defend, and hold harmless Eyemesto Techno Inc. and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; (d) your infringement of any third-party rights; or (e) any data you submit to the Platform.

12. Termination

12.1 By You.

You may cancel your subscription at any time through your account settings or by contacting support@eyemesto.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Platform until the end of the period for which you have paid.

12.2 By Us.

We reserve the right to suspend or terminate your account immediately and without notice if: (a) you breach these Terms; (b) you fail to pay subscription fees after the grace period; (c) we are required to do so by law; or (d) your account is used for fraudulent or illegal purposes.

12.3 Effect of Termination.

Upon termination, your right to access and use the Platform will cease immediately. We will retain your data for 90 days following termination, during which you may request an export. After 90 days, your data may be permanently deleted from our systems.

12.4 Survival.

Sections 7, 8, 9, 10, 11, and 13 of these Terms shall survive termination.

13. Governing Law and Dispute Resolution

13.1

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall first be submitted to informal negotiation for a period of 30 days. If unresolved, disputes shall be resolved by binding arbitration in Calgary, Alberta, in accordance with the Arbitration Act (Alberta), unless you are a consumer entitled to bring a claim in a court of competent jurisdiction.

13.3

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in Calgary, Alberta.

14. General Provisions

14.1 Entire Agreement.

These Terms, together with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and understandings.

14.2 Amendments.

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes by email or by posting a notice on the Platform. Your continued use after the effective date constitutes acceptance of the revised Terms.

14.3 Severability.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Waiver.

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

14.5 Assignment.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.

14.6 Language.

These Terms are drafted in English. Any French translation is provided for convenience only. In the event of a conflict, the English version shall prevail, except where provincial law requires otherwise.

14.7 Contact.

For questions about these Terms, contact us at: