Service Agreement

This Service Agreement ("Agreement") is entered into between FinAcct360, Inc., a Delaware corporation ("we," "us," "our," "FinAcct360") and you ("Client," "you," "your") for the provision of professional accounting and bookkeeping services.

By subscribing to our services and completing payment, you agree to be bound by this Service Agreement. If you do not agree to these terms, do not use our services.

1. Scope of Services

1.1 Services Provided

FinAcct360 will provide the following services based on your selected subscription plan:

1.2 Services NOT Provided

FinAcct360 does NOT provide the following services. You acknowledge and agree that we are not responsible for these matters:

1.3 Deliverables & Timeline

• •Weekly Close: Completed every Thursday by 5:00 PM Central Time (or Friday for holiday weeks)
• •Financial Reports: Available in your dashboard immediately after weekly close
• •Accountant Response Time: Within 24 business hours via chat or email
• •Monthly Package: Delivered within 7 business days of month-end

2. Subscription & Payment Terms

2.1 Subscription Plans

FinAcct360 offers the following subscription tiers:

• •Essentials: 1 location — $699/month
• •Operations Plus: 2–3 locations — $599/location/month
• •Multi-Unit Control: 4–7 locations — $499/location/month
• •Enterprise: 8+ locations — Custom pricing (contact for quote)

2.2 Billing

• •Subscriptions are billed monthly in advance
• •First payment is processed immediately upon signup
• •Recurring monthly payments are automatically charged on the same calendar day each month
• •All fees are exclusive of any applicable taxes; however, professional accounting services are generally exempt from Texas sales tax
• •Failed payments will result in service suspension after 7 days; accounts unpaid after 14 days may be terminated

2.3 Payment Methods

We accept credit cards (Visa, Mastercard, American Express, Discover) and ACH bank transfers. All payments are processed securely through Stripe.

3. Term & Cancellation

3.1 Service Term

This Agreement begins on the date of your first payment and continues on a month-to-month basis until terminated by either party in accordance with the terms herein.

3.2 Cancellation by Client

• •You may cancel at any time with 30 days' written notice
• •Cancellation requests must be submitted via email to hello@finacct360.io or through your account dashboard
• •You will continue to receive services through the end of your current paid billing period
• •No refunds will be issued for partial months or unused portions of your subscription

3.3 Money-Back Guarantee

We offer a 30-day money-back guarantee on your first month's subscription fee only (excluding add-ons, one-time fees, and sales tax). If you are not satisfied within the first 30 days of your initial subscription, contact us at hello@finacct360.io for a full refund of your first monthly subscription fee.

3.4 Termination by FinAcct360

We may terminate this Agreement immediately and without prior notice if:

• •Payment fails and remains unpaid for 14 days
• •You materially violate the terms of this Agreement
• •You fail to provide required access to accounting systems within 7 business days of request
• •You engage in abusive, threatening, or harassing behavior toward our team members
• •You use our services for any illegal purpose

4. Client Responsibilities

To receive services effectively and to ensure the accuracy of our work, you agree to:

• •Provide Timely Access: Grant us accountant-level access to your accounting software (QuickBooks Online, Xero, or Wave) within 7 business days of signup
• •Bank Access: Provide read-only bank feed connections or upload monthly bank statements within 3 business days of each period end
• •POS Data: Ensure your POS system provides daily sales reports or grant us appropriate access
• •Accurate Information: Provide accurate, complete, and truthful information about your business operations
• •Timely Responses: Respond to our requests for information or clarification within 3 business days
• •Review Reports: Review your financial reports and notify us of any questions or discrepancies within 7 days of delivery
• •Maintain Software Subscriptions: Keep your accounting software subscription active and in good standing
• •Compliance: Comply with all applicable laws and regulations related to your business

Failure to fulfill these responsibilities may result in delays, inaccuracies, or suspension of services. We are not responsible for any errors or omissions resulting from your failure to meet these obligations.

5. Confidentiality & Data Security

5.1 Confidentiality

We will maintain the confidentiality of all your financial data, business information, and proprietary information. We will not share, sell, or disclose your information to third parties except as required to perform our services, as required by law, or with your express written consent.

5.2 Data Security

We protect your data using industry-standard security measures including:

• •AES-256 encryption for data at rest
• •TLS 1.3 encryption for all data in transit
• •Secure OAuth 2.0 authentication for third-party integrations (no password storage)
• •Role-based access controls limiting data access to authorized personnel
• •Encrypted database backups
• •Enterprise cloud hosting with automatic security updates

While we implement strong security measures, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

5.3 Data Retention

After cancellation:

• •Your data will be retained for 90 days to allow for potential account reactivation
• •After 90 days, all data will be permanently deleted from our systems
• •Financial records may be retained longer if required by applicable law (e.g., IRS record retention requirements)
• •You may request a data export at any time prior to deletion

6. Professional Standards & Disclaimers

6.1 Standard of Care

We will perform all services with the care, skill, and diligence expected of experienced bookkeeping professionals in the restaurant industry. We follow Generally Accepted Accounting Principles (GAAP) and industry best practices.

6.2 Reliance on Client Information

Our work is based on information you provide. We are not responsible for errors, omissions, or consequences resulting from incomplete, inaccurate, untimely, or fraudulent information provided by you or your agents. You represent and warrant that all information you provide to us is true, accurate, and complete.

6.3 No Guarantee of Results

While we strive for accuracy in all our work, we do not guarantee specific financial outcomes, that our reports will be error-free, or that our services will meet all of your expectations. You are solely responsible for reviewing all reports and making your own business decisions. We shall not be liable for business decisions you make based on our reports.

6.4 Independent Contractor

FinAcct360 is an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship between you and FinAcct360.

7. Limitation of Liability

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO THE FOLLOWING LIMITATIONS:

• •MAXIMUM LIABILITY: Our total cumulative liability to you for any and all claims arising from or related to this Agreement or our services shall not exceed the lesser of: (a) the total amount paid by you to FinAcct360 in the twelve (12) months immediately preceding the claim, or (b) Five Thousand Dollars ($5,000 USD).
• •NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL FINACCT360 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• •CLAIMS PERIOD: Any claim arising from or related to this Agreement or our services must be brought within one (1) year of the date you first knew or reasonably should have known of the issue giving rise to the claim. Claims not brought within this period are forever waived.
• •ESSENTIAL PURPOSE: THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights under applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless FinAcct360, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• •Your violation of any term or provision of this Agreement
• •Your violation of any applicable law, regulation, or third-party right
• •Your provision of inaccurate, incomplete, or misleading information
• •Any business decisions you make based on our reports or services
• •Any claims by third parties arising from your use of our services
• •Your negligence, willful misconduct, or fraud

This indemnification obligation shall survive the termination of this Agreement.

9. Changes to Services & Pricing

9.1 Service Changes

We may modify, add, or remove features from our services at any time. We will provide you with at least 30 days' advance written notice of any material changes that significantly reduce the functionality of services you are currently receiving.

9.2 Price Changes

We may change our pricing at any time. Price changes will not affect your current billing cycle but will apply starting with your next billing cycle. We will provide you with at least 30 days' advance written notice before any price increase takes effect.

10. Dispute Resolution

10.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at hello@finacct360.io to attempt to resolve the issue informally. Most concerns can be resolved quickly through direct communication. You agree to engage in good-faith efforts to resolve any dispute for at least 30 days before pursuing formal remedies.

10.2 Binding Arbitration

If informal resolution fails after 30 days, any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

• •Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• •Arbitration shall be conducted individually; class action arbitration is not permitted
• •The arbitration shall take place in Dallas, Texas, or at another mutually agreed location
• •The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction
• •Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise

10.3 Class Action Waiver

YOU AND FINACCT360 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and FinAcct360 agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.