TERMS OF USE

 

Thank you for visiting Preciseby website, an online invoicing tool. The platform is tailor-made particularly for emerging small businesses to medium business worldwide. Ensure that you diligently review our Terms of Use agreement (Terms and Conditions). Terms of Use agreement is a legally binding document between you and Preciseby. This agreement seeks to explain our obligations as an online SaaS provider and your obligations as a user and/ or subscriber. By clicking, “I Agree,” installing, gaining access to our website or app, and using our services, you tacitly agree to be bound by the terms set out in this agreement.

 

IT IS IMPORTANT THAT YOU CAREFULLY READ ALL OUR TERMS AND CONDITIONS. IF YOU DO NOT AGREE OR ARE DISSATISFIED WITH OUR TERMS AND CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF USING OUR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If your legal entity does not agree with our terms and conditions, or if for any reason, you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, you must not register, use, or access our services in any capacity. You must destroy any materials downloaded or printed from our website or app.

 

SECTION A.

The following terms shall bear the following meaning throughout our Terms of Use.

1.           AGREEMENT

This Agreement (Agreement) means the terms of use which regulate your use of our online services, including Content, updates and new releases (collectively, “the services.”) This Agreement includes by reference:

-              Preciseby Privacy policy provided to you under legal section on Preciseby website or provided to you otherwise.

-              Additional terms and conditions gradually made available to you, which may include those from third parties.

-              Any terms provided separately to you for our Services, including product or program terms, ordering, activation, payment terms, etc.

2.           “Applicable law” refers to the laws currently in force in our or your jurisdiction which shall govern this agreement.

3.           “Site” refers to www.preciseby.com, and all related webpages, app and all related websites operated by affiliates, but does not include any third-party websites which are linked to or may link from this website whether or not such third-party websites are used in connection with our Services. Preciseby is a company incorporated and registered under South African Law.

4.           “Service” and “Services” refer to the Preciseby’s online invoicing and other small business–related services, and Support offered through Wave from time to time.

5.           “Subscriber” refers to any person who maintains an account with us and uses our Services.

6.           “Support” means technical support and assistance provided to users by Preciseby.

7.           “We”, “us” and “our” shall refer to Preciseby and all its affiliates and subsidiaries.

8.           “Preciseby” means the website (and the mobile app) which provide access to the Services offered by Preciseby.

9.           “Preciseby Parties” includes Preciseby, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.

10.        “You” and “user” shall refer to any person who visits or subscribes to the website, and its employees and agents.

 

11.        YOUR RIGHTS TO USE PRECISEBY’S SERVICES

11.1   Preciseby’s services are protected by copyright, trade secret, and other intellectual property laws. Provided you qualify, you are only granted the right to use our services and for the purposes described by Preciseby within this Agreement. We reserve all other rights with regard to our services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Preciseby grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to use its Services.

11.2   You agree not to use, nor permit any third-party to use our Services in any manner that violates any Applicable Law, regulation or this Agreement. You agree that you will not:

·                    Provide access to or give any part of Preciseby’s Services to any third party.

·                    Reproduce, modify, copy, sell, trade, lease, rent or resell our Services.

·                    Decompile, disassemble, or reverse engineer Preciseby’s Services.

·                    Make our Services available on any file-sharing or application hosting service.

·                    Create a database in electronic or structured manual form by systematically

 downloading and storing all or any of Preciseby’s Services or content.

 

12.        PAYMENT

Unless Preciseby or Preciseby’s affiliates notify you in writing, the following terms for our services offered on paid plans or subscription basis shall apply. This Agreement also incorporates by reference, and includes program ordering, and payment terms provided to you on the website for our Services:

a.        Preciseby will bill your payments in U.S. Dollars, South African Rand (ZAR), or any other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

b.        You must pay with one of the following:

i.         A valid and acceptable credit card;

ii.        A valid and acceptable debit card;

iii.       Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

iv.       By another payment option that Preciseby provides to you in writing.

c.        If your payment and registration information is not accurate, current, and complete and you fail to notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.

d.        If you fail to notify us of updates to your payment method (e.g., credit card expiration date), we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and have you to authorize us to continue billing your account with the updated information that we obtain in order to avoid interruption of the Services.

e.        Preciseby will automatically renew your monthly, or annual services at the then-current rates, unless our subscription services are cancelled or terminated, in accordance with this Agreement.

f.         Additional cancellation or renewal terms may be provided to you on the website for the Services.

 

13.        USE WITH YOUR MOBILE DEVICE.

Use of our Services may be available through a compatible and a connected smart mobile device that may require downloading the Preciseby software or app. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

 

TO THE EXTENT PERMITTED BY LAW, PRECISEBY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

a.        THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

b.        ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

c.        ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

14.        YOUR PERSONAL INFORMATION

Preciseby's Privacy Policy deals quite extensively with personal information and you may view it on our website. You agree to the applicable Privacy Policy, and any changes published by Preciseby. You agree that we may use and maintain your data according to the Preciseby Privacy Policy, as part of our Services. You give Preciseby permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Preciseby services. For example, this means that we may use your and other users' non-identifiable, aggregated data to improve our Services, or to design promotions and provide ways for you to compare business practices with other users. Preciseby is a global platform and may access or store personal information in multiple countries, including countries outside of the jurisdiction of the headquarters, to the extent permitted by applicable law.

 

15.        CONTENT

15.1   You are responsible for your content. The responsibility lies with you for all uploaded, posted or stored materials ("Content") through your engagement with our Services. You give Preciseby a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of our services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. However, we are not responsible for the Content or data you submit through our services.

 

You agree not to use, nor permit any third party to use, our services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a.   Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

b.   Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;

c.   Except as permitted by us in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

d.   Virus, trojan horse, worm or other disruptive or harmful software or data; and

e.   Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.

15.2   Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:

a.   No screenshot may be used from any beta version of Preciseby unless it has been commercially released to the public;

b.   the use is for illustrative purposes;

c.   the use may not imply any endorsement or affiliation by or with Preciseby;

d.   the screenshot does not contain any commentary which may appear to have been attributable to us;

e.   the screenshot does not contain any third-party content; and

f.    the use does not infringe on any of these terms of use.

Preciseby has rights to several trade-marks. Preciseby does not grant the users any right or license to use the Preciseby trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

15.3     Community forums.

The Services may include a community forum or other social features to exchange Content and information with other users of our platforms and the public. Preciseby does not support and is not responsible for the content in these community forums. Please engage with others in a respectful manner. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Preciseby is not responsible.

15.4     Preciseby may freely use feedback you provide.

You agree that we may use your feedback, suggestions, or ideas in any way, including, in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Preciseby in any way.

15.5     Preciseby may monitor your Content.

Preciseby may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Preciseby or its customers, or operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

 

16       ADDITIONAL TERMS

16.1   Preciseby does not give professional advice.

Besides invoicing and accounting services offered on the tool, we do not provide legal, financial, accounting, tax, health care, real estate or other professional services or advice, unless specifically included with the Services. Consult the services of a competent professional when you need assistance.

16.2   We may inform you about other services from Preciseby.

Preciseby may offer to you other services, products, or promotions ("Preciseby Services"). Take note that additional terms and conditions, and fees may apply. Note that, with some Preciseby Services, you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to those services. You grant Preciseby the permission to use data about your business and experience to help us either to provide the Preciseby services to you or to enhance the Services. You give Preciseby the permission to combine your business information, if any, with other users’ data, in an inconspicuous way that does not identify you or any individual personally. You allow us to share or publish summary results relating to research data and to distribute or license such data to third parties.

16.3   Communications.

Preciseby may be required by law to send you communications about the Services or Third-Party Products. You agree that we may send such communications, agreements, notices and disclosure that we provide in connection with your account and your use of the service, to you via email or by posting them on our websites.

a.   agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;

b.   annual disclosures;

c.   transaction receipts or confirmations;

d.   communication in relation to delinquent accounts (which may also be by phone, and may be made by Preciseby or their representative, including a third-party collection agent);

e.   Account statements and history.

 

16.4   You will manage your passwords and accept updates.

You are responsible for securely managing your password(s) for Preciseby Services, and to contact us if you become aware of any unauthorized access to your account. Preciseby Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the experience. You agree to receive these updates.

16.5   Telephone Numbers.

You agree to provide us with your telephone number as part of your record or registration or via other methods. You understand and agree that Preciseby may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve us sending text messages containing security codes to your telephone number. You consent to receiving such texts from Preciseby, as part of the MFA process. In addition, you allow us to send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of our Services, or fulfilling a request made by you through the Services.