Terms of Service

Last updated: March 28, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and StartFormly Inc. ("Company," "we," "us," "our") governing your use of our website, mobile application, and services (collectively, the "Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions set forth herein.

If you do not agree to these Terms, you may not access or use our Services. Your use of our Services is conditioned upon your acceptance of these Terms. We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated "Last Updated" date. Continued use of our Services following notification of changes constitutes your acceptance of the modified Terms.

2. Description of Services

StartFormly provides AI-powered business formation and tax compliance services, including but not limited to: business structure guidance, formation document preparation, federal tax ID (EIN) filing assistance, business compliance support, and CPA consultations. Our Services are provided to help you navigate business formation and tax requirements, but do not constitute the practice of law or accounting by us unless explicitly stated in your service agreement.

Services may be made available through our website or mobile application. We reserve the right to modify, suspend, or discontinue any Service at any time with or without notice.

3. Account Registration and Responsibility

3.1 Account Requirements

To use our Services, you must create an account and provide accurate, current, and complete information. You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into these Terms; and (c) the information you provide is true and accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to protect your account information.

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to our Services at any time, with or without notice, if we determine that you have violated these Terms or engaged in any illegal or unethical activity.

4. Payment and Billing

4.1 Subscription Fees

If you purchase a paid subscription, you agree to pay the stated subscription fee for the applicable plan. All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales tax, use tax, VAT, or similar taxes based on your jurisdiction.

4.2 Billing

Your payment method will be charged automatically on the billing date each month or year, depending on your subscription plan. You must maintain current and accurate payment information in your account. If your payment fails, we may attempt to charge your account again or suspend your Services.

4.3 Refund Policy

If you are not satisfied with our Services within 30 days of your initial purchase, we offer a full refund upon request. After 30 days, no refunds are available, but you may cancel your subscription to avoid future charges. Partial month refunds are not available. Non-refundable fees (such as government filing fees) will not be refunded.

4.4 Cancellation

You may cancel your subscription at any time by logging into your account and following the cancellation instructions. Cancellations take effect at the end of your current billing period. You will not be charged for future periods after cancellation, but no refund will be issued for the current period.

5. Use of Services and Restrictions

5.1 Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Provide false, inaccurate, or misleading information
  • Use our Services for any illegal purpose or in violation of applicable laws
  • Attempt to gain unauthorized access to our Services or systems
  • Engage in any activity that interferes with or disrupts our Services
  • Upload viruses, malware, or any other harmful code
  • Reverse engineer, decompile, or attempt to derive the source code of our Services
  • Harass, threaten, defame, or abuse others
  • Violate any third-party rights or intellectual property rights
  • Conduct spam, phishing, or other malicious activities
  • Scrape, crawl, or use automated tools to access our Services without permission

5.2 Professional Advice Disclaimer

Our Services provide information and guidance but do not constitute professional legal, tax, or accounting advice unless specifically provided by a licensed attorney or CPA under a separate engagement agreement. You should consult with qualified professionals before making business or tax decisions. We do not create an attorney-client, accountant-client, or fiduciary relationship with you through these Services.

5.3 Accuracy of Information

While we strive to provide accurate information, we make no warranty regarding the accuracy, completeness, or timeliness of information provided through our Services. You are responsible for independently verifying all information and consulting with appropriate professionals.

6. Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of StartFormly or its content providers and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes. You may not reproduce, modify, distribute, or transmit any content without our prior written consent. This license is revoked upon termination of your account.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, UNINTERRUPTED, OR SECURE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Indemnification

You agree to indemnify, defend, and hold harmless StartFormly, its officers, directors, employees, and agents from any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to your use of our Services, your violation of these Terms, or your violation of any third-party rights.

10. Data and Document Security

You acknowledge that you are providing sensitive personal and business information through our Services. While we implement security measures to protect your information, no method of transmission over the internet is 100% secure. You accept the risks associated with transmitting sensitive information online.

You are responsible for maintaining backups of your documents and data. We are not liable for any loss of data or documents due to technical failures, system errors, or any other cause.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

12. Dispute Resolution

Before initiating any legal proceeding, you agree to attempt to resolve any dispute with us through good faith negotiation. If negotiation fails, you agree to submit to binding arbitration in accordance with the American Arbitration Association (AAA) rules, except that either party may bring an action in small claims court.

13. Third-Party Links and Services

Our Services may contain links to third-party websites and applications. We are not responsible for the content, accuracy, or practices of these third parties. Your use of third-party services is governed by their terms and privacy policies. We do not endorse any third-party services and are not liable for any loss or damage resulting from your use of them.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and StartFormly regarding your use of our Services and supersede all prior agreements and understandings.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms or to report violations, please contact us at:

StartFormly Inc.

Legal Department

14535 Valley View Ave

La Mirada, CA 90638

Email: [email protected]

Phone: 1-800-FORMLY-1