Terms of Service

Please read these terms of service ("Terms" or "Terms of Service") carefully before using the https://openpayout.com website ("Website", "Application") and related services ("Service") provided by Open Payout Ltd ("Open Payout", "we", "us", or "our").

You must accept and comply with these Terms to access and use the Service. By accessing or using the Service you agree to be bound by these Terms. If you do not agree to these Terms in whole or in part, you may not use the Service. Your usage of the Service assumes that you fully understand and agree to the Terms.

It is your responsibility to comply with the law.

Open Payout provides automated accounting and bookkeeping services internationally. Neither Open Payout, nor its directors, employees, partners, agents, suppliers, or affiliates knows how to or can be expected to know how to comply with the bookkeeping, accounting and/or tax regulations and laws everywhere in the world.

Open Payout will not give you tax advice and you must not treat any communication and/or performance by Open Payout, or its directors, employees, partners, agents, suppliers, or affiliates as tax advice.

It is your responsibility to comply with the bookkeeping and accounting laws of your jurisdiction.

It is your responsibility to comply with the tax laws of your jurisdiction.

The Open Payout service is an automated process performed by software and all software has errors.

No human agent of Open Payout will check if Open Payout performed its services accurately for you.

You must check or you must hire a qualified person to check any bookkeeping or accounting services that Open Payout performs to ensure that the work that Open Payout performs for you is accurate and complies with the law in your jurisdiction.

Privacy Policy

Please view our privacy policy at https://openpayout.com/privacy.

You must agree to our privacy policy in order to use the Service.

Identity Providers and Account Access

An Identity Provider is a third party service that Open Payout trusts to verify your identity. The Identity Providers trusted by Open Payout are Xero, Wix, Shopify and QuickBooks.

To use Open Payout, you must sign in or connect to an Identity Provider trusted by Open Payout and you must authorize Open Payout to read your data from that Identity Provider. Open Payout will use the data provided by the Identity Provider to create a user profile for you.

Open Payout may create an Open Payout account for each Identity Provider account, entity or organization that you connect to Open Payout.

Open Payout will determine whether a user is authorized to access an Open Payout account by asking the Identity Provider if the user is authorized to access the matching Identity Provider account, entity or organization. Authorizing a user to access your Identity Provider account, entity or organization will also authorize that user to access the matching Open Payout account.

If you lose access to the account, entity or organization provided by your Identity Provider, or the Identity Provider stops verifying your identity to Open Payout, or the Identity Provider changes the way it verifies your identity to Open Payout, you will not be able to access your Open Payout account.

Third Party Services

To use the Service you will need to authorize Open Payout to read and/or write data to and from one or more accounts on third party services. Your use of Open Payout must comply with the agreements you have with those third party services and you must be authorized to connect Open Payout to those third party services.

In addition, Open Payout's use of third party services are governed by our agreements with those third parties. Because of our agreements with the third party services we may perform actions on your Open Payout account even if you request us not to.

For example, many third party service providers require us to delete their customer's data when their customer de-authorizes Open Payout from accessing the customer's account on their service.

If Open Payout is de-authorized from accessing your account on a third party service, Open Payout may be forced to, or may out of an abundance of caution even if not required to, delete all your data from the Open Payout database in order to comply with our agreements with a Third Party.

Backups

To prevent data loss due to hardware failures or other disasters, Open Payout creates copies of its databases, software and other data stores ("backups") on an automated schedule and also sometimes manually.

It may not be possible for Open Payout to, or Open Payout may not, delete or modify these backups after they are created. Because of this data deleted from the Open Payout database, software and other data stores may continue to exist in backups until the backups are deleted.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these terms.

If you wish to terminate your account, you may do so by contacting customer service, or in certain instances by de-authorizing Open Payout from accessing your account on a Third Party service that you have previously granted Open Payout access to.

Once your User Account is terminated, we may permanently delete your User Account and any or all User Data associated with it. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property Rights

Intellectual Property Rights means copyright and related rights, rights to inventions, patents, trade marks, database rights, rights in designs, business names and domain names, rights to use, rights in get-up, goodwill and the right to sue for passing off, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

We or our suppliers / licensors are the owner of all Intellectual Property Rights arising out of or in connection with the Website and/or Service. We or our suppliers / licensors are the owner of all Intellectual Property Rights in this website, and in the material published on it. All such rights are reserved.

Indemnification

You agree to defend, indemnify and hold harmless Open Payout and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Open Payout, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to, or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, any loss or damage to data, use or alteration of your transmissions or content, in each case (i)-(iv) whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Open Payout and its subsidiaries, affiliates, and its licensors expressly disclaim any warranty that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will not cause any loss or damage to your data; e) your sensitive data will remain secure at all times; or f) the Service meets your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you if applicable law prohibits such limitation.

Governing Law

These Terms shall be governed and construed in accordance with the laws of British Virgin Islands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.