These Terms of Service ("Terms") constitute a legally binding agreement between you and Antithesis Finance Inc., a Delaware corporation d/b/a SpendPilot ("SpendPilot", "we", "us", "our") governing your use of the SpendPilot service, website, applications, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.
1. Acceptance and Modifications
1.1 Agreement to Terms
By creating an account, accessing, or using SpendPilot, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1.2 Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through our Service. Your continued use after such changes constitutes acceptance of the modified Terms. If you disagree with any changes, you must discontinue use of the Service.
2. Eligibility and Account Registration
2.1 Age and Capacity
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use SpendPilot. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2.2 Account Registration
- You must provide accurate, current, and complete information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You must promptly notify us of any unauthorized use of your account
- You may not create multiple accounts or share accounts with others
- We reserve the right to refuse service or terminate accounts at our discretion
3. Description of Service
SpendPilot provides financial management, expense tracking, and business intelligence tools through various integrations including QuickBooks, Slack, Google Services, and other third-party platforms. Our Service helps organizations monitor financial metrics including burn rate, runway, and cash on hand, and optimize their spending patterns through automated notifications and insights.
4. Acceptable Use
4.1 Permitted Use
You may use SpendPilot solely for lawful business purposes in accordance with these Terms and applicable laws.
4.2 Prohibited Activities
You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service for fraudulent, abusive, or illegal activities
- Copy, modify, distribute, or create derivative works of our Service
- Reverse engineer, decompile, or attempt to extract source code
- Interfere with or disrupt the Service or servers/networks connected to the Service
- Use automated scripts, bots, or crawlers to access the Service
- Upload malicious code, viruses, or harmful content
- Impersonate others or provide false information
- Attempt to gain unauthorized access to other users' accounts or data
- Use the Service to send spam or unsolicited communications
- Sublicense, rent, lease, or resell access to the Service
5. Your Data and Content
5.1 Your Data
You retain ownership of all data, information, and content you submit to or through the Service ("Your Data"). You grant us a limited, non-exclusive license to use Your Data solely to provide and improve the Service.
5.2 Data Responsibility
You are responsible for:
- The accuracy and legality of Your Data
- Obtaining necessary permissions for data you upload
- Ensuring compliance with applicable data protection laws
- Maintaining appropriate backups of Your Data
5.3 Data Security
We implement reasonable security measures to protect Your Data, but you acknowledge that no system is completely secure. You use the Service at your own risk regarding data security.
6. Third-Party Integrations
6.1 Integration Requirements
SpendPilot integrates with third-party services (e.g., QuickBooks, Slack, Google Workspace). You must:
- Comply with the terms of service of integrated platforms
- Maintain valid accounts and permissions for integrated services
- Understand that integration functionality depends on third-party availability
6.2 Third-Party Responsibility
We are not responsible for the availability, functionality, or terms of third-party services. Integration disruptions caused by third parties are not considered Service failures on our part.
7. Fees and Payment
7.1 Subscription Fees
SpendPilot operates on a subscription model with fees as disclosed on our pricing page. All fees are exclusive of applicable taxes unless otherwise stated.
7.2 Payment Terms
- Fees are billed in advance on a monthly or annual basis
- Payment is due immediately upon billing
- We may suspend Service for non-payment after reasonable notice
- No refunds for partial months or unused portions of prepaid periods
7.3 Price Changes
We reserve the right to modify pricing with 30 days' written notice. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods.
7.4 Late Payment
Overdue amounts may incur interest at a rate of 1.5% per month or the maximum allowed by law, whichever is lower.
8. Intellectual Property
8.1 SpendPilot's IP
Antithesis Finance Inc. owns all rights, title, and interest in SpendPilot, including:
- The Service and its underlying technology
- Trademarks, service marks, and logos
- Proprietary algorithms and methodologies
- Documentation and content we create
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to use the Service solely as permitted by these Terms. This license terminates when your access to the Service ends.
8.3 Feedback
Any feedback, suggestions, or improvements you provide may be used by us without restriction or compensation.
9. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Service Availability and Support
10.1 Service Level
We strive to provide reliable Service but do not guarantee uninterrupted availability. We may perform maintenance that temporarily affects Service availability.
10.2 Support
We provide reasonable technical support during normal business hours. Support response times are not guaranteed but we aim to respond promptly to critical issues.
11. Termination
11.1 Termination by You
You may terminate your account at any time by following the cancellation process in your account settings or contacting support.
11.2 Termination by Us
We may suspend or terminate your access immediately if you:
- Breach these Terms
- Engage in prohibited activities
- Fail to pay fees when due
- Create security or legal risks
11.3 Effect of Termination
Upon termination:
- Your access to the Service will cease
- You remain liable for all fees incurred prior to termination
- We may delete your account and data after a reasonable retention period
- Provisions that by their nature should survive will continue in effect
12. Warranties and Disclaimers
12.1 Limited Warranty
We warrant that the Service will perform substantially in accordance with our published documentation under normal use.
12.2 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability
13.1 Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW:
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
- THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY
13.2 State-Specific Limitations
Some states do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Antithesis Finance Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your Data or content submitted through the Service
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
15.2 Jurisdiction
Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware. You consent to the personal jurisdiction of such courts.
15.3 Arbitration (Optional)
At our discretion, we may require that disputes be resolved through binding arbitration in Delaware under the rules of the American Arbitration Association.
15.4 Limitation Period
Any claim or cause of action must be filed within one year after the claim or cause of action arose, or it will be forever barred.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Antithesis Finance Inc. regarding the Service.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.
16.6 Survival
Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and dispute resolution) will continue in effect after termination of these Terms.
17. Contact Information
For questions about these Terms or the Service, please contact us:
Antithesis Finance Inc.
d/b/a SpendPilot
131 Continental Dr, Suite 305
Newark, Delaware 19713
United States
Email: legal@spendpilot.io