Aconta Online Terms of Service

Key points

• Aconta Online is a bookkeeping tool. It records the entries you post and calculates books and statements from them; it does not provide accounting, tax, legal or financial advice.
• You are responsible for your entries, for the use you make of the reports and for complying with the accounting, tax and record-keeping rules that apply to you.
• Posted entries are final: a mistake is corrected with a reversing entry, and both remain in the books.
• The Service is provided as is, and our liability is limited to the extent permitted by law, as set out in sections 11 and 12.

This summary is provided for convenience only. The full text below is what governs.

1. Purpose and acceptance

These Terms of Service (the “Terms”) govern access to and use of Aconta Online (the “Service”): the website at aconta.online, the work area, the client area and the public pages, including the glossary. “Aconta Online”, “we”, “us” and “our” refer to the operator of the Service.

By creating an account or otherwise using the Service, you accept these Terms and the Privacy Notice, which forms part of them. Whoever accepts these Terms on behalf of an organisation represents and warrants that they have authority to bind it; in that case, “you” also refers to that organisation. If you do not accept these Terms, you must not use the Service.

2. Definitions

In these Terms and in the Privacy Notice, capitalised words have the following meanings:

“Customer”: the person or organisation that opens an account in the Service, whether to keep its own books or those of the businesses it serves.

“Office”: the workspace that the Customer opens in the Service, under which its companies, accounts and entries are kept.

“Authorised User”: each person to whom the Customer gives access to its Office.

“Customer Data”: all data that the Customer or its Authorised Users enter or import into the Service, including companies, charts of accounts, entries and periods, and the personal data they may contain.

“Reports”: the journal book, the general ledger, the trial balance, the income statement, the balance sheet and any other statement or listing that the Service calculates from Customer Data.

3. Nature of the Service: a tool, not advice

Aconta Online is a software tool for double-entry bookkeeping. It records the entries that the Customer posts and calculates the Reports from them. The Reports are the arithmetical result of the Customer Data, and their accuracy depends entirely on the entries and accounts that the Customer records.

Aconta Online does not provide accounting, auditing, tax, legal, financial or investment advice, and does not prepare, sign, file or submit any return, statement or report to any authority. The glossary and the explanations in the Service are general information about accounting terms; they are not advice for any particular case and may not reflect the rules of every jurisdiction.

The Service is not certified, approved or authorised by any tax or regulatory authority, and nothing in it means that books kept with it meet the legal requirements of a given country, sector or entity. The Customer should consult a qualified professional before taking decisions based on the Reports.

4. Responsibilities of the Customer

The Customer is solely responsible for the Customer Data and for the use it makes of the Service and of the Reports. In particular, the Customer undertakes:

(a) to record entries that are truthful, complete and supported by the corresponding documents, and to review the Reports before relying on them;

(b) to comply with the accounting standards, tax obligations, filing deadlines and record-keeping requirements that apply to it and to the businesses whose books it keeps, including keeping its own copies of the books for as long as the law requires;

(c) where it keeps the books of third parties, to be authorised by them to do so and to answer to them for its work;

(d) to have a valid legal basis for processing the personal data contained in the Customer Data;

(e) to keep its credentials confidential, to give access only to Authorised Users and to remain responsible for all activity carried out through its account.

5. Posted entries and corrections

To preserve the integrity of the books, a posted entry cannot be edited or deleted: a mistake is corrected with a reversing entry, and both remain recorded. An account that has movements can be disabled but not deleted. The Customer acknowledges these rules before posting.

6. Prohibited uses

The Service may not be used, nor may its use be permitted, to:

(a) keep false books, record fictitious transactions, or commit or conceal fraud, tax evasion, money laundering or any other unlawful act;

(b) access the Offices or data of others, probe or circumvent security measures, rate limits or plan limits, or interfere with the operation of the Service;

(c) upload malicious code, unlawful content or content that infringes the rights of third parties;

(d) extract data from the Service by automated means, or resell or sublicense access to the Service without our written agreement.

We may investigate any suspected breach of this section, take the measures provided for in section 10 and cooperate with competent authorities.

7. Free plan, paid plans and payment

The Service offers a free plan with the limits shown on the website, which we may change. Paid plans are offered as monthly subscriptions and as prepaid packs for a fixed period, at the prices shown when contracting.

Payments by card or PayPal are processed by PayPal under its own terms; card and bank details are entered with PayPal, not with us. Payments in Monero are made to an address generated for each order, for the amount calculated at the exchange rate shown when the order is placed, which is valid only until the order expires; network fees are borne by the payer, and a transaction on the Monero network cannot be reversed.

If a payment in Monero is incomplete when the order expires, exceeds the amount due or arrives after the order has expired, the difference or the payment is recorded, and we will refund it or credit it to the account as agreed with the Customer.

Subscriptions renew automatically at the end of each billing period until they are cancelled. The Customer may cancel at any time from its client area; cancellation takes effect as indicated there. Except as provided in the previous paragraph, or where applicable law, including any statutory right of withdrawal of consumers, provides otherwise, amounts paid are not refundable.

If a payment fails or is reversed, the paid features may be suspended until the amount owed is settled. We may change plans and prices for future periods, notifying the Customer before the change applies to it; the Customer may cancel before it takes effect. The Customer bears any taxes and payment charges that apply to its payments.

8. Customer Data and intellectual property

The Customer retains all rights in the Customer Data and grants us a non-exclusive, worldwide, royalty-free licence to host, store, process and display it solely to the extent necessary to provide the Service.

The Service allows the Reports to be downloaded as CSV files. The Customer is responsible for downloading and keeping the copies it needs, in particular before closing its account.

The Service, its software, designs, texts, glossary and trade marks belong to us or to our licensors. Apart from the right to use the Service in accordance with these Terms, no right or licence is granted to you.

9. Third-party services

Payments rely on services that we do not operate, such as PayPal and the Monero network. Their use is governed by their own terms and policies, and we are not responsible for their availability, delays, fees or practices.

10. Suspension and termination

We may suspend or restrict access to all or part of the Service, or close an account, if we have reasonable grounds to believe that these Terms or the law have been breached or that the security of the Service or of other users is at risk; if a payment is overdue; or if a competent authority so requires. We will give prior notice where circumstances allow and, where appropriate, will inform the Customer of the reasons and of how to respond.

The Customer may stop using the Service at any time. Sections 3, 4, 8 and 11 to 17 survive the termination of these Terms.

11. Disclaimer of warranties

The Service is provided “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including those of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted or error-free operation.

We do not warrant that the Reports are suitable for any legal, tax or regulatory purpose or that they comply with the accounting standards of any jurisdiction, that the Service will meet the Customer’s requirements, or that data will never be lost. Maintenance, incidents and circumstances beyond our reasonable control may interrupt the Service.

12. Limitation of liability

To the maximum extent permitted by applicable law, neither Aconta Online nor its operators, staff, contractors or suppliers shall be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, reputation or data, arising out of or in connection with the Service or these Terms, whatever the legal basis of the claim and even if advised of the possibility of such damages.

In particular, and with the same scope, we are not liable for: errors in the Customer Data or in the Reports that result from them; penalties, surcharges, interest, tax assessments or sanctions imposed on the Customer or on third parties; decisions taken on the basis of the Reports or of the glossary; the acts or omissions of the Customer, its Authorised Users or the businesses whose books it keeps; or the services of third parties.

Our total aggregate liability arising out of or in connection with the Service or these Terms shall not exceed the amounts that the claimant paid us for the Service in the twelve (12) months preceding the event giving rise to the claim or, if it paid nothing, one hundred United States dollars (USD 100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct or gross negligence, or for death or personal injury caused by negligence, nor does it affect the mandatory rights of consumers.

13. Indemnification

The Customer shall defend, indemnify and hold harmless Aconta Online and its operators, staff, contractors and suppliers against any claim, demand, proceeding, penalty, damage, loss, cost or expense, including reasonable legal fees, brought by a third party or by a public authority and arising out of or in connection with the Customer Data, the books it keeps for itself or for third parties, its processing of personal data, or its breach of these Terms or of the law.

14. Personal data

The Privacy Notice explains how we process personal data. With regard to the personal data contained in the Customer Data, the Customer is the controller and we process the data as processor on the Customer’s behalf.

As processor, we: (a) process the data only to provide the Service and on the Customer’s documented instructions, which are these Terms and the Customer’s use of the Service, unless the law requires otherwise; (b) ensure that the persons authorised to process the data are bound by confidentiality; (c) apply appropriate technical and organisational security measures; (d) may engage sub-processors, such as hosting and e-mail delivery providers, subject to data protection obligations equivalent to these; (e) assist the Customer, insofar as reasonably possible, in responding to requests from data subjects and in meeting its security obligations; (f) notify the Customer without undue delay after becoming aware of a personal data breach affecting its data; and (g) when the provision of the Service ends, delete the data or make them available for download, at the Customer’s choice, unless the law requires them to be kept.

15. Changes to the Service and to these Terms

We may modify, suspend or discontinue features of the Service. We may also amend these Terms; the version in force is always the one published on this page, with its effective date. We will notify Customers of material amendments by e-mail or through the Service before they take effect. Continued use of the Service after that date constitutes acceptance of the amended Terms; a Customer who does not accept them must stop using the Service and may request the closure of its account.

16. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Honduras. Before bringing any claim, the parties shall attempt to settle the dispute amicably for thirty (30) days from its written notification. Failing that, the dispute shall be submitted to the competent courts of Tegucigalpa, Honduras, without prejudice to any mandatory rule that entitles a consumer to rely on the law or the courts of the place where they reside.

17. General provisions

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure to exercise a right under these Terms does not constitute a waiver of it. The Customer may not assign its rights or obligations under these Terms without our prior written consent; we may assign them in the event of a reorganisation or transfer of the Service. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control.

These Terms and the Privacy Notice constitute the entire agreement concerning the Service; a written agreement signed by both parties prevails over them in case of conflict. These Terms are published in several languages; in case of discrepancy, the Spanish version prevails.

18. Contact

Questions about these Terms, legal notices and reports of misuse of the Service may be sent to security@aconta.online.