Pilot Subscription Agreement

This Pilot Subscription Agreement (the “Agreement”) is between Pilot.com, Inc. (“Pilot”, “we”, “our”) and subscribers to the Service (“you”). The Effective Date of this Agreement is the earlier of the date that you accept the Agreement or you use the Service. This Agreement includes by reference the Pilot Privacy Statement provided to you at https://www.pilot.com/privacy.

By using the Service, you’re agreeing to be bound by this Agreement. If you’re using the Service for an organization, you’re agreeing to this Agreement on behalf of that organization.

Service Description

The Pilot service is a solution for bookkeeping and financial organization (the “Service”).

Your Data and Privacy

When you use the Service, you provide us with data (“Your Data”). Your Data is yours. We need your permission to do things like hosting Your Data, backing it up, and analyzing it to produce bookkeeping records. The Service also provides you with features like transferring Your Data to certain third party products and services, such as Quickbooks Online. These and other features may require our systems to access, store, and scan Your Data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with. This Agreement doesn’t give us any rights to Your Data except for limited rights (i) in connection with providing the Service to you and (ii) in connection with Pilot’s internal business purposes, such as improving the Service.

You agree that we may use and maintain Your Data according to the Pilot Privacy Statement, as part of the Service. You give us permission to combine identifiable and non-identifiable information you enter or upload to the Service with that of other users of the Service and/or other Pilot services. For example, this means that we may use your and other users’ non-identifiable, aggregated data to improve the Service or to design promotions and provide ways for you to compare business practices with other users.

Please don’t upload or transmit Your Data unless you have the right to do so.

Data Transfer Service and Login Credentials

We may provide you with the opportunity to transfer certain data between a product or service of a third party (“Third Party Product”) and this Service (the Data Transfer Service). In order to access a Third Party Product on your behalf, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information (Login Credentials). We will maintain your Login Credentials in encrypted form, and we will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Credentials to us and you expressly appoint us as your, or the third party who owns the Login Credentials’, agent with limited power of attorney to access any Third Party Products and transfer data on your behalf. With respect to each Data Transfer Service, you grant us the right to transfer data to and/or from the Service, and to reformat and manipulate your data as reasonably necessary for the data to function with the Service or the Third Party Product. Data transferred to the Service through the Data Transfer Service will be subject to the terms and conditions of this Agreement, including our Privacy Statement.

Account Cancellation and Support Satisfaction Guarantee

You may cancel your subscription to the Service at any time. To cancel your account, please contact Pilot customer service at [email protected]. If you cancel prepaid service, we provide refunds for all full months unelapsed. If you are dissatisfied with the support that you received in the most recent month and cancel your subscription, we will refund you the amount you paid for the Service for that month.

We may terminate this Agreement or use of the Service at any time by providing notice of termination to you in any reasonable manner. If we terminate your use of the Service after you were a paying subscriber, we will, if possible, on request provide you with the Intuit Quickbooks Online data export from the Quickbooks Online account that was maintained for you by Pilot.

Our Stuff

The Service is protected by copyright, trademark, and other U.S. and foreign laws. This Agreement doesn’t grant you any right, title or interest in the Service, others’ content in the Service, Pilot trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Software Use

The Service may allow you to download client software (“Software”). So long as you comply with this Agreement, Pilot gives you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service. To the extent any component of the Software may be offered under an open source license, Pilot will make that license available to you and the provisions of that license may expressly override some of this Agreement. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Service, attempt to do so, or assist anyone in doing so.

Warranty Disclaimers

We strive to provide a great Service, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PILOT, ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICE, WHICHEVER IS SOONER.

PILOT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PILOT, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PILOT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS. THE ABOVE LIMITATIONS APPLY EVEN IF PILOT AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PILOT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE.

Additional Disclaimers

NEITHER PILOT NOR THE SERVICE ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL, REAL ESTATE, OR ACCOUNTING ADVICE. PILOT IS NOT A LAW FIRM, TAX ADVISOR, FINANCIAL PLANNER, BROKER, OR PUBLIC ACCOUNTANT. The Service is intended to assist you in your financial organization and is broad in scope. Your financial situation is unique, and any information obtained through the Service may not be appropriate for your situation. Accordingly, before making any financial decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstance.

You may use the Service only as permitted by applicable law, including export control laws and regulations. We make no representation that the Service is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

You have sole responsibility for the accuracy, appropriateness, and completeness of Your Data. We will use Your Data as it is provided to us in performing the Service and we are not responsible for reviewing, validating, or otherwise confirming the accuracy, appropriateness, or completeness of Your Data.

This Agreement and all claims relating to the relationship between the parties are governed by the laws of California, U.S.A, excluding California’s conflict of laws rules.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

If you have a dispute with Pilot, you will promptly send written notice to: Pilot.com, Inc., PO Box 7775 #86889, San Francisco, California 94120-7775.

We reserve the right to amend or modify this Agreement at any time and in any manner by providing reasonable notice to you. You agree that reasonable notice may be provided by posting on Pilot’s web site, email, or other written notice. We reserve the right to modify the Service at any time and for any reason or no reason.