This Pilot Subscription Agreement is between Pilot.com, Inc. (“Pilot”, “we”, “our”) and each business that subscribes to the Service (“you”, “your”). The written order form executed by you and Pilot (the “Order Form”) together with this Pilot Subscription Agreement is referred to herein as the “Agreement”. The Effective Date of this Agreement is the date that the Order Form has been signed by both you and Pilot. If the Order Form contains additional terms and conditions, then those terms and conditions govern to the extent they conflict with any term and conditions in this Pilot Subscription Agreement.
By using the Service, you’re agreeing to be bound by this Agreement. The individual accepting this Agreement or initiating use of the Service on your behalf hereby represents and warrants that he or she has all authority necessary to bind you to this Agreement.
Use of the Service will result in an account on Intuit Inc.’s Quickbooks Online service being created for you if you don’t already have one, and you will be required to agree to Intuit’s applicable Terms of Service located at https://quickbooks.intuit.com/global/terms-of-service/ (the “Intuit Terms”) and Intuit Privacy Statement located at https://security.intuit.com/privacy. If you do not agree to any provision of the Intuit Terms or Intuit Privacy Statement, then you will not be able to use the Service.
This Agreement incorporates by reference the Non-Disclosure Agreement provided to you at https://www.pilot.com/nda. At your request, Pilot will execute an additional copy of the Non-Disclosure Agreement for your records.
This Agreement incorporates by reference the Pilot Privacy Statement provided to you at https://www.pilot.com/privacy.
A. The Pilot service is a solution for bookkeeping and financial organization, as made available by Pilot (the “Service”). We reserve the right to modify the specific features and functionality of the Service at any time in our sole discretion.
B. The Service provides bookkeeping services. The Service (including any communications you may have with Pilot personnel in connection with the Service) is not a substitute for and does not include legal, tax, financial, real estate, healthcare or accounting advice, and Pilot is not a public accounting firm. Without limiting the generality of the foregoing, you acknowledge that the Service does not include, and you will not purport to rely on the Service for: (i) audit, examination, verification, investigation, certification, presentation, or review, of financial transactions or accounting records; (ii) advice relating to accounting procedure and to the recording, presentation, or certification of financial information or data; (iii) preparation or certification of reports on audits or examinations of books or records of account, balance sheets, and other financial, accounting and related schedules, exhibits, statements, or reports that are to be used for publication, for the purpose of obtaining credit, for filing with a court of law or with any governmental agency, or for any other purpose; (iv) legal advice regarding any of your business practices, including with respect to their appropriateness or legality; or (v) tax advice or tax return preparation (although we will provide bookkeeping assistance to your tax preparer of choice). You should seek the services of a duly licensed professional in connection with any of the foregoing. In particular, only a certified public accountant can attest (e.g. as part of an audit) as to whether the results of the Service are compliant with GAAP, IFRS or any other accounting standards or rules, and Pilot makes no representation or warranty with respect thereto.
C. If you need an attestation (e.g. audited financial statements), Pilot can introduce you to one or more certified public accounting firms who can provide these functions, and Pilot will provide bookkeeping assistance to your attestation provider of choice.
D. We use bookkeeping software provided by a third party in order to provide parts of the Service (“Third Party Software”). As of the Effective Date, the Third Party Software we use is Quickbooks Online. You acknowledge that the performance, availability, features and functionality of the Service may be limited in various respects by the performance, availability, features and functionality of the Third Party Software, and that Pilot shall have no liability of any kind to with respect to any such limitations. To the extent we use different or additional Third Party Software or third party services in connection with the Service in the future, you may be asked to agree to additional terms and conditions required by the applicable third party in order to continue using the Service and/or receive the benefit of new functionality or features.
E. You agree not to use the Service in relation to any activities associated with or connected to any violation of any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), including, but not limited to, transactions relating to counterfeit goods, stolen goods, illegal or controlled substances, substances that pose a risk to consumer safety, illegal online gambling / wagering, escort services, pyramid schemes, counterfeit goods, unlicensed sale of firearms, or any type of money laundering. We may suspend or terminate provision of the Service, in whole or in part, where we believe it is being used in a manner that breaches this Agreement or creates risk of personal injury, property damage or legal liability for Pilot, you or any third party, or may cause Pilot to lose the services of one of our third party service providers.
When you use the Service, you provide us with, or otherwise enable us to collect or receive, various categories of data, including without limitation written, verbal, and/or electronic data relating to your financial transactions and other information relating to You (collectively, “Your Data”). Your Data is yours. We need your permission to do things like hosting Your Data, backing it up, analyzing it to perform bookkeeping, communicating the results to You, and using and disclosing Your Data as outlined in the Non-Disclosure Agreement referenced in Section I above. The Service also provides you with features like transferring Your Data to certain third party products and services, such as the Third Party Software. These and other features may require our systems to access, store, scan, and transmit Your Data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
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.
Please don’t upload or transmit Your Data unless you have the right to do so. You hereby represent and warrant that you have all necessary rights with respect to Your Data to provide it to Pilot and to allow Pilot to use it in the manner contemplated hereunder without violation of any law, rule or regulation or any rights of any third party.
We may provide you with the opportunity to transfer certain data between a product or online service of a third party, such as a website of a financial institution with which you have an account (any such product or online service, a “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 agree that we may provide your Login Credentials to a third party for use on our behalf hereunder. You hereby represent that you have the authority to provide the Login Credentials to us and you expressly appoint us and our third party service providers as your 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.
This Agreement is effective as of the Effective Date and shall continue in full force and effect until terminated as set forth herein.
You may cancel your subscription to the Service at any time, for any or no reason. To cancel your account, please contact Pilot customer service at [email protected].
We may terminate this Agreement or use of the Service at any time, for any or no reason, 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 and to the extent possible and on request made by you transfer to you the “master administrator” status for the Intuit Quickbooks Online account that was maintained for you by Pilot, so that you can elect to maintain that subscription with Intuit or export your data.
If You or we cancel prepaid service, we provide refunds on request 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 on request. (If that month was your first month of Service, we will also refund you any onboarding fees).
Sections I, II, III.B, III.E, IV, V, VII, VIII (with respect to accrued but unpaid fees), IX, X, XI, XII, XIII and XIV (other than XIV.F) of this Agreement shall survive any termination of this Agreement.
You agree to pay Pilot fees for the Service as set forth in the Order Form. Pilot collects payment for the Service automatically via ACH. You hereby authorize Pilot.com, Inc. (“Pilot”) or its payment processor to initiate entries to your business bank checking account on file with Pilot (using your business address on file) in order to pay amounts that you owe to Pilot, and, if necessary, to initiate adjustments for any transactions credited or debited in error. You represent that you have authority to bind the organization that owns the bank account and to authorize these transactions to the bank account. This bank account payment authorization will remain in effect until you notify Pilot in writing to cancel it in such time as to afford Pilot and the bank reasonable opportunity to act on it. Pilot may immediately suspend provision of the Service if your account is past due. Except to the extent expressly set forth herein, all payments are non-refundable and non-creditable.
Any promotional discount can only be applied to Pilot Core Service for a month after you subscribe, not to catch-up bookkeeping for a prior month. Promotional discounts cannot be combined; if you are eligible for multiple offers, you must select one.
The Service and the technology underlying 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 or any such technology, others’ content in the Service, Pilot trademarks, logos and other brand features. We welcome feedback, but note that we may use any and all comments, suggestions and other feedback without any obligation to you.
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.” NO WARRANTY IS MADE THAT THE SERVICE OR RESULTS OF USE OF THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS, THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE. 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 UNDER APPLICABLE LAW, 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF PILOT, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS FOR ALL CLAIMS RELATING TO THE SERVICE AND THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER. SUBJECT TO APPLICABLE LAW, PILOT, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS 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 ITS AND THEIR SUPPLIERS, LICENSORS AND SERVICE PROVIDERS 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.
Your financial situation is unique, and any information obtained through or in connection with 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.
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.
A. 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. You agree that any action arising out of or relating to this Agreement or the Service shall be filed only in the state or federal courts located in the Northern District of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action
B. 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.
C. You may not assign this Agreement, in whole or in part. Pilot may freely assign this Agreement, in whole or in part.
D. You hereby consent to receive communications from Pilot electronically in connection with this Agreement and your use of the Service, including without limitation legal and regulatory disclosures and communications, notices of disclosures about a change in this Agreement and privacy policies and notices. We will communicate with you by email or by posting notices in the Service user interface. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to receive, access and view electronics communications from us, you must have a valid e-mail account and software that can be used to access it, software that can view PDF files, and all computer hardware and software and Internet connectivity necessary to access and use the foregoing. It is your responsibility to keep your Service account e-mail address up-to-date so that you are able to receive electronic communications from us. You represent that your computer hardware and software meets the above requirements and that you have provided us with a valid and current e-mail address at which we may send you electronic communications. You may update your contact information by contacting us at [email protected] if your e-mail address changes. Notwithstanding your agreement and consent to exchange information with us electronically, we reserve the right to provide you, and the right to require you to provide us, with a written or paper version of any communication in addition to or instead of the electronic copy thereof in our discretion or as the law may require. We also reserve the right to discontinue provision of communications electronically at any time, or to terminate or change the terms and conditions on which we provide electronic communications (provided that will give you with prior notice of such termination or change as required by law). If you at any time wish to withdraw this consent, you may e-mail us at [email protected], provided that you acknowledge that such action shall constitute a termination of this Agreement and result in the termination of your Service account and ability to use the Service. You acknowledge and agree that your consent under this paragraph is being provided by you in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “ESIGN Act”), and that you and Company both intend that the ESIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
E. This Agreement constitutes the entire agreement between you and Pilot with respect to its subject matter, and supersedes any and all prior agreements, discussions, negotiations and offers.
F. Pilot may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after Pilot provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your Service account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a replacement of this Agreement incorporating the Changes, whichever comes first. Except as set forth in the foregoing, this Agreement may only be amended in a writing executed by authorized representatives of you and Pilot.
G. 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.
Last updated: September 17, 2018