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Terms of Service

Cookie Finance, Inc.
Terms of Service
Last updated: August 1, 2024

Introduction

Welcome to Cookie Finance, Inc. (“Cookie Finance,” “we,” “us,” or “our”). These Terms of Service (“Agreement”) establish the terms and conditions under which you, the user (“Customer”), may access our website (“Site”) and utilize the services we offer, including any mobile applications (“App”) associated with the Site (collectively, the “Services”).

By selecting an opt-in box, clicking “I accept,” installing the App, accessing content on the Site, or otherwise engaging with the Services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you are using the Services on behalf of an entity, you represent that you have the authority to bind that entity to this Agreement, and that the entity agrees to be bound by this Agreement. If you do not agree to these terms, you are not permitted to use the Services.

Cookie Finance reserves the right to modify this Agreement at any time. We will make reasonable efforts to notify you of any significant changes via notices on the App or Site.

Unless otherwise stated, any changes will be effective immediately upon posting the revised Agreement on this Site. Your continued use of the Services after such posting will constitute your acceptance of the changes. We encourage you to review this Agreement periodically. The “Last Updated” date at the top of this Agreement indicates the most recent changes.

1. Description of Services

Cookie Finance offers a suite of cloud-based tools and services designed to assist with financial management and social media analytics. These services may include:

  • Bookkeeping and accounting service
  • Tax preparation and support for tax filings, which may be carried out by third-party tax service providers
  • Assistance with forming U.S. limited liability companies (LLCs) and making S corporation elections
  • Storage and reporting of social media data
  • Access to services provided by Gusto, Inc. (“Gusto”) for payroll management, and Intuit Limited’s QuickBooks (“QuickBooks”) for accounting management.

2. Customer Responsibilities

  • LLC Formation: Cookie Finance is merely designed to assist the Customer in preparing and filing those documents necessary to form an LLC, and the Customer authorizes Cookie and its third-party service providers to perform such services. Cookie Finance does not guarantee legal or tax outcomes.
  • S Corporation Election: The Customer is solely responsible for any decision to elect S corporation treatment and for ensuring that the Customer is eligible for S corporation treatment. Customer acknowledges and agrees that Cookie has no responsibility or liability for Customer’s S corporation election. Cookie does not guarantee that an S corporation election will reduce or minimize Customer’s personal or business tax liability, and expressly disclaims any particular results.
  • Financial Review: Customers must regularly review financial reports issued by Cookie Finance and notify us promptly of any discrepancies.
  • State and Local Tax Filings: While Cookie Finance may send courtesy reminders, Customers are responsible for filing any required state franchise, excise, or gross receipts tax forms.
  • Accuracy of Information: Customer will ensure that any business accounts or expenses will not be commingled with any of Customer’s personal accounts or expenses. In the event Customer’s business accounts are commingled with personal accounts and expenses, then Cookie cannot accurately perform the Services.
  • Third-Party Services: Cookie Finance is not responsible for actions or errors made by third-party services, such as Gusto or QuickBooks. Customers must manage their accounts with these services independently. As Gusto and QuickBooks are separate entities from Cookie, Cookie cannot control and is not responsible for the actions, errors, or omissions of Gusto or QuickBooks in connection with the Service, and Gusto’s and QuickBooks’s liability for any such actions, errors, or omissions are governed by Gusto and QuickBooks.
  • Financial Transactions: Cookie will not perform any financial transactions for the Customer.

3. Account Management

  • Account Access: Cookie Finance will provide access credentials for your account. You are responsible for safeguarding these credentials and ensuring they are not disclosed to unauthorized individuals.
  • Account Preferences: Customers are responsible for setting and managing their preferences within the account. Cookie Finance is not liable for any errors or losses resulting from incorrect settings.

4. Prohibited Uses

  • Prohibited Customers: Individuals or entities listed on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals List, individuals under 18 years of age, and any entity previously terminated by Cookie Finance are prohibited from using the Services.
  • Limitations on Use: Customers may not misuse the Services for illegal activities, unauthorized data extraction, or any other purpose not expressly permitted by this Agreement.

5. Intellectual Property

All intellectual property rights in the Services and related materials are owned by Cookie Finance or its licensors. Customers are granted a limited, non-transferable right to use the Services for their intended purpose, subject to the terms of this Agreement.

6. Data and Privacy

Cookie does not own Customer Data but, subject to the Cookie Privacy Policy, posted at the Site, and any other separate agreement between Customer and Cookie, Customer grants Cookie the right to collect, store, use and disclose Customer Data for the purpose of providing, improving and protecting the Services, creating new services, integrating the Services with Third Party Servicer Services selected by Customer, and communicating with Customer in connection with the Services. Where Customer Data includes data concerning third parties, Customer states that it has obtained the necessary consents for Cookie to collect, process, store such data hereunder from the relevant data subjects. Subject to Law, where Cookie is subject to a subpoena request for Customer Data, Cookie shall provide Customer with an opportunity to contest the request, failing which Cookie shall cooperate with the request.

  • Customer Data: Customers are responsible for the accuracy and completeness of the personal and financial data they provide. Cookie Finance is not responsible for verifying this data.
  • Data Security: Cookie Finance employs reasonable measures to protect Customer data but does not guarantee absolute security. Customers are responsible for safeguarding their devices and ensuring data backups.
  • Third-Party Data Sharing: Cookie Finance may share Customer data with third-party service providers as necessary to deliver the Services. Customers consent to such data sharing as part of using the Services.

7. Limitations on Service

You acknowledge, understand, and agree that: (i) Cookie Finance is not a law firm, accounting firm or accountant, a financial advisor, or registered security broker or dealer, and as such, Cookie Finance provides no legal, financial, or accounting advice of any kind whatsoever; (ii) no information provided through the Services is intended to constitute, nor shall it be interpreted as, any such sale or offer to sell; (iii) you alone are responsible for all corporate, tax, securities and other legal and financial reporting, payment and compliance aspects of your personal and business activities; and (iv) all information, forms, tools, and materials provided through the Services are provided to you for informational and educational purposes only and you are solely responsible for conducting your own due diligence or consulting with the appropriate subject matter expert.

8. Feedback and Intellectual Property

By providing feedback to Cookie Finance, you grant us a worldwide, royalty-free license to use, modify, and distribute your feedback in any form. You will not be entitled to any compensation for the use of your feedback.

9. Indemnification

Customers agree to indemnify and hold harmless Cookie Finance, its employees, and affiliates from any claims arising out of their use of the Services, including violations of this Agreement or applicable laws.

10. Term and Termination

  • Term: This Agreement will remain in effect for the duration selected by the Customer at account activation and will automatically renew unless terminated by either party with appropriate notice.
  • Termination: Customers may terminate their use of the Services by providing written notice to Cookie Finance. Termination does not relieve the Customer of any outstanding payment obligations.

11. Fees and Payments

  • Fees: Access to the Services may require payment of fees, as outlined on the Cookie Finance website or within the App. Fees are non-refundable unless otherwise specified.
  • Payment Authorization: Customers authorize Cookie Finance to collect payments using the payment method provided during account setup. Recurring payments will continue until the Customer cancels their subscription.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information disclosed during the course of this Agreement. This obligation will survive the termination of the Agreement.

13. Disclaimers and Limitation of Liability

  • No Warranties: The Services are provided “as is” without any warranties, express or implied. Cookie Finance does not guarantee uninterrupted access to the Services or the accuracy of any information provided.
  • Limitation of Liability: Cookie Finance’s liability for any damages arising out of or in connection with this Agreement is limited to the amount paid by the Customer in the three months preceding the event giving rise to the liability.

14. Governing Law and Dispute Resolution

  • Governing Law: This Agreement is governed by the laws of the State of Delaware, USA.
  • Arbitration: Any disputes arising under this Agreement will be resolved through binding arbitration in Wilmington, Delaware, under the rules of the American Arbitration Association.

15. Notices

Notices related to this Agreement will be delivered electronically or by mail to the contact information provided by the Customer during account setup.

16. General Provisions

  • Assignment: Customers may not assign this Agreement without the prior written consent of Cookie Finance.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or communications.
  • Amendments: Cookie Finance reserves the right to modify this Agreement at any time. Continued use of the Services after changes are posted will constitute acceptance of the updated Agreement.

17. Glossary

  • Account: The online account provided to the Customer through which they can access the Services.
  • Customer: The individual or entity using the Services.
  • Services: The suite of tools and services provided by Cookie Finance.
  • Fees: The charges applicable for using the Services, as outlined on the Cookie Finance website.