Terms of Service

1. Business Use

IQounting is designed primarily for businesses, entrepreneurs, accounting professionals and other users acting for purposes related to their trade, business or professional activity.

The Service is not intended primarily for private consumer use.

If mandatory consumer protection laws apply to you notwithstanding the above, nothing in these Terms limits any rights that cannot lawfully be excluded or restricted.

2. The IQounting Service

IQounting is an AI-assisted accounting automation and financial administration platform.

Depending on the features available under your account or subscription, the Service may include functionality such as:

• managing one or more companies or business workspaces;
• managing customers, suppliers and related business information;
• creating, managing and sending outgoing invoices;
• generating invoice documents and making invoices available through public or shareable invoice pages;
• tracking invoice status, payment status, reminders and activity;
• uploading incoming invoices, bills, receipts and other accounting documents;
• uploading multiple documents for separate processing;
• extracting information from documents using artificial intelligence, machine learning, optical character recognition (“OCR”) and other automated technologies;
• creating structured accounting records from uploaded documents;
• reviewing, correcting and approving extracted information;
• managing expenses, income, outstanding amounts and other financial information;
• dashboards, reports and financial summaries;
• integrations with third-party accounting, storage, banking, communication or business software; and
• additional automation, accounting and financial workflow functionality that we may introduce from time to time.

Features may differ depending on your subscription, country, integration availability, beta status or technical configuration.

3. AI-Assisted Features

Certain parts of the Service use artificial intelligence, OCR, machine learning or other automated systems (“AI Features”).

AI Features may, for example, identify suppliers, customers, invoice numbers, dates, amounts, VAT information, payment details, accounting categories or other information from uploaded documents.

4. Accounts and Company Workspaces

You must provide accurate and complete information when creating and maintaining an account.

You are responsible for:

• keeping your login credentials secure;
• all activities performed through your account;
• ensuring that users authorised under your company workspace have appropriate permissions;
• removing access when a person is no longer authorised to use the workspace; and
• notifying us promptly if you suspect unauthorised access.

You may not share personal account credentials in a manner that circumvents user limits, access controls or applicable subscription restrictions.

IQounting may support different user roles, such as owner, administrator or member. Permissions available to each role may vary.

A person designated as an account owner or administrator may be able to add or remove users, change permissions, manage billing, access Customer Data or otherwise control the company workspace.

You are responsible for assigning appropriate roles and permissions.

5. Customer Data and Documents

“Customer Data” means information, documents, files, invoices, bills, receipts, customer information, supplier information, transaction data, accounting information and other content submitted to or generated through the Service on your behalf.

As between you and IQounting, you retain your rights in Customer Data.

You grant IQounting a limited right to host, copy, process, transmit, display, transform and otherwise use Customer Data only as reasonably necessary to:

• provide and operate the Service;
• process documents and transactions;
• provide AI Features;
• maintain, secure and improve the Service;
• provide support;
• prevent fraud, abuse and security incidents; and
• comply with applicable law.

You represent and warrant that you have all rights, permissions and lawful grounds necessary to provide Customer Data to IQounting and to instruct us to process it.

You must not upload information that you are legally prohibited from processing or providing to us.

6. Personal Data and Data Protection

The processing of personal data is governed by our Privacy Policy.

Where IQounting processes personal data on behalf of a Customer acting as a controller within the meaning of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), such processing may additionally be governed by an applicable Data Processing Agreement (“DPA”).

Customers are responsible for ensuring that their collection and use of personal data through IQounting complies with applicable data protection laws, including providing required privacy notices and establishing an appropriate lawful basis for processing.

Where required, IQounting may use subprocessors to provide infrastructure, AI processing, communications, storage, analytics, security or other supporting services, subject to applicable data protection requirements.

7. Invoices and Communications

The Service may allow you to create invoices, generate invoice documents, send invoices or reminders by email, and provide invoices through public or shareable links.

You are solely responsible for:

• the accuracy and legality of invoices created through the Service;
• determining whether an invoice complies with applicable accounting, VAT, tax and invoicing requirements;
• verifying customer details, payment information, amounts, VAT rates and payment terms;
• determining whether and when an invoice should be sent;
• ensuring that you have a lawful basis to contact recipients;
• monitoring payment status; and
• maintaining any accounting or tax records required by law.

IQounting does not become a party to a transaction merely because an invoice is created, sent, viewed or managed through the Service.

A delivery, sent, opened, viewed or similar status displayed in IQounting may be based on technical events and does not constitute legal proof that a communication has been received, accepted or legally served.

You are responsible for deciding whether additional delivery or notification methods are required.

8. Public and Shareable Links

Some features may allow documents or information to be accessed through public, unique or shareable links.

Anyone who obtains such a link may potentially be able to access the information made available through it unless additional access controls are provided.

You are responsible for deciding whether use of a public or shareable link is appropriate for the information concerned and for sharing such links only with intended recipients.

You must notify us promptly if you believe a shareable link has been disclosed to an unauthorised person.

9. Third-Party Services and Integrations

IQounting may integrate with or rely on third-party products and services, including accounting software, cloud storage providers, email providers, payment services, AI service providers, banks, financial data providers or other business tools (“Third-Party Services”).

Your use of Third-Party Services may be governed by separate terms and privacy policies established by those providers.

IQounting is not responsible for Third-Party Services that are outside our reasonable control, including:

• their availability;
• changes to their APIs or functionality;
• data supplied by them;
• service interruptions;
• security incidents affecting their systems; or
• their decision to restrict or discontinue an integration.

We may modify, suspend or discontinue an integration if the relevant Third-Party Service changes, becomes unavailable or creates legal, security or technical risks.

10. Acceptable Use

You may use the Service only lawfully and in accordance with these Terms.

You must not:

• use the Service for unlawful, fraudulent or deceptive activities;
• upload malicious software, viruses or harmful code;
• attempt to gain unauthorised access to accounts, systems or data;
• interfere with the security, integrity or performance of the Service;
• reverse engineer, decompile or attempt to derive source code except where such restriction is prohibited by applicable law;
• use automated means to overload, scrape or abuse the Service;
• circumvent usage, subscription, access or technical limits;
• use the Service to infringe intellectual property, privacy, confidentiality or other rights of any person;
• use the Service to transmit unlawful unsolicited communications;
• use the Service to develop or train a competing product using unauthorised extraction of the Service or its proprietary outputs;
• sell, sublicense or provide access to the Service to third parties except where expressly permitted by your subscription or a separate agreement; or
• use the Service in a way that creates unreasonable legal, security or operational risk for IQounting or other users.

We may investigate suspected violations and may restrict or suspend access where reasonably necessary to protect the Service, users or third parties.

11. Usage Limits and Fair Use

Certain plans may include usage limits relating to users, companies, documents, document processing, storage, invoices, AI processing, API requests, emails, integrations or other resources.

Where a plan is described as including unlimited or high-volume use, such use remains subject to reasonable and fair use.

We may apply technical limits or contact you if your usage:

• materially exceeds normal usage for the relevant plan;
• creates excessive infrastructure or third-party processing costs;
• adversely affects Service performance for other users;
• appears automated or abusive; or
• is inconsistent with the intended business use of the relevant subscription.

Where reasonably possible, we will seek to resolve excessive usage by proposing an appropriate plan, usage limit or commercial arrangement before restricting legitimate use.

12. Fees, Subscriptions and Payment

Certain parts of the Service may be free, offered as a trial, available during a beta period or require a paid subscription.

Current pricing, billing intervals and included features are displayed on our website, in the Service or in an applicable order form.

Unless otherwise stated:

• subscription fees are billed in advance;
• subscriptions automatically renew for successive billing periods until cancelled;
• you authorise us or our payment service provider to charge the applicable subscription fees and taxes;
• you are responsible for providing valid billing information; and
• fees already paid are non-refundable except where required by applicable law or expressly stated otherwise.

You may cancel a subscription through the available account functionality or by contacting us where account cancellation functionality is unavailable.

Cancellation normally takes effect at the end of the current paid billing period unless otherwise stated.

We may change prices for future billing periods. Where required or commercially reasonable, we will provide advance notice before a new price takes effect.

Failure to pay amounts when due may result in suspension or termination of access to paid features.

13. Taxes

Fees displayed by IQounting may be exclusive or inclusive of VAT or other taxes as indicated during purchase.

You are responsible for taxes, duties or similar governmental charges applicable to your purchase or use of the Service, except taxes imposed on IQounting’s net income.

You are responsible for providing accurate billing, company, VAT and tax information.

14. Trials, Beta and Preview Features

We may provide beta, early-access, experimental, preview or trial functionality.

Such features may be incomplete, changed frequently, contain errors or be discontinued.

Unless expressly stated otherwise, beta and preview features are provided for evaluation and may not be appropriate for production-critical accounting workflows without additional verification and backup procedures.

You should maintain appropriate independent copies or records of information that you are legally required to retain.

15. Intellectual Property

The Service, including its software, interface, design, databases, workflows, documentation, trademarks, logos and other proprietary material, is owned by or licensed to IQounting and is protected by applicable intellectual property laws.

Except for the limited right to use the Service under these Terms, no intellectual property rights are transferred to you.

Subject to payment of applicable fees and compliance with these Terms, IQounting grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Service for your internal business purposes during the applicable subscription or authorised use period.

“Qounting”, “IQounting” and associated branding may not be used without our prior permission except as permitted by applicable law.

16. Feedback

If you voluntarily provide suggestions, feedback or ideas regarding IQounting, you grant us the right to use that feedback without restriction or payment to improve, develop or commercialise the Service.

This does not give us ownership of your Customer Data.

17. Service Availability and Changes

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability.

The Service may occasionally be unavailable due to:

• maintenance;
• upgrades;
• infrastructure failures;
• security incidents;
• third-party service interruptions;
• internet or telecommunications failures;
• force majeure events; or
• circumstances outside our reasonable control.

We may modify, add or remove features in order to improve the Service, address security or legal requirements, adapt to third-party services or develop the product.

Where a change materially reduces core paid functionality, we will seek to provide reasonable notice where practicable.

18. Backups and Record Retention

IQounting may maintain backups for operational resilience, but the Service is not intended to be your sole legally required archive unless we expressly state otherwise.

You remain responsible for complying with accounting, tax, corporate and other record-retention requirements applicable to you.

Where export functionality is available, you should periodically export information that is critical to your business.

19. Suspension

We may temporarily suspend access to all or part of the Service where reasonably necessary because:

• fees are overdue;
• we reasonably believe your account has been compromised;
• your use creates a security or operational risk;
• you materially violate these Terms;
• your use may violate applicable law;
• a competent authority requires us to do so; or
• suspension is necessary to prevent harm to IQounting, users or third parties.

Where appropriate, we will attempt to notify you and provide an opportunity to resolve the issue.

20. Termination

You may stop using the Service at any time and may cancel your subscription according to Section 12.

We may terminate your access where:

• you materially breach these Terms and fail to remedy the breach within a reasonable period after notice, where the breach is capable of remedy;
• you repeatedly breach these Terms;
• continued provision of the Service would violate applicable law;
• your use creates a material security risk;
• payment remains overdue; or
• we discontinue the Service.

We may also terminate free accounts or beta access on reasonable notice.

Upon termination, your right to use the Service ends.

Where reasonably practicable and legally permitted, we may provide a limited period during which you can export Customer Data. We are not required to retain Customer Data indefinitely after termination.

Sections that by their nature should survive termination, including provisions concerning intellectual property, liability, payment obligations, confidentiality and disputes, will continue to apply.

21. Confidentiality

Each party may receive non-public business, technical or commercial information of the other party.

The receiving party must use such confidential information only for purposes connected with the Service and must protect it using reasonable safeguards.

Confidential information does not include information that:

• is or becomes public without breach of an obligation;
• was lawfully known by the receiving party without confidentiality restrictions;
• is lawfully received from a third party; or
• is independently developed without use of the confidential information.

A party may disclose confidential information where required by law, court order or competent authority.

22. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an “as available” basis.

We do not warrant that:

• the Service will always be uninterrupted or error-free;
• every feature will remain available indefinitely;
• AI or OCR outputs will be completely accurate;
• the Service will identify every accounting, tax or compliance issue;
• information obtained from third parties will be accurate or complete; or
• the Service will meet every individual business or regulatory requirement applicable to you.

Nothing in this Section excludes warranties or obligations that cannot lawfully be excluded.

23. Limitation of Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for intentional misconduct or other liability that cannot lawfully be limited.

Subject to the above, IQounting will not be liable for indirect or consequential losses, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill or similar commercial losses resulting from use of the Service, to the extent such losses may lawfully be excluded.

In particular, IQounting is not responsible for losses resulting from:

• Customer Data entered incorrectly by you or your users;
• reliance on AI-generated information without appropriate verification;
• incorrect accounting, tax, VAT or financial treatment selected or approved by you;
• invoices sent to incorrect recipients based on information provided by you;
• unauthorised disclosure of public or shareable links by you or your users;
• actions or failures of Third-Party Services;
• your failure to maintain legally required records or independent backups; or
• unauthorised access caused by your failure to protect account credentials.

To the maximum extent permitted by applicable law, IQounting’s aggregate liability arising out of or relating to the Service during any twelve-month period will not exceed the total fees paid or payable by the Customer to IQounting for the Service during the twelve months preceding the event giving rise to the claim.

If you use the Service free of charge, IQounting’s aggregate liability will be limited to EUR 100, to the maximum extent permitted by applicable law.

The limitations in this Section apply only to the extent they are valid and enforceable under applicable law.

24. Customer Responsibility and Indemnification

To the extent permitted by applicable law, you are responsible for claims, losses or costs suffered by IQounting arising from:

• Customer Data that you had no lawful right to provide;
• unlawful use of the Service by you or your authorised users;
• infringement of third-party rights caused by material supplied by you; or
• your material violation of these Terms.

This obligation does not apply to the extent a claim or loss was caused by IQounting’s own breach of these Terms or applicable law.

25. Compliance with Laws

Each party is responsible for complying with laws applicable to its own activities.

You are responsible for determining which accounting, tax, invoicing, corporate, industry-specific and record-retention requirements apply to your business.

Availability of a feature within IQounting does not itself mean that the feature is legally sufficient for every jurisdiction or use case.

26. Export Controls and Sanctions

You may not use the Service where such use would cause IQounting to violate applicable sanctions, export-control laws or other trade restrictions.

We may restrict access where reasonably necessary to comply with such legal obligations.

27. Changes to These Terms

We may update these Terms to reflect:

• changes to the Service;
• new functionality;
• legal or regulatory requirements;
• security requirements;
• changes to our business model; or
• other reasonable operational needs.

The current version will be published on our website with an updated effective date.

If changes materially affect your rights or obligations, we will provide reasonable advance notice where required or appropriate.

Your continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

28. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Estonia, without regard to conflict-of-law rules.

For Customers acting in the course of their business or professional activity, disputes arising out of or relating to these Terms or the Service will be subject to the jurisdiction of the competent courts of the Republic of Estonia.

Before commencing formal proceedings, the parties should make reasonable efforts to resolve a dispute in good faith.

If mandatory law grants you the right to bring proceedings in another jurisdiction, nothing in these Terms limits that mandatory right.

29. Electronic Communications

You agree that we may provide contractual notices and Service-related communications electronically, including through the Service or by email to the address associated with your account.

You are responsible for keeping your contact information current.

30. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except as part of a permitted transfer of your business where the successor assumes your obligations.

IQounting may assign these Terms in connection with a merger, corporate restructuring, sale of business or assets, or transfer to an affiliated company, provided that doing so does not materially reduce your rights under these Terms.

31. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will apply to the maximum extent permitted by law and the remaining provisions will remain in effect.

32. No Waiver

Failure by either party to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

33. Entire Agreement

These Terms, together with any applicable order form, subscription terms, Privacy Policy, DPA or other agreement expressly incorporated by reference, constitute the agreement governing your use of the Service.

If a separately signed agreement between you and IQounting conflicts with these Terms, the signed agreement will prevail to the extent of that conflict.

34. Contact

The Service is provided by:

Email: support@iqounting.com

Questions concerning these Terms may be sent to support@iqounting.com.