Terms of Service
These Terms of Service (the "Terms") are a legal agreement between Verita, LLC, a Texas limited liability company ("Verita," "we," "us," or "our"), and you. They govern your use of the Verita website at verita.software, the Verita mobile and tablet apps, the Verita API, and all related services, features, content, and emails (together, the "Service").
Key points
This summary is for convenience. The full Terms below control.
- Verita organizes financial data you connect or enter and turns it into dashboards and reports. It is not accounting, audit, tax, legal, or investment advice, and reports are unaudited.
- Your data stays yours. We use it only to run the Service for you, and we never sell it (see our Privacy Policy).
- You are responsible for who you invite, what you connect, and where you send reports.
- The Service is provided "as is," and our liability is limited (Section 18 and Section 19).
- Disputes are resolved by individual arbitration in Travis County, Texas, not in court or class actions. Small-claims cases are an exception, and you can opt out within 30 days (Section 22).
PLEASE READ THESE TERMS CAREFULLY. By creating an account, accepting an invitation, clicking to agree, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it, and "you" includes that organization. If you do not agree, do not use the Service.
Contents
- Definitions
- Eligibility
- Accounts and security
- Companies, roles, and invited users
- The Service
- Not professional advice
- Connected accounts and third parties
- Your data
- Reports, PDFs, and email delivery
- Acceptable use
- Our intellectual property
- Feedback
- Plans, fees, and payment
- Free, trial, and beta features
- Availability, support, and changes
- Confidentiality
- Suspension and termination
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law
- Dispute resolution and arbitration
- Mobile app terms
- Copyright complaints
- Electronic communications and notices
- Export, sanctions, and government use
- General terms
- Changes to these Terms
- Contact
1. Definitions
- "Customer" means the company, organization, or individual that creates a company workspace in the Service. The person who creates it becomes its first Company admin (its "Owner").
- "Authorized User" means any person a Customer allows to use its workspace, including Company admins, Admins, Editors, Viewers, and Report viewers.
- "Customer Data" means all data a Customer or its Authorized Users connect to, upload to, enter into, or generate in the Service. This includes financial data from Connected Accounts, categories, notes, receipts, metrics, settings, logos, and reports.
- "Connected Account" means a bank, card, accounting, payroll, commerce, or other third-party account that a Customer links to the Service.
- "Third-Party Provider" means a company that provides a Connected Account or a connection service, such as a financial institution, Plaid Inc., Intuit Inc. (QuickBooks), Xero Limited, Gusto, Inc., or Finch.
- "Report" means any dashboard, statement, metric, PDF, or other output the Service produces.
- "Order" means any online checkout, plan selection, or signed order form for paid use of the Service.
2. Eligibility
You must be at least 18 years old and able to form a binding contract. You must not be barred from using the Service under U.S. or other applicable law. The Service is intended for business and professional use, and you agree to use it for those purposes.
3. Accounts and security
- Give accurate, current, and complete information, and keep it up to date.
- Keep your password confidential and use a strong, unique one. Don't share your login. Each person needs their own account.
- You are responsible for all activity under your login and for keeping your devices secure.
- Tell us immediately at support@verita.software if you suspect unauthorized access. Use "Sign out on all devices" if a device is lost.
- Two-factor sign-in is required for every account. You may use an authenticator app or emailed codes, trust a device for a limited time, and, on supported phones, sign in with Face ID or another biometric. Keep your recovery codes somewhere safe; we may require additional verification before restoring access to an account.
- We are not liable for losses caused by unauthorized use of your credentials that result from your failure to keep them secure.
4. Companies, roles, and invited users
- The Customer controls its workspace. Owners and Admins decide who has access, at what level, which report types each person may see, and who receives reports by email. We follow the Customer's instructions.
- Access levels. The Service offers Company admin (the "Owner" in these Terms), Admin, Editor (read and write), Viewer (read only), and Report viewer access, as described in the Service. Every Customer workspace has at least one Company admin. We may refine these levels over time. The Customer is responsible for assigning appropriate access.
- Responsibility for users. The Customer is responsible for its Authorized Users' compliance with these Terms and for all activity in its workspace. The Customer must have any consents or authority needed to give each person access, including access to information about employees, customers, or other individuals that appears in Customer Data.
- Removing access. The Customer should remove access promptly when someone should no longer have it. If a person is removed, they immediately lose access to that workspace. Reports already delivered to them by email remain in their possession.
- Invitations. Invitation links are personal, expire, and work only for the invited email address. Don't forward them.
- Ownership disputes. If there is a dispute about who controls a workspace, we may rely on our records, on documents showing legal authority, or on a court order, and we may suspend changes until the dispute is resolved. We are not responsible for resolving internal disputes between a Customer's owners, employees, board members, or investors.
- Invited users who belong to several companies. Your access to each company is separate and controlled by that company.
5. The Service
Subject to these Terms and any applicable Order, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes during your subscription. The Service may include, among other things:
- importing data from Connected Accounts,
- dashboards with selectable periods, comparisons, and metrics,
- weekly, monthly, quarterly, and annual reports, saved as PDFs in a report library,
- automatic report creation and email delivery,
- transaction review and categorization, cash entry, and receipt capture,
- company branding, and
- team access management.
Features may differ between the website and the apps and between plans.
6. Not professional advice
- Verita is a software tool. We are not an accounting firm, auditor, CPA, tax preparer, bank, broker-dealer, investment adviser, or law firm, and we don't provide accounting, audit, review, tax, legal, lending, or investment advice.
- Reports, metrics, charts, suggestions, and categorizations are generated automatically from Customer Data and settings. They are unaudited, may not follow generally accepted accounting principles (GAAP) or any other framework, may omit disclosures, and may contain errors. Examples include errors in Third-Party Provider data, timing differences, rounding, estimated or allocated amounts (such as daily detail or weekly averages), and incorrect classifications.
- You are solely responsible for reviewing and approving every Report before relying on it or sending it to anyone. This includes Reports sent to lenders, investors, boards, auditors, tax authorities, or regulators. You are also responsible for the accuracy of your books, classifications, and manually entered values.
- Consult qualified professionals before making financial, tax, legal, lending, or investment decisions.
- Text you configure (such as a "basis of presentation" or "prepared by" line) is your statement, not ours.
7. Connected accounts and third parties
- Your authority. You represent that you are authorized to connect each Connected Account and to let the Service access its data. You also represent that doing so doesn't violate any agreement with the Third-Party Provider.
- Plaid. Bank and card connections are provided by Plaid Inc. By connecting through Plaid, you grant Verita and Plaid the right, power, and authority to act on your behalf to access and transmit your information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid End User Privacy Policy.
- Other providers. Connections to QuickBooks, Xero, Gusto, Finch, and others are subject to those providers' terms and policies, which you agree to follow. We are not a party to, and are not responsible for, your agreements with Third-Party Providers.
- No control over third parties. Third-Party Providers are independent. We don't control and aren't responsible for their availability, accuracy, security, fees, changes to their services, or decisions to limit or end access. A connection may stop working at any time, and data may be delayed, incomplete, or inaccurate.
- Read-only access. The Service does not initiate payments or transfer funds. Any future feature that writes data to a Connected Account will be optional and will require you to turn it on.
- Third-party content and links. Links to third-party sites are for convenience only, and we don't endorse them.
- Disconnecting. You may disconnect a Connected Account at any time in the Service or with the Third-Party Provider.
8. Your data
- Ownership. As between you and us, the Customer owns all Customer Data. We claim no ownership of it.
- Limited license to us. The Customer grants us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, and support the Service for the Customer, as directed by the Customer and its Authorized Users, and as described in our Privacy Policy. This license ends when the Customer Data is deleted.
- Our commitments. We will never sell, rent, trade, or license Customer Data. We will never use it for advertising, for our own analytics or benchmarking, or to train artificial-intelligence models. We will never use aggregated or de-identified versions of it for any of those purposes. These commitments, set out in full in the Privacy Policy, are part of these Terms.
- Your responsibilities. You are responsible for the legality, accuracy, and quality of Customer Data, for having the rights and notices needed to provide it to us, and for complying with privacy, employment, financial, and other laws that apply to your data and business. This includes any obligations to your own employees, customers, investors, and lenders.
- Sensitive data. Don't upload data the Service doesn't need, such as government ID numbers, full payment card numbers, health information, or information about children. The Service is not designed to meet special regulatory regimes (for example, HIPAA or PCI DSS for stored card data) unless we agree in writing.
- Backups. We maintain backups for disaster recovery, but the Service is not an archive. Keep your own copies of important Reports and records.
- Export and deletion. You may download Reports at any time and request an export and deletion as described in the Privacy Policy.
- Data processing agreement. On request, we will enter into a data processing agreement consistent with these Terms and the Privacy Policy.
- Security. We maintain reasonable administrative, technical, and physical safeguards, as described in the Privacy Policy, and will notify you of security breaches affecting Customer Data as described there.
9. Reports, PDFs, and email delivery
- Library. Saved Reports are stored in the Customer's library. Saving a Report for a period that already has one replaces the earlier version.
- Automatic reports. When enabled, the Service tries to create Reports on the schedule you choose, once the required data is available. Schedules may be delayed or skipped if data is missing, a connection fails, or the Service is unavailable. Check important Reports before relying on them.
- Sending Reports. When you email a Report, or turn on automatic emails for someone, you instruct us to deliver it to those addresses. You are responsible for choosing the recipients, for having the right to share the information, and for any confidentiality obligations you owe. Once delivered, a Report is outside our control, and we are not responsible for how recipients use, store, or forward it. You may also share Reports through your device's share sheet or mail app, and that transfer is governed by the app you choose.
- Email delivery. Email is not guaranteed. Messages may be delayed, filtered, or rejected by recipients' email systems, and large files may be sent as a link instead of an attachment.
- Download links. Temporary download links expire quickly for security. Don't share them publicly.
- Branding. You are responsible for having the rights to any logo, name, or text you add to Reports. You grant us a license to display them in your workspace and Reports only to provide the Service.
- Limits. We may set reasonable limits on the number of recipients, emails, invitations, Reports, storage, or connections, to protect the Service and prevent abuse.
10. Acceptable use
You agree not to, and not to let anyone else:
- use the Service in violation of any law or regulation, or to commit or facilitate fraud, money laundering, sanctions evasion, or other financial crime,
- connect accounts, or upload data, that you aren't authorized to use,
- create false or misleading Reports, or send Reports that you know are materially false to lenders, investors, regulators, or others,
- use the Service to send spam or unsolicited messages, or send Reports to people who haven't agreed to receive them where consent is required,
- access or try to access another Customer's workspace or data, or go beyond the access your role allows,
- probe, scan, or test the vulnerability of the Service, or bypass authentication, rate limits, or security measures. Good-faith security research is welcome if it follows the rules in Section 10.1.
- interfere with or disrupt the Service, including through viruses, excessive load, or denial-of-service attacks,
- scrape, crawl, or use automated means to access the Service, except through our documented API as permitted,
- copy, modify, or create derivative works of the Service, or reverse engineer, decompile, or disassemble it, except to the extent the law expressly allows despite this restriction,
- use the Service to build a competing product, or benchmark it for publication without our written consent,
- sell, resell, rent, lease, sublicense, or provide the Service to third parties as a service bureau, unless we agree in writing (for example, an accountant serving clients under a plan that allows it),
- remove or alter any proprietary notices, or misrepresent your identity or affiliation,
- upload material that is unlawful, infringing, defamatory, obscene, or harmful, or that contains malicious code, or
- use the Service in any way that could harm Verita, our providers, or other users.
10.1 Responsible disclosure
If you find a security vulnerability, report it to support@verita.software with "Security" in the subject line. Don't access, change, or keep data that isn't yours, don't degrade the Service, and give us reasonable time to fix the issue before disclosing it. We won't pursue legal action against good-faith research that follows these rules.
11. Our intellectual property
The Service is owned by Verita, LLC and its licensors and is protected by intellectual-property laws. This includes its software, design, text, graphics, report layouts, metric definitions, and the "Verita" name and logos. Except for the limited rights expressly granted in these Terms, we reserve all rights. You may not use our names, logos, or trademarks without our written permission. Open-source components are licensed under their own licenses, which control where they conflict with these Terms. The fonts used in Reports are open-source fonts used under their licenses.
12. Feedback
If you send us suggestions or ideas about the Service, we may use them without restriction or obligation to you. Feedback does not include Customer Data, and it does not give us any right to use Customer Data.
13. Plans, fees, and payment
- Plans. Some features may be free, and others may require a paid plan. The features, limits, and prices of each plan are shown at purchase or in your Order.
- Billing. If you buy a paid plan, you authorize us and our payment processor to charge your payment method for all fees when due. Unless your Order says otherwise, fees are billed in advance, in U.S. dollars, for each billing period (monthly or annual).
- Automatic renewal. Paid plans renew automatically for the same period at the then-current price until canceled. You can cancel at any time in your account settings or by emailing us. Cancellation takes effect at the end of the current billing period. We will tell you about renewal as required by law. For annual plans, we will remind you before renewal.
- Price changes. We may change prices with at least 30 days' notice. Changes take effect at your next renewal. If you don't agree, you may cancel before the change takes effect.
- Changing plans. Upgrades may take effect immediately with prorated charges. Downgrades take effect at the next renewal and may reduce features or limits.
- Taxes. Fees exclude taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, except taxes on our income.
- Late payment. If payment fails, we may retry the charge and ask you to update your payment method. If fees are more than 15 days overdue, we may suspend paid features after notice. Undisputed overdue amounts may accrue interest at 1% per month, or the highest rate allowed by law if lower.
- Refunds. Except as required by law or stated in your Order, fees are non-refundable, and we don't give refunds or credits for partial periods, unused features, or downgrades. If we terminate the Service for convenience, or you terminate because of our uncured material breach, we will refund prepaid fees for the unused period.
- Billing disputes. Contact us within 60 days of a charge to dispute it in good faith. We will work with you to resolve disputes before you initiate a chargeback.
- Third-party costs. You are responsible for any fees charged by Third-Party Providers, your bank, your mobile carrier, or your internet provider.
14. Free, trial, and beta features
We may offer free plans, free trials, or features labeled beta, preview, or early access. These are provided "as is," may have limits, may change or end at any time, and are excluded from any service commitments. At the end of a trial, you will need to choose a paid plan to keep paid features. If a trial requires a payment method, we will tell you before any charge. Our Privacy Policy commitments apply fully to free, trial, and beta use.
15. Availability, support, and changes to the Service
- We aim to keep the Service available and working well, but we don't guarantee uninterrupted or error-free operation. The Service may be unavailable during maintenance, upgrades, emergencies, or events outside our control, or because of Third-Party Provider outages.
- Support is available by email at support@verita.software. Response times and any service-level commitments apply only if stated in your Order.
- We may add, change, or remove features. If we remove a material feature that you pay for, we will give reasonable notice where practical. If the change materially reduces the paid Service, you may cancel and receive a prorated refund of prepaid fees.
- We may discontinue the Service entirely with at least 90 days' notice. In that case, we will refund prepaid fees for the unused period and give you time to export your data.
16. Confidentiality
"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood to be confidential. Customer Data is your Confidential Information. Non-public details about the Service's security, pricing, and roadmap are ours. The receiving party will use the other party's Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to personnel and providers who need to know it and are bound by similar obligations. This does not apply to information that:
- is or becomes public through no fault of the receiving party,
- was already known to the receiving party without restriction,
- is independently developed without use of the Confidential Information, or
- is rightfully received from a third party without restriction.
Disclosures required by law are allowed if the receiving party gives notice where legally permitted and discloses only what is required. For Customer Data, our Privacy Policy's more protective rules on legal requests apply.
17. Suspension and termination
- By you. You may stop using the Service at any time. Owners may close a company workspace, and any user may ask us to delete their login.
- Suspension by us. We may suspend access, limited to what is reasonably needed, if we reasonably believe that any of the following applies:
- your use poses a security risk to the Service or others,
- your use violates the law or Section 10,
- fees are overdue as described in Section 13, or
- suspension is required by law or by a Third-Party Provider.
- Termination by us. We may terminate these Terms or your access in any of these cases:
- you materially breach these Terms and don't cure the breach within 30 days of notice (or immediately for serious or repeated breaches, fraud, or illegal use),
- the law requires it, or
- for convenience, with 90 days' notice and a refund of prepaid fees for the unused period.
- Effect of termination. Your right to use the Service ends. Connected Accounts are disconnected. You may export your data for 30 days after termination, unless termination was for illegal activity or the law prohibits it. After that, we delete Customer Data as described in the Privacy Policy. Unpaid fees for periods before termination remain due.
- Survival. These sections survive termination: 8 (as to ownership and our commitments), 11, 12, 13 (as to amounts owed), 16, 18, 19, 20, 21, 22, and 27, together with any other terms that by their nature should survive.
18. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL REPORTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. VERITA, LLC AND ITS AFFILIATES, LICENSORS, AND PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DATA FROM THIRD-PARTY PROVIDERS WILL BE ACCURATE, COMPLETE, OR TIMELY; THAT REPORTS OR CALCULATIONS WILL BE CORRECT OR SUITABLE FOR ANY PURPOSE; OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION BEFORE RELYING ON IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
19. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) IN NO EVENT WILL VERITA, LLC OR ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, FINANCING, OR ANTICIPATED SAVINGS, OR ANY LOSS OR CORRUPTION OF DATA, OR COSTS OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM DECISIONS MADE IN RELIANCE ON REPORTS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THEIR POSSIBILITY.
(B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (2) ONE HUNDRED U.S. DOLLARS (US $100).
(C) THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT. THE CAP IN (B) DOES NOT APPLY TO OUR LIABILITY IF WE SELL CUSTOMER DATA OR USE IT FOR A PURPOSE OUR PRIVACY POLICY PROHIBITS.
(D) THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME MAY NOT APPLY TO YOU.
20. Indemnification
- By you. To the extent permitted by law, you will defend, indemnify, and hold harmless Verita, LLC and its affiliates, officers, members, managers, employees, and agents from and against third-party claims, and the resulting losses, damages, fines, and costs (including reasonable attorneys' fees), arising from any of the following:
- Customer Data, or your connection of any account,
- your use of the Service or Reports, including Reports you send to others,
- your breach of these Terms or of the law, or
- disputes between you and your Authorized Users, employees, investors, lenders, or Third-Party Providers.
- By us. We will defend you against any third-party claim that the Service, as provided by us and used according to these Terms, infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret. We will also pay damages finally awarded or agreed in settlement.
- If such a claim is made or appears likely, we may modify the Service, get you a right to keep using it, or end your subscription and refund prepaid fees for the unused period.
- This obligation doesn't cover claims arising from Customer Data, Third-Party Providers, combinations with things we didn't provide, or modifications or uses we didn't authorize.
- Process. The indemnified party must promptly notify the other party of the claim, give it sole control of the defense and settlement (though a settlement may not impose obligations on the indemnified party without its consent), and provide reasonable cooperation.
21. Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs Section 22. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 22, you and we consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.
22. Dispute resolution and arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
22.1 Informal resolution first
Before starting arbitration or a court case, the party with a claim must send a written notice describing the claim and the relief sought. You send notice to support@verita.software. We send notice to your account email. The parties must then try in good faith to resolve the dispute for 60 days, including at least one video or phone conference if either party asks. Limitations periods are paused during this time.
22.2 Binding individual arbitration
If the dispute isn't resolved, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship will be resolved by final and binding individual arbitration, and not in court. This includes disputes about whether this section is enforceable or applies. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or under its Consumer Arbitration Rules where those rules require. A single arbitrator will decide the dispute. The seat and venue of arbitration will be Travis County, Texas. The arbitrator may hold hearings by video or phone, or decide on written submissions, where appropriate. The arbitrator may award any individual relief a court could award, and judgment on the award may be entered in any court with jurisdiction.
22.3 Exceptions
Either party may instead:
- bring an individual claim in small-claims court in Travis County, Texas (or your county of residence, if the law requires), as long as it stays there,
- seek a temporary restraining order or preliminary injunction in court to prevent irreparable harm pending arbitration, or
- bring a claim in court for infringement or misappropriation of intellectual property.
22.4 Class action and jury waiver
YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. If this class waiver is found unenforceable as to a claim, that claim must be severed and decided in court in Travis County, Texas, after individual arbitration of all other claims is complete. It may not be arbitrated on a class basis.
22.5 Mass filings
If 25 or more similar demands are filed by or with the help of the same or coordinated counsel, the demands will be administered in batches under the AAA's mass-arbitration procedures, and the parties will cooperate in good faith to resolve them efficiently. Limitations periods are paused for demands awaiting their batch.
22.6 Costs
Fees are paid according to the AAA rules. If you are an individual and show that the arbitration costs would be prohibitive compared with litigation, we will pay the portion of the filing and arbitrator fees needed to make them not prohibitive. Each party bears its own attorneys' fees unless the law or the arbitrator's award (for a claim found frivolous or brought for an improper purpose) provides otherwise.
22.7 Your right to opt out
You may opt out of this arbitration agreement by emailing support@verita.software within 30 days after you first accept these Terms. Put "Arbitration Opt-Out" in the subject line and include your name, the email address on your account, and a clear statement that you opt out. Opting out doesn't affect any other part of these Terms. If you opt out, disputes will be resolved in the courts described in Section 21.
22.8 Time limit
To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.
22.9 Changes to this section
If we change this Section 22, the change will not apply to any claim that arose before the change. You may reject the change by emailing us within 30 days after it takes effect, in which case the earlier version will continue to apply to you.
23. Mobile app terms
- Our mobile and tablet apps are licensed, not sold, to you for use on devices you own or control, subject to these Terms and the rules of the app store you got them from ("Store Terms"). If the Store Terms conflict with these Terms about the app, the Store Terms control only to the extent required.
- Apple. If you downloaded the app from Apple's App Store, you and we acknowledge the following:
- These Terms are between you and Verita, LLC only, not Apple.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the app's purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer-protection or privacy claims, or intellectual-property infringement claims.
- You represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist-supporting," and that you are not on any U.S. government list of prohibited or restricted parties.
- You must comply with applicable third-party terms (such as your wireless carrier's) when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the app.
- Google. If you downloaded the app from Google Play, Google's terms also apply, and Google is not responsible for the app.
- App updates may be required to keep using the app, and some features may depend on your device's operating-system version and settings.
24. Copyright complaints
We respect intellectual-property rights. If you believe material in the Service infringes your copyright, send a notice to support@verita.software with "DMCA" in the subject line, including:
- your signature,
- identification of the copyrighted work,
- identification of the allegedly infringing material and where it appears,
- your contact information,
- a statement of good-faith belief that the use is unauthorized, and
- a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the copyright owner.
We may remove material and terminate repeat infringers where appropriate.
25. Electronic communications and notices
- You consent to receive communications from us electronically, including notices, agreements, disclosures, invoices, and other communications, by email to your account address or through the Service. Electronic communications satisfy any legal requirement that they be in writing.
- Notices to you are effective when sent to the email address on your account or posted in the Service. Keep your email address current.
- Legal notices to us must be sent to support@verita.software with "Legal Notice" in the subject line, with a copy to Verita, LLC, Austin, Texas. They are effective when received.
- You may request a paper copy of these Terms by emailing us. You may withdraw consent to electronic communications by closing your account.
26. Export, sanctions, and government use
- You will comply with all U.S. and other applicable export-control and economic-sanctions laws. You represent that you are not located in, organized in, or ordinarily resident in a comprehensively sanctioned country or region, are not on any U.S. government restricted-party list, and will not provide access to anyone who is.
- The Service is commercial computer software and commercial computer software documentation. If you are a U.S. government entity, the Service is provided with only the rights granted to all other users under these Terms, consistent with FAR 12.212 and DFARS 227.7202, as applicable.
- You will comply with applicable anti-corruption laws in connection with these Terms.
27. General terms
- Entire agreement. These Terms, the Privacy Policy, any Order, and any data processing agreement we sign are the entire agreement between you and us about the Service. They supersede prior agreements and understandings. If they conflict, the order of precedence is:
- a signed Order or data processing agreement (for its subject matter),
- the Privacy Policy (for data practices),
- these Terms.
- Assignment. You may not assign or transfer these Terms without our written consent, except to a successor to substantially all of your business that agrees in writing to be bound by them. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, but only to a successor bound by our Privacy Policy commitments, as described there. Any other attempted assignment is void. These Terms bind and benefit permitted successors and assigns.
- Independent contractors. The parties are independent contractors. No partnership, joint venture, agency, fiduciary, or employment relationship is created.
- No third-party beneficiaries, except as stated in Section 23 (Apple) and Section 20 (indemnified persons).
- Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control. Examples include natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, government action, utility or internet failures, cyberattacks not caused by that party's negligence, and failures of Third-Party Providers.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect. This is subject to the class-waiver severance rule in Section 22.4.
- No waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing.
- Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.
- Equitable relief. A breach of Section 10, Section 11, or Section 16 may cause irreparable harm, and the non-breaching party may seek injunctive relief in addition to other remedies.
- Publicity. We will not use your company's name or logo in our marketing without your written permission.
- Language. These Terms are written in English, and any translation is for convenience only.
- Consumer rights. Nothing in these Terms limits rights that, by law, cannot be waived or limited by contract.
28. Changes to these Terms
We may update these Terms from time to time. For material changes, we will post the updated Terms with a new date and notify Owners and Admins by email or in the Service at least 30 days before the changes take effect. Changes needed for legal reasons or for new features may take effect sooner where the law allows. If you keep using the Service after changes take effect, you accept them. If you don't agree, stop using the Service and cancel before the effective date, and we will refund any prepaid fees for the unused period of a paid plan. Changes to Section 22 are also subject to Section 22.9. No change will weaken the data commitments in our Privacy Policy without your express, opt-in consent.
29. Contact
Verita, LLC
Austin, Texas
Email: support@verita.software