Last Updated: April 12, 2024
If you signed a separate Cover Page to access the Service with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Service.
This Agreement is between Tabata HQ, Inc. and the company or person accessing or using the Service. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.0 (“Standard Terms”). Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.
If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Service, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cover Page
Order Form
Cloud Service (or "Service"): A cloud-based finance and analytics software that helps you process transactions, recognize revenue, and forecast cash. This agreements includes the software, integrations, Founders First community and related services.
Subscription Start Date: The Effective Date
Subscription Period: 1 month(s)
Non-Renewal Notice Period: At least 10 days before the end of the current Subscription Period.
Cloud Service Fees: Section 5.2 of the Standard Terms is replaced with: Certain parts of the Service have different pricing plans, which are available at Provider’s pricing page. Within the Payment Period, Customer will pay Provider fees based on the Service tier selected at the time of account creation and Customer’s usage per Subscription Period. Provider may update Service pricing by giving at least 30 days notice to Customer (including by email or notification within the Service), and the change will apply at the beginning of the next Subscription Period.
Payment Period: 30 day(s) from the beginning of the Subscription Period. If the Customer's credit card fails to process during sign up, Provider will issue an invoice with net 30 terms.
Invoice Period: Monthly
Key Terms
Customer: The company or person who accesses or uses the Service. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Tabata HQ, Inc.
Effective Date: The date Customer first accepts this Agreement.
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount:The fees paid or payable by Customer to provider in the 12 month period immediately before the claim
Governing Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
Notice Address:
For Provider: notices@tabatahq.com
For Customer: The main email address on Customer's account
