Terms of Service
Last Updated: September 10, 2026 Version: 1.4
These Terms of Service (the "Terms") are a binding legal agreement between you and Incremenza LLC ("Incremenza," "we," "us," or "our"). They govern your access to and use of the Incremenza platform, websites, and related services (the "Service").
Please read these Terms carefully. Section 19 contains a limitation of liability. Section 22 contains a binding arbitration agreement and a class action waiver that affect how disputes between us are resolved. You may opt out of arbitration as described in Section 22.6.
1. Acceptance of These Terms
You accept these Terms when you create an account, access the Service, or use the Service in any way.
If you accept these Terms on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity, and "you" refers to both you individually and that entity. If you do not have that authority, you may not accept these Terms or use the Service.
You must be at least 18 years old to use the Service. The Service is intended for business use and is not designed for personal, family, or household purposes.
Your use of the Service is also governed by our Privacy Policy and our Acceptable Use Policy, each of which is incorporated into these Terms by reference. If you are subject to the General Data Protection Regulation or a similar data protection law, our Data Processing Addendum also applies.
2. Definitions
"Account" means the account you create to access the Service.
"Customer Data" means all data, content, and information that you or your Users submit to the Service, or that the Service imports on your behalf from a connected third-party service.
"Organization" means the company or entity associated with your Account.
"User" means any individual you authorize to access the Service under your Account, including administrators, managers, and team members.
"Subscription" means your paid or trial right to access the Service for a defined period under a defined plan.
3. The Service
Incremenza is a hosted business operating system for small and medium businesses. It connects to third-party financial and operational systems, organizes the resulting information, and provides reporting, tracking, guidance, and automation features.
3.1 Nature of the Service
The Service is provided as software delivered over the internet. We do not deliver, license, or sell you a copy of any software to install or run on your own systems.
3.2 Changes to the Service
We may add, modify, or remove features of the Service over time. We will not make a change that materially reduces the core functionality of your paid plan during a paid subscription term without giving you notice and, where the reduction is material, the option to cancel and receive a pro-rated refund of prepaid fees for the unused portion of your term.
3.3 Beta and Preview Features
We may make features available on a beta, preview, or early access basis. These are provided as is, may be changed or withdrawn at any time, and are excluded from any commitment in these Terms regarding availability or performance.
3.4 Business Use
Business use. The Service is offered to businesses and other organizations for use in the course of their business activities. It is not offered to consumers, and prices are quoted exclusive of any applicable sales tax or value added tax.
4. Accounts, Users, and Security
4.1 Accuracy of Information
You agree to provide accurate, current, and complete information when creating your Account and to keep it up to date.
4.2 Administrator Authority
The individual who creates the Account becomes an administrator. Administrators can invite Users, assign roles, change settings, access all Customer Data within the Organization, purchase and change subscriptions, and close the Account.
You are responsible for who you designate as an administrator and for everything administrators do under your Account.
4.3 Users
You are responsible for all activity that occurs under your Account, including the acts and omissions of your Users. You must ensure that each of your Users complies with these Terms and the Acceptable Use Policy.
When you invite a User, you confirm that you have the authority to provide that person's information to us and to authorize their access to Customer Data within your Organization.
4.4 Account Security
You are responsible for maintaining the confidentiality of your Account credentials and for all activity under them. You must notify us promptly at [email protected] if you suspect unauthorized access to your Account.
We require multi-factor authentication for every user, and we provide session management tools. Administrators and managers must use a phishing-resistant passkey. We are not liable for losses resulting from unauthorized use of your credentials where that use did not result from our failure to meet our obligations under these Terms.
4.5 Removing Users
You are responsible for promptly deactivating Users who no longer require access, including individuals who leave your Organization.
5. Free Trial
We may offer a free trial of the Service. Unless we state otherwise at signup:
- The trial period runs for the number of days stated at signup.
- No payment method is required to begin a trial.
- Trial access may include features that are not available on the plan you later select.
- At the end of the trial, access to the Service is limited until you select and pay for a plan.
- If you do not select a plan, your Customer Data is retained and then deleted in accordance with Section 21.
We may modify or discontinue trial offers at any time. We may limit trials to one per Organization and may refuse or cancel a trial where we reasonably believe it is being used to circumvent these Terms.
6. Subscription Fees and Billing
6.1 Plans and Fees
The Service is offered on a subscription basis under the plans and prices published at incremenza.com/pricing or otherwise agreed in writing. Fees may depend on your plan tier, the number of Users, and any add-ons you select.
6.2 Billing Cycle and Automatic Renewal
Subscriptions are billed in advance on a monthly or annual basis, depending on the term you select.
Your subscription renews automatically at the end of each billing period at the then-current price for your plan, unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal.
You can cancel at any time from your account settings. Cancellation takes effect at the end of your current billing period. You retain access to the Service until that period ends.
6.3 Adding Users and Upgrades
If you add Users beyond your plan's included seats, or upgrade your plan mid-term, we will charge the additional amount on a pro-rated basis for the remainder of the current billing period, and the new amount will apply in full from your next renewal.
6.4 Price Changes
We may change our prices. We will give you at least 30 days' notice before a price change takes effect for your subscription. Price changes take effect at your next renewal after that notice period. If you do not agree to a price change, you may cancel before it takes effect.
6.5 Taxes
Fees are exclusive of taxes. You are responsible for all sales, use, value added, goods and services, and similar taxes associated with your subscription, other than taxes based on our net income.
6.6 Failed Payments
If a payment fails, we will attempt to collect payment again and will notify you. If payment remains outstanding, we may suspend your access to the Service until the balance is paid. We will give you notice before suspending access. Suspension does not relieve you of the obligation to pay amounts already due.
6.7 Founding Partner Program
Founding Partner Program. We may offer a Founding Partner discount to a limited number of early customers. Where granted, the discount applies to the recurring subscription fee for your plan and does not apply to additional seats, usage charges, taxes, or any other fee. The discount continues for as long as your subscription remains continuously active. It ends automatically if your subscription is cancelled, lapses for more than thirty (30) days, or is transferred to another party, including in connection with a sale or change of control of your business. The discount may be combined with our annual billing rate but not with any other promotional discount. We intend to honour the Founding Partner discount indefinitely for eligible subscribers. We reserve the right to modify or discontinue the Founding Partner Program, including any discount applied to existing subscriptions, on ninety (90) days' written notice to the affected subscriber.
6.8 Tax Status
Tax status. If you are located in the European Union or the United Kingdom, you must provide a valid VAT registration number and maintain it for the duration of your subscription. You agree to notify us promptly if your registration status changes. If your VAT registration ceases to be valid, we may require you to provide a valid number within thirty (30) days, and if you do not, we may charge applicable VAT, suspend, or terminate your subscription.
7. Refunds
7.1 Monthly Subscriptions
Monthly subscription fees are non-refundable. If you cancel a monthly subscription, you retain access until the end of the period you have paid for, and no partial refund is issued.
7.2 Annual Subscriptions
If you purchase an annual subscription for the first time and are not satisfied, you may request a full refund within 30 days of the initial purchase by contacting [email protected]. This applies to your first annual purchase only, not to renewals.
7.3 Renewals
Renewal charges are non-refundable. We send a reminder before each annual renewal so that you have the opportunity to cancel beforehand.
7.4 Other Circumstances
We may issue refunds or credits at our discretion in other circumstances, including material service failures. Issuing a refund in one instance does not obligate us to do so in another.
7.5 Statutory Rights
Nothing in this Section limits any refund or cancellation right you have under applicable law that cannot be waived by agreement.
7.6 Annual Plan Changes
Annual plan changes. If you change to a lower-priced plan during an annual billing period, the difference is applied as credit against future charges on your account. We do not issue refunds for unused portions of an annual term.
8. Embedded Payments and Platform Fees
The Service includes optional features that allow you to accept payments from your own customers through a payment processor account that you connect.
8.1 Stripe Connected Account Agreement
Payment processing within the Service is provided by Stripe. By enabling embedded payments, you agree to the Stripe Connected Account Agreement, including the Stripe Terms of Service, which together form your agreement with Stripe. You can find those terms at stripe.com/legal.
You are responsible for reading and complying with Stripe's terms. Stripe may impose requirements, restrictions, holds, or account actions independently of us, and we have no control over those decisions.
8.2 Your Responsibilities
When you use embedded payments, you are the merchant of record for transactions with your customers. You are responsible for:
- The goods or services you sell and the accuracy of what you charge for them
- Your relationship with your customers, including refunds, disputes, and chargebacks
- Compliance with all laws applicable to your business, including consumer protection, tax, and financial regulations
- Not processing payments for any business or activity prohibited by Stripe or by our Acceptable Use Policy
8.3 Platform Fees
We charge a platform fee on payments processed through the embedded payments feature. This fee is in addition to the fees charged by Stripe.
The platform fee rate applicable to your Account is shown in your account settings and is disclosed to you before you enable the feature. We will give you at least 30 days' notice before increasing the platform fee rate that applies to your Account.
8.4 Payment Flow
Funds from your customers are settled to your connected payment processor account according to that processor's settlement schedule. We do not hold, control, or take custody of your funds. We are not a bank, a money transmitter, or a payment processor.
8.5 Partner Payouts
If you participate in our partner or referral program, additional terms apply, including a separate agreement governing commissions and payouts. Partner payouts are made through a Stripe Express account, and you must accept the Stripe Connected Account Agreement to receive them.
9. Third-Party Integrations
The Service connects to third-party services such as accounting platforms, banking data providers, payment processors, and analytics tools.
9.1 Your Authorization
When you connect a third-party service, you authorize us to access, retrieve, and process data from that service on your behalf, and where you have enabled it, to write data back to that service. You represent that you have the right to grant this authorization.
9.2 Third-Party Terms
Your use of any third-party service is governed by that provider's own terms and privacy policy. We are not a party to that relationship.
9.3 No Responsibility for Third Parties
We are not responsible for the availability, accuracy, completeness, security, or continued operation of any third-party service. A third-party provider may change its API, restrict access, change its pricing, or discontinue its service, and this may affect features of the Service that depend on it. Such a change is not a breach of these Terms by us.
9.4 Disconnection
You may disconnect an integration at any time from your account settings. When you disconnect, we revoke our access tokens with the provider. Data previously imported into the Service is retained so that your historical records remain intact, and is deleted when your Account is closed as described in Section 21.
10. Customer Data
10.1 Ownership
As between you and us, you own all right, title, and interest in your Customer Data. We claim no ownership of it.
10.2 License to Us
You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, and otherwise use Customer Data solely for the purposes of:
- Providing, maintaining, and supporting the Service to you
- Preventing or addressing technical problems, security threats, fraud, or violations of these Terms
- Complying with applicable law
This license ends when the Customer Data is deleted from the Service, subject to retained backups as described in our Privacy Policy.
10.3 Your Responsibilities for Customer Data
You are responsible for the accuracy, quality, and legality of Customer Data, for the means by which you acquired it, and for having all rights, consents, and legal bases necessary for us to process it as described in these Terms and our Privacy Policy.
Where Customer Data includes personal data about your own customers or employees, you act as the data controller and we act as the data processor. Our Data Processing Addendum governs that processing.
10.4 Aggregated and Anonymized Data
We may generate aggregated and anonymized data derived from use of the Service, and may use that data to operate, analyze, and improve the Service and to produce industry benchmarks and statistics.
Aggregated and anonymized data contains no information that identifies you, your Organization, your Users, or your customers, and cannot reasonably be used to re-identify any of them. Nothing in this Section permits us to disclose your Customer Data.
10.5 Data Export
Your Organization's Admins may export Customer Data from the Service at any time during your subscription, from Settings. Section 21.4 describes your ability to receive a copy of Customer Data after termination.
10.6 Artificial Intelligence Features
Certain features of the Service use machine learning models operated by third-party providers to classify transactions, generate summaries, and produce guidance. We use paid enterprise tiers of these providers under terms that prohibit the use of your data to train their models.
Output produced by these features is generated automatically and may be incomplete or incorrect. It is informational only and is subject to the disclaimers in Section 18. You are responsible for reviewing output before relying on it.
11. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. Violations of that policy are violations of these Terms.
12. Email and Communications Sent Through the Service
The Service includes features that send email to your own customers on your behalf.
You are solely responsible for the content of those messages and for having a lawful basis to contact each recipient, including compliance with CAN-SPAM, GDPR, ePrivacy, CASL, LGPD, and any other law applicable to you or your recipients.
We provide tools intended to support compliance, including unsubscribe handling, suppression lists, and required sender identification in message footers. You may not remove, disable, or circumvent these tools. Providing them does not transfer responsibility for your messaging to us.
We may pause, restrict, or disable sending on your Account if we observe bounce rates, complaint rates, spam trap hits, or other signals indicating abuse or deliverability risk. Where we do so, we will notify you and work with you to resolve the issue. We will not pause transactional messages relating to your customers' billing except where required by law or by our email provider.
13. Intellectual Property
13.1 Our Rights
The Service, including all software, designs, text, graphics, interfaces, methodologies, scoring models, benchmarks, documentation, and content we provide, and all intellectual property rights in them, are and remain the exclusive property of Incremenza LLC and its licensors. These Terms grant you no rights in the Service other than the limited right to use it described below.
13.2 License to You
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your Organization's internal business purposes during your subscription term.
13.3 Restrictions
You may not, and may not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works of the Service
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, or algorithms of the Service, except to the extent this restriction is prohibited by applicable law
- Rent, lease, lend, sell, sublicense, distribute, or otherwise make the Service available to any third party, or use it to operate a service bureau or provide services to third parties
- Use the Service to build, train, or improve a competing product or service, or to benchmark it for the benefit of a competitor
- Access the Service using automated means, including bots, scrapers, or crawlers, except through interfaces we expressly provide for that purpose
- Remove, obscure, or alter any proprietary notice in the Service
- Circumvent or attempt to circumvent any usage limit, access control, plan restriction, or security feature
13.4 Trademarks
"Incremenza" and our logos are our trademarks. You may not use them without our prior written consent, except to accurately identify that you are a customer.
13.5 Feedback
If you send us suggestions, ideas, or feedback about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and incorporate it into the Service without any obligation to you. We are not required to keep feedback confidential.
14. Confidentiality
Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. The receiving party will protect that information with the same care it uses for its own confidential information, and no less than reasonable care, and will not disclose it except to personnel and advisors who need to know it and who are bound by similar obligations.
This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed by it, or is rightfully received from a third party. Disclosure required by law is permitted, provided the disclosing party is given reasonable notice where legally permitted.
Your Customer Data is your confidential information. The non-public elements of the Service are our confidential information.
15. Support
We provide support by email at [email protected] during normal business hours. Support scope, response targets, and any additional support commitments depend on your plan and are described in the product documentation. We do not commit to a specific response time in these Terms unless a separate written agreement says otherwise.
16. Service Availability
We aim to keep the Service available and reliable, and we perform maintenance during off-peak hours where practical. We do not commit to a specific uptime level in these Terms.
The Service may be unavailable due to scheduled maintenance, emergency maintenance, failures of third-party providers, or events outside our reasonable control. Unless we have entered into a separate written service level agreement with you, availability is provided on the basis described in Section 18.
17. Security
We maintain administrative, technical, and physical safeguards designed to protect Customer Data, as described on our Security page and in our Data Processing Addendum. We will notify you without undue delay after becoming aware of a security incident affecting your Customer Data, in accordance with applicable law and our Data Processing Addendum.
No system is completely secure. You are responsible for the security practices within your own Organization, including credential management and User access.
18. Disclaimers
18.1 Not Professional Advice
The Service does not provide financial, accounting, tax, investment, or legal advice.
Metrics, scores, projections, forecasts, benchmarks, recommendations, insights, and automated guidance produced by the Service are informational tools generated from data you provide or authorize us to import. They are not a substitute for professional judgment or professional advice.
You are solely responsible for all business, financial, tax, and operational decisions you make. Before relying on any output of the Service, you should verify it and consult a qualified professional such as an accountant, tax advisor, or attorney.
We do not guarantee that the Service will increase your profitability, revenue, or business performance.
18.2 Data Accuracy
The Service processes data imported from third-party sources. We do not guarantee that imported data is complete, accurate, or current, or that automated categorization, matching, reconciliation, or classification will be error-free. You are responsible for reviewing and verifying your financial records. The Service is not a system of record for accounting, tax, or regulatory purposes.
18.3 General Disclaimer
Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranty of any kind.
We disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the maximum extent permitted by law.
19. Limitation of Liability
19.1 Exclusion of Indirect Damages
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, anticipated savings, or data, arising out of or relating to these Terms or the Service, regardless of the theory of liability and even if that party was advised of the possibility of such damages.
19.2 Cap on Total Liability
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total amount you paid us for the Service in the twelve months immediately preceding the event giving rise to the claim.
If you have not paid us any amounts, our total aggregate liability will not exceed one hundred United States dollars.
19.3 Exceptions
The limitations in this Section do not apply to:
- Your obligation to pay fees due under these Terms
- Your indemnification obligations under Section 20
- Either party's liability for fraud, willful misconduct, or gross negligence
- Any liability that cannot be limited or excluded under applicable law
19.4 Basis of the Bargain
You acknowledge that the pricing of the Service reflects the allocation of risk in these Terms, and that these limitations are an essential basis of the agreement between us.
19.5 Jurisdictional Variation
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
20. Indemnification
20.1 Your Indemnification of Us
You will defend, indemnify, and hold harmless Incremenza LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim, demand, suit, or proceeding, and all resulting damages, liabilities, losses, costs, and reasonable attorneys' fees, arising out of or relating to:
- Your Customer Data, including any claim that it infringes or misappropriates a third party's rights, or that it was collected or used unlawfully
- Your use of the Service in violation of these Terms, the Acceptable Use Policy, or applicable law
- Messages sent through the Service to your customers or other recipients
- Your embedded payments activity, including disputes, chargebacks, and refunds involving your customers
- Your products, services, or business operations
- Any dispute between you and a User, a customer of yours, or a third-party service provider
20.2 Our Indemnification of You
We will defend, indemnify, and hold harmless you and your Organization from and against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's United States patent, copyright, or trademark, and will pay damages finally awarded or amounts agreed in settlement.
This obligation does not apply to any claim arising from Customer Data, from your use of the Service in combination with anything not provided by us, from modification of the Service by anyone other than us, or from your continued use of an allegedly infringing version after we have provided a non-infringing alternative.
If the Service becomes, or we reasonably believe it may become, the subject of an infringement claim, we may at our option procure the right to continue providing it, modify it so that it is non-infringing, or terminate the affected subscription and refund prepaid fees for the unused portion of your term.
20.3 Process
The party seeking indemnification must promptly notify the other party of the claim, give the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation. The indemnifying party may not settle a claim in a way that imposes an obligation or admission on the other party without its consent.
21. Term, Termination, and Data After Termination
21.1 Term
These Terms begin when you first accept them and continue until your Account is closed or terminated.
21.2 Termination by You
You may cancel your subscription at any time from your account settings. You may close your Account entirely from your account settings. Closing your Account is permanent.
21.3 Termination or Suspension by Us
We may suspend or terminate your access to the Service if:
- You materially breach these Terms or the Acceptable Use Policy and, where the breach is capable of being cured, fail to cure it within 15 days of notice
- Your payment is overdue and remains unpaid after notice
- Your use of the Service creates a security, legal, or operational risk to us, to other customers, or to third parties
- We are required to do so by law or by a third-party provider on which the Service depends
- We discontinue the Service generally, in which case we will give you at least 60 days' notice and refund prepaid fees for the unused portion of your term
For serious violations, including those listed as immediate termination offenses in our Acceptable Use Policy, we may suspend or terminate access without prior notice.
21.4 Effect of Termination
On termination, your right to access the Service ends immediately.
If you close your own Account, we automatically generate a copy of your Customer Data in a structured, commonly used, machine-readable format and email a download link to the Admin who closed the Account. That link remains valid for 30 days.
For any other termination, and for 30 days following it, we will, on written request to [email protected], provide you with a copy of your Customer Data in the same format.
21.5 Data Retention and Deletion
After your Account is closed or your subscription ends, we retain Customer Data for 90 days to allow reactivation, and then delete it automatically. Deletion is permanent and cannot be reversed.
We retain a limited set of records after deletion where we are required to do so, including billing and tax records, and records of unsubscribe requests that must be preserved so that a previously opted-out recipient is not contacted again. Our Privacy Policy describes retention in full.
You may request deletion sooner by contacting [email protected]. We will complete such requests within 30 days.
21.6 Survival
Sections 10.1, 10.4, 13, 14, 18, 19, 20, 21.4 through 21.6, 22, and 23 survive termination, along with any other provision that by its nature should survive.
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 hear your claims.
22.1 Informal Resolution First
Before starting a formal proceeding, you agree to try to resolve the dispute informally. Send a written description of the dispute and the relief you seek to [email protected]. We will do the same for any dispute we raise. Both parties agree to work in good faith for 30 days to resolve it. If it is not resolved in that time, either party may proceed under this Section.
22.2 Binding Arbitration
Except as stated in Sections 22.4 and 22.5, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
The arbitration will be conducted by a single arbitrator, in the English language, seated in San Francisco County, California. The parties may agree to conduct the proceeding remotely. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
22.3 Class Action Waiver
Disputes must be brought on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding.
If this class action waiver is found unenforceable as to a particular claim, that claim will be severed from arbitration and heard in court under Section 23, while all other claims remain in arbitration.
22.4 Small Claims Exception
Either party may bring an individual claim in small claims court if it qualifies to be heard there.
22.5 Injunctive Relief Exception
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information, without first proceeding under this Section.
22.6 Your Right to Opt Out of Arbitration
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [email protected] stating your name, your Organization, and a clear statement that you are opting out of arbitration.
Opting out has no effect on your use of the Service, on pricing, or on any other part of your relationship with us. If you opt out, disputes will be resolved in court under Section 23.
22.7 Changes to This Section
If we materially change this Section after you accept these Terms, you may reject the change by notifying us at [email protected] within 30 days, in which case the version you originally accepted continues to apply to you.
23. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration under Section 22, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, and waive any objection to that venue.
If you are a government entity or are otherwise legally prohibited from agreeing to this governing law or venue, this Section applies to the maximum extent permitted by the law applicable to you.
24. Changes to These Terms
We may update these Terms from time to time.
For material changes, we will give you at least 30 days' notice by email to the address associated with your Account, by notice within the Service, or both. Material changes take effect at the end of that notice period, or at your next renewal, whichever is later.
For non-material changes, such as clarifications, corrections, or changes required by law, we will update the "Last Updated" date and post the revised Terms.
We may ask you to affirmatively accept updated Terms before continuing to use the Service. If you do not accept a material change, your remedy is to cancel your subscription before the change takes effect, and we will refund prepaid fees for the unused portion of your current term.
Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.
25. General
25.1 Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum where applicable, and any order form or written agreement signed by both parties, constitute the entire agreement between you and us regarding the Service, and supersede all prior agreements and understandings on that subject.
25.2 Order of Precedence
If there is a conflict, a written agreement signed by both parties controls, followed by the Data Processing Addendum for matters of personal data processing, followed by these Terms, followed by the other policies referenced here.
25.3 Severability
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force.
25.4 No Waiver
A failure to enforce any provision is not a waiver of the right to enforce it later.
25.5 Assignment
You may not assign or transfer these Terms or your Account without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all of your assets, provided the successor agrees to these Terms and you notify us. We may assign these Terms without restriction. Any attempted assignment in violation of this Section is void.
25.6 Force Majeure
Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, and failures of third-party providers. This does not excuse your obligation to pay amounts due.
25.7 Relationship of the Parties
The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship.
25.8 No Third-Party Beneficiaries
These Terms do not create any rights for any person or entity that is not a party to them, other than our affiliates and indemnified parties as expressly stated.
25.9 Notices
We may send notices to the email address associated with your Account, or by posting within the Service. You are responsible for keeping that address current. Notices to us must be sent to [email protected] and, where a formal legal notice is required, also to our mailing address below.
Notices are deemed received on the day of sending for email, and three business days after posting for physical mail.
25.10 Export Compliance
You may not use or export the Service in violation of United States export laws and regulations. You represent that you are not located in, and are not a national or resident of, any country subject to a United States embargo, and that you are not on any United States government restricted party list.
25.11 Government Use
If you are a United States government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation," and any use, duplication, or disclosure is subject to the restrictions in these Terms.
25.12 Headings and Interpretation
Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."
26. Contact Us
Incremenza LLC
2108 N ST STE N Sacramento, CA 95816 United States
- Legal and contract matters: [email protected]
- Privacy and data protection: [email protected]
- Support: [email protected]
These Terms were last updated on September 10, 2026, and are effective immediately for new customers and 30 days after posting for existing customers.