Welcome to AccuBooks Plus Cloud and AI Accounting System (AccuBooks Plus), a product of Ally Techno Grit Solutions Corporation (ATGS). These Terms of Service ("Terms") govern your access to and use of our cloud-based accounting platform, related applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. AccuBooks Plus is designed to streamline and enhance your financial operations through intelligent, AI-powered tools and secure, cloud-based solutions. Whether you're a business owner, bookkeeper, or accountant, our system is here to help you manage your financial data with greater efficiency and confidence. Please read these Terms carefully before using the Services. If you do not agree to these Terms, you must not access or use our platform.

I. PLATFORM AND DEVICES

AccuBooks Plus is accessible via any compatible platform or device, including mobile phones, tablets, desktops, and laptops with a supported web browser. An active internet connection is required to use the software. By using the Services, you acknowledge and agree that you are solely responsible for meeting these technical requirements, including obtaining and maintaining compatible devices, software updates, internet access, and covering any associated costs or service agreements with your device or telecommunications provider. ATGS makes no warranties, guarantees, or representations regarding the availability, reliability, or performance of third-party telecommunications services used to access the platform. Furthermore, we are not liable for any security breaches or unauthorized data disclosures that may occur due to vulnerabilities in your network, devices, or internet connection.

II. ROLES AND RESPONSIBILITIES OF PARTIES

1. ATGS’ ROLES AND RESPONSIBILITIES

A. SOFTWARE PROVISIONS AND UPDATES

ATGS will provide you with access to AccuBooks Plus and its related services as defined in this Terms of Services. ATGS may periodically update or modify AccuBooks Plus to improve its functionality, security, or performance. In the event of a material reduction in functionality, ATGS will notify you thereof no less than thirty (30) days prior to the change and, if applicable, consider a prorated reduction in subscription fees to reflect the change.

B. OWNERSHIP AND ACCESS

The access granted to you under this Terms of Service does not constitute a sale of AccuBooks Plus or any copy thereof. All rights, titles, and interests in AccuBooks Plus remain solely with ATGS.

C. DATA SECURITY AND PRIVACY

ATGS will implement industry-standard technical and organizational security measures to protect the integrity, confidentiality, and availability of your data. These measures include protection against unauthorized access, use, or disclosure. “Data” refers to all structured data, files, attachments, account information, and contact details submitted or uploaded by you or your authorized users through AccuBooks Plus. ATGS complies with the Data Privacy Act of 2012 in the Philippines and shall treat all your data in accordance with applicable data protection regulations.

D. DATA BACKUP AND RECOVERY

ATGS will perform regular backups of your data and establish recovery procedures to minimize data loss in the event of system failure or unforeseen circumstances. While ATGS implements these measures, you are also encouraged and permitted to maintain your own backup procedures for added data protection and business continuity.

E. SYSTEM AVAILABILITY AND UPTIME

ATGS will use commercially reasonable efforts to ensure that AccuBooks Plus is available and operational 24 hours a day, 7 days a week, excluding planned maintenance or force majeure events. Planned maintenance schedules will be communicated to you in advance.

F. TECHNICAL SUPPORT AND INCIDENT RESPONSE

ATGS will provide technical support you during regular business hours through designated channels such as email, phone, messaging system, or a support ticket system. Response and resolution times are guided by Severity Levels and Incident Response as detailed below. Unresolved incidents within the agreed timelines will be assessed by ATGS on a case-by-case basis. If inefficiencies on ATGS' part result in service delays, prorated fee reductions may be considered as a fair remedy.

DEFINITION OF TERMS

Initial Response - means a verbal, written, or electronic response, in each case non-automatic, from ATGS to you regarding a reported or discovered error.

Temporary Resolution - means a temporary fix or patch to bring the system’s functionality back into compliance with the documentation until a final resolution is available.

Final Resolution - means a permanent fix to bring the system’s functionality back into compliance with the documentation.

SEVERITY LEVELS

Severity Level 1 - A critical system problem in which the system (i) is down, inoperable, inaccessible, or unavailable, (ii) otherwise materially cease operation, or (iii) perform or fail to perform so as to prevent useful work from being done.

Severity Level 2 - A problem in which the system (i) is severely limited or major functions are performing improperly, and the situation is significantly impacting certain portions of the users’ operations and productivity, or (ii) has been interrupted but recovered, and there is high risk of reoccurrence.

Severity Level 3 - A minor or cosmetic system problem that (i) is an irritant, affects non-essential functions, or has minimal business operations impact, (ii) is localized or has isolated impact, (iii) is an operational nuisance, (iv) results in documentation errors, or (v) is otherwise not Severity 1 or Severity 2, but represents a failure of system to conform to documentation.

INCIDENT RESPONSE STANDARDS

G. SOFTWARE INTEGRITY AND SECURITY MONITORING

ATGS will use reasonable efforts to ensure that AccuBooks Plus and its services are free from viruses, malware, backdoors, or harmful code designed to disrupt or harm operations. System access and usage may be monitored for the purposes of performance optimization, unauthorized use detection, and maintaining service integrity.

H. THIRD-PARTY INTERGRATIONS

If AccuBooks Plus is integrated with third-party services (e.g., email, cloud storage, payment processors), ATGS will take reasonable steps to ensure compatibility and security. However, ATGS shall not be held liable for issues that arise solely due to the failure or negligence of third-party services beyond its control.

I. LEGAL COMPLIANCE

ATGS shall perform its obligations in compliance with all applicable laws and regulations, including but not limited to software licensing, taxation, and data protection laws.

J. SECURITY BREACH NOTIFICATION

In the event of a confirmed security breach involving your data, ATGS will notify you within a reasonable timeframe (typically within 72 hours) and provide a report of the incident and steps taken for mitigation and future prevention.

2. CLIENT’S ROLES AND RESPONSIBILITIES

A. ACCOUNT ADMINISTRATION AND SUPER USERS

You shall appoint one or more Super Users to manage your account. These Super Users have the authority to access, monitor, use, export, and disclose content submitted by End Users. You are solely responsible for:

Selecting and designating Super User(s)

Ensuring the confidentiality and security of login credentials

Managing access and permissions for Super User accounts; and

Ensuring Super User activities comply with this Terms of Service

ATGS shall not be held liable for any actions or omissions by Super Users.

B. END USER COMPLIANCE

You are responsible for ensuring all End Users comply with the Terms of Service and for obtaining any necessary consents or authorizations, including but not limited to:

Authorizing Super Users to access and manage content submitted by End Users; and

Permitting ATGS to provide Super Users with access to End User data as necessary.

Only authorized users of the your organization may access AccuBooks Plus. Account sharing among End Users is strictly prohibited. You must promptly notify ATGS of any suspected or actual unauthorized access to your account or to the system.

C. PROHIBITED ACTIVITIES

You agree not to rent, lease, resell, or sublicense AccuBooks Plus to any third party. Furthermore, you shall not use AccuBooks Plus in any high-risk environment where its malfunction or failure could result in personal injury, death, or significant physical or property damage. You also prohibited from reverse engineering, decompiling, or disassembling AccuBooks Plus, or attempting to do so, unless expressly permitted by applicable law.

D. SUSPENSION OF USERS

ATGS reserves the right to request you to suspend or deactivate any End User account that is found to be in breach of the Terms of Service, or that poses a security risk, causes disruption to the service, or presents potential legal liability. Should you fail to take prompt action upon such request, ATGS may, at its discretion, directly suspend or deactivate the concerned End User account in order to safeguard the integrity, security, and functionality of AccuBooks Plus and its user community.

E. ETHICAL USE AND REPRESENTATION

By using our services, you agree to uphold the reputation and integrity of ATGS and AccuBooks Plus by always representing the company in a professional and respectful manner. You shall avoid any dishonest, misleading, or unethical behavior that could harm ATGS, AccuBooks Plus, or its services. Furthermore, you must refrain from making false claims about the company or its products, and shall not support, endorse, or publish any false or misleading advertising related to ATGS or its offerings. Only accurate and officially approved information regarding the features and capabilities of the products, as provided in ATGS’s published documentation, may be shared or communicated.

F. DATA ACCURACY AND INTEGRITY

You are responsible for ensuring that all data entered in AccuBooks Plus is accurate, complete, and up to date. ATGS shall not be held liable for errors or issues arising from inaccurate or incomplete of your data.

G. COOPERATION AND TIMELY COMMUNICATION

You agree to provide ATGS with timely access to information, feedback, and any cooperation reasonably required to support implementation, troubleshooting, system updates, or issue resolution. Delays in such cooperation may impact service timelines and outcomes.

H. COMPLIANCE WITH LAWS AND REGULATIONS

You agree to use AccuBooks Plus in full compliance with all applicable local, national, and international laws and regulations, including but not limited to those related to financial accounting, taxation, and data privacy.

III. SUBSCRIPTION

A. SUBSCRIPTION PLAN

The AccuBooks Plus Accounting System ("AccuBooks Plus") is offered as a Software as a Service (SaaS) and is provided by ATGS on a subscription basis. Subscription payments are due based on the selected billing cycle (monthly, quarterly, or annually), unless otherwise agreed upon in writing by ATGS.

B. CHANGES

By accepting these Terms of Service, you authorize ATGS to automatically charge your account according to the subscription plan and billing cycle you have selected. Payments will be charged on a recurring basis until you manually cancel your subscription. ATGS is not liable for any failure to cancel your subscription, whether intentional or accidental, and will not issue refunds for any payments made during the active subscription period.

C. PRICE INCREASE

If there is an increase in the subscription plan fees, ATGS will notify you at least thirty (30) days before the change takes effect. You have the option to either continue with the subscription or cancel it during this notice period. If you do not agree to the price increase, you may cancel your subscription in accordance with the cancellation terms. By continuing to use AccuBooks Plus after the price change, you are deemed to have accepted the new fees.

D. CANCELLATION

You may cancel your subscription at any time. However, if you cancel, no refunds will be issued; you will continue to have access to AccuBooks Plus until the end of the current billing cycle. If payment is not received in full or is overdue, ATGS reserves the right to suspend access to the system. In the event of an unsuccessful payment, you will be notified, and access will be suspended until the outstanding balance is settled. Failure to meet payment obligations may result in automatic cancellation of your subscription.

IV. PAYMENT TERMS

A. BILLING STRUCTURE

ATGS shall charge clients based on the subscription package availed. All charges are quoted and payable in Philippine Peso (PHP). Payments are on a prepaid basis, and you may choose to pay monthly, quarterly, or annually, depending on the selected plan.

B. PAYMENT METHODS

Cash

Bank Deposit or Transfer

Debit/Credit Card

E-wallets (GCash, PayMaya, PayPal, Alipay)

C. MANUAL METHODS

For Cash and Bank Deposit or Transfer, you are required to upload the proof of payment to the AccuBooks Plus platform. Access to the system or services will only be granted once the payment is verified.

D. DIGITAL PAYMENTS

Payments via Debit/Credit Card and e-Wallets are facilitated through PayMongo. Digital payments may be processed as one-time or recurring transactions, depending on your chosen payment setup. By opting for recurring payments, you expressly authorizes PayMongo to automatically deduct the corresponding payment amount from the provided debit/credit card account based on the selected billing frequency (monthly, quarterly, or annually). This authorization shall remain in effect until explicitly revoked by you.

E. BILLING CYCLE AND NOTIFICATION

Payments will be charged at the start of each billing cycle as determined by the subscribed package or plan. After payment processing, ATGS shall be responsible for notifying you of the success or failure of the transaction. PayMongo shall not be held liable for ATGS’s failure to inform you of the payment status.

F. ACKNOWLEDGEMENT

You acknowledge and agree that the billing cycle and payment amount are based on the instructions and configuration set by ATGS with PayMongo.

V. TERM AND TERMINATION

This term of service shall remain in effect until terminated by either party in accordance with the terms set forth herein. You may terminate your subscription to AccuBooks Plus at any time. Either party may terminate this term of service if: (a) the other party commits a material breach and fails to cure such breach within thirty (30) days after receipt of written notice from the non-breaching party; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings that are not dismissed within ninety (90) days.

In addition, ATGS may, at its sole discretion and without prior notice, deny, restrict, suspend, or terminate this term of service immediately if it verifies that your use of AccuBooks Plus violates this term of service, or if there is any suspicion of fraud, misuse, illegal or unlawful activity, or unauthorized access. Upon receipt of notice of termination from ATGS, you must immediately cease all use of AccuBooks Plus. In the event of termination, (i) all rights granted to you under this term of service shall immediately cease (except as otherwise specifically provided herein); (ii) any premium features provided to you shall be discontinued; (iii) any outstanding payments shall become immediately due; and (iv) any active subscription shall be forfeited without refund.

VI. WARRANTY DISCLAIMER

ATGS provides the software on an "as is" basis and makes no warranties or guarantees of any kind. We do not promise that the software will meet your specific needs, operate without errors, or work continuously without interruption. We also cannot guarantee that all bugs or issues will be fixed or that the software will always work without interference or compatibility problems with other systems. However, if any bugs or issues are brought to our attention, ATGS will act promptly to investigate and address them as necessary. All implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, system integration, and non-infringement, are expressly disclaimed.

VII. LIMITATION OF LIABILITY

ATGS shall not be held liable for any costs related to the replacement of goods or services, loss of profits, sales, or business opportunities, loss of goodwill or reputation, or for any special, indirect, incidental, or consequential damages. This includes any business losses or financial commitments resulting from the use of our software or services. These limitations apply even if we have been advised of the possibility of such damages and regardless of the legal theory on which the claim is based. The limitations will still apply even if any remedy provided fails to achieve its intended purpose.

VIII. MISCELLANEOUS

A. FORCE MAJEURE

Neither party shall be held liable for any delay or failure to perform its obligations under this term of service due to events beyond its reasonable control, including, but not limited to, acts of God, earthquakes, labor disputes, industry-wide shortages of supplies, actions by governmental authorities, riots, war, terrorism, fire, epidemics, or delays by common carriers, provided that the affected party has exercised reasonable diligence to mitigate the effects of such events and has taken all reasonable steps within its control to continue performance and minimize the duration of the Force Majeure event.

The affected party shall promptly notify the other party of the occurrence of such event when commercially reasonable. Subject to this provision, such delay or failure in performance shall not constitute a breach or default under this term of service, and the affected party’s obligations shall be extended for a period equivalent to the duration of the Force Majeure event, but in no event longer than thirty (30) calendar days.

B. RELATIONSHIP OF THE PARTIES

This term of service does not establish any agency, partnership, joint venture, or franchise relationship between the parties. Each party remains an independent contractor and nothing in this term of service shall be construed to create an employer-employee relationship between the parties or their respective employees. Neither party shall have the authority to create, assume, or incur any obligation or liability of any kind, express or implied, in the name of or on behalf of the other party.

C. APPLICABLE LAWS

This term of service shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The courts of the Philippines shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, and both parties hereby consent to such personal and exclusive jurisdiction. This term of service shall be binding upon and inure to the benefit of the parties hereto, together with their respective representatives, successors, and permitted assigns, except as otherwise provided herein.

D. AMENDMENTS

Any modification or amendment to this Term of Service ("Amendment") must be made in writing and signed by both parties or communicated via email to the other party’s designated contact person. In the case of an email Amendment, the receiving party shall have ten (10) business days to accept the proposed changes. No Amendment shall reduce your rights or ATGS’ obligations unless such reduction is expressly agreed to by you in advance. If ATGS determines, in its sole and reasonable discretion, that a proposed Amendment is material, ATGS will provide notice to you via email at the address associated with your account. Continued access to or use of AccuBooks Plus after the effective date of any Amendment that does not reduce your rights or ATGS’ obligations will constitute your acceptance of and agreement to be bound by such Amendment.

E. NO WAIVER

No waiver of any term or provision of this Agreement shall be deemed a continuing waiver of such term or of any other term or provision, nor shall any single or partial exercise of any right preclude any other or further exercise thereof. A party’s failure to enforce or assert any right or provision under this term of service shall not be construed as a waiver of such right or provision.

F. ASSIGNMENT

Neither this Agreement nor any rights or obligations hereunder may be assigned by either party without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Any assignment made in violation of this provision shall be null and void. Notwithstanding the foregoing, either party may assign this term of service, together with any associated rights or obligations, to an affiliate without the other party’s prior consent. For clarity, any assignment by you shall not relieve you of your obligation to pay all amounts due under this term of service.

G. NOTICES

All notices, requests, demands, and other communications (collectively, “Notices”) under this term of service shall be in writing and shall be deemed duly given and received: (i) on the same day if delivered by email to the designated email addresses of the parties, provided that receipt is confirmed by a reply or read receipt; or (ii) on the next business day if sent via reputable electronic messaging platforms mutually agreed upon by the parties (such as Viber, Messenger, Slack, Microsoft Teams, or equivalent), with acknowledgment of receipt. Either party may change its designated email address or preferred electronic platform by providing written notice to the other party in the same manner as set forth herein.

H. ENTIRE AGREEMENT

This term of service constitutes the complete and exclusive understanding between the parties with respect to its subject matter and supersedes all prior and contemporaneous oral or written communications, agreements, negotiations, and understandings between them. There are no representations, warranties, conditions, or agreements, express or implied, relating to the subject matter of this term of service that are not expressly set forth herein, except as may be required by applicable law. Any modification or amendment to this term of service shall be valid only if made in writing and signed by duly authorized representatives of both parties.