Terms of Service

Last updated: [DATE] · Please have a licensed attorney review and finalize before launch.

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you ("you," "User") and [LEGAL ENTITY, e.g. BreakBooks LLC] ("BreakBooks," "we," "us"), governing your use of the BreakBooks website and software (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and our Refund Policy. If you do not agree, do not use the Service.

2. The Service is a tool — NOT professional advice

BreakBooks is a software convenience tool only. It helps you organize sales data and estimate figures. It is NOT accounting, bookkeeping, tax, financial, investment, or legal advice, and is NOT a substitute for a licensed CPA, accountant, tax preparer, attorney, or financial advisor.

All numbers, reports, profit figures, tax estimates, and 1099-K reconciliations the Service produces are estimates generated from data you provide and from assumptions (such as platform fee rates) that may not match your actual circumstances. You are solely responsible for verifying every figure with a qualified professional before relying on it, and for the accuracy and completeness of any tax return, filing, or financial decision you make. We do not file your taxes, meet deadlines for you, or guarantee compliance with any tax law.

3. Eligibility & your account

You must be at least 18 and able to form a binding contract. You are responsible for all activity under your account, for keeping your credentials secure, and for the accuracy of the data you enter. For team accounts, the owner is responsible for all invited users and their access.

4. Subscriptions, billing, auto-renewal & cancellation

Paid plans are billed on a recurring monthly basis through our payment processor, Stripe, and automatically renew each month until you cancel. By subscribing you authorize recurring charges. Free trials, if offered, convert to a paid subscription unless cancelled before the trial ends.

You may cancel at any time from your Account page (Manage billing / Cancel subscription), which opens your secure billing portal. Cancellation stops future charges; access continues through the end of the current paid period. Fees already paid are non-refundable except where required by law or as stated in our Refund Policy. Prices may change with reasonable advance notice. You are responsible for applicable taxes.

5. Your data

You retain ownership of the data you upload ("User Data"). You grant us a limited license to store and process it solely to operate the Service for you. You represent you have the right to upload it. You are responsible for maintaining your own backups. Our handling of personal data is described in the Privacy Policy.

6. Acceptable use

You agree not to: use the Service unlawfully; breach security or access other users' data; reverse-engineer, copy, or resell the Service; build a competing product from it; or upload illegal, infringing, or malicious content. We may suspend or terminate accounts that violate these Terms.

7. Third-party platforms

The Service organizes data you export from third parties (e.g., Whatnot, eBay, TikTok) and relies on providers like Stripe and our hosting/database vendors. We do not control those platforms, are not affiliated with or endorsed by them, and are not responsible for their fees, formats, availability, accuracy, or changes. Platform names are trademarks of their owners, used only to describe compatibility.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any output will be accurate, complete, or suitable for your tax or financial needs. You use the Service and any output at your own risk.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BreakBooks and its owners, members, employees, contractors, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, or for any tax penalties, interest, fines, audits, or financial losses, arising out of or relating to your use of (or inability to use) the Service or any output, even if advised of the possibility. Our total aggregate liability for any and all claims will not exceed the greater of (a) the amount you paid us in the three (3) months before the claim, or (b) US $50. Some jurisdictions do not allow certain limitations, so parts of this may not apply to you; nothing here limits liability that cannot be limited by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless BreakBooks and its owners, members, employees, and partners from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your User Data, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

11. Termination

You may stop using and cancel at any time. We may suspend or terminate access for breach or discontinue the Service. Sections that by their nature should survive termination (Disclaimers, Limitation of Liability, Indemnification) survive.

12. Changes; governing law; disputes

We may modify the Service or these Terms; material changes will be noticed reasonably (e.g., email or in-app), and continued use is acceptance. These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law rules. [Any dispute will be resolved by binding individual arbitration in [COUNTY, STATE], and you and BreakBooks waive any right to a jury trial and to participate in a class action, except where prohibited by law.]

13. General

These Terms, with the Privacy and Refund Policies, are the entire agreement. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign to a successor. Nothing here creates a partnership, agency, or employment relationship.

14. Contact

Questions: [support@breakbooks.com] · [Company legal name & mailing address].

This draft is written to protect BreakBooks to the maximum extent the law allows, but it is not legal advice and has not been reviewed by an attorney. Complete every [bracketed] item and have a licensed lawyer in your state finalize it before taking payments.