Check Terminal Terms of Service

Agreeing to these Terms

You accept these Terms when you create an account after being told that doing so means you agree to them, or when you click to accept them when we ask, for example after we make a material change. You also acknowledge our Privacy Policy at checkterminal.com/privacy, which explains how we handle personal information. If you do not agree to these Terms, do not use Check Terminal.

If you create an Account or a Company, or buy a paid plan, for a business, you accept these Terms on behalf of that business and confirm that you have authority to bind it. In that case, “you” and “your” mean that business.

If you join a Company by invitation, you use the Service as an authorized user of that Company under its agreement with us, and you must follow these Terms.

If you are a bookkeeper or accountant who uses Check Terminal for clients, the section “Bookkeepers and accountants” also applies to you.

Who can use Check Terminal

Check Terminal is for businesses in the United States. It is not for personal, family or household use. To use it:

• you must be at least 18 years old;
• you must use it for a business, nonprofit or other organization based in the United States, or for a professional firm that serves such organizations;
• you must have authority to act for each business you add;
• you must not be barred from using it under US law, including US sanctions laws; and
• you must not have had an account suspended or terminated by us before, unless we agree otherwise.

A few defined terms

We keep defined terms to a minimum. These terms are used throughout:

• “Service” means Check Terminal, including the website at checkterminal.com, the app, and the files and emails it produces.
• “Account” means the Check Terminal account set up for your business, including its Companies, team members, settings and any subscription connected to it.
• “User” means one individual person with their own Check Terminal login.
• “Subscriber” means the User who buys a paid plan.
• “Company” means a business set up in Check Terminal. One Account can manage more than one Company.
• “Team member” means any User you invite or allow to use the Service for a Company, including bookkeepers and accountants.
• “Customer Data” means the information you or your team members put into the Service or connect to it, and the checks, files and reports the Service creates from it.
• “Output” means the files and entries the Service generates for you, including check PDFs, voided-check PDFs, Positive Pay files, register exports, reports and entries sent to QuickBooks Online.

What Check Terminal is, and what it is not

Check Terminal is software. It helps you prepare checks, route them through approvals, print them on your own check stock and printer, and keep a check register. It also creates files such as Positive Pay files and accounting exports. If you choose, it can connect to QuickBooks Online.

Check Terminal is not a bank, a money transmitter or a payment processor. In particular:

• We do not move money. We do not send ACH payments, wires or any other transfers.
• We do not hold your funds or your payees’ funds, and we do not keep balances.
• We do not process payments to your payees, and we do not guarantee that any check will be accepted, deposited or paid.
• We do not print or mail checks for you. The Service produces a PDF. You print it on your own check stock and printer, and you deliver it.
• We do not send checks, payment notices or remittance details to your payees.
• We do not send Positive Pay files to your bank. You download them and upload them to your bank yourself.
• We do not verify that you own or are authorized on a bank account, or that a payee is who they claim to be.

Every check you print is drawn on your own bank account, and your bank decides whether to pay it. Stop payments, insufficient funds, returned items, fraud claims and disputes with payees are matters between you, your bank and your payee.

Check Terminal does not give legal, tax, accounting or banking advice. Ask your own advisers and your bank about your obligations.

Your account and sign-in security

Give us accurate information when you sign up, and keep it up to date. Sign-in, passwords and multi-factor authentication (MFA) are handled by our authentication provider.

You are responsible for keeping your Account secure. That includes:

• using a strong password and never sharing your login. Each person should have their own login;
• turning on MFA in your profile settings where it is offered. Check Terminal does not force MFA on, so this is up to you. We strongly recommend it for everyone on your team, and especially for anyone who can add bank accounts or approve or print checks;
• protecting the devices and email accounts your team uses to sign in;
• protecting download links. Links to check PDFs, exports and Positive Pay files work for anyone who has the link until it expires, so do not forward them; and
• telling us right away at [Contact email] if you think someone has used your Account or a User’s login without permission.

You are responsible for all activity that happens through your Account and your team members’ logins.

Team members, roles and approval settings

You decide who joins each Company and what they can do. You can invite team members by email, give each person a role and remove people at any time. Check Terminal comes with built-in roles (Admin, Approver and Creator), and you can also create custom roles.

You are responsible for your team members, and we treat their actions in Check Terminal as your actions. Give each person only the permissions they need, and remove access promptly when someone leaves. A person’s role may apply in every Company on your Account that they can access, so review their access whenever you add a Company.

Approval flows help you run your internal controls, but they do not guarantee those controls. You choose how flows are set up, and you are responsible for deciding whether they are adequate for your business. For example, depending on your settings:

• one person with the right role can create, approve and print the same check;
• a flow can approve checks automatically; and
• an approver can edit an approved check without a new approval.

Check Terminal records each action in an activity log under the name of the person who took it, and people with the right permissions can see these logs. When you remove a team member, they lose access, but their name stays on the records and log entries they created.

Bookkeepers and accountants

If you use Check Terminal to manage checks for clients, you confirm that each client has authorized you to do so. That includes adding the client’s bank accounts and signatures and preparing, approving or printing checks on its behalf.

You are responsible under these Terms for each client Company you create or manage. You are also responsible for following your engagement terms with your clients and any professional rules that apply to you. If you pay for a plan that covers client Companies, that subscription is between you and us, and your fee arrangements with your clients are up to you.

You are responsible for giving your clients any notices the law requires about how their data and their payees’ data is handled in Check Terminal, and for having the right to share that data with us.

As between a bookkeeper and its client, the client owns the Customer Data in the client’s Company, and the bookkeeper administers that Company for the client. If the client asks us, and we can verify that the request comes from the client, we may give the client control of its Company, provide the client with an export of its data, or remove the bookkeeper’s access. When an engagement ends, the bookkeeper must cooperate in handing the Company over to the client, or in exporting or deleting its data as the client directs.

Your responsibilities for checks

You are fully responsible for every check you create, approve, print or issue with Check Terminal, and for every file you give your bank. Before you use any check or file, you must:

• confirm that the payee, amount, date, memo, check number and bank account are correct. The Service uses the information you and your team enter and does not verify it;
• check the amount in words, which the Service writes from the number you enter;
• review the printed check itself. Characters the check font cannot print, such as accented letters, are left out, and the payee’s mailing address is not printed on the check;
• review imported data carefully. CSV imports may not read unusual formats the way you expect. For example, a minus sign in an amount is ignored, so “-50” imports as 50.00; and
• reconcile your bank account and your books regularly against your bank statements.

Printing does not lock a check. Until a check is voided, people with edit permission can still change it after it is printed, and printing it again creates a new PDF with the same check number. Every print and download is recorded in the activity log. If you edit, reprint or void a check, you must destroy or void any earlier paper copy and make sure only one check with each number is issued.

Check numbers are unique only within Check Terminal, for each bank account. If you also issue checks from the same account another way, such as bank-printed checks or other software, you are responsible for avoiding duplicate check numbers.

To the fullest extent the law allows, and as between you and us, you bear the risk of loss for checks drawn on the bank accounts you add, including forged, altered, duplicate or unauthorized checks. This does not apply to the extent a loss is caused by our breach of our security obligations under these Terms. In that case, “Limitation of liability” still applies.

Check Terminal keeps records to help you, but it should not be your only record. You are responsible for keeping any records the law requires you to keep, such as copies of checks and payment records. You are also responsible for following the laws that apply to your payments and records, including tax reporting, sanctions, recordkeeping and unclaimed property laws.

Bank accounts and signatures

When you add a bank account, you confirm that the business is the account holder, or has written authority from the account holder, to issue checks on that account through Check Terminal. Check Terminal checks only the format of routing and account numbers. It does not confirm that an account exists or that you are allowed to use it. Once a bank account is added, its routing and account numbers cannot be changed, so add a new bank account if they change.

When you upload a signature, you confirm that:

• the signature belongs to a person who is authorized to sign checks on the account, and that person has agreed to its use in Check Terminal;
• you have any facsimile-signature agreement or other authorization your bank requires; and
• you understand that the signature is applied automatically to checks printed by anyone on your team who has permission to print.

Generated files contain your full bank details. Check PDFs and voided-check PDFs include your full routing and account numbers, and Positive Pay files include your full account number, plus your routing number when your bank’s format requires it, so your bank can read them. Once you download, print or share these files, you are responsible for keeping them safe. We also keep copies of check PDFs and Positive Pay files, as described in “Privacy and security”. Give a voided check only to people you trust, such as a vendor or payroll provider setting up deposits.

Printing, check stock and MICR

Check Terminal creates check PDFs with a MICR line, the line of bank numbers along the bottom of a check. The MICR line and the MICR font we provide have not been certified by any bank or standards body, such as under the ANSI X9 check standards. Whether your bank accepts a printed check depends on things we do not control. You are responsible for:

• using check stock that meets your bank’s requirements, including any security features it expects;
• using a printer, and MICR toner or ink where required, that meets your bank’s requirements;
• testing your template and printer alignment, including the position and size of the MICR line, and getting your bank to approve a sample before you issue live checks;
• testing again after you change your template, printer, check stock or bank; and
• any bank rejections, returned-item fees, processing delays or late payments caused by print quality, alignment or formatting.

The template designer lets you move and resize fields, including the MICR line. A template change can stop your bank from reading your checks.

Keep blank check stock and printed checks secure. Destroy misprints and any checks you do not issue.

Positive Pay files and other exports

Check Terminal can create Positive Pay files and other exports, such as CSV, PDF, QuickBooks IIF and Xero files. We provide these as a convenience. No bank or software provider has certified them, and you must verify them before you rely on them.

• Positive Pay formats are based on our understanding of each bank’s format, and we choose a format from the bank name you enter. They may not match your bank’s current requirements. Confirm the format with your bank before you use it.
• A Positive Pay file includes only checks printed through Check Terminal and checks voided in it, selected by check date. It does not include checks you issue any other way, or approved checks that have not been printed.
• Payee names may be shortened to fit your bank’s format, and commas, quotation marks and line breaks in them are replaced with spaces so they cannot break the file. Review every file before you upload it.
• We do not send Positive Pay files to your bank. You are responsible for uploading them on time and for reviewing and deciding on any exceptions your bank reports.
• Each register export includes at most 5,000 checks, the most recent that match the filters you choose. Check that each export contains everything you expect.

If a Positive Pay file or export is wrong or incomplete, your bank may pay a check you did not mean to pay, or return a check you did mean to pay. You are responsible for those outcomes, as described in “Limitation of liability”.

QuickBooks Online

Connecting QuickBooks Online is optional. When you connect it, you authorize us to access your QuickBooks company through Intuit and to read and write the data the connection needs. That includes creating checks, bills and bill payments in your books, and importing your vendors, accounts and recent transactions.

The sync is a convenience and does not replace your own bookkeeping. You remain responsible for your books. In particular:

• entries are created from the account and vendor mappings you set, and vendors are matched by name, so review your mappings before you sync;
• changes you make to a check in Check Terminal after it syncs, including voids, are not sent to QuickBooks, so you must update QuickBooks yourself;
• changes made in QuickBooks are not always reflected in Check Terminal;
• imports bring in only a limited number of recent QuickBooks transactions, so the QuickBooks records shown in Check Terminal may be incomplete; and
• you should review synced entries and reconcile your books regularly.

You can disconnect QuickBooks at any time. When you do, we delete our stored access tokens and ask Intuit to revoke our access. Data already synced to QuickBooks, and data already imported into Check Terminal, stays where it is.

Your agreement with Intuit also governs your use of QuickBooks Online. We are not responsible for QuickBooks Online, its availability or changes Intuit makes to it. If our access expires or Intuit ends it, you may need to reconnect.

Third-party services

Check Terminal relies on other companies, including providers for sign-in, hosting, data storage, email and billing. Our Privacy Policy lists the main providers and what they do. An outage or change at one of these providers can affect the Service.

Services you use alongside Check Terminal, such as your bank, QuickBooks Online and our billing provider’s checkout, have their own terms, and those terms apply to your use of them. We do not control your bank, QuickBooks Online or your email provider, and we are not responsible for them.

Payment card details go to our billing provider. We do not receive or store your full card number.

Acceptable use

Use Check Terminal only for lawful business purposes. You must not do, or let anyone else do, any of the following:

• create, print or issue a fraudulent, counterfeit, altered or unauthorized check, or any check meant to deceive a payee, a bank or anyone else;
• add or use a bank account, signature or company identity that you are not authorized to use;
• make payments that are unlawful, including payments that break sanctions, anti-money-laundering or anti-fraud laws;
• upload malware or files designed to harm the Service or other users;
• copy or modify the Service, create derivative works of it, or reverse engineer, decompile or try to extract its source code, except where the law allows it despite this restriction;
• scrape or crawl the Service, or access it with bots or other automated tools, except through features we provide for that purpose;
• overload or interfere with the Service, or get around rate limits, usage limits or plan limits;
• probe, scan or test the security of the Service, or bypass any security or access control, without our written permission;
• access, or try to access, data that belongs to another customer;
• share logins, or let someone use a login created for another person;
• resell, rent or share access to the Service. Bookkeepers and accountants may still use it to serve their own clients; or
• use the Service to build a competing product.

If you find a security vulnerability, report it to [Contact email] with “Security” in the subject line, and do not test it further.

We may investigate suspected violations. We may also cooperate with banks, law enforcement and regulators when we believe it is appropriate or the law requires it.

Plans, fees and billing

Check Terminal offers paid plans and may offer a free plan. Our pricing page and checkout show each plan’s features, limits and price, in US dollars, and how often you are billed. When you choose a paid plan, you agree to pay the price shown at checkout.

AUTOMATIC RENEWAL: PAID PLANS ARE BILLED IN ADVANCE AND RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD UNTIL YOU CANCEL. UNLESS CHECKOUT SHOWS A DIFFERENT BILLING PERIOD, EACH BILLING PERIOD IS ONE MONTH. AT THE START OF EACH BILLING PERIOD WE, OR OUR BILLING PROVIDER, WILL CHARGE YOUR PAYMENT METHOD THE PRICE SHOWN AT CHECKOUT, AS CHANGED UNDER “PRICE CHANGES” BELOW, PLUS ANY APPLICABLE TAX. YOU CAN CANCEL ONLINE AT ANY TIME IN YOUR BILLING SETTINGS IN CHECK TERMINAL. CANCELLATION TAKES EFFECT AT THE END OF THE CURRENT BILLING PERIOD.

• Who buys and manages a plan. A paid plan is bought by, and billed to, the Subscriber, who buys it for your business. Only the Subscriber can change or cancel the subscription. Checkout shows which Companies and features the plan covers.
• If your Subscriber leaves. The subscription stays with the Subscriber’s login. If the Subscriber leaves your business, arrange for them to cancel it, and for another User to subscribe if you still need a paid plan. Email [Contact email] if you need help.
• Payment processing. Our third-party billing provider processes payments. We do not receive or store your full card number.
• Plan limits. A plan may limit how you use the Service. For example, it may limit how many new checks each Company can print in a calendar month (UTC). A check counts once, the first time it is printed. Once you reach a limit, you may not be able to print new checks until the limit resets or you upgrade. We may also change a limit for your Account.
• Taxes. Prices do not include taxes unless we say so. You are responsible for sales, use and similar taxes, but not for taxes on our income. If we are required to collect tax, it will be shown at checkout or on your receipt.
• Failed payments. If a payment fails, we or our billing provider may try it again. If it still fails, we may move the Companies the plan covers to the free plan or suspend paid features until you pay.
• Price changes. We may change our prices. We will tell you by email or in the Service at least 30 days before a new price applies to your subscription. The new price starts with your first billing period after that notice period. If you do not agree, you can cancel before the new price takes effect.
• Plan changes. When you upgrade or downgrade, the change and any charge are shown at checkout or in your billing settings.
• Trials and other billing periods. If we offer a free trial, or a plan billed for a period other than monthly, checkout will show its terms before you buy, including when a trial ends and what you will be charged after it.

Free plan

If we offer a free plan, it has lower limits and may not include every feature. We may change the free plan’s features and limits, or stop offering it. If we stop offering it, we will give you reasonable notice so you can upgrade or get an export of your data.

Cancellation and refunds

You can cancel a paid subscription online at any time in your billing settings in Check Terminal. The Subscriber is the one who cancels. If you cannot reach your billing settings, email [Contact email] and we will help you cancel.

Cancellation takes effect at the end of your current billing period, and paid features stay available until then. After that, the Companies the plan covered move to the free plan if one is available. Otherwise, access to paid features ends.

Fees are non-refundable. We do not give refunds or credits for partial billing periods or unused features, except where the law requires it or these Terms say otherwise.

Cancelling or downgrading does not delete your data. To close your Account, see “Suspension, account freezes and termination”. To have your data deleted, see “Exporting and deleting your data”.

Availability and support

We work to keep the Service available, but it may be unavailable at times, for example for maintenance or updates, or because of an outage at one of our providers. We do not offer uptime or service-level commitments on any plan unless we agree to them in writing.

For help, email [Contact email].

Suspension, account freezes and termination

We may suspend or limit your access to all or part of the Service if we reasonably believe that:

• your Account is being used for fraud, or to create counterfeit, altered or unauthorized checks;
• your Account or a team member’s login has been compromised;
• you have materially breached these Terms, including the acceptable use rules;
• you have not paid fees that are due;
• your use creates a security risk or could harm the Service, other customers or third parties; or
• the law, a court order or a government authority requires it.

Account freeze. If we suspect fraud, we may freeze a Company. While it is frozen, you may be unable to create, edit, submit, approve, reject, delete, print, void or import checks, download check PDFs, add attachments, create voided checks or sync with QuickBooks. You can still export your check register and Positive Pay files. If you need to stop a check during a freeze, contact your bank directly. If we believe quick action is needed to prevent loss, we may freeze a Company without advance notice. We will tell you how to contact us, and we will lift the freeze once we are satisfied the issue is resolved.

When we suspend or freeze an Account, we will try to tell you why and what you can do. We will not if telling you would compromise an investigation, create a security risk or break the law.

Termination by you. You may stop using the Service at any time. Cancel any paid plan first, as described in “Cancellation and refunds”. To close your Account completely, email [Contact email].

Termination by us. We may terminate your Account if you materially breach these Terms and do not fix the breach within 15 days after we tell you about it. We may terminate immediately for fraud, serious misuse or repeated violations, or where the law requires it. We may also stop offering the Service for any reason on at least 30 days’ notice. If we do, we will refund any fees you prepaid for the time after the Service ends.

Effect of termination. When your Account ends, your right to use the Service ends too. For 30 days after your Account ends, you may ask us at [Contact email] for an export of your check register, unless we ended your Account for fraud or the law prevents us from providing it. After that, we may delete your data as described in “Exporting and deleting your data”.

These parts of the Terms continue to apply after your Account ends:

• “Your responsibilities for checks”;
• the promises you make in “Bank accounts and signatures”;
• any fees you owe under “Plans, fees and billing”;
• “Your data”, “Data processing” and “Confidentiality”;
• “Exporting and deleting your data”;
• “Disclaimers”, “Limitation of liability” and “Indemnification”; and
• “Governing law and disputes” and “General terms”.

Your data

You own your Customer Data. These Terms do not give us ownership of it.

You give us a limited permission to host, store, copy, process, transmit and display Customer Data. We may do so only to provide, maintain, secure and support the Service, to prevent fraud and abuse, and to comply with law. We may also create de-identified, aggregated statistics about use of the Service that do not identify you, your team, your clients or your payees, and use them to run and improve the Service.

You are responsible for your Customer Data, including whether it is accurate and lawful. You confirm that you have the right to give us the data you put into the Service, including information about your team members, clients and payees. You also confirm that you have given any notices and obtained any consents the law requires for that data.

Do not put Social Security numbers, health information or payment card numbers in memos, line items, vendor records or attachments.

Our authorized staff may access Customer Data when needed to provide support, investigate fraud or security issues, keep the Service running or comply with law. Our platform administrators can also see some information across all customers: company names, plan and usage information, and activity log entries, including the details recorded in them, such as payee names, amounts, addresses and team member emails. Activity logs also record IP addresses and browser details.

Data processing

Customer Data often includes personal information about your team members, clients and payees. For that personal information, we act as your service provider (also called a processor). This does not cover the information we handle for our own purposes, which our Privacy Policy describes: each User’s login and sign-in details, our billing records, and the activity logs we keep for security, fraud prevention and legal compliance. For personal information we process as your service provider, this means:

• we process it only on your behalf, to provide, maintain, secure and support the Service, to prevent fraud and abuse, and to comply with law;
• we do not sell it, or share it for cross-context behavioral advertising, as those terms are used in privacy laws;
• we do not keep, use or disclose it for any other purpose, or outside our direct business relationship with you, and we do not combine it with personal information we get from other sources, except as privacy laws allow a service provider to do;
• we maintain reasonable administrative, technical and physical safeguards designed to protect it, as described in “Privacy and security”;
• we require the service providers that process it for us (our subprocessors) to protect it under written terms at least as protective as these. Our Privacy Policy lists our main subprocessors;
• we will give you reasonable help, taking into account the nature of the Service, to respond to requests from individuals to access, correct or delete their personal information; and
• we will tell you if we decide we can no longer meet these obligations. If that happens, you may take reasonable steps to stop and fix any unauthorized use.

We follow your instructions as set out in these Terms and in your settings in the Service. If you need a separate data processing addendum (DPA), email [Privacy email].

Confidentiality

“Confidential Information” means non-public information that one of us gives the other in connection with the Service and that is marked confidential, or that a reasonable person would understand to be confidential. Your Confidential Information includes your Customer Data. Ours includes non-public information about the Service, its security and any pricing we do not publish.

The party that receives Confidential Information will:

• use it only to perform its obligations, or exercise its rights, under these Terms;
• protect it with at least reasonable care; and
• share it only with its employees, contractors and service providers who need it for that purpose and who are bound by confidentiality duties at least as protective as these.

Confidential Information does not include information that is or becomes public through no fault of the receiving party, that the receiving party already knew or lawfully received from someone else without a duty of confidentiality, or that it developed independently.

If the law or a court requires a party to disclose Confidential Information, it may do so. Where the law allows, it will first tell the other party so the other party can seek protection.

These duties continue for 5 years after your Account ends. For Customer Data, they continue for as long as we hold it, and for trade secrets, for as long as they remain trade secrets. Our use of Customer Data is also governed by “Your data” and “Data processing”.

Privacy and security

Our Privacy Policy at checkterminal.com/privacy explains how we collect, use and share personal information. It is not part of these Terms.

We host our main database and file storage in the United States. Some of our service providers may process data in other countries.

We use reasonable safeguards designed to protect Customer Data. For example, we encrypt the bank routing and account numbers and the EINs stored in our database. We also keep generated files in private storage that can be reached only through links that expire, control access with the permissions you set, and record activity in logs.

We keep copies of the check PDFs and Positive Pay files the Service generates. These files contain your full account number, and check PDFs (and Positive Pay files whose bank format requires it) also contain your full routing number, because your bank needs them. We keep them in private storage until the Company’s data is deleted, as described in “Exporting and deleting your data”. They are protected by access controls and expiring links, not by the field-level encryption we use in our database.

No system is perfectly secure, and we cannot guarantee that unauthorized access will never happen. If we learn of a security incident that affects your Customer Data, we will notify you as the law requires.

Exporting and deleting your data

Users with export permission can export the check register as a CSV, PDF, QuickBooks IIF or Xero file. Each export includes up to the 5,000 most recent checks that match the filters you choose, such as bank account, status or payee. Users with print permission can download the PDF of an approved check.

Which self-serve export features you can use may depend on your plan. On any plan, including the free plan and after you cancel, you can ask us at [Contact email] for an export of your check register.

For anything else, such as the stored PDF of a check that was later voided, a register too large for one export, your vendor list, activity logs or attachments, email [Contact email] or [Privacy email]. We will make reasonable efforts to provide it in a commonly used format within a reasonable time.

Some records can be archived but not deleted. For example, you can archive vendors, bank accounts and signatures, but the Service does not let you permanently delete them. Only draft checks can be deleted, so every other check stays in your register.

We do not automatically delete your data when you cancel, downgrade or stop using the Service. To have a Company’s data deleted, the business that owns the Company, or a User with authority to act for it, should email [Privacy email]. Once we verify the request, we will delete or de-identify that Company’s data, including its stored files, within 30 days, except for the records listed below.

Deleting your own login does not delete the Company records you created. Those records belong to the Company and may continue to show your name and email address. To have your login deleted, email [Privacy email]. Do not use a delete option in your profile settings for this, because it removes only your sign-in record and may leave your information in Check Terminal.

Even after a deletion request, we may keep:

• activity and audit logs, which we currently keep indefinitely in an append-only form as a security, fraud-prevention and legal record. They may include names, email addresses, IP addresses and details of changes made;
• billing and subscription records;
• records we need to comply with law, resolve disputes, investigate fraud or enforce these Terms; and
• copies held in routine backups, until those backups are deleted in the normal course.

This means that the names and email addresses of people who worked in a Company may remain in records and activity logs we keep.

Keep your own copies of any records you need. We are not responsible for keeping your records for any period the law requires of you.

Emails and electronic notices

You agree to receive communications from us electronically, by email and in the Service. Electronic notices meet any legal requirement for a communication to be in writing.

The Service sends operational emails, such as approval requests, approval decisions and scheduled reports. Team members can turn some of these on or off in their notification settings. Some emails are still sent when notifications are turned off.

We send emails and in-app notifications on a best-effort basis, and they may be delayed, marked as spam or never delivered. A missed notification does not change your responsibility to review and approve checks or to monitor your accounts.

We will also send important notices about your Account, billing, security and changes to these Terms. You cannot opt out of these while you have an Account.

Feedback

You do not have to send us feedback. If you do send ideas, suggestions or feedback about the Service, we may use them without restriction and without paying you. We will not publicly name you as the source without your permission.

Our intellectual property

We and our licensors own the Service, including its software, designs, the check templates we provide, its text and logos, and the Check Terminal name. These Terms do not transfer any of those rights to you.

While these Terms are in effect, we give you a limited, non-exclusive, non-transferable and revocable right to use the Service for your internal business purposes. This right depends on you following these Terms and paying any fees that apply. Bookkeepers and accountants may also use the Service to serve their clients. We keep all rights we do not expressly grant.

You may use, print and share Output for your own business purposes.

Disclaimers

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY.

In particular, we do not promise that:

• any bank will accept a check, MICR line or Positive Pay file produced by the Service;
• the MICR line, check layout or fonts meet any bank or industry standard;
• Output will meet the requirements of your bank, your accountant or any software provider;
• the Service will catch errors, duplicates, fraud or unauthorized activity;
• the Service, its emails or its notifications will be uninterrupted, timely or error-free; or
• QuickBooks Online or any other third-party service will work with the Service, or continue to work with it.

Some states do not allow certain warranty disclaimers, so some of these may not apply to you.

Limitation of liability

Please read this section carefully. It limits what we owe you if something goes wrong.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, SAVINGS, GOODWILL OR DATA, OR BUSINESS INTERRUPTION, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

To the fullest extent the law allows, we are not liable for any loss to the extent it results from:

• fraudulent, forged, counterfeit, altered, duplicate or unauthorized checks drawn on your accounts, including checks created or printed by your team members or by anyone using their login;
• errors, acts or omissions of your bank, a payee or any other third party, including a bank’s decision to pay or to refuse a check;
• inaccurate, incomplete or out-of-date information entered or imported by you or your team, or mappings and settings you chose;
• errors in Output, including in the MICR line, the amount in words, check numbers or file formats, that the review and testing these Terms require of you would have revealed;
• Positive Pay files, exports or QuickBooks entries that you used without verifying them;
• check stock, printers, toner, alignment or print quality; or
• your failure to keep logins, devices, downloaded files or check stock secure.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, AND (B) US$100.

These limits apply to every kind of claim, whether based on contract, tort (including negligence), strict liability or any other theory. They do not limit any liability that the law does not allow to be limited, such as liability for our own fraud or willful misconduct. Some states do not allow these limits, so some may not apply to you.

Indemnification

You will defend, indemnify and hold harmless [Company legal name] and its officers, directors, employees and agents against third-party claims. This covers the related losses, damages, fines, penalties and costs, including reasonable attorneys’ fees. It applies to claims that arise from:

• checks you or your team members create, print, issue, alter or void, and files you give your bank;
• your Customer Data, including any claim that you did not have the right to provide it;
• your use of a bank account, signature or company identity, including any claim that you were not authorized to use it;
• the acts and omissions of your team members, and of any client you use the Service for;
• your breach of these Terms; or
• your violation of any law or third-party right.

We will tell you promptly about any such claim. A delay in telling you relieves you of your obligations only to the extent the delay harms your ability to defend the claim. You may control the defense, and we will cooperate reasonably at your expense. You may not settle a claim in a way that admits fault on our behalf or places obligations on us without our written consent. We may join the defense with our own lawyers at our own cost.

Changes to the Service and to these Terms

Changes to the Service. We may add, change or remove features, limits and integrations. If a change materially reduces the features or limits of a paid plan you are on, we will give you reasonable notice before it takes effect, and you may cancel.

Changes to these Terms. We may update these Terms. We will give you at least 30 days’ notice of a material change, by email or in the Service. Other changes take effect when we post them. Changes needed for legal, security or fraud-prevention reasons may take effect sooner. The effective date at the top shows when these Terms last changed.

We may ask you to click to accept the updated Terms before you continue using the Service. If you keep using the Service after a change takes effect, you also accept the updated Terms. If you do not agree, stop using the Service and cancel your subscription before the change takes effect.

Changes to “Governing law and disputes” do not apply to any dispute that arose before the change took effect.

Governing law and disputes

These Terms are governed by the laws of the State of [Governing-law state] and by applicable US federal law, without regard to conflict-of-law rules.

Talk to us first. Before starting a formal claim, email [Contact email] with a description of the issue and the outcome you want. Before starting a claim against you, we will do the same using the email address we have on file for your Account. Both sides will then try in good faith to resolve the dispute informally for at least 30 days. The time to bring a claim is paused during this informal resolution period.

If the dispute is not resolved, it may be brought only in the state courts located in the county of our principal place of business in [Governing-law state], or in the federal court for the district that includes that county. You and we consent to the personal jurisdiction and venue of those courts. Either side may still bring an individual claim in small claims court if it qualifies. Either side may also ask any court with jurisdiction for urgent relief to protect its intellectual property, its Confidential Information or the security of the Service.

JURY TRIAL WAIVER: TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

Individual claims only. To the fullest extent the law allows, you and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective or representative action.

Any claim must be brought within one year after it arises, unless the law requires a longer period.

General terms

• Entire agreement. These Terms and the plan terms shown at checkout are the entire agreement between you and us about the Service. They replace any earlier agreements on the same subject. Our Privacy Policy explains how we handle personal information, but it is not part of this agreement.
• Order of precedence. If these Terms conflict with the plan terms shown at checkout, the checkout terms control only for price, billing period and plan limits. These Terms control everything else. Our billing provider’s terms govern its checkout and payment processing, but not your relationship with us under these Terms.
• Assignment. You may not transfer these Terms without our written consent, except to a successor that acquires all or substantially all of your business and agrees to these Terms. We may transfer these Terms to an affiliate, or as part of a merger, acquisition, reorganization or sale of assets.
• Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control. Examples include natural disasters, power or internet failures, outages at our service providers, labor disputes, government actions and attacks on our systems.
• Severability. If any part of these Terms is found unenforceable, that part will be enforced to the greatest extent allowed, and the rest of these Terms will stay in effect.
• No waiver. If we do not enforce a right, we have not waived it.
• Notices. We may send notices to the email address we have on file for your Account, which is usually the email of the User who created it or of the Subscriber, or through the Service. Send legal notices to us by email at [Contact email] or by mail to [Mailing address]. Email notices take effect when sent, and notices by mail take effect when delivered.
• Relationship. You and we are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship, and we do not act as your agent for any payment.
• No third-party beneficiaries. These Terms give no rights to anyone other than you and us.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation”.

Contact us

If you have questions about these Terms, you can reach us here:

• [Company legal name]
• Email: [Contact email]
• Privacy requests: [Privacy email]
• Mail: [Mailing address]
• Website: checkterminal.com