Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the services provided by Pinstripe Business Services LLC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of our services. These Terms apply to all users of our services, including without limitation users who are browsers, customers, merchants, contributors, and/or suppliers.

2. Description of Services

2.1 Professional Services Offered

Pinstripe Business Services LLC provides comprehensive business support services, including but not limited to:

• Bookkeeping Services: QuickBooks Online setup, maintenance, financial reporting, and reconciliation
• Business Consulting: Strategic planning, operations improvement, and business analysis
• Process Automation: Workflow optimization, system integration, and efficiency improvements
• Web Design and Development: Custom website creation, e-commerce solutions, and digital presence management
• Additional Services: As agreed upon in separate service agreements or statements of work

2.2 Service Limitations and Disclaimers

• We are not licensed Certified Public Accountants (CPAs) unless specifically stated in writing
• Tax preparation and tax advice services require engagement with qualified tax professionals
• Results, timelines, and outcomes may vary based on business complexity, client cooperation, and external factors
• All financial recommendations must be reviewed with your qualified tax advisor or CPA
• We do not provide legal advice and recommend consulting with qualified legal counsel for legal matters

3. Intellectual Property Rights

3.1 Company Intellectual Property

All content, materials, methods, processes, software, designs, trademarks, service marks, copyrights, and other intellectual property created, developed, or used by the Company remain the exclusive property of Pinstripe Business Services LLC. This includes but is not limited to:

• Proprietary business methodologies and frameworks
• Software applications, tools, and automation systems
• Website designs, templates, and custom development work
• Training materials, documentation, and processes
• The Pinstripe Services brand, logo, and associated materials

3.2 Client Data and Materials

You retain ownership of all data, financial information, and materials you provide to us. By engaging our services, you grant us a limited, non-exclusive license to use your data solely for the purpose of providing agreed-upon services. We will not use your proprietary information for any other purpose without explicit written consent.

3.3 Work Product Ownership

Custom work products created specifically for your business (such as custom websites, branded materials, or client-specific automation) will be owned by you upon full payment. However, underlying methodologies, frameworks, and general processes remain our intellectual property.

4. User Obligations and Prohibited Uses

4.1 Client Responsibilities

To ensure quality service delivery and maintain our professional relationship, you agree to:

• Provide accurate, complete, and timely financial information and business data
• Maintain organized records and documentation as reasonably requested
• Respond to information requests within agreed timeframes (typically 72 hours for standard requests)
• Review all deliverables promptly and provide constructive feedback
• Maintain confidentiality of any proprietary methods, systems, or processes shared
• Pay all fees according to the agreed payment schedule
• Notify us immediately of any changes that may affect service delivery

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Reverse engineer, copy, or redistribute our proprietary methods or software
• Use our services for any illegal or unauthorized purpose
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or client data
• Share login credentials or account access with unauthorized parties
• Use our services to compete directly with our business offerings
• Violate any applicable federal, state, or local laws or regulations

5. Payment Terms and Billing

5.1 Payment Schedule and Methods

• Monthly Services: Billed in advance on the same date each month via automatic payment
• Project-Based Work: 50% deposit required before work commences, remainder due upon completion
• Consulting Services: Billed according to agreed hourly rates or project milestones
• Payment Methods: Credit card, ACH transfer, or other approved payment methods

5.2 Late Payments and Collections

• Payment is due within 30 days of invoice date unless otherwise specified
• Late fees of 1.5% per month (18% annually) apply to overdue balances
• Services may be suspended after 10 days of non-payment
• Account termination may occur after 30 days of non-payment
• You are responsible for all collection costs, including reasonable attorney fees

5.3 Refund Policy

Refunds are considered on a case-by-case basis within 30 days of service commencement. Monthly service fees are non-refundable after services have been provided. Project-based work refunds are subject to work completed and expenses incurred. All refund requests must be submitted in writing with detailed justification.

6. Limitation of Liability and Indemnification

6.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINSTRIPE BUSINESS SERVICES LLC'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 Professional Disclaimer

Our services are provided on a professional basis, but we make no guarantees regarding specific outcomes, timelines, or results. You acknowledge that business success depends on multiple factors beyond our control. You are responsible for reviewing all work product and making final business decisions based on your own judgment and consultation with appropriate professional advisors.

6.3 Indemnification

You agree to indemnify, defend, and hold harmless Pinstripe Business Services LLC, its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising from your use of our services, violation of these Terms, or violation of any rights of a third party.

7. Confidentiality and Data Protection

7.1 Mutual Confidentiality

We maintain strict confidentiality regarding all client information, financial data, business operations, and strategic plans. This confidentiality obligation extends indefinitely beyond the termination of our service relationship. Similarly, you agree to maintain confidentiality regarding our proprietary methods, processes, and business information.

7.2 Data Security

We implement industry-standard security measures to protect your information, including SSL encryption, secure cloud storage, access controls, and regular security audits. However, you acknowledge that no security system is impenetrable and we cannot guarantee absolute security.

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide consistent, reliable service but cannot guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We will provide reasonable notice of planned maintenance when possible.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with 30 days' written notice. We may also update these Terms periodically, with material changes requiring explicit acceptance or continued use constituting acceptance.

9. Account Management and Termination

9.1 Account Responsibilities

• You are responsible for maintaining the security of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Ensure all account information remains current and accurate
• You are liable for all activities that occur under your account

9.2 Termination Rights

Either party may terminate services with 30 days' written notice. We may terminate immediately for cause, including non-payment, breach of these Terms, or illegal activities. Upon termination:

• We will provide final deliverables and transfer all client data
• Outstanding invoices remain due and payable
• Access to our systems and services will be revoked
• Confidentiality obligations survive termination indefinitely

10. Dispute Resolution and Governing Law

10.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in New York, New York.

10.2 Dispute Resolution Process

Before pursuing formal legal action, parties agree to attempt resolution through:

1. Direct negotiation between the parties for 30 days
2. Mediation through a mutually agreed mediator for 60 days
3. Binding arbitration under the American Arbitration Association rules if litigation would exceed $25,000

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between the parties and supersede all prior agreements, representations, or understandings.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

11.3 Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms due to causes beyond their reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government regulations.

11.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

12. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service, please contact: