Terms of Service
End User License Agreement and Terms of Service governing use of the Kueffer Capital website and software.
1. Agreement to these Terms
These Terms of Service (together with any product-specific terms we make available, the "Terms") form a legally binding agreement between you and Kueffer Capital, Inc., a Florida corporation ("Kueffer Capital," "we," "us," or "our"), governing your access to and use of our website at kueffercapital.com, any software application we publish that links to these Terms, and any related services we provide (collectively, the "Services"). By using the Services you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.
If you do not agree to these Terms, do not use the Services.
2. License grant
Subject to your continued compliance with these Terms, Kueffer Capital grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business or personal use. The Services are licensed, not sold; we and our licensors retain all rights not expressly granted.
3. Accounts and authorization
Some features require you to authenticate with a third-party platform (for example, Intuit QuickBooks) or to provide credentials. You are responsible for maintaining the confidentiality of any credentials you use, for all activities that occur under your account, and for the accuracy of the information you provide. Notify us promptly at walter@kueffercapital.com of any suspected unauthorized use.
4. Acceptable use
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except to the extent that applicable law expressly permits despite this limitation.
- Modify, adapt, or create derivative works of the Services.
- Resell, sublicense, lease, or otherwise commercially exploit the Services without our prior written consent.
- Use the Services to transmit malware, spam, or otherwise unlawful, infringing, defamatory, or harmful content.
- Probe, scan, or test the vulnerability of the Services or breach any security or authentication measures, except via responsible coordinated disclosure to walter@kueffercapital.com.
- Interfere with or disrupt the Services, the servers or networks that provide the Services, or any third-party platform connected through the Services.
- Use the Services in violation of applicable law or any third-party rights.
5. Your content and data
You retain ownership of any data, files, or content that you submit to the Services or that we access on your behalf through an authorized integration ("Your Content"). You grant Kueffer Capital a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and process Your Content solely as necessary to provide the Services to you and to comply with law. We do not claim ownership of Your Content, and we do not use it for advertising or to train machine-learning models that are not directly providing the Services to you.
6. Third-party platforms (Intuit QuickBooks specifically)
The Services may integrate with third-party platforms — most notably Intuit QuickBooks — under terms set by those platforms. Your use of those platforms is governed by their own terms and privacy policies, which you must accept directly with the platform. Kueffer Capital is not responsible for third-party platforms or their availability, accuracy, or terms. You authorize Kueffer Capital to access third-party platforms only in the scopes you grant, and only as necessary to provide the integration you requested. You can revoke access at any time from the platform's account settings; doing so may end the integration.
7. Intellectual property
The Services, including all software, designs, text, graphics, logos, and other content (excluding Your Content), are the property of Kueffer Capital or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. "Kueffer Capital" and the Kueffer Capital logo are trademarks of Kueffer Capital, Inc. You are not granted any right to use our trademarks without our prior written consent.
8. Fees
The marketing website and any free-tier integrations are provided at no charge. If we offer paid features, the applicable fees, billing terms, and refund policy will be presented to you at the point of purchase and will be incorporated into these Terms by reference.
9. Privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
10. Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KUEFFER CAPITAL DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LOST OR ALTERED.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KUEFFER CAPITAL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF KUEFFER CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KUEFFER CAPITAL'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO KUEFFER CAPITAL FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Kueffer Capital and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services in violation of these Terms or applicable law; (b) Your Content; or (c) your violation of any third-party right.
13. Term and termination
These Terms remain in effect while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access to the Services, in whole or in part, immediately and without notice, if we reasonably believe you have violated these Terms or if continued provision of the Services would expose us to legal or operational risk. Upon termination, sections that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive.
14. Modifications
We may revise these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. If we make material changes, we will provide reasonable advance notice through the Services or by email when practicable. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the changes.
15. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The exclusive venue for any action or proceeding arising out of or relating to these Terms or the Services will be the state or federal courts located in Hillsborough County, Florida, and you and Kueffer Capital consent to the personal jurisdiction of those courts. To the maximum extent permitted by law, you and Kueffer Capital waive any right to a jury trial.
16. Miscellaneous
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. These Terms, together with the Privacy Policy and any product-specific terms, are the entire agreement between you and Kueffer Capital regarding the Services.
17. Contact
Questions about these Terms can be sent to:
Kueffer Capital, Inc.
Florida, United States
walter@kueffercapital.com