1. The service
figuards is a multi-tenant, cloud-hosted double-entry accounting application for businesses that sell through online marketplaces. It records transactions in a general ledger, values inventory, applies exchange rates, and produces financial and management reports. It is provided as a subscription service, not as software licensed for installation.
2. Eligibility and accounts
- The service is for business use only. You must be at least 18 years old, or the age of majority where you live, and be authorised to enter into these terms on behalf of the organisation you register.
- You are responsible for the accuracy of your account details, including billing and contact information, and for keeping them current.
- You are responsible for all activity under your account, including the actions of users you invite. Keep credentials confidential and remove users promptly when they leave your organisation.
- Tell us without delay at security@figuards.com if you believe an account has been compromised.
3. Your data and who owns it
You retain all rights to the data you put into the service and to the data retrieved on your behalf from marketplaces ("Customer Data"). We claim no ownership of it.
You grant us a limited, non-exclusive licence to host, process, transmit, display and back up Customer Data solely to provide and support the service, to secure it, and to meet legal obligations. We do not sell Customer Data, do not use it for advertising, and do not use it to train models made available to anyone other than you.
You can export your ledger, chart of accounts and reports at any time while your subscription is active. Retention and deletion after termination are described in the Privacy Policy.
You are responsible for having the right to provide the Customer Data you upload, and for complying with the laws that apply to it.
4. Marketplace connections
Bringing a marketplace account into figuards is your decision and your authorisation. When you do:
- you confirm you are the account holder or are authorised by them;
- you remain bound by that marketplace's own terms, and you must not use figuards in a way that breaches them;
- you may withdraw that authorisation at any time, which stops any further data being taken in;
- we handle the data received strictly as described in the Privacy Policy.
Marketplaces control their own platforms and interfaces. They may change, throttle, deprecate or withdraw access, and may do so without notice to us. We are not liable for a marketplace's decisions or for interruptions caused by them, but we will tell you when a marketplace is affected and, where a marketplace permanently withdraws access, you may cancel and receive a pro-rata refund for the unused portion of a prepaid term attributable to that marketplace.
5. Subscriptions, prices and payment
- Subscriptions are billed in advance, monthly or annually, in the currency shown at checkout, and renew automatically until cancelled.
- Prices are exclusive of taxes. You are responsible for any applicable value-added, sales, withholding or similar taxes.
- If a payment fails we may retry it and will notify you. If it remains unpaid we may suspend access after giving you reasonable notice.
- We may change prices. A change affecting an existing subscription takes effect no earlier than 30 days after we notify you, and never before the end of a term you have already paid for. If you do not accept a price change you may cancel before it takes effect.
- Fees already paid are non-refundable except where these terms expressly say otherwise or applicable consumer law requires a refund.
6. Free trial
We offer a 30-day free trial, without a payment card, for organisations that have not previously trialled the service. At the end of the trial your account reverts to read-only unless you subscribe; nothing is charged automatically. Trial data is retained for 90 days after the trial ends so you can subscribe and continue, after which it is deleted.
7. Changes to plans and limits
Each plan has limits on legal entities, orders per month and users. If you exceed a limit we will notify you and, where necessary, ask you to move to a higher plan. We do not upgrade your plan or charge you automatically for exceeding a limit. You may upgrade at any time, pro-rated for the remainder of the term; a downgrade takes effect at the start of the next billing period. Changing plan does not delete your data, although a downgrade may make some features or entities inaccessible until you upgrade again.
We may add, change or discontinue features. If we discontinue a feature you materially rely on, we will give you at least 60 days' notice and, if you cancel for that reason, refund the unused portion of a prepaid term.
8. Acceptable use
You must not:
- use the service unlawfully, or to record or facilitate fraudulent, deceptive or misleading accounting;
- attempt to gain access to another customer's tenant, data or account;
- probe, scan, penetration-test or overload the service without our prior written consent;
- copy, resell, sublicense or provide the service to third parties as your own product, or build a competing service from it;
- reverse engineer, decompile or attempt to extract source code, except to the extent that applicable law expressly permits it;
- upload malware, or content that infringes intellectual property or privacy rights;
- scrape the service, or use automated means to access it other than through interfaces we provide;
- circumvent plan limits, usage limits or access controls.
We may investigate suspected breaches and take proportionate action, including suspending the account concerned.
9. Intellectual property
The service, including its software, interface, database schema, documentation, the figuards name and the figuards logo, is owned by us and protected by intellectual property law. These terms grant you a limited, non-exclusive, non-transferable right to use the service during your subscription, and nothing more. Feedback you send us may be used to improve the service without obligation to you, and gives us no rights in your Customer Data.
10. Availability and support
We aim for high availability but do not promise uninterrupted service on standard plans. Planned maintenance is announced in advance where practicable. Support is provided by email during business hours; Scale and Enterprise plans receive priority handling, and Enterprise customers may agree a separate service-level agreement, which prevails over this section for those customers.
11. Not accounting or tax advice
figuards is a tool. It applies the chart of accounts, posting rules, valuation settings and periods that you configure. We do not provide accounting, audit, legal or tax advice, and outputs of the service are not a substitute for professional judgement. You remain responsible for the correctness of your books, for your statutory filings, and for reviewing what the service produces before relying on it.
12. Third-party services
The service integrates with third parties, including marketplaces, a payment processor and an email provider. Your use of those services is governed by their terms. We are not responsible for their acts, omissions, availability or content.
13. Disclaimer of warranties
To the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that it will produce results that satisfy any particular accounting standard or regulator. Nothing in these terms excludes a warranty that cannot lawfully be excluded.
14. Limitation of liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost goodwill, or the cost of substitute services, even if advised of the possibility;
- our total aggregate liability arising out of or relating to the service, whether in contract, tort or otherwise, is limited to the fees you paid us in the 12 months immediately before the event giving rise to the claim;
- you are responsible for maintaining your own exports and records; our liability for loss or corruption of Customer Data is limited to using reasonable efforts to restore it from our most recent backup.
These limits do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or to any other liability that cannot lawfully be limited.
15. Indemnification
You will defend and indemnify us against third-party claims, and reasonable costs and damages awarded, arising from your breach of these terms, your unlawful use of the service, your Customer Data, or your breach of a marketplace's terms. We will notify you promptly of any such claim and allow you to control the defence, provided any settlement that imposes obligations on us has our written consent.
16. Suspension and termination
- By you — you may cancel at any time from the application or by emailing us. Cancellation takes effect at the end of the current billing period; the service remains available until then.
- By us for cause — we may suspend or terminate if you materially breach these terms, if payment remains overdue after notice, or if your use presents a security or legal risk. Except where the risk requires immediate action, we give you notice and a reasonable opportunity to cure.
- By us without cause — we may discontinue the service on 90 days' notice, and will refund the unused portion of any prepaid term.
- On termination — your right to access the service ends. Export your data before the end of your final period; after that, retention follows the schedule in the Privacy Policy. Sections 3, 9, 11, 13, 14, 15, 18 and 19 survive termination.
17. Changes to these terms
We may amend these terms. We will notify you of material changes by email or in the application at least 30 days before they take effect. If you do not accept a change, cancel before it takes effect; continuing to use the service afterwards means you accept the amended terms.
18. Governing law and disputes
These terms are governed by the laws of the Socialist Republic of Vietnam, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute in good faith within 30 days of written notice. If they cannot, the dispute will be submitted to the exclusive jurisdiction of the competent People's Court of Hanoi, Vietnam, being the court having jurisdiction over the Company's registered head office. Nothing prevents either party from seeking urgent injunctive relief where necessary to protect its rights.
The service is supplied for business use only (section 2). Nothing in this section removes a right that mandatory law in your own country gives you and that cannot be contracted out of.
19. General
- Entire agreement — these terms, together with the Privacy Policy and any order form or service-level agreement we sign with you, are the whole agreement between us on this subject and supersede earlier discussions.
- Order of precedence — a signed order form or service-level agreement prevails over these terms to the extent of any conflict.
- No waiver — not enforcing a right is not a waiver of it.
- Severability — if a provision is unenforceable, the rest remains in force and the provision is read down to the minimum extent necessary.
- Assignment — you may not assign these terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets.
- Force majeure — neither party is liable for delay or failure caused by events beyond its reasonable control.
- Notices — we send notices to your account email address; you send notices to the address in section 20.
20. Contact
Figuards Joint Stock Company
No. 11, Lane 3, Alley 5, Den Ve Street,
Bac Lam 9 Residential Group, Phu Luong Ward,
Hanoi, Vietnam
(In Vietnamese: Số 11, ngõ 3, ngách 5, đường Đền Vẽ, tổ dân phố Bắc Lãm 9, Phường Phú Lương, Thành phố Hà Nội, Việt Nam)
Enterprise registration / tax code: 0111608435
General enquiries: support@figuards.com
Security reports: security@figuards.com