Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Pinnmark. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority, or if you do not agree with these terms, you must not use our website or services.

User Eligibility and Requirements

To use our services, you must meet the following requirements:

1. Age and Legal Capacity

You must be at least 18 years of age and have the legal capacity to enter into binding contracts. If you are accessing our services on behalf of a business entity, you must be authorized to bind that entity.

2. Business Purpose

Our services are designed for business use by construction companies, project-based organizations, and related entities. You agree to use our services solely for legitimate business purposes.

3. Accurate Information

You agree to provide accurate, current, and complete information when engaging our services. You must promptly update any information that changes during our service relationship.

4. Compliance with Laws

You represent that your use of our services complies with all applicable local, state, national, and international laws and regulations.

User Obligations and Responsibilities

Information Accuracy

You are responsible for ensuring that all financial data, documents, and information you provide to us is accurate, complete, and up to date. The quality of our services depends directly on the quality of information you provide.

You must promptly notify us of any errors or changes in the information you have provided. Failure to provide accurate information may result in inaccurate financial reporting and analysis.

Timely Communication

You agree to respond to our requests for information, clarification, or approval within reasonable timeframes. Delays in communication may affect our ability to deliver services on schedule.

Document Retention

You are responsible for maintaining your own copies of important documents, financial records, and reports. While we may retain copies as part of our service provision, you should not rely solely on our systems for document storage.

Cooperation and Good Faith

You agree to cooperate with us in good faith and provide reasonable assistance necessary for us to perform our services effectively. This includes making knowledgeable personnel available when needed.

Independent Review

You acknowledge that you are responsible for reviewing all reports, analyses, and deliverables we provide. You should not rely solely on our work without conducting your own assessment of its appropriateness for your specific circumstances.

Prohibited Activities and Conduct

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

Fraudulent Activity

Providing false, misleading, or fraudulent information, or using our services to facilitate any illegal or fraudulent activity.

Unauthorized Access

Attempting to access systems, data, or areas of our website or services that you are not authorized to access, or circumventing security measures.

System Interference

Interfering with or disrupting the operation of our website, services, servers, or networks, or disobeying any requirements, procedures, policies, or regulations.

Data Mining and Scraping

Using automated tools, scripts, or bots to extract data from our website or services without our explicit written permission.

Intellectual Property Infringement

Copying, reproducing, distributing, or creating derivative works from our proprietary materials without authorization.

Harmful Content

Transmitting viruses, malware, or any other malicious code, or engaging in any activity that could harm our systems or other users.

Competitive Use

Using our services to develop competing products or services, or to conduct competitive research or analysis.

Service Standards and Professional Conduct

Pinnmark commits to providing services in accordance with professional accounting standards. However, you acknowledge and agree that:

Our services are based on the information and instructions you provide

We are not auditors and do not provide audit services unless specifically engaged to do so

Our reports and analyses represent our professional opinion based on available information

We do not provide legal, tax planning, or investment advice unless specifically engaged for such services

You remain ultimately responsible for your business decisions and compliance obligations

Professional standards may evolve, and our practices will adapt accordingly

Privacy and Data Protection Obligations

Both parties have obligations regarding the handling of personal and confidential information:

Your Privacy Obligations

If you provide us with personal data about third parties (such as employees or contractors), you represent that you have the legal right to share that information and that you have provided appropriate privacy notices to those individuals.

Our Privacy Practices

We handle your data in accordance with our Privacy Policy and applicable data protection laws. You agree to comply with any reasonable requests we make to fulfill our data protection obligations.

Data Security

Both parties agree to implement appropriate security measures to protect confidential information from unauthorized access, disclosure, or use.

Disclaimers and Warranties

Service Disclaimer

Our services and website are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties of accuracy, completeness, or reliability of information
Warranties of uninterrupted or error-free service
Warranties that defects will be corrected

No Guarantee of Results

We do not guarantee any specific results, outcomes, or financial improvements from our services. Business success depends on many factors beyond our control, and past performance does not guarantee future results.

Third-Party Services

We may integrate with or reference third-party services or software. We make no warranties regarding third-party services and are not responsible for their performance, availability, or accuracy.

Limitation of Liability

To the maximum extent permitted by applicable law:

Exclusion of Consequential Damages

Pinnmark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, even if we have been advised of the possibility of such damages.

Cap on Direct Damages

Our total aggregate liability for all claims arising from or related to our services shall not exceed the total fees paid by you to Pinnmark during the twelve months immediately preceding the event giving rise to the claim.

Exceptions

These limitations do not apply to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you in full.

Indemnification

You agree to indemnify, defend, and hold harmless Pinnmark, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

Your breach of these Terms and Conditions
Your violation of any law or regulation
Your violation of any rights of a third party
Any inaccurate or fraudulent information you provide
Your business operations or decisions made based on our services
Your failure to comply with tax, employment, or other legal obligations
Claims by your employees, contractors, or clients related to our services

This indemnification obligation survives the termination of our service relationship.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:

Natural disasters or extreme weather

Acts of war or terrorism

Government actions or regulations

Internet or telecommunications failures

Pandemics or public health emergencies

Labor disputes or strikes

If a force majeure event continues for more than 30 days, either party may terminate the affected services with written notice.

Dispute Resolution

Good Faith Negotiation

In the event of any dispute arising from these Terms and Conditions or our services, both parties agree to first attempt to resolve the matter through good faith negotiations.

Mediation

If negotiation does not resolve the dispute within 30 days, the parties agree to attempt resolution through mediation before pursuing litigation or arbitration.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by applicable laws. Any legal proceedings shall be conducted in courts of appropriate jurisdiction, and both parties consent to such jurisdiction.

Class Action Waiver

To the extent permitted by law, both parties agree that disputes must be resolved on an individual basis and not as part of a class action or collective proceeding.

Termination

Either party may terminate the service relationship under the following circumstances:

Termination for Convenience

Either party may terminate services with appropriate advance notice as specified in the service agreement.

Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches these terms and fails to cure such breach within 15 days of receiving notice.

Effect of Termination

Upon termination, you remain responsible for all fees incurred through the termination date. We will provide you with copies of your records as agreed, and both parties must return or destroy confidential information belonging to the other party.

Survival

Provisions regarding confidentiality, indemnification, limitation of liability, and dispute resolution survive termination.

General Provisions

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Pinnmark regarding the subject matter herein.

Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary.

No Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations with notice to you.

Notices

All notices required under these terms must be in writing and delivered via email or mail to the addresses provided during service engagement.

Amendments

We may modify these Terms and Conditions with notice to you. Material changes will be communicated, and the effective date will be updated.