Zoho Start - Terms of Service

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") AND ZOHO BUSINESS SERVICES INC.(HEREINAFTER "ZOHO") GOVERNING YOUR USE OF ZOHO START SERVICES. YOUR USE OF ZOHO START SERVICES SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PROCEED OR USE ZOHO START SERVICES IN ANY MANNER.

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you are accepting this Agreement on behalf of a company or a legal entity, you represent that you have the legal authority to bind the company or the legal entity to this Agreement. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually availing Zoho Start Services.

Description of the Service

Zoho Start provides an online platform for entrepreneurs to formalise their businesses by assisting them in the incorporation of business entities and EIN registration. Zoho Start may also provide a host of other ancillary services that help businesses with their compliance obligations and management of their business entities ("Zoho Start Services").

Zoho Start Application

You will be able to avail Zoho Start Services through Zoho Start's cloud software ("Zoho Start Application"). Zoho Start Application provides you the user interface to (i) provide us information and/or documents required for availing Zoho Start Services; (ii) track the status of the applications filed with the concerned government or regulatory authorities; and (iii) receive and manage documents uploaded by Zoho in connection with your use of Zoho Start Services.

Zoho Start Application is a part of Zoho’s suite of online collaboration, business and productivity applications (hereafter "Zoho Services" or "Services").You will be able to access Zoho Start Application by using your common account for all Zoho Services (hereinafter “Zoho Account”) and the access and use of Zoho Start Application is governed by Zoho General Terms of Service..

Your Relationship with Zoho

You understand that, (i) Zoho does not engage in the practice of offering legal, financial, accounting or any other professional advice; (ii) services offered through Zoho Start can neither constitute nor be treated as a substitute for any professional advice; and (iii) your use of Zoho Start Services does not exempt you from your independent obligation to comply with applicable laws and regulations. By offering Zoho Start Services, (i) no professional relationship is created with Zoho; (ii) no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from your use of Zoho Start Services; and (iii) Zoho does not provide any legal advice, explanation, opinion or recommendation about your possible legal rights, remedies, defenses, options, selection of forums or strategies.

Beta Service

We may offer certain Zoho Start Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services for general availability. You will be under no obligation to avail any paid Zoho Start Service as a result of your availing of any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Zoho will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Fees and Payments

While certain Zoho Start Services are subject to payment of a one-time fee, payment for certain other Zoho Start Services are recurrent in nature. The fees charged for Zoho Start Services include applicable state filing fees which are subject to changes based on the requirements of each state. Additional fees may apply with respect to modifications or changes in your request or instruction.

Payment for Zoho Start Services can be made through Credit Card or other online payment methods supported by Zoho. Certain payment methods may require additional authentication such as one time password (OTP) and you will be required to provide such authentication for successful completion of the payment transaction. For those Zoho Start Services for which payment is recurrent in nature, the services will be automatically renewed at the end of the applicable payment cycle unless you inform us that you do not wish to continue using our services. At the time of automatic renewal, the service fee will be charged to the payment method last used by you. If there is a failure of renewal transaction due to any reason whatsoever, Zoho will promptly notify you and will subsequently send a few reminders to remind you about your payment obligation. You will not be entitled for refund of fees that has already been used up in connection with provisioning of Zoho Start Services.

In the event any tax such as GST, VAT, sales tax or the like is chargeable by Zoho in accordance with any local, state, provincial or foreign laws with respect to the Zoho Start Services that you avail ("Taxes"), Zoho will invoice you for such Taxes. You agree to pay Zoho such Taxes in addition to the subscription fees. Zoho shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws which may be used by you to avail the applicable input tax credit for the Taxes so paid.

Business Formation and Incorporation Service

Post-Formation Maintenance

You understand and agree that you will be solely responsible for the post - formation maintenance of your incorporated entity, including but not limited to timely reporting, filling and maintenance of any documentation required for ensuring compliance with any legal, tax or other applicable federal, state or local government agencies' requirements. You further understand that it is your sole responsibility to comply with all applicable local, state, federal or international laws.

Incorporation of Business Entity

You acknowledge and agree that by offering the Business Formation and Incorporation Service, Zoho is merely acting as an intermediary in assisting you with the incorporation process and making necessary fillings on your behalf before the concerned State. You further understand and agree that, (i) the incorporation of your entity is dependent on various factors that are beyond the control of Zoho; (ii) Zoho reserves the right to reject your incorporation application for reasons including but not limited to insufficient or incorrect information/ documents, or if Zoho has reasons to believe that your business is illegal; and (iii) Zoho shall not be held liable in the event of failure of incorporation of your entity for reasons not attributable to Zoho.

In cases where incorporation of your business entity is not successfully completed within one year from your initial request for incorporation through Zoho Start Services, you understand that we reserve the right to delete the data that you have provided in connection with your use of Zoho Start Services.

FinCEN Identifier

Financial Crimes Enforcement Network (FinCEN), a bureau of the US Department of the Treasury, require entities registered in United States ("Reporting Companies") to disclose Beneficial Ownership Information (BOI) to the US Department of Treasury ("BOI Reporting"). As part of the BOI Reporting, the Reporting Company is required to provide information about the person responsible for filing the incorporation documents with the applicable Secretary of State or other designated authority.

If you have registered your entity in the US through the Business Formation and Incorporation Service offered by Zoho Start, Zoho will disclose the FinCEN Identifier of our designated employee responsible for filing your documents with the Secretary of State or other designated authority, to facilitate your BOI Reporting.

By obtaining the FinCEN Identifier, you acknowledge that the FinCEN Identifier is provided solely for enabling your compliance with BOI Reporting and you undertake not to use the FinCEN Identifier for any purpose other than your BOI Reporting obligations.

Refund for Cancellation

In the event you cancel your Business Formation and Incorporation Service, you understand and agree that Zoho will refund that portion of the service fee that was charged as compensation for the services rendered, provided the cancellation is done before Zoho files the incorporation documentation with the concerned Secretary of State or within 7 days from the date of payment of service fee, whichever is earlier. You further understand and agree that Zoho will not be able to refund the applicable state filling fee that has been paid to the concerned Secretary of State.

Customer Responsibilities

You will be solely responsible for (i) promptly providing all necessary documents and information to Zoho; (ii) the accuracy, integrity, legality, reliability, completeness and appropriateness of the documents and information provided to Zoho; (iii) promptly informing Zoho about any changes in the information that had been given to Zoho; and (iv) promptly responding to Zoho's requests for additional information and documents necessary for providing Zoho Start Services. You understand and agree that your timely response to Zoho's request for information and documents is critical for providing Zoho Start Services. You further understand and agree that your delay in responding to Zoho's requests may result in delay in provisioning of Zoho Start Services and may attract additional processing fees.

Authorisation to Zoho

By availing the Zoho Start Services, you authorise Zoho to (i) use, distribute, reproduce, modify or publish the information that you provide; (ii) use/affix your electronic signature while filing documents with government and other regulatory authorities on your behalf; and (iii) communicate with government and other regulatory authorities on your behalf, in the course of providing Zoho Start Services.

Lawful Purpose for Using the Service

By using Zoho Start Services, you agree that you will not (i) commit fraud or other illegal act or crime; (ii) misrepresent, misstate or falsify information in the legal documentation; or (iii) use Zoho Start Services in an unlawful, illegal or improper manner. You understand and agree that Zoho is not obligated to verify (i) the legal or factual accuracy or correctness of the information or instructions; or (ii) your business activities, products, licenses, or tax filings. Zoho shall not be liable for any loss or damage suffered by you due to our reliance on the information, documents or instructions that you provide us in connection with your use of Zoho Start Services.

Delay in the Service

You understand and agree that Zoho Start Services may be subject to delays and other limitations associated with the government agencies and Zoho will not be liable for such delays and limitations.

Personal Information and Privacy

Information that you provide to Zoho through your use of Zoho Start Services is governed by Zoho Start Privacy Policy Your election to use the Zoho Start Application indicates your acceptance to the terms of Zoho Privacy Policy which explains Zoho's privacy practices with respect to processing of personal information in relation to your use of Zoho Start Application.

Communications from Zoho

Zoho Start Services may include certain communications from Zoho, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using Zoho Start Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person, or any government or regulatory authorities with respect to your activities as part of use of Zoho Start Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant or the concerned authorities directly within 10 days of receiving the complaint forwarded by us or within such other time period stipulated in the notice tendered by the concerned authorities, and copy Zoho in the communication. If you do not respond to the complainant or the concerned authority within 10 days from the date of our email to you or within time period stipulated in the complaint notice, we may disclose your name and contact information to the complainant or the concerned authority for enabling the complainant or the concerned authority to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit or the time period stipulated in the complaint notice will be construed as your consent to disclosure of your name and contact information by Zoho to the complainant or the concerned authority

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF ZOHO START SERVICES IS AT YOUR SOLE RISK. ZOHO START SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZOHO MAKES NO WARRANTY THAT ZOHO START SERVICES WILL MEET YOUR REQUIREMENTS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF ZOHO START SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF ZOHO START SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU AGREE THAT ZOHO SHALL, IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE ZOHO START SERVICES, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY ZOHO START SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS TOWARDS THAT PARTICULAR ZOHO START SERVICE IN CONNECTION WITH WHICH A CLAIM HAS ARISEN, WHICHEVER IS HIGHER.

Indemnification

You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used Zoho Start Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of Zoho Start Services, except where such use is authorized by Zoho.

Force Majeure

Zoho will not be liable to you or any third party for any delay or failure to perform any obligations under this Agreement, when and to the extent such delay or failure is caused by or results from acts beyond Zoho's reasonable control, including but not limited to acts of God; acts of war, hostility or sabotage; pandemic; strikes, lock-outs or other industrial disputes; acts of government; electrical, internet, or telecommunication outage that is not caused by Zoho; and natural disasters or extreme weather conditions (each a "Force Majeure Event"). Zoho shall use reasonable efforts to mitigate against the effects of such Force Majeure Event. Zoho shall notify you as soon as reasonably practicable about the Force Majeure Event and shall provide you with a good faith estimate of time to restore Zoho Start Services. If the effects of the Force Majeure Event continue for more than 30 days, you may terminate this Agreement upon prior written notice to Zoho.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed strictly in accordance with the laws of the State of Texas (excluding the rules governing conflict of laws). Any dispute arising out of or resulting from this Agreement shall be subject to the exclusive jurisdiction of courts in Texas to the exclusion of all other courts.

Suspension and Termination

Zoho may terminate or suspend your access to any Zoho Start Services in the event (i) of suspected illegal activity; (ii) Zoho in its sole discretion determines that you have violated the Agreement; (iii) Zoho receives instruction from government or other regulatory authorities to suspend or terminate your access to Zoho Start Services; or (iv) Zoho temporarily or permanently ceases offering Zoho Start Services.

Modification of Terms of Service

We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of Zoho Start Services by providing Zoho notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of Zoho Start Services. Your continued use of Zoho Start Services after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.