A summary, not a substitute for the terms below: your data is yours and you can export it at any time; Books Machine is a record-keeping tool, not accounting or tax advice; and the service is free during the beta, with notice before that changes.
1. The agreement
These terms are an agreement between you and Halide Works, a trade name of David Torcivia LLC, a New York limited liability company ("Halide Works", "we", "us"), for the use of Books Machine, including booksmachine.com, app.booksmachine.com, the API and the assistant connection (the "Service"). If you use the Service for a business, you agree on behalf of that business and confirm you have authority to do so; "you" then means the business. You must be at least 18. Our Privacy Policy, Acceptable Use Policy and Data Processing Addendum form part of these terms.
2. The beta
Books Machine is in an invite-only beta. Beta workspaces are free until the beta ends. During the beta, features may change, arrive or be withdrawn, and the Service may be less stable than a finished product. Before the beta ends we will give you at least 30 days' notice by email and publish our prices. You will not be charged unless you choose a paid plan.
3. Accounts
Give accurate information and keep it current. You are responsible for what happens under your account and in workspaces you own, including the actions of people you invite and of assistants or integrations you connect with an API key. Protect your credentials, use a passkey or authenticator where you can, and tell us promptly at legal@booksmachine.com if you suspect unauthorized access. Invite codes are personal and may not be sold.
4. Your data
You own the content you and your team put into the Service ("Customer Data"). You grant us the limited right to host, copy, process and display Customer Data only as needed to provide, secure and support the Service for you, and as described in the Data Processing Addendum. We do not sell Customer Data, use it for advertising, or use it to train machine-learning models.
Our staff cannot open the contents of your workspace unless a workspace owner grants support access. The only exceptions are when we are legally compelled, or when we must act to stop an active threat to the security of the Service. In those cases we will tell you, unless the law forbids it.
You are responsible for having the right to put Customer Data into the Service, including any personal information about your clients, vendors and staff, and for the lawfulness of the messages the Service sends on your behalf. Emails you send to your clients through Books Machine are your communications, sent in your name.
5. Using the Service
Use the Service lawfully and in line with the Acceptable Use Policy. We may suspend access, after notice where practical, if your use breaks these terms, puts others at risk or exposes us to legal liability. We will lift a suspension once the problem is resolved.
6. Services you connect
Some features work through accounts you hold with other companies. Card payments from your clients run through your own Stripe account under your agreement with Stripe. We never hold your funds and are not a party to payments between you and your clients. Email you send through your own provider is governed by your agreement with them. An AI assistant you connect with a workspace key is your own service: it acts with the permissions of that key, what it reads and writes is governed by your agreement with its provider, and you are responsible for what it does in your workspace. Actions that move money still require your approval. We are not responsible for services we do not operate. We will make reasonable efforts to keep integrations working as those services change.
7. Plans, fees and limits
Plans and their limits are described on our pricing page. Every plan allows an unlimited number of invoices. The Free plan may send 25 emails a day and includes a small Books Machine credit on those emails. Paid plans may send email without a daily limit through your own sending account; mail sent through our shared sending service is subject to reasonable limits that protect its deliverability.
Paid subscriptions are sold by Polar, which is the merchant of record. Polar handles checkout, invoices, sales tax and refunds under its own terms. Subscriptions renew automatically until cancelled; you can cancel at any time from billing settings, and the plan remains in effect until the end of the period you paid for. We will give at least 30 days' notice of a price increase, which applies from your next renewal.
If you move to a plan with lower limits, nothing you have already created is removed; new items beyond the lower limit will not be allowed until you are within it.
8. Not professional advice
Books Machine is a tool for keeping records. It does not provide accounting, tax, legal or financial advice, and its reports, exchange rates, receipt suggestions and calculations are not a substitute for a qualified professional. You remain responsible for your books, your tax filings and your compliance with the law. Review what the Service produces before relying on it, especially extracted receipt data and anything drafted by an assistant.
9. Availability and backups
We work to keep the Service available and your data safe, and offer daily backups, CSV exports and portable exports of your records. Receipt and document files are downloaded separately. We do not promise uninterrupted service during the beta. Keep your own export of records you cannot afford to lose.
10. Our property
The Service, its software, design and the Books Machine name and marks belong to us or our licensors. These terms give you a right to use the Service, not ownership of it. If you send us suggestions, we may use them without obligation to you.
11. Ending the agreement
You can stop using the Service and delete your account or workspaces at any time. We may end these terms for a serious or repeated breach, or if we stop offering the Service, in which case we will give you at least 60 days' notice and a way to export your data, and refund any prepaid fees for the unused period. After a workspace is deleted, its data is kept for a 14-day recovery period and then permanently deleted, as described in the Privacy Policy. Sections 4, 8 and 10 through 17 survive the end of this agreement.
12. Disclaimers
Except as expressly stated in these terms, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free or that its output will be accurate.
13. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising out of these terms is limited to the greater of the amounts you paid for the Service in the 12 months before the claim and 100 US dollars. These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.
14. Indemnity
You will defend and indemnify us against third-party claims arising from Customer Data, the messages you send through the Service, or your breach of these terms or the law, and pay resulting damages and reasonable costs finally awarded or agreed in settlement. We will promptly notify you of any such claim and let you control its defense.
15. Governing law
These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. The state and federal courts located in New York County, New York have exclusive jurisdiction, and both parties consent to them. Nothing here limits rights you have under the mandatory consumer laws of the place you live.
16. Changes
We may update these terms. For material changes we will email account holders and post a notice in the application at least 30 days before they take effect. If you do not agree, you may stop using the Service before then; continuing after the effective date means you accept the new terms.
17. General
These terms, with the documents they reference, are the entire agreement between us about the Service. If a provision is unenforceable, the rest remains in effect. Failing to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign them to a successor to our business with notice to you. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you go to your account email; notices to us go to legal@booksmachine.com.
Contact
Legal questions: legal@booksmachine.com.
Everything else: hello@booksmachine.com.
Halide Works, New York.