1. Our Services
CountingWorks provides technology and services for tax, accounting, and other professional firms.
Depending on the product, subscription, configuration, or feature, the Services may include:
- websites and digital marketing tools;
- client portals and ClientHub functionality;
- communications and email tools;
- scheduling and workflow tools;
- intake, proposals, electronic signatures, and payment functionality;
- client and prospect management;
- reviews and reputation tools;
- educational and professional content;
- MAX artificial intelligence and client intelligence;
- AI-powered Skills and automated workflows;
- integrations and Connected Services;
- Model Context Protocol ("MCP") connections;
- analytics, reporting, and insights; and
- other functionality made available by CountingWorks.
Features, availability, usage limits, integrations, and functionality may vary by subscription, product, account, location, or other factors.
2. Accounts and Authorized Users
Certain Services require an account.
You are responsible for:
- providing accurate account information;
- maintaining the confidentiality of account credentials;
- maintaining appropriate access permissions;
- activity conducted through your account;
- promptly removing access for users who should no longer have it; and
- notifying CountingWorks of suspected unauthorized access.
You may not share credentials in a manner that circumvents user, seat, subscription, or usage limitations.
3. Customer Content and Data
You may provide files, documents, communications, contacts, client information, prospect information, financial information, tax information, prompts, instructions, and other content through the Services ("Customer Content").
As between you and CountingWorks, you retain your rights in Customer Content.
You grant CountingWorks and its service providers a limited right to host, store, copy, transmit, retrieve, index, analyze, process, display, transform, and otherwise use Customer Content as reasonably necessary to provide, secure, maintain, support, and improve the Services in accordance with applicable agreements and law.
You represent and warrant that you have the rights, permissions, authority, notices, and consents necessary to provide Customer Content to CountingWorks and authorize its processing through the Services.
You remain responsible for Customer Content and for determining whether your use of the Services is appropriate for the information involved.
4. MAX and Artificial Intelligence
Certain Services use artificial intelligence, machine learning, retrieval systems, large language models, automated workflows, or similar technologies.
MAX and other AI-powered functionality may:
- analyze Customer Content;
- retrieve and contextualize information;
- index information for authorized retrieval;
- summarize documents or communications;
- identify patterns or potential opportunities;
- generate recommendations;
- draft content;
- answer questions;
- assist with research;
- perform or assist with workflows; and
- interact with authorized Connected Services.
AI-generated information can be inaccurate, incomplete, outdated, misleading, or inappropriate for a particular situation.
You are responsible for evaluating AI-generated outputs before relying upon them, communicating them to clients, submitting them to government agencies, or using them to make professional, financial, tax, legal, employment, or other significant decisions.
MAX is designed to assist professionals, not replace professional judgment.
Additional information about how MAX processes information is available in our MAX AI & Data Use Notice.
5. AI Skills, Agents, and Automated Actions
CountingWorks may provide AI Skills, agents, autonomous or semi-autonomous workflows, or other features capable of performing tasks on behalf of users.
Depending on the permissions granted, these features may retrieve information, analyze records, prepare drafts, organize data, initiate workflows, interact with Connected Services, or take other actions.
You are responsible for:
- selecting which automated capabilities to enable;
- reviewing the permissions granted;
- providing appropriate instructions;
- reviewing outputs and actions where appropriate;
- maintaining human oversight appropriate to the task; and
- determining whether an automated action is appropriate for your professional, legal, ethical, and contractual obligations.
CountingWorks may implement approval requirements, confidence thresholds, permission controls, safeguards, or other mechanisms for certain automated actions.
The existence of such safeguards does not eliminate your responsibility for the use of automated functionality within your account.
6. Connected Services, Integrations, and MCPs
The Services may allow you to connect MAX or other CountingWorks functionality to third-party applications, APIs, platforms, data sources, or Model Context Protocol ("MCP") servers ("Connected Services").
By enabling a Connected Service, you authorize CountingWorks to exchange and process information through that connection according to the permissions you grant.
You are responsible for understanding:
- what information the Connected Service can access;
- what information CountingWorks or MAX can retrieve through the connection;
- what actions the connection permits;
- whether you have authority to provide that access;
- the permissions or scopes granted; and
- the third party's applicable terms, privacy practices, security practices, and data-use policies.
Third-party Connected Services are not controlled by CountingWorks.
CountingWorks is not responsible for the availability, security, accuracy, functionality, acts, omissions, or independent data practices of a third-party Connected Service.
You should grant only the permissions reasonably necessary for your intended use and disconnect services that are no longer required.
7. Professional Responsibility
CountingWorks provides technology. Unless expressly agreed otherwise in writing, CountingWorks does not provide tax, accounting, legal, investment, financial, employment, or other professional advice to your clients.
You remain responsible for:
- your professional services;
- your client relationships;
- compliance with professional standards;
- determining whether information is accurate and applicable;
- reviewing work product;
- required filings, deadlines, and elections;
- communications delivered to clients; and
- decisions made using information obtained through the Services.
No AI output, template, research result, recommendation, alert, calculation, educational material, or other information provided through the Services should be treated as a substitute for professional judgment.
8. Acceptable Use
You may not use the Services to:
- violate applicable law;
- infringe intellectual property or privacy rights;
- access information you are not authorized to access;
- upload malicious software or code;
- interfere with the security or operation of the Services;
- circumvent access, usage, credit, seat, or subscription restrictions;
- attempt unauthorized access to another account or system;
- use automated methods to extract substantial portions of the Services except as expressly permitted;
- reverse engineer the Services except where such restrictions are prohibited by law;
- misrepresent AI-generated content as independently verified where doing so would be deceptive or unlawful;
- use the Services to facilitate fraud, unlawful discrimination, or other unlawful activity; or
- use the Services in a manner that creates unreasonable security, operational, legal, or reputational risk.
We may suspend or restrict functionality where reasonably necessary to protect the Services, customers, third parties, or CountingWorks.
9. Intellectual Property
The Services, including software, interfaces, designs, workflows, technology, documentation, templates, educational materials, MAX Skills, branding, trademarks, and other CountingWorks materials, are owned by CountingWorks or its licensors and are protected by applicable intellectual property laws.
Except for the limited rights necessary to use the Services, these Terms do not transfer ownership of CountingWorks intellectual property to you.
Feedback, suggestions, or ideas you voluntarily provide concerning the Services may be used by CountingWorks without restriction or compensation, provided we do not publicly identify you as the source without permission.
10. Third-Party Content and Services
The Services may contain or provide access to third-party products, content, services, integrations, websites, or information.
CountingWorks does not control and does not necessarily endorse third-party services.
Your use of third-party services may be governed by separate agreements between you and the applicable provider.
11. Beta, Preview, and Experimental Features
We may make features available as beta, preview, early access, experimental, pilot, or evaluation functionality.
These features may:
- change substantially;
- contain errors;
- be unavailable from time to time;
- produce unexpected results;
- have limited support;
- be subject to additional restrictions; or
- be discontinued.
You should not rely on beta or experimental functionality for critical activities without appropriate independent safeguards.
12. Service and Feature Changes
CountingWorks continually develops and improves its Services.
We may add, modify, replace, restrict, suspend, or discontinue features, integrations, models, workflows, functionality, usage allowances, or other aspects of the Services.
We may also introduce new products, plans, packages, add-ons, usage models, or functionality.
Paid subscription pricing, packaging, renewals, credits, contact limits, seats, included functionality, and other commercial terms are governed by the applicable Customer Master Agreement, order, subscription terms, or other commercial agreement.
Nothing on a public webpage creates a perpetual right to a particular feature, integration, AI model, usage allowance, product configuration, or package.
13. Fees and Paid Services
Certain Services require payment.
Pricing, billing frequency, renewal terms, included features, usage limits, credits, seats, contacts, add-ons, cancellation rights, and other commercial terms may be presented at the time of purchase or governed by an applicable Customer Master Agreement or order.
Where required by law, we will provide applicable notices concerning recurring charges, renewals, cancellations, or material pricing changes.
14. Security
We use administrative, technical, and organizational safeguards designed to protect the Services and information processed through them.
No technology or internet-based system can be guaranteed to be completely secure.
You are responsible for maintaining appropriate security within your organization, protecting account credentials, configuring permissions appropriately, and using reasonable care when connecting external systems or providing access to sensitive information.
15. Privacy
Our collection and processing of personal information is described in our Privacy Policy.
Our processing of information through MAX and other AI-powered functionality is further described in our MAX AI & Data Use Notice.
Where applicable, processing performed by CountingWorks on behalf of a customer may also be governed by a Data Processing Addendum.
16. Copyright Complaints
CountingWorks respects intellectual property rights.
Notices of alleged copyright infringement may be sent to:
Copyright Agent
CountingWorks, Inc.
2549 Eastbluff Drive #448
Newport Beach, CA 92660
legal@countingworkspro.com
A notice should include the information required by applicable copyright law.
We reserve the right to remove or disable allegedly infringing material and, where appropriate, terminate repeat infringers.
17. Suspension and Termination
You may stop using the Services at any time, subject to any applicable subscription or contractual obligations.
CountingWorks may suspend, restrict, or terminate access where reasonably necessary because:
- you violate these Terms or another applicable agreement;
- payment obligations are not satisfied;
- your use creates a security or operational risk;
- your use may expose CountingWorks or others to legal liability;
- fraudulent, abusive, or unauthorized activity is suspected;
- continued provision of the Services is prohibited by law; or
- an applicable Customer Master Agreement permits suspension or termination.
Where commercially reasonable and legally permitted, we will attempt to provide appropriate notice.
18. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
COUNTINGWORKS AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ANY CONTENT, AI OUTPUT, RECOMMENDATION, ANALYSIS, INTEGRATION, OR THIRD-PARTY INFORMATION WILL BE ACCURATE OR COMPLETE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COUNTINGWORKS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR DATA, ARISING FROM OR RELATED TO THE SERVICES.
FOR PAID CUSTOMERS, ANY ADDITIONAL LIABILITY LIMITATIONS OR LIABILITY CAPS ARE GOVERNED BY THE APPLICABLE CUSTOMER MASTER AGREEMENT.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
20. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless CountingWorks and its affiliates, officers, directors, employees, and agents from third-party claims arising from:
- Customer Content you provide;
- your unlawful use of the Services;
- your violation of these Terms;
- your violation of third-party rights; or
- your unauthorized connection, disclosure, or processing of third-party information.
For paid customers, the applicable Customer Master Agreement may contain additional or different indemnification provisions.
21. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Paid customers may be subject to dispute resolution, arbitration, venue, class-action waiver, or other provisions contained in the applicable Customer Master Agreement.
Before initiating formal proceedings concerning these Terms, we encourage you to contact legal@countingworkspro.com so that we can attempt to resolve the matter informally.
22. Changes to These Terms
We may update these Terms to reflect changes in our Services, technology, business practices, or legal requirements.
We will update the effective date when these Terms change and provide additional notice where required by applicable law.
If a material change affects a paid customer's contractual rights or obligations, the applicable Customer Master Agreement and its amendment or acceptance procedures will govern.
23. General Terms
If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect.
Our failure to enforce a provision is not a waiver of our right to do so later.
You may not assign rights under these Terms without our consent. CountingWorks may assign these Terms in connection with an affiliate relationship, corporate reorganization, merger, acquisition, financing, sale of assets, or similar transaction.
These Terms do not create third-party beneficiary rights.
24. Contact
Questions about these Terms may be directed to:
CountingWorks, Inc.
2549 Eastbluff Drive #448
Newport Beach, CA 92660
Email: legal@countingworkspro.com
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