Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) form a binding agreement between obsidyun.com (“Obsidyun,” “we,” “our,” or “us”) and the person or entity accessing or using our SaaS accounting, inventory, invoicing, payroll, and business management platform (the “Service”). By creating an account, clicking “I agree,” or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” refers to that entity.

2. Eligibility and Account Registration

• You must be at least 18 years old and capable of forming a legally binding contract to use the Service.
• You agree to provide accurate, current, and complete registration information and to keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must notify us promptly at reachout@obsidyun.com of any suspected unauthorized use of your account.
• Unauthorized use, including creating an account using false information or on behalf of someone without authorization, is strictly prohibited.

3. Subscription, Fees, and Billing

• The Service is offered on a subscription basis at the pricing and billing frequency (monthly or annual) shown at checkout or in your order form.
• Fees are billed in advance and, except as required by law or expressly stated in an order form, are non-refundable, including for partial billing periods.
• We may change our pricing with at least 30 days’ prior notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
• You are responsible for all applicable taxes (e.g., VAT, sales tax) associated with your subscription, other than taxes on Obsidyun’s net income.
• Failure to pay fees when due may result in suspension of access to the Service after notice and a reasonable cure period.

4. Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Service for any unlawful, fraudulent, or misleading purpose, including tax evasion or the falsification of financial or accounting records;
• Interfere with, disrupt, or place an unreasonable load on the Service’s infrastructure;
• Attempt to gain unauthorized access to the Service, other accounts, or related systems or networks;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law;
• Upload viruses, malware, or other harmful code, or use the Service to store or transmit content that infringes a third party’s intellectual property or privacy rights; or
• Use the Service to process personal information in violation of applicable data protection law, including by uploading special categories of data without a lawful basis and adequate safeguards.

We may investigate suspected violations and may suspend or terminate access consistent with Section 10.

5. Customer Data, Data Protection, and Your Responsibilities as Controller

5.1 Ownership

As between the parties, you retain all rights, title, and interest in and to the data, records, and content you submit to the Service (“Customer Data”), including financial records, inventory data, and personal information of your employees, customers, or contacts. You grant Obsidyun a limited license to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and support the Service, and as otherwise instructed by you.

5.2 Your Role as Controller / Responsible Party

Where Customer Data includes personal information of your employees, customers, or other individuals, you act as the data controller (under GDPR), responsible party (under POPIA), or business (under U.S. state privacy law), and Obsidyun acts as a processor, operator, or service provider, respectively, processing that personal information only under your instructions and the Data Processing Addendum referenced in Section 5.3. You are solely responsible for: (a) the accuracy, quality, and legality of Customer Data and the means by which you acquired it; (b) providing all notices and obtaining all consents required from data subjects before submitting their personal information to the Service; and (c) responding to data subject requests concerning Customer Data, with Obsidyun’s reasonable assistance.

5.3 Data Processing Addendum

Our Data Processing Addendum (“DPA”), which incorporates the EU Standard Contractual Clauses, the UK International Data Transfer Addendum, and POPIA-compliant operator terms, is incorporated into these Terms by reference and governs the processing of personal information within Customer Data. The DPA is available on request at reachout@obsidyun.com and prevails over these Terms to the extent of any conflict concerning the processing of personal information.

5.4 Data Retention

Obsidyun retains Customer Data for the duration of your subscription and, following termination, for a 90-day recoverable window during which you may export your data, after which Customer Data is deleted or irreversibly anonymized, except where a longer period is required by applicable law (for example, statutory bookkeeping and tax-record retention rules, which commonly range from five to ten years and remain your responsibility as controller to separately preserve if required after account closure). Full retention schedules by data category are set out in our Privacy Policy.

5.5 Security

We implement the technical and organizational security measures described in our Privacy Policy and DPA. You are responsible for configuring user permissions, access controls, and authentication settings available within the Service to protect your account.

6. Compliance With Data Protection Law

6.1 GDPR (EU / UK)

If you or your data subjects are located in the EEA or UK, Obsidyun will: process personal information only on your documented instructions; ensure personnel are bound by confidentiality; implement Article 32-equivalent security measures; assist with data subject requests and Article 35 data protection impact assessments where reasonably required; notify you of a personal data breach without undue delay; and, on termination, delete or return Customer Data as set out in Section 5.4, subject to legal retention requirements. Sub-processor engagement and international transfer safeguards are addressed in the DPA.

6.2 POPIA (South Africa)

If you or your data subjects are located in South Africa, Obsidyun will process personal information only for the purposes for which it was collected or for a purpose you authorize, will not process it for its own separate purposes, will notify you of any security compromise as required by POPIA section 22, and will restrict processing to conditions consistent with POPIA’s eight conditions for lawful processing, including data minimality, purpose specification, and security safeguards. You remain the responsible party for ensuring the personal information you submit to the Service was collected lawfully.

6.3 United States

If Customer Data includes personal information of California residents or residents of other states with comprehensive privacy laws (Virginia, Colorado, Connecticut, Utah, and others), Obsidyun acts as your “service provider” or “processor” and will: process personal information only to perform the Service under your instructions; not sell or share personal information, and not use it for any purpose outside the direct business relationship, including cross-context behavioral advertising; not combine personal information received from you with information from other sources except as permitted by law; and assist you in responding to verifiable consumer requests. Where Customer Data is subject to other U.S. sector rules (e.g., Gramm-Leach-Bliley Act safeguards for financial institutions using the Service), you are responsible for determining and communicating any additional contractual requirements.

6.4 Ethiopia (Proclamation No. 1321/2024)

Where Customer Data includes personal information of individuals located in Ethiopia, Obsidyun will process such data consistent with Proclamation No. 1321/2024, including its conditions on lawful processing and restrictions on cross-border transfer, and will support your obligations as data controller under that Proclamation, including registration and data subject request obligations, to the extent applicable to your use of the Service.

7. Intellectual Property

• All content, software, trademarks, logos, and other intellectual property comprising the Service are owned by Obsidyun or its licensors and are protected by applicable intellectual property laws.
• Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
• You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service, in whole or in part, except as expressly permitted by us in writing.
• Feedback you provide about the Service may be used by us without restriction or compensation to you.

8. Confidentiality

Each party may receive non-public information about the other in connection with the Service (“Confidential Information”). Each party agrees to use the other’s Confidential Information only as necessary to perform under these Terms, to protect it with at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and not to disclose it to third parties except to personnel, advisors, or sub-processors bound by confidentiality obligations, or as required by law. Customer Data is Confidential Information of the Customer.

9. Service Availability; Support

We use commercially reasonable efforts to maintain the availability of the Service but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable. Support is provided through the channels described at obsidyun.com/support. Specific uptime or support commitments apply only where set out in a separate order form or service-level agreement.

10. Suspension and Termination

10.1 By You

You may cancel your subscription at any time through your account settings or by contacting reachout@obsidyun.com. Cancellation takes effect at the end of the current billing period; fees already paid are non-refundable except as required by law or expressly stated in your order form.

10.2 By Us

We may suspend or terminate your access to the Service, with notice where reasonably practicable, if: (a) you materially breach these Terms and fail to cure within 15 days of notice; (b) you fail to pay undisputed fees when due; (c) your use poses a security risk to the Service or other users; or (d) required to comply with applicable law.

10.3 Effect of Termination

On termination, your right to access the Service ends, and Section 5.4 (Data Retention) governs the retention, export, and deletion of Customer Data. Sections that by their nature should survive termination (including Sections 5, 7, 8, 11, 12, and 13) will survive.

11. Disclaimers and Limitation of Liability

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be error-free, secure, or uninterrupted, except to the extent such disclaimers are prohibited by applicable law.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

Each party’s total liability arising out of or related to these Terms will not exceed the fees paid or payable by you to Obsidyun in the three (3) months preceding the event giving rise to the claim, except that this limitation will not apply to: (a) a party’s indemnification obligations; (b) a breach of confidentiality or data protection obligations resulting from gross negligence or wilful misconduct; or (c) liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Obsidyun and its officers, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable expenses (including legal fees) arising from: (a) your breach of these Terms; (b) Customer Data or your use of the Service in violation of applicable law, including data protection law; or (c) your violation of a third party’s rights. Obsidyun will indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes a third party’s intellectual property rights, subject to prompt notice and our control of the defense.

13. Governing Law and Dispute Resolution

• These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles, except where a mandatory local consumer-protection or data-protection law requires application of local law to a specific dispute (for example, EU, UK, or U.S. state consumer protections that cannot be waived by contract).
• The parties will first attempt to resolve any dispute informally by contacting reachout@obsidyun.com.
• Unresolved disputes will be subject to the exclusive jurisdiction of the courts of South Africa, without prejudice to a data subject’s right to lodge a complaint with a supervisory authority in their own country (e.g., an EU/UK data protection authority, South Africa’s Information Regulator, or a U.S. state attorney general) or to bring proceedings in their home jurisdiction where mandatory law so provides.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified by email or in-app notice at least 15 days before taking effect. Continued use of the Service after the effective date of an update constitutes acceptance of the revised Terms. If you do not agree to an update, you may terminate your subscription before it takes effect.

15. Miscellaneous

• Entire agreement: these Terms, the Privacy Policy, the DPA, and any order form constitute the entire agreement between the parties regarding the Service and supersede prior agreements on the subject matter.
• Severability: if a provision is found unenforceable, the remaining provisions remain in full force.
• Assignment: you may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets; we may assign these Terms in connection with a similar transaction.
• Force majeure: neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
• No waiver: failure to enforce a provision is not a waiver of the right to enforce it later.
• Notices: legal notices to Obsidyun should be sent to reachout@obsidyun.com and to our registered address below.

16. Contact Us

Questions about these Terms can be sent to:

Obsidyun — Legal
Email: reachout@obsidyun.com
Postal address: 444 Alaska Avenue, Suite BIP244, Torrance, CA 90503, USA