Ledgibilify Client Terms

Provided by FIMA Vantage, LLC. Version 2.3, effective on the date this version is first presented for acceptance in the Ledgibilify application.

These Client Terms are an agreement between FIMA Vantage, LLC, a New York limited liability company located at 46 Nicola Place, Port Chester, NY 10573 ("FIMA Vantage," "we," or "us"), and the person or business that creates a Ledgibilify account (the "Client," "you," or "your"). They apply to Ledgibilify only. They consist of Part A (General Terms) and Schedule 1 (terms specific to Ledgibilify). If the two conflict, Schedule 1 controls. By clicking "I agree" when you first sign in, signing these terms, or using the service, you accept them. We record the date and version you accepted.

Part A. General Terms

1. What the Service Is, and What It Is Not

Ledgibilify is a record-keeping tool. It organizes information you enter, import, or ask us to enter for you, and it lets you view and export it.

They are not tax, accounting, legal, or financial advice. FIMA Vantage does not act as your accountant, tax preparer, attorney, or financial advisor, and we do not give tax or accounting advice. You remain solely responsible for your own tax returns, filings, and legal and regulatory obligations, and for reviewing your records to confirm they are complete and accurate. Please consult a qualified professional about your situation.

Reports, categories, calculations, and automatic matching or sorting of transactions are provided for convenience. They may contain errors, and you should check them before relying on them. Schedule 1 explains this further for the tax-related outputs of Ledgibilify.

2. Your Account

You must be at least 18 years old and able to enter into a binding contract. You agree to give accurate information and keep your sign-in details confidential, including any authenticator app used for your sign-in codes. Tell us promptly at info@fimavantage.com if you believe someone has accessed your account without permission. You are responsible for activity under your account, including activity by people you ask us to add.

3. Your Data

You own your records, including the income, expense, property, tenant, and other information you enter, upload, or connect to the service, and information we enter for you ("Client Data"). We do not claim ownership of Client Data.

You give us a limited permission to host, store, process, and display Client Data only as needed to provide, secure, support, and maintain the service for you. We do not sell Client Data and do not use it for any other purpose, except as the law requires.

You can download your transactions as a CSV file at any time and request deletion of your account at any time. Section 9 explains what happens to your data after deletion.

You are responsible for having the right to enter, upload, or give us the data you put into the service. Section 5 explains how this applies to information about other people, such as tenants.

4. Third-Party Services

The service relies on providers that handle Client Data on our behalf or enable features you choose. They currently include Vercel (hosting and file storage), Neon (database), Plaid (bank connections), Resend (email delivery), Sentry (error reports), Google (sign-in), and GitHub (code). Our privacy policy lists the providers that handle Client Data and is kept current. We may change providers and will update the list. We remain responsible to you for how our providers handle Client Data under these terms, subject to Section 8.

Bank connections are optional. If you connect a bank account, the connection is made through Plaid Inc. ("Plaid"). When you connect, you will be asked to agree to Plaid's terms and privacy policy, which apply to your use of Plaid in addition to these terms, and you authorize us to receive the account and transaction information you choose to share. We use that information only to provide the service to you. We never store your bank login credentials, and bank access tokens are stored in encrypted form. You can disconnect a bank account at any time in the application and can also manage or revoke access through Plaid or your bank. Imported transactions may be delayed, incomplete, duplicated, or incorrect, so please compare them with your bank statements. FIMA Vantage does not control Plaid or your bank and is not responsible for their services.

5. Information About Other People, Including Tenants

The service may hold information about people who are not our clients, such as tenants (names, contact details, lease, rent, and security deposit information). Those people do not agree to these terms. As between you and us:

• You are responsible for having a lawful basis and any required notices or consents for giving us that information, and for using it in line with the laws that apply to you as an owner or landlord.
• We process that information only on your behalf, to provide the service to you, and treat it as confidential.
• We do not use it for our own purposes, and we do not sell or share it except with the providers described in Section 4 or as the law requires.
• If a tenant or other person asks us to access, correct, or delete their information, we will refer them to you and will help you respond within a reasonable time.

6. Our Access to Your Data and Our Confidentiality Commitment

To run and support the service, FIMA Vantage's administrator can see and manage the records of every client. We use that access only to provide, support, secure, and maintain the service, to perform work you have asked us to do, to investigate problems, and to comply with the law. We do not look at your data for other reasons.

We keep Client Data confidential. Access is limited to the administrator and to the providers described in Section 4. We review who has access periodically, and one client cannot see another client's data. If our access arrangements change, such as adding another administrator, we will tell you and apply the same limits.

7. Fees and Payment

Ledgibilify is offered for a monthly fee. We will tell you the fee and any applicable taxes before you start, and we will send you an invoice by email each month. Payment is due by the date shown on the invoice. Fees are not charged automatically, and the service does not process payments itself. Except where the law requires otherwise, fees already paid are not refundable, and cancelling does not refund the current month.

We may change our fees or introduce new ones. We will give you at least 14 days' written notice by email before a change takes effect. If you do not agree, you may cancel before it takes effect and you will not be charged the new fee.

If an invoice is not paid by its due date, we may notify you and restrict or suspend your access until it is resolved. A restriction may limit you to viewing reports and exporting your data, so you can still sign in and download your records but cannot change them. Your data remains available for export during any restriction or suspension, subject to Section 9.

8. Availability, Disclaimers, and Limits on Liability

We work to keep the service available and secure and keep encrypted nightly backups, but we do not promise that it will be uninterrupted, error-free, or free of delays. The service may be unavailable because of maintenance, outages at our providers, Plaid, or your bank, or other events outside our control. We may update or change features and will give reasonable notice of a change that significantly reduces the core features you are paying for. We recommend that you download CSV copies of your records regularly and keep your own backups of important documents.

The service is provided "as is" and "as available." To the fullest extent New York law allows, we disclaim all warranties, express or implied, including any warranty that the service, its calculations, or imported bank data will be accurate, complete, or fit for a particular purpose.

To the fullest extent New York law allows, FIMA Vantage will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, tax penalties, interest, or late fees, loss of data, or business interruption, arising from your use of or inability to use the service. This includes downtime, a bank connection that imports wrong or missing transactions, calculation or categorization errors, and data loss despite our backups.

To the fullest extent New York law allows, our total liability to you for all claims relating to the service will not exceed the fees you paid to FIMA Vantage in the 12 months before the event that gave rise to the claim.

These limits apply whether the work is done by you in the software or by us on your behalf, because entering data for you is part of the service. They do not apply to liability that cannot be limited under New York law, including liability for our gross negligence, willful misconduct, or fraud. Some laws do not allow certain limits, so parts of this section may not apply to you.

You agree to indemnify and hold FIMA Vantage harmless from claims by third parties arising from information you give us without the right to do so, or from your breach of these terms, to the extent allowed by law.

9. Ending the Relationship and What Happens to Your Data

You may stop using the service and request deletion of your account at any time. We may suspend or end your access if you breach these terms, fail to pay, misuse the service, or create a security risk, and we will give reasonable notice where practical. We may also discontinue the service on at least 30 days' written notice, and we will give you the chance to export your data first.

When you ask us to delete your account, and we have confirmed the request, we delete your Client Data from our active systems within 30 days. Copies in backups are deleted as the backups age out, within a further 30 days. We may keep limited information longer only where the law requires it, such as billing and tax records, or where needed to resolve a dispute or enforce these terms. We also keep a short record that your deletion request was made and completed, limited to your name, your email address, and the dates of the request and completion, for up to 3 years. Separately, if someone asks us for an account through the form on our website, we keep that request (the name, email address, and application they asked for) for 12 months. We do not use these records for any other purpose.

Before deleting your account, download your records as a CSV file. Once deleted, we cannot recover your data. This section reflects our Data Retention and Deletion Policy.

10. Privacy and Security

We use reasonable administrative, technical, and physical safeguards to protect Client Data, including authenticator-code sign-in, encryption of bank access tokens, private storage of uploaded files, and encrypted nightly backups. No system is completely secure, and we cannot guarantee absolute security. If we learn of a security incident affecting your data, we will notify you as required by New York law and other applicable law. Our privacy policy at fimavantage.com/privacy explains what we collect and how we use it, and forms part of these terms.

11. Acceptable Use

You agree not to use the service for anything unlawful or to record fraudulent or misleading transactions, to try to access another person's account or data, to probe or disrupt the service's security, to copy, resell, or reverse engineer the software except as the law allows, or to upload malicious code or overload the service.

12. Our Rights in the Software

FIMA Vantage owns the Ledgibilify software, design, and branding. We give you a limited, non-exclusive, non-transferable right to use it for your own purposes while these terms are in effect. This does not transfer ownership of the software to you or affect your ownership of Client Data.

13. Accepting and Changing These Terms

You accept these terms by the "I agree" step in the application, by signing them, or by using the service after we notify you of them. We record the date and version you accepted. We may update these terms. We will give you at least 14 days' notice of material changes by email or in the application, and ask you to accept the new version. If you do not agree, you may cancel before the change takes effect.

14. Governing Law and Disputes

These terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. The parties will first try to resolve any dispute informally by writing to each other and allowing 30 days. If that does not work, any legal action must be brought in the state or federal courts located in Westchester County, New York, and each party consents to their jurisdiction.

15. General

These terms, our privacy policy, and any separate written agreement between you and FIMA Vantage are the entire agreement about the service. If any part is unenforceable, the rest stays in effect. If we do not enforce a provision, that does not waive it. You may not assign these terms without our written consent. We may assign them in connection with a sale or reorganization of our business, with notice to you. Neither party is liable for delays caused by events beyond its reasonable control.

16. Contact

Questions, privacy requests, deletion requests, and legal notices can be sent to FIMA Vantage, LLC, 46 Nicola Place, Port Chester, NY 10573, or info@fimavantage.com.

Schedule 1. Ledgibilify

1. What Ledgibilify Holds

Ledgibilify is a bookkeeping and tax-record tool for rental-property owners and the people they invite. It may hold properties, transactions, tenant names and contact details, leases and security deposits, mortgage details, receipt photos, and, if you choose, bank transactions through Plaid.

2. Tax-Related Outputs

Ledgibilify produces figures such as depreciation amounts, mortgage principal and interest splits, and reports organized like Schedule E. These are estimates based on the information in the account. They are not tax advice, and we do not prepare or file your return. You and your tax preparer are responsible for checking every figure, the method used, and the accuracy of the underlying records before relying on them.

3. Data Entered by FIMA Vantage for You

For some clients, FIMA Vantage enters or updates buildings, units, tenants, and transactions on your instructions. Our administrator has access to every client's buildings in order to run and support the service, as described in Section 6 of Part A, including the buildings we enter data for on your behalf. We rely on the information and instructions you give us and do not independently verify them. You agree to review what we enter and tell us promptly about errors. This work is part of the service and is subject to Sections 6 and 8 of Part A.

4. Receipts and Files

Receipt photos are stored privately and shown only to people with access to the relevant building. We do not send them to any AI or text-recognition service.

5. Users You Invite

Only FIMA Vantage can create users and set their access in Ledgibilify. If you want co-owners, staff, or your accountant to have access, ask us at info@fimavantage.com and tell us which people, which buildings, and what level of access they should have. You are responsible for the people you ask us to add, and you should tell us promptly when someone's access should be changed or removed.