Terms of Service

Thank you for selecting the Services offered by Generation Finance (“Gen-F”), a division of Kevin Wenig CPA LLC  and/or its subsidiaries and affiliates (referred to as “Gen-F”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Kevin Wenig CPA LLC. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS

1)AGREEMENT

This Agreement describes the terms governing your use of the Gen-F online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

2)YOUR RIGHTS TO USE THE SERVICES

2.1) The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Gen-F. Gen-F reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Gen-F grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.  You need to be at least 18 years of age to use the Services.

2.2)You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

3)PAYMENT. For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless GEN-F or its third party affiliate notifies youotherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a)Payments will be billed to you in U.S. dollars and is payable in full upon signing up for the service unless stated otherwise in the program ordering or payment terms on the website for the Services. 

b)You must pay with one of the following: 

c)If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of the Services. 

d)If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. 

e)If applicable, Gen-F will automatically renew your monthly Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement. 

f)Additional cancellation or renewal terms may be provided to you on the website for the Services.

4)USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, the Internet, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. 

GEN-F MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: 

i)THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; 

ii)ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; 

iii)AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5)YOUR PERSONAL INFORMATION. You can view Gen-F’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Gen-F Privacy Statement, and any changes published by Gen-F. You agree that Gen-F may use and maintain your data according to the Gen-F Privacy Statement, as part of the Services. You give Gen-F permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Gen-F services. For example, this means that Gen-F may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Gen-F is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law. 

6)CONTENT

6.1 You are responsible for your content. You are responsible for all materials, data, and personal information (“Content”) uploaded, posted, spoken or stored through your use of the Services or meeting(s). You are responsible for any lost or unrecoverable Content. Gen-F is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: 

a)Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law; 

b)Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy; 

c)Except as permitted by Gen-F in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; 

d)Virus, trojan horse, worm or other disruptive or harmful software or data; and 

e)Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner. 

6.2 Gen-F may freely use feedback you provide. You agree that Gen-F may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Gen-F a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Gen-F in any way. 

6.3 Gen-F may monitor your Content. Gen-F may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Gen-F or its customers, or operate the Services properly. Gen-F, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. 

6.4 Legal Limitations

Please be aware that the advice and guidelines provided through our services, including but not limited to, consultations, documents, and communications, are intended for informational purposes only. Laws, regulations, and industry standards are subject to change, and it is your responsibility to ensure that your activities conform to all applicable legal and ethical requirements.

Our services do not replace the need for you to consult with a qualified legal, or other professional advisors who can consider your unique circumstances. We make no representations or warranties about the accuracy, completeness, or suitability of the information provided. It is your sole responsibility to confirm and comply with all state and federal laws, rules, and industry standards pertaining to your business or activities.

You agree not to hold Gen-F liable for any errors, omissions, or outdated information and accept that you are using our services at your own risk. In no event shall Gen-F be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of our services, even if advised of the possibility of such damage.

7)ADDITIONAL TERMS

7.1 We may tell you about other Gen-F services. You may be offered other services, products, or promotions by Gen-F (“Gen-F Services”). Additional terms and conditions and fees may apply. With some Gen-F Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Gen-F permission to use information about your business and experience to help us to provide the Gen-F Services to you and to enhance the Services. You grant Gen-F permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Gen-F permission to share or publish summary results relating to research data and to distribute or license such data to third parties. 

7.2 Communications. Gen-F may be required by law to send you communications about the Services or third party products. You agree that Gen-F may send these communications to you via email or by posting them on our websites. 

7.3 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Gen-F if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates. 

7.4 Security Risks.  We believe the Services are secure and reasonable measures are in place to ensure your safety. However, no online service can guaranty it is 100% safe from hacking. If you are concerned about the risk of a data breach, then please do not use the service with any information you would not want to have leaked. Of course, this applies to any other online service as well.

8)DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEN-F, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. GEN-F AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 

8.2 GEN-F, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9)LIMITATION OF LIABILITY AND INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF GEN-F, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, GEN-F, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET GEN-F SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF GEN-F AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF GEN-F, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. 

a)You agree to indemnify and hold Gen-F and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Gen-F reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Gen-F in the defense of any Claims.

10)CHANGES We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes. 

11)TERMINATION Gen-F may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Gen-F’s rights to any payments due to it. Gen-F may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

12)EXPORT RESTRICTIONS You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

13)GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Connecticut without regard to its conflict of laws provisions, and Subscribers agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be the appropriate state or federal court located in the State of Connecticut, and Subscribers hereby submit to the jurisdiction of such courts.

You agree to resolve any claims relating to these Terms or the Site or Service through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Fairfield, CT.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR GEN-F MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against Gen-F based in any way on the Site or Services you agree that, in the event you do not prevail or we do prevail, you will reimburse us for any costs and attorneys’ fees associated with its defense of the action.

14)NOTICE FOR CALIFORNIA USERS Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

15)GENERAL This Agreement, including the Additional Terms below, is the entire agreement between you and Gen-F and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Gen-F. However, Gen-F may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Gen-F or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact GEN-F via an email to: kevin@gen-f.net 

December, 2024

B. ADDITIONAL TERMS AND CONDITIONS FOR GEN-F SERVICES

Your use of the following Services provided by Gen-F are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service. 

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative. 1)SERVICES. Each of the following products and services are referred to in this Agreement as a “Service” and together as the “Services”: 

1.1. Gen-F. Generation Finance is an outsourced, remote accounting department. Each Gen-F client may only be used to support one business unless otherwise arranged. 

1.2. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.

2)USERS.

2.1. Types of Users. The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals to access the Services through the same account (“Additional Users”). The number of Additional Users may be limited based upon the subscription you purchase. Additional Users may include, for example, your employees, accountant, contractors, agents, and clients. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Users will be required to accept this Agreement before accessing the Services. 

2.2. For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another individual as a replacement Administrator. You agree that Additional Users are Gen-F customers, but that you are responsible for your Additional Users’ access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services. 

2.3. For Additional Users. As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.

3)SUBSCRIPTION.

3.1. At this time, there is no subscription model offered.

4)DATA.

4.1. Personal Data. If you are providing data to us that is not personal to you, you agree that you have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Policy, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to Third Party Products that you approve, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that GEN-F may provide data in your account to any Additional Users to which that data is applicable or personal to. 

4.2. Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other GEN-F customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not GEN-F, for information and guidance purposes only, and GEN-F and such User are not responsible in any way for your use the Account Content. 

4.3. Telephone numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that GEN-F may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve GEN-F sending text messages containing security codes to your telephone number. You agree to receive these texts from GEN-F containing security codes as part of the MFA process. In addition, you agree that GEN-F may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. For the Mobile App Download Program, Message and Data rates may apply.

5)OTHER PRODUCTS AND SERVICES

Third Party Products. By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Gen-F is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not Gen-F, are solely responsible for their own actions or inactions. Gen-F is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Gen-F or any other party or in furtherance of criminal, fraudulent or other unlawful activity.