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IncTime Terms of Service

Last Updated: 05/14/2026
Version: 2.1

By accessing or using the website operated by IncTime, Inc. (together with its affiliates, "IncTime," "we," "us," or "our") and any related mobile sites, applications, widgets, or other online services that link to these Terms of Service (collectively, the "Site"), and by using any services, tools, content, data, reports, or other features made available by or through the Site (collectively, the "Services"), you ("you" or "your") agree to be bound by these Terms of Service (these "Terms") and all applicable laws and regulations, including United States export and re-export control laws and regulations. If you do not agree to these Terms, you must not access or use the Site or the Services.

Introduction and Acceptance of Terms

  • Agreement to Terms. By accessing or using the website operated by IncTime, Inc. (together with its affiliates, "IncTime," "we," "us," or "our") and any related mobile sites, applications, widgets, or other online services that link to these Terms of Service (collectively, the "Site"), and by using any services, tools, content, data, reports, or other features made available by or through the Site (collectively, the "Services"), you ("you" or "your") agree to be bound by these Terms of Service (these "Terms") and all applicable laws and regulations, including United States export and re-export control laws and regulations. If you do not agree to these Terms, you must not access or use the Site or the Services.
  • Business Users; Capacity. The Site and the Services are intended for use by businesses and other organizations and by individuals acting on behalf of such entities. By accessing or using the Site or the Services, you represent and warrant that:
    • you are at least eighteen (18) years of age and have full legal capacity to enter into binding contracts; and
    • if you are accessing or using the Site or the Services on behalf of an entity, you are duly authorized to accept these Terms on behalf of such entity, and all references to "you" or "your" in these Terms shall be deemed to refer to that entity (and its affiliates and personnel, as applicable).
  • Changes to Terms. It is your responsibility to review these Terms periodically. IncTime reserves the right, in its sole discretion, to modify or amend these Terms at any time. We may do so by posting an updated version on the Site or by providing you with notice through any other reasonable means. Any changes will be effective immediately upon posting unless a later effective date is stated. Your continued access to or use of the Site or the Services following any modification of these Terms constitutes your acceptance of the modified Terms.
  • Additional Policies. Please also review our Privacy Policy and any supplemental terms, product-specific terms, or other policies that we may post or otherwise make available to you from time to time in connection with particular Services (collectively, "Additional Terms"). The Privacy Policy and all Additional Terms are incorporated into these Terms by this reference. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms will govern solely with respect to the applicable Service or subject matter, unless the Additional Terms expressly provide otherwise.
  • Updates to Site and Services. IncTime reserves the right at any time and from time to time, with or without notice, to modify, suspend, or discontinue the Site or any Services (in whole or in part), to impose limits on certain features or Services, or to restrict access to parts or all of the Site or Services. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any Services.

Nature of IncTime's Services; No Legal, Tax, or Compliance Advice

  • General Description. IncTime operates an online platform that:
    • aggregates and organizes publicly available and commercially available information regarding certain federal, state, local, and, where applicable, tribal or territorial laws, regulations, permits, licenses, registrations, filings, and other requirements that may be relevant to operating a business within specified jurisdictions (collectively, "Regulatory Requirements");
    • enables users to input certain information about their business (such as business type, industry, location, and other parameters) and, based on that information and IncTime's internal databases and logic, generates informational outputs, including without limitation lists of potentially applicable Regulatory Requirements, status indicators, and other informational reports (collectively, "Compliance Outputs"); and
    • may, from time to time, provide generalized educational content, explanations, checklists, or tools relating to Regulatory Requirements and business operations ("Informational Content").
    • Serve as a business' registered agent of record with the appropriate Secretary of State.
    • Maintain a physical address for receipt of service of process and official correspondence.
    • Forwarding notices, subpoenas, and legal correspondence to your designated contact.
    • Providing CRM based compliance dashboard to track filing, deadlines, renewals, and state good standing.
    • Offer automated billing and payment processing for renewals, filings, and related services.
    • Deliver privacy solutions that seek to minimize public disclosure of personal or business owner information.

All of the foregoing services can be done directly with the State or Federal agencies and the use of IncTime's services is strictly optional.

  • No Legal, Tax, or Professional Advisory Services. IncTime is not a law firm, accounting firm, compliance consultancy, or other professional advisory firm, and the Site and Services do not constitute and are not a substitute for legal, tax, accounting, compliance, or other professional advice, judgment, or services. Without limiting the foregoing:
    • IncTime does not provide legal opinions, legal representation, or legal advocacy of any kind.
    • IncTime does not provide tax planning, tax return preparation, or other tax advisory or compliance services.
    • IncTime does not provide industry-specific regulatory consulting or professional compliance audits.
    • No attorney-client, tax advisor-client, or other professional-client relationship is created between you and IncTime by your use of the Site or Services.
  • Informational Purposes Only. Any Regulatory Requirements descriptions, Compliance Outputs, Informational Content, explanations, checklists, summaries, examples, or similar materials available through the Site or Services are provided solely for general informational and educational purposes. Such materials are inherently general in nature, may not reflect all applicable legal or regulatory requirements, and may not be accurate or appropriate for your specific facts, circumstances, or jurisdiction. You also expressly acknowledge that IncTime uses automated chat interactions which are informational only, and shall not be relied upon nor construed as advice received from any professional or a professional's agents including, but not limited to, attorneys or tax advisors.
  • No Reliance; No Representation of Completeness or Accuracy.
    • Unless otherwise covered by our “We Do it All” plan’s “Filing Guarantee” policy, IncTime does not represent, warrant, or guarantee that any Regulatory Requirements, Compliance Outputs, Informational Content, or other materials provided through the Site or the Services are correct, current, complete, or applicable to any particular facts or circumstances.
    • Regulatory Requirements vary widely among jurisdictions, are subject to frequent change or reinterpretation, and may be applied differently by different regulators or courts. IncTime does not undertake any obligation to monitor, update, or correct Regulatory Requirements or related information in real time.
    • Compliance Outputs and any other outputs generated through the Site or Services are based on (i) the information you or your representatives supply to IncTime, which may be incomplete or inaccurate, and (ii) IncTime's then-current data sources, logic, and assumptions, which may be incomplete, outdated, or otherwise limited.
    • You acknowledge and agree that it is solely your responsibility to independently verify the completeness, correctness, and applicability of any Compliance Outputs, Regulatory Requirements, or other information obtained through the Site or Services with qualified legal counsel, tax advisors, or other appropriate professionals, and with the relevant governmental or regulatory authorities where necessary.
  • No Compliance Certification or Guarantee.
    • Unless otherwise covered by our “We Do it All” plan’s “Filing Guarantee” policy, IncTime does not certify, warrant, guarantee, or otherwise represent that your business is, will be, or will remain in compliance with any particular Regulatory Requirements or any other applicable laws, rules, regulations, or governmental policies.
    • Any statement, indicator, rating, score, or other Compliance Output suggesting that a business has "met," "satisfied," "completed," or "is compliant with" Regulatory Requirements is based solely on the limited data and rules within IncTime's systems and is intended as an internal informational tool for your use. Such outputs do not constitute legal, regulatory, or governmental approval, clearance, permit, license, or other authorization of any kind.
    • IncTime is not affiliated with, endorsed by, or acting as an agent of any governmental agency, regulatory authority, or self-regulatory organization, and no Compliance Output or other information from IncTime shall be construed as an official certification, ruling, or decision of any such body.
  • Third-Party and Regulator Reliance Prohibited.
    • You must not represent to any third party, including without limitation any governmental, regulatory, or quasi-regulatory authority, that IncTime has audited, verified, or certified your compliance with any Regulatory Requirements.
    • You must not submit, provide, or reference any Compliance Outputs or other IncTime materials to a regulator or other third party as if such materials constitute or evidence regulatory approval, formal legal advice, or an official compliance determination.
    • If you provide or disclose any Compliance Outputs or IncTime materials to any third party, you do so entirely at your own risk and responsibility, and you agree to indemnify and hold harmless IncTime and its affiliates in accordance with the indemnification provisions of these Terms.
  • Power of Attorney & Authorization. By subscribing to IncTime and to the extent applicable, you appoint IncTime to act as your agent and grant us a Power of Attorney limited to compliance and filing functions with the authority to represent you before each Secretary of State office, prepare, sign, file, or submit documents that are reasonably necessary to maintain your business in good standing, and receive and forward legal documents and notices as required by law. The foregoing authorization is strictly limited to compliance, registered agent, and related services that you elect to utilize. As may be reasonably necessary from time to time for troubleshooting and technical support purposes, you also authorize IncTime to, its staff, or its affiliates with permission to access and act within your user account.
  • Client Responsibilities. By subscribing, you agree to (1) keep your contact, office, and director information up to date in our system, (2) respond promptly to notices forwarded by IncTime, (3) ensure that your use of our services does not violate any laws or regulations, and (4) maintain responsibility for the accuracy of information and documents you submit for filing. Failure to update and maintain accurate information may result in noncompliance.
  • Encouragement to Seek Professional Advice. Because Regulatory Requirements and their application to individual circumstances are complex, you are strongly encouraged to consult with your own qualified legal counsel, tax advisors, accountants, and other appropriate professionals regarding your particular situation, before relying on any information, Compliance Outputs, or other materials obtained through the Site or Services.

BY USING INCTIME, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE THE RIGHT TO AND SHOULD CONSULT WITH YOUR OWN INDEPENDENT LEGAL OR TAX PROFESSIONALS TO ENSURE THAT YOU AND YOUR BUSINESS COMPLY WITH ALL LOCAL, STATE, FEDERAL, AND OTHER LAWS AND SHOULD NOT RELY EXCLUSIVELY ON THE INFORMATION PROVIDED THROUGH INCTIME.

Privacy and Security

  • Privacy Policy. IncTime respects your privacy and permits you to control the treatment of your personal information to the extent described in our Privacy Policy. A current version of our Privacy Policy is made available on the Site. The Privacy Policy is expressly incorporated into these Terms by reference and governs our collection, use, disclosure, and other processing of personal data and other information that you provide to us or that we otherwise obtain in connection with the Site or Services.
  • Account Registration; Accuracy of Information.
    • To access certain features or Services, you may be required to create an account and provide certain registration details and other information. You agree to provide only accurate, current, and complete information and to keep such information updated as necessary to maintain its accuracy.
    • You acknowledge that IncTime's ability to generate meaningful Compliance Outputs depends in substantial part on the accuracy and completeness of the information you provide. You are solely responsible for any Compliance Outputs or other consequences arising from or relating to the inaccuracy, incompleteness, or misleading nature of any information you or your representatives provide.
  • Account Credentials and Security.
    • You are solely responsible for maintaining the confidentiality and security of any username, password, and other authentication credentials associated with your account, including, but not limited to, Magic Links, Passkeys, and SSO, and for all activities that occur under or in connection with your account, whether or not authorized by you.
    • You must not share your login credentials with any unauthorized person, and you must immediately notify IncTime of any actual or suspected unauthorized use of your account, credentials, or any other breach of security.
    • IncTime shall have no liability for any loss or damage arising from your failure to safeguard your credentials or comply with this Section, and you may be held liable for any losses incurred by IncTime or others arising from such failure.
  • Data License for Service Provision. In connection with your use of the Site or Services, you may provide, upload, or otherwise make available to IncTime business information, including but not limited to information about your operations, locations, filings, licenses, and other data necessary to enable or improve the Services ("Business Data"). You hereby grant to IncTime a worldwide, royalty-free, nonexclusive, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, analyze, and otherwise process your Business Data, solely for the purposes of:
    • providing, operating, maintaining, improving, and personalizing the Site and the Services for you and other users;
    • developing, testing, maintaining, and improving IncTime's products, tools, models, and services (including statistical and analytical models); and
    • complying with applicable law and enforcing IncTime's rights.
    IncTime will process Business Data in accordance with its Privacy Policy and any applicable data processing addenda or other written agreements between you and IncTime. To the extent permitted by law, you may request deletion of certain Business Data through your account settings or by contacting us as provided on the Site; however, we may retain copies as reasonably necessary for legal, regulatory, or operational purposes.
  • Security Measures. Although IncTime employs commercially reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the Site, the Services, and information under our control, no system can be guaranteed to be completely secure. You acknowledge that:
    • transmission of information via the internet is not completely secure;
    • we cannot and do not guarantee that unauthorized third parties will never be able to defeat our security measures; and
    • you provide information to IncTime and use the Site and Services at your own risk.
  • Purpose of Data Use, Data Sharing & Disclosure. Your data is used to, to the extent applicable, to maintain business compliance and good standing, file documents with government agencies, act as a Registered Agent and receive legal notices, provide CRM, dashboard, and compliance monitoring services, process billing, payments, and subscriptions, and improve system performance, automation, and product features. We will not sell your personal data. Where permitted by law, IncTime may substitute its own address or contact details in public filings, act as a buffer between you and public/state records, and reduce exposure of personal addresses and identifying details. However, you acknowledge that some jurisdictions still require disclosure of certain ownership or contact information and IncTime cannot guarantee complete anonymity in all filings. We only disclose your information under the following circumstances:
    • To government agencies for required filings;
    • To payment processors for billing transactions;
    • To service providers operating under strict confidentiality agreements; and
    • In response to legal process (subpoena, court order, or law enforcement requests).
  • User Rights (CCPA / CPRA Alignment). If you are a California resident, you have the right to request access to the data we hold about you, request deletion of your personal data (subject to legal obligations), request correction of inaccurate information, and opt out of certain data uses where applicable. Requests may be submitted through your account or by contacting support at support@inctime.com.
  • Data Processor Role. In certain cases, IncTime acts as a data processor or service provider on your behalf. In such cases, you represent that you have the legal right to provide the data submitted and that you have obtained any necessary consent from third parties in relation to such data.
  • Cross-Border Data Transfers. If you access IncTime from outside of the United States, you consent to the transfer and processing of your data within the United States.
  • TCPA Consent. Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act ("TCPA"), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology and TEXT/SMS/RCS messages to the telephone number(s) that you provided from IncTime. You are not required to provide this consent to obtain access, request info or purchase our product. This consent simply allows us to contact you via these means. Messages may include: reminders about Payments, Account Activity Notices, Customer Support Notifications, Approval or Pre-Approval Alerts, Overdue Payment Warnings, Order Confirmations. Message Frequency Varies. The mobile carriers are not liable for delayed or undelivered Messages. Consumers may opt out of receiving text messages by sending or replying "STOP", "END", "CANCEL", "QUIT", "OPT OUT", "UNSUBSCRIBE" to any TEXT/SMS/RCS message they receive. Consumers may also send/reply with "HELP" for additional support or contact us at support@inctime.com +1 877-848-8544. Message and Data Rates May Apply to any Text/SMS/RCS communication. IncTime will never sell, rent, or share your mobile number or SMS/RCS consent with third parties, lenders, or affiliates for any purpose not directly related to this service.

Ownership and Intellectual Property

  • Ownership of Site and Materials. The Site and all information, data, text, graphics, logos, icons, button icons, images, audio clips, video clips, software, code, user interfaces, visual interfaces, trademarks, service marks, trade names, trade dress, compilations, and other materials, and the design, selection, and arrangement thereof, and all intellectual property rights therein or thereto (collectively, the "Materials") are owned by IncTime or its licensors or other third-party providers. Except as expressly set forth in these Terms, no rights, title, or interests in or to the Site, the Services, or any Materials are granted to you.
  • Limited License to Use Site. Subject to your full and continuing compliance with these Terms and any applicable Additional Terms, IncTime grants you a limited, revocable, nonexclusive, nontransferable, non-sublicensable license to access and use the Site and view the Materials solely:
    • for your internal business purposes;
    • in connection with evaluating or using the Services; and
    • in accordance with these Terms and any Additional Terms.
    This license does not permit you to:
    • download (other than temporary page caching) or copy any portion of the Site or Materials, except as expressly permitted by these Terms or by IncTime in writing;
    • modify, adapt, alter, translate, or create derivative works from the Site, the Services, or Materials, except as expressly permitted in writing;
    • resell, sublicense, lease, lend, distribute, publicly display, publicly perform, or otherwise make available any Materials, Compliance Outputs, or part of the Site or Services to any third party, except as expressly permitted in writing;
    • remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) contained in or on the Site, Services, or Materials.
  • Reservation of Rights. All rights not expressly granted to you herein are reserved by IncTime and its licensors. No license or right is granted to you by implication, estoppel, or otherwise.
  • Feedback. If you provide IncTime with any comments, suggestions, ideas, concepts, enhancements, improvements, feedback, or recommendations relating to the Site, the Services, or IncTime's business (collectively, "Feedback"), you hereby assign to IncTime all right, title, and interest in and to such Feedback, including all intellectual property rights therein, and acknowledge that IncTime will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback without restriction or obligation of any kind, including without limitation for purposes of developing and improving its products and services.

Permitted Use; Prohibited Conduct

  • Permitted Use. Subject to these Terms, you may use the Site and Services solely for legitimate, lawful, internal business purposes to:
    • understand, in a high-level informational manner, certain Regulatory Requirements that may be applicable to your business operations;
    • generate Compliance Outputs based on your Business Data and other information you supply; and
    • access and review Informational Content that may assist you in identifying Regulatory Requirements for further evaluation by your professional advisors.
  • Prohibited Conduct. You agree that you will not, and will not permit any third party to, directly or indirectly:
    • access or use the Site or the Services for any unlawful, fraudulent, malicious, or improper purpose, or in any manner that violates any applicable law, rule, or regulation;
    • rely upon the Site or Services as a substitute for obtaining independent legal, tax, accounting, or other professional advice, or as a substitute for direct communication with applicable regulators or governmental authorities;
    • misrepresent the nature or scope of IncTime's Services to any third party, including stating or implying that IncTime has certified, audited, or guaranteed your compliance with any Regulatory Requirements;
    • use or attempt to use the Site or Services in any manner that could reasonably be expected to damage, disable, overburden, impair, or interfere with the proper working or security of the Site or Services;
    • circumvent, bypass, disable, or otherwise interfere with any security features or access control mechanisms of the Site or Services or attempt to probe, scan, or test the vulnerability of any system or network associated with IncTime without our express prior written consent;
    • use any robot, spider, crawler, scraper, or other automated means to access the Site or Services for any purpose (including without limitation to scrape or harvest data) without our express prior written consent, or use any manual process to monitor or copy any of the material on the Site or Services without our prior written consent;
    • decompile, reverse engineer, disassemble, attempt to derive the source code of, or otherwise reduce to human-perceivable form any portion of the Site, the Services, or any software associated therewith, except to the limited extent expressly permitted by applicable law notwithstanding a contractual prohibition;
    • use the Site or Services to distribute any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
    • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with the Site or Services;
    • upload, post, transmit, or otherwise make available any content that infringes or violates any third party's intellectual property rights, privacy rights, or other proprietary rights, or that is defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable;
    • use the Site or Services for the purposes of building a competing product or service, or for any benchmarking or competitive analysis;
    • use the Site or Services to create or train any machine learning or artificial intelligence models without IncTime's prior written consent; or
    • violate any other terms, policies, or guidelines that IncTime may provide or post on the Site from time to time.
  • Monitoring and Enforcement. IncTime reserves the right, but not the obligation, to:
    • monitor your access to and use of the Site and Services for any lawful purpose, including to ensure your compliance with these Terms;
    • investigate any suspected violation of these Terms, and cooperate with law enforcement authorities or third parties in such investigations;
    • remove, disable, or modify any content, data, or materials that we reasonably believe violate these Terms or that may expose IncTime or others to harm or liability; and
    • suspend or terminate your access to the Site or Services, or any portion thereof, with or without notice, for any reason or no reason, including without limitation for any actual or suspected violation of these Terms.

Third-Party Sites, Services, and Content

  • Third-Party Links. The Site or Services may contain links to or integrations with third-party websites, resources, tools, or services, including without limitation governmental or regulatory websites, online filing portals, or other third-party providers (collectively, "Third-Party Sites"). Such links or integrations are provided solely as a convenience to you. IncTime does not control, endorse, sponsor, or accept responsibility for any Third-Party Sites, their content, products, services, or privacy or security practices.
  • No Responsibility for Third-Party Content or Services. You acknowledge and agree that:
    • your use of any Third-Party Sites is solely at your own risk and subject to such third party's terms and conditions and privacy policies;
    • IncTime is not responsible for the availability or accuracy of any information, content, or services provided by Third-Party Sites; and
    • IncTime will not be liable for any loss or damage of any kind arising from or related to your dealings with any third party or your use of any Third-Party Sites.
  • No Agency or Partnership. References to, or links to, Third-Party Sites or services do not imply that IncTime is affiliated with, endorsed by, or acting as an agent of any such third party, or that any such third party has reviewed, approved, or otherwise sanctioned the Site, the Services, or any Compliance Outputs or Informational Content.

User Content

  • User Content Generally. IncTime may, but is not obligated to, permit you and other users to submit, upload, post, transmit, or otherwise make available on or through the Site or Services certain content, including but not limited to business descriptions, internal policies, commentary, feedback, questions, reviews, or other information (collectively, "User Content").
  • Responsibility for User Content. You are solely responsible for all User Content that you submit, upload, post, transmit, or otherwise make available through the Site or Services, and for the consequences of your posting or publishing such User Content. By making User Content available, you represent and warrant that:
    • you own or have sufficient rights and permissions to grant the licenses described in these Terms;
    • your User Content does not violate any applicable law, regulation, or third-party rights (including without limitation intellectual property, privacy, and publicity rights);
    • your User Content does not contain any confidential or proprietary information of any third party unless you are legally permitted to disclose such information.
  • License to User Content. By submitting or making available any User Content, you grant to IncTime a worldwide, nonexclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such User Content, in any form, medium, or technology now known or later developed, for the purposes of:
    • operating, providing, and improving the Site and Services;
    • developing new products and services; and
    • complying with applicable law and enforcing our rights.
  • No Obligation to Monitor; Right to Remove. IncTime does not undertake any obligation to pre-screen, monitor, edit, or remove any User Content. However, IncTime reserves the right, in its sole discretion, to:
    • refuse to accept, post, display, or transmit any User Content;
    • edit or remove any User Content that IncTime believes violates these Terms, is otherwise objectionable, or may expose IncTime or third parties to harm or liability.
  • No Endorsement. IncTime is not responsible for, and does not endorse, any User Content. IncTime does not represent or warrant the accuracy, integrity, quality, legality, or appropriateness of any User Content, and under no circumstances will IncTime be liable in any way for any User Content.

No Warranties

  • General Disclaimer. The Site, the Services, all Compliance Outputs, Informational Content, Regulatory Requirements data, and all other content, information, and materials provided by or on behalf of IncTime are provided on an "as is," "as available," and "with all faults" basis, without any warranties of any kind, whether express, implied, statutory, or otherwise.
  • Specific Disclaimers. Without limiting the foregoing, to the maximum extent permitted by applicable law:
    • IncTime expressly disclaims all warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, reliability, and non-infringement, and all warranties arising out of course of dealing, usage, or trade;
    • IncTime does not warrant that the Site, the Services, any Compliance Outputs, or any other content or materials will meet your requirements, or that the operation of the Site or Services will be uninterrupted, timely, secure, free of errors, free of viruses or other harmful components, or compatible with any particular hardware, software, system, or data;
    • IncTime does not warrant or guarantee the completeness, correctness, timeliness, or applicability of any Regulatory Requirements data, Compliance Outputs, or Informational Content, or that your use of any of the foregoing will result in your business being compliant with any laws, rules, regulations, permits, licenses, or other requirements, or free from investigations, audits, penalties, fines, enforcement actions, litigation, or other adverse outcomes;
    • IncTime does not warrant or guarantee that any errors or defects in the Site, the Services, or any content will be corrected.
  • No Responsibility for Business Decisions. You acknowledge that any business, legal, tax, compliance, operational, or other decisions you make based on or related to your use of the Site, the Services, Compliance Outputs, or any other IncTime content are made by you in your sole discretion and at your sole risk. IncTime shall not be responsible or liable, directly or indirectly, for any such decisions or for any consequences thereof.
  • Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. To the extent that applicable law does not permit the exclusion of certain warranties, the exclusions set forth in these Terms shall apply to the maximum extent permitted by applicable law.

Limitation of Liability; Indemnification

  • Exclusion of Certain Damages. To the maximum extent permitted by applicable law, in no event shall IncTime, its parents, subsidiaries, affiliates, licensors, or service providers, or its or their respective officers, directors, managers, employees, contractors, agents, or representatives (collectively, the "IncTime Parties"), be liable to you or to any third party for any:
    • indirect, incidental, consequential, special, punitive, exemplary, or enhanced damages;
    • loss of profits, revenue, business, goodwill, or anticipated savings;
    • loss or corruption of data or other intangible losses;
    • business interruption, or loss resulting from business decisions, regulatory actions, or enforcement proceedings, in each case arising out of or in connection with these Terms, the Site, the Services, or your use of or inability to use the Site or Services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if any IncTime Party has been advised of the possibility of such damages or such damages were otherwise foreseeable.
  • Limitation of Aggregate Liability. To the maximum extent permitted by applicable law, the total aggregate liability of the IncTime Parties arising out of or relating to these Terms, the Site, the Services, or your use of or inability to use the Site or Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall be limited to:
    • the amount of fees actually paid by you to IncTime for the specific Services giving rise to the claim during the twelve (12) month period immediately preceding the event giving rise to the claim; or
    • if you have not paid any fees to IncTime during such period, one hundred U.S. dollars (US$100).
  • Allocation of Risk. The parties acknowledge that the limitations of liability set forth in this Section are an essential basis of the bargain between the parties and that, absent such limitations, the economic terms of these Terms would be substantially different.
  • Exceptions. Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by gross negligence, or for fraud or fraudulent misrepresentation.
  • Indemnification by You. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the IncTime Parties from and against any and all claims, actions, proceedings, demands, disputes, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:
    • your access to or use of the Site or Services;
    • any Business Data, User Content, or other content or materials you submit, post, transmit, or otherwise make available through the Site or Services;
    • your violation or alleged violation of these Terms or any applicable law, rule, or regulation;
    • your misrepresentation or alleged misrepresentation of the nature or scope of IncTime's Services to any third party;
    • your submission of any Compliance Outputs or other IncTime materials to any regulator, governmental authority, or third party as evidence of legal or regulatory compliance.
    IncTime reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with IncTime, at your expense, in defending such claims. You shall not settle any such matter without IncTime's prior written consent.

Unsolicited Submissions

  • Non-Confidentiality of Unsolicited Submissions. Except for Business Data or User Content expressly provided by you in accordance with these Terms for the purpose of receiving the Services, IncTime does not solicit, and does not wish to receive, any confidential, proprietary, or trade secret information from you through the Site, the Services, or by email, text, or other communication.
  • Assignment of Rights in Unsolicited Submissions. Any comments, feedback, suggestions, ideas, inventions, improvements, processes, or other information that you provide or send to IncTime on an unsolicited basis ("Unsolicited Submissions") shall be deemed to be non-confidential and non-proprietary. By submitting any Unsolicited Submissions, you hereby:
    • assign to IncTime all right, title, and interest in and to such Unsolicited Submissions including all intellectual property rights therein; and
    • acknowledge that IncTime shall be free to use, disclose, reproduce, license, distribute, and otherwise exploit any Unsolicited Submissions without restriction or obligation of any kind, whether for commercial or non-commercial purposes.
  • Responsibility for Unsolicited Submissions. You acknowledge that you are solely responsible for any Unsolicited Submissions you provide, including their legality, reliability, appropriateness, originality, and content.

Intellectual Property Compliance and DMCA

  • Respect for Intellectual Property Rights. You agree to respect the intellectual property rights of IncTime and third parties when accessing or using the Site or Services. Your use of the Site and Services is at all times subject to and governed by laws relating to copyright, trademark, and other intellectual property rights.
  • Infringing Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content or materials in violation of any third party's copyrights, trademarks, or other intellectual or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account.
  • DMCA Notice. IncTime may adopt and maintain a policy for responding to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and other applicable laws. If you believe that any content on the Site or Services infringes your copyright, you may submit a notification containing the following information:
    • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit IncTime to locate the material;
    • information reasonably sufficient to permit IncTime to contact you, such as an address, telephone number, and email address;
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Repeat Infringers. IncTime reserves the right to terminate, in appropriate circumstances and in its sole discretion, users or account holders who are deemed to be repeat infringers of third-party intellectual property rights.

Inappropriate Content

  • Prohibited Content. When accessing or using the Site or Services, you agree that you will not upload, download, display, perform, transmit, or otherwise distribute any content or materials that:
    • are defamatory, libelous, obscene, pornographic, indecent, lewd, excessively violent, harassing, threatening, abusive, hateful, discriminatory, or otherwise objectionable;
    • promote or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
    • advertise or solicit funds, goods, or services, or constitute unauthorized or unsolicited advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
    • contain any viruses, worms, Trojan horses, corrupted data, or other harmful, disruptive, or destructive files or content.
  • Enforcement and Cooperation. IncTime reserves the right to remove or disable access to any content that IncTime believes, in its sole discretion, violates these Terms or is otherwise objectionable. IncTime will cooperate fully with any law enforcement authorities or court order requesting or directing IncTime to disclose the identity of anyone posting any such content or materials.

Export and Sanctions Compliance

  • Export Restrictions. You may not access, download, use, or export the Site, the Services, or the Materials in violation of any applicable export control laws, trade sanctions, or regulations of the United States or any other applicable jurisdiction. You agree to comply with all such laws and regulations and to assume sole responsibility for obtaining any necessary licenses to export, re-export, or import as may be required.
  • Sanctioned Persons and Countries. You represent and warrant that you:
    • are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to a comprehensive U.S. government embargo or that has been designated by the U.S. government as a "state sponsor of terrorism" or otherwise subject to similar trade restrictions;
    • are not identified on, and are not owned or controlled by any person identified on, any U.S. or other applicable government list of restricted or prohibited parties; and
    • will not use the Site or Services for any purpose prohibited by applicable sanctions or export control laws.

Personal Use; Business Use

  • Business Use. The Site and Services are made available primarily for business and organizational use. You may use the Site and Services solely for internal business purposes in accordance with these Terms, and not for personal, family, or household purposes.
  • No Resale or Service Bureau Use. You may not use the Site or Services to provide services to third parties as a service bureau, managed service provider, or otherwise, nor may you resell or otherwise commercially exploit the Site, Services, or any Compliance Outputs, except as expressly authorized by IncTime in a separate written agreement.

Children

  • No Use by Minors. The Site and Services are not directed to, and may not be used by, individuals under the age of eighteen (18). IncTime does not knowingly collect personal information from children under the age of thirteen (13). If we become aware that a child under the age of thirteen has provided us with personal information, we will take steps to delete such information as required by applicable law.

Language; Accessibility

  • Language. Unless expressly stated otherwise, the Site, the Services, these Terms, the Privacy Policy, and any Additional Terms are provided in English. Any non-English translations that may be provided are for convenience only. In the event of any conflict or ambiguity between the English version and any translated version, the English version shall control.
  • Accessibility. IncTime aims to provide reasonable access to the Site and Services regardless of disability. If you are unable to access or read any part of the Site, or otherwise have difficulty using the Site or Services, you may contact IncTime using the contact information provided on the Site so that we may assist you and, where reasonably feasible, provide alternative means of access.

Governing Law; Venue

  • Governing Law. These Terms, and any dispute arising out of or relating to these Terms, the Site, or the Services, shall be governed by and construed in accordance with the internal laws of the state of Nevada in which IncTime is organized or has its principal place of business (without giving effect to any choice- or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction).
  • Venue. Subject to the arbitration provisions set forth in these Terms, any legal action or proceeding arising out of or relating to these Terms, the Site, or the Services that is not subject to arbitration shall be instituted exclusively in the federal courts located in Washoe County, Nevada where IncTime's principal place of business is located, and you and IncTime irrevocably consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum or lack of personal jurisdiction.

Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND INCTIME TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND INCTIME FROM SUING IN COURT OR HAVING A JURY TRIAL.

  • Agreement to Arbitrate. To the maximum extent permitted by applicable law, you and IncTime agree that any dispute, claim, or controversy between you and IncTime arising out of or relating in any way to these Terms, the Site, the Services, or your use of or inability to use the Site or Services (collectively, "Disputes") shall be resolved exclusively by binding arbitration, except that:
    • either party may bring an individual action in small claims court in a jurisdiction where such an action is permitted, if the requirements of such court are satisfied; and
    • either party may seek injunctive or other equitable relief in a court of competent jurisdiction with respect to alleged infringement or misappropriation of intellectual property rights.
  • No Class or Representative Actions. You and IncTime agree that:
    • arbitration shall be conducted on an individual basis only;
    • neither you nor IncTime may bring or participate in a class action, class arbitration, private attorney general action, or other representative action or proceeding against the other; and
    • the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated, or to otherwise preside over any form of a representative or class proceeding.
  • Arbitration Rules and Procedures. Any concerns or disputes shall first be attempted to be resolved directly between us. Should you have any concerns, claims, or disputes with IncTime, please first contact us through the contact information furnished on the Site. For any disputes that IncTime has against you, it will provide you with notice. The statute of limitations and any filing fee deadline shall be tolled for thirty (30) days from the date that either you or IncTime sends written notice so that the parties can engage in this informal dispute resolution process. In the unlikely event that any concerns or disputes are not resolved, then the subsequent sections shall apply.

    The arbitration shall be administered by the American Arbitration Association (the "Arbitration Provider") under its applicable rules in effect at the time the arbitration is initiated (the "Arbitration Rules"), as modified by these Terms. The Arbitration Rules will govern issues such as the selection of the arbitrator, payment of fees, and the conduct of the arbitration, except to the extent they conflict with these Terms. If the Arbitration Provider is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternative arbitration provider. If the parties are unable to agree, a court of competent jurisdiction may appoint the arbitration provider.

  • Location of Arbitration. Unless you and IncTime agree otherwise in writing, the arbitration proceedings shall be held as follows:
    • if you are a business entity or are using the Services on behalf of a business, the arbitration shall be conducted in the county where IncTime's principal place of business is then located which is presently in Washoe County, Nevada; and
    • if you are an individual using the Services for your own benefit (and not on behalf of an entity), the arbitration may be conducted in the county of your residence or in the county where IncTime's principal place of business is then located, at your election.
  • Arbitrator's Authority. The arbitrator shall have exclusive authority to:
    • resolve all Disputes that are subject to arbitration under these Terms, including but not limited to disputes relating to the interpretation, application, enforceability, conscionability, or formation of these Terms and this arbitration agreement; and
    • grant any relief that would otherwise be available in court, subject to the limitations of liability and damages exclusions set forth in these Terms.
  • Confidentiality of Arbitration. The arbitration and any related proceedings shall be confidential. Neither you, IncTime, the arbitrator, nor the Arbitration Provider may disclose the substance or outcome of the arbitration, except:
    • as necessary to prepare for or conduct the arbitration;
    • in connection with a court application for a preliminary remedy, confirmation or enforcement of an award, or judicial review; or
    • as otherwise required by applicable law.
  • Fees and Costs. Payment of arbitration fees shall be governed by the Arbitration Rules, subject to any limitations set forth in applicable law. Each party shall bear its own attorneys' fees and costs, except as otherwise provided under applicable law or by the arbitrator's award consistent with applicable law.
  • Opt-Out Right. If you do not wish to be bound by the arbitration provisions of these Terms, you may opt out by providing written notice to IncTime either by registered or certified mail to 300 E. 2nd Floor 15, Reno, NV 89501 or by e-mail to support@inctime.com within thirty (30) days after the date you first accept these Terms (the "Arbitration Opt-Out Period"). The notice must include your full name, the name of the entity (if any) on whose behalf you are acting, your mailing address, and a clear statement that you do not wish to resolve Disputes with IncTime through arbitration. If you opt out of arbitration, all Disputes shall be resolved exclusively in the courts specified in the Governing Law; Venue section of these Terms.
  • Severability of Arbitration Provisions. If any portion of this arbitration agreement is found to be unenforceable or unlawful, such portion shall be severed from these Terms, and the remaining portions of this arbitration agreement shall remain in full force and effect, except that:
    • if any portion of the prohibition on class or representative actions set forth above is found to be unenforceable or unlawful, then the entire arbitration agreement shall be null and void; and
    • in such case, any Dispute shall be resolved exclusively in the courts specified in the Governing Law; Venue section of these Terms.
  • Waiver of Jury Trial. To the maximum extent permitted by applicable law, you and IncTime hereby irrevocably waive any right to a trial by jury in any court proceeding arising out of or related to these Terms, the Site, or the Services.

Fees, Payment, and Refunds

  • Fees. Certain Services may be provided for a fee or other charge, as described on the Site or in a separate written or online order form (each, an "Order"). You agree to pay all applicable fees and charges incurred by you or on your behalf in accordance with the pricing, billing, and payment terms set forth in the applicable Order or on the Site at the time the fees become payable. State/Federal filing fees are billed separately at cost. Fees for annual compliance monitoring and registered agent are based on the membership package subscribed to located at inctime.com/pricing unless otherwise specified.
  • Billing and Payment. IncTime may require you to provide a valid payment method as a condition to signing up for or using certain Services. Fees are automatically billed monthly, or annually, as determined by each entity's filing schedule. You authorize IncTime (or its third-party payment processor) to charge your payment method for all amounts due and payable for the Services, including any applicable taxes. You represent and warrant that you have the legal right to use any payment method that you provide. By subscribing, you authorize IncTime to charge your payment method automatically at the start of each renewal period until cancellation.
  • Taxes. All fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature (collectively, "Taxes"), except for Taxes based on IncTime's net income. You are responsible for paying all Taxes associated with your purchases or use of the Services, and IncTime may invoice you for such Taxes as required by applicable law.
  • No Refunds. Except as expressly provided in an applicable Order or as required by applicable law, all fees and charges are nonrefundable, and there are no refunds or credits for partial periods of use, downgrades, or unused Services.
  • Changes to Fees. IncTime reserves the right to change its fees and charges at any time, provided that any such change will not apply retroactively to periods for which you have already paid. We will provide you with notice of any material fee changes by posting updated pricing on the Site or as otherwise required by any applicable Order.

Communications

By using IncTime, you agree to receive communications by email, phone, and SMS regarding your account, billing, compliance deadlines, and product updates. Service related communications are mandatory while promotional messages can be opted out either through your account settings, an unsubscribe link, replying "STOP" in SMS, or by verbally informing us over the phone to not receive further calls. Message and data rates may apply and are your sole responsibility.

Right to Refuse Service; Termination

  • Right to Refuse Service. IncTime reserves the right, in its sole discretion, to refuse to provide the Site or Services to any person or entity, and to refuse or cancel any Order, at any time and for any lawful reason or no reason, including, without limitation, in the event of any actual or suspected violation of these Terms, fraud, or other improper conduct.
  • Suspension and Termination by IncTime. IncTime may suspend or terminate your access to or use of the Site or Services, in whole or in part, at any time:
    • immediately, without notice, in the event of any actual or suspected violation of these Terms, or if your use of the Site or Services may, in IncTime's reasonable judgment, expose IncTime or any third party to liability, harm, or reputational damage; or
    • upon reasonable notice to you, if IncTime elects to discontinue the Site or any Services, or any portion thereof.
  • Termination by You. You may terminate your account and cease using the Site and Services at any time by following the instructions provided in your account settings or by contacting IncTime using the contact information provided on the Site. Termination by you will not relieve you of any obligation to pay any outstanding fees or charges accrued prior to termination.
  • Effect of Termination. Upon any suspension or termination of your access to or use of the Site or Services:
    • all rights and licenses granted to you under these Terms shall immediately cease;
    • you must immediately cease all use of the Site and Services;
    • IncTime may, but is not required to, delete or disable access to any Business Data or User Content in its possession, subject to any retention obligations imposed by applicable law or permitted under the Privacy Policy.
  • Survival. Any provisions of these Terms that, by their nature, should survive termination (including without limitation provisions relating to ownership, intellectual property, disclaimers of warranty, limitations of liability, indemnification, governing law, dispute resolution, and this survival clause) shall survive any termination or expiration of these Terms.

Miscellaneous

  • Entire Agreement. These Terms, together with the Privacy Policy, any applicable Additional Terms, and any Orders or separate written agreements between you and IncTime regarding specific Services, constitute the entire agreement between you and IncTime with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
  • Amendments. Except as expressly provided elsewhere in these Terms, any amendment, modification, or waiver of any provision of these Terms shall be effective only if in writing and signed or agreed to by an authorized representative of IncTime.
  • Assignment. You may not assign, delegate, or otherwise transfer these Terms, or any of your rights or obligations under these Terms, whether by operation of law or otherwise, without IncTime's prior written consent. IncTime may assign, delegate, or transfer these Terms, or any of its rights or obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
  • No Third-Party Beneficiaries. Except as expressly stated in these Terms, there are no intended third-party beneficiaries to these Terms, and nothing in these Terms is intended to confer any rights or remedies on any person or entity other than you and IncTime.
  • Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
  • Waiver. No failure or delay by IncTime in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of IncTime.
  • Notices. Unless otherwise specified in these Terms, any notices or communications to you may be provided by IncTime via email, postal mail, postings on the Site, or other reasonable means. Any notices to IncTime must be sent to the contact address specified on the Site or to such other address as IncTime may designate from time to time.
  • Headings. The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
  • Independent Contractors. The relationship between you and IncTime is that of independent contracting parties. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, fiduciary, employment, or other similar relationship between you and IncTime.
  • Force Majeure. IncTime shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure results from any cause or condition beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, labor disputes, governmental actions, failure of telecommunications or internet services, or interruptions of third-party services.

Acknowledgment

  • Acknowledgment of Terms. By accessing or using the Site or the Services, you acknowledge that:
    • you have read and understood these Terms;
    • you agree to be bound by these Terms; and
    • you have had the opportunity to consult with independent legal counsel of your choosing before agreeing to these Terms, and you either have done so or have voluntarily chosen not to do so.
  • Authority. If you are agreeing to these Terms on behalf of an entity, you further represent and warrant that you have the authority to bind that entity to these Terms, and that such entity agrees to be bound by these Terms.