Profenor — Terms of Service

Effective date: July 22, 2026

These Terms of Service (“Terms”) are a binding agreement between you and RJ-DCF LLC (“Company,” “we,” “us,” or “our”), a Texas limited liability company, which operates the Profenor service (“Profenor,” the “Service”).

1. Agreement and acceptance

By checking the acceptance box at sign-up, creating an account, or using Profenor and its websites, applications, and APIs (the “Service”), you (“Customer,” “you”) agree to these Terms. Your assent is captured by an affirmative click (“clickwrap”) at registration. If you use the Service on behalf of a business or other entity, you represent that you are authorized to bind that entity, and “you” includes that entity. You must be at least 18 years old. If you do not agree, do not use the Service.

2. The Service and the bookkeeping-guidance disclaimer (condition of use)

The Service is bookkeeping software for Shopify and direct-to-consumer (“DTC”) sellers that computes per-order profit, categorizes expenses with IRS code-section references, produces profit-and-loss reports, and tracks multi-state sales-tax nexus signals.

Geographic scope (US-only). The Service is offered only to businesses based in the United States and is not directed to, intended for, or made available to users, residents, or businesses located anywhere outside the United States — including, without limitation, the European Union, the United Kingdom, Canada, and all other countries or jurisdictions. We do not target any non-U.S. market, and you represent that you are accessing the Service from, and operating a business in, the United States. If we expand outside the United States in the future, we will update these Terms and our Privacy Policy accordingly.

YOU ACKNOWLEDGE AND AGREE, AS AN EXPRESS CONDITION OF USING THE SERVICE, THAT: - The Service provides bookkeeping guidance and general informational content only. It is NOT tax, legal, or accounting advice, and we are NOT a CPA firm, law firm, or enrolled agent. - IRS code-section references, categorizations, profit figures, P&L outputs, and sales-tax nexus signals are informational and may be incomplete or inaccurate for your specific situation. - You are solely responsible for verifying all figures, categorizations, and references with a qualified professional (e.g., a CPA or tax attorney) before relying on them or filing anything with any tax authority. - No fiduciary, advisory, or professional-client relationship is created by your use of the Service.

In addition, the Service does not determine the proper tax treatment of any transaction, deduction, credit, accounting method, nexus determination, filing position, legal obligation, or compliance requirement. Any IRS Code reference, Treasury Regulation reference, publication reference, expense categorization, deduction suggestion, or nexus indicator is provided solely for informational and educational purposes to facilitate discussions with the user’s independent CPA, tax advisor, or legal counsel.

Customer remains solely responsible for all accounting decisions, tax positions, tax elections, filings, remittances, registrations, nexus determinations, and compliance obligations.

This disclaimer is also surfaced at the point of output, including adjacent to IRS code-section citations and nexus outputs within the Service.

The foregoing disclaimers apply equally to any free calculators, lookup tools, educational resources, checklists, demos, reports, or other informational features made available on our public marketing website, whether or not you create an account or become a customer. All such materials are provided solely for general educational and informational purposes, do not constitute tax, legal, accounting, financial, or other professional advice, and should not be relied upon as a substitute for advice from your own qualified professional.

2.1 No Reliance

Customer acknowledges that the Service’s outputs are informational and that Customer has not relied upon them as tax, legal, or accounting advice or as a substitute for review by a qualified professional.

3. Accounts

You must provide accurate, current information, keep your credentials secure, and you are responsible for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or pose a security or legal risk.

4. Acceptable use

You agree not to: (a) use the Service for any unlawful purpose; (b) reverse engineer, decompile, or attempt to derive source code; (c) scrape, resell, sublicense, or provide the Service to unrelated third parties; (d) share access across unrelated businesses; (e) upload malware or attempt to breach security or access another customer’s data; or (f) interfere with the integrity or performance of the Service.

5. Subscriptions, free trial, billing, auto-renewal, cancellation, and refunds

• Fees. Paid plans are billed in advance through our payment processor (currently Stripe) on a monthly or annual basis at the prices stated at sign-up. Subscriptions purchased through the Shopify App Store are billed through Shopify Billing once that billing rail is available. Before you are charged, we clearly and conspicuously disclose the length of the subscription term, the recurring price, and the renewal frequency, and we obtain your affirmative consent to those terms. Taxes are your responsibility where applicable.
• 14-day free trial. New paid subscriptions begin with a 14-day free trial. A valid payment method is required to start the trial, but we will not charge you during the trial. Unless you cancel before the trial ends, your subscription automatically converts to the paid plan and your payment method is charged the then-current fee. We will send you an email reminder at least 3 days and no more than 7 days before your free trial ends and your first charge posts, disclosing the charge date, the recurring amount, the renewal frequency, and a one-click link to cancel. You may cancel online at any time — through your Profenor account settings if you subscribed through Stripe, or through your Shopify subscription-management settings (or by uninstalling the Profenor app) if you subscribed through Shopify Billing, as described under “Cancellation” below. (Free or discounted founding-member access is separate — see the Founding Member Access & Feedback Agreement — is a limited promotional arrangement, and confers no perpetual entitlement.)
• Automatic renewal (auto-renewal disclosure). AFTER ANY FREE TRIAL, YOUR SUBSCRIPTION AUTOMATICALLY RENEWS AT THE THEN-CURRENT PRICE FOR SUCCESSIVE PERIODS OF THE SAME LENGTH UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. At sign-up we disclose the trial length, the renewal frequency, the recurring amount, and how to cancel, and we obtain your affirmative consent to these recurring charges. For annual plans, we will send a renewal reminder before each renewal, and in any event no fewer than 15 and no more than 45 days before the renewal date (or within any shorter/longer window your state’s law specifically requires), disclosing the renewal date, the recurring amount, the renewal frequency, and how to cancel. You may cancel online at any time — through your Profenor account settings if you subscribed through Stripe, or through your Shopify subscription-management settings (or by uninstalling the Profenor app) if you subscribed through Shopify Billing, as described under “Cancellation” below. We retain records of your affirmative consent to the trial and renewal terms for at least 3 years. Where you subscribe through Shopify Billing, billing and renewal are also handled through Shopify's billing system on the same recurring terms disclosed to you before purchase, and the reminders described in these Terms apply regardless of which billing rail you use. If you hold a founding-member or other promotional rate that we have committed to lock, that locked rate — not a higher then-current price — is the price that automatically renews for as long as your subscription remains continuously active, as provided in the Founding Member Access & Feedback Agreement.
• Cancellation (cancel anytime; click-to-cancel). You may cancel at any time, and we make cancellation at least as easy as sign-up on whichever billing rail you used. If you subscribed through Stripe (card billing managed by us), you may cancel directly in your account settings in a few clicks — no phone call or email required — or by sending a cancellation request to us at the address in §16, which we will honor. If you subscribed through Shopify Billing, you may cancel at any time by uninstalling the Profenor app from your Shopify admin (and, where Shopify makes an in-admin subscription-management option available, through that setting); uninstalling stops all future charges, and the cancellation takes effect at the end of your current Shopify billing period. On either rail, cancellation stops all future charges and takes effect at the end of the current paid period; you keep access until then. There are no cancellation fees and no partial-period refunds. On cancellation you may export your data during the 30-day window described in §10, after which it is deleted or anonymized.
• Refunds. Paid subscriptions that begin with a 14-day free trial are non-refundable once charged, including for partial periods, because the trial serves as your risk-free evaluation period. Founding members do not receive a 14-day trial; instead they receive free access through the full Founding Period and are never charged without affirmatively opting in at its end. The refundable founding reservation deposit is governed by the Founding Member Access & Feedback Agreement. We will always honor any refund required by applicable law. Free and promotional access is non-refundable because no fee is paid, except for the refundable founding reservation deposit, which is a fee paid and is governed by (and refundable under) the Founding Member Access & Feedback Agreement.

6. Intellectual property, customer data, and licenses

• You own your data, including orders, payouts, transactions, SKU costs, and uploaded files (“Customer Data”).
• Limited license. You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, support, and maintain the Service for you, and to produce aggregated or de-identified statistics that do not identify you or any individual. We do not sell or share Customer Data, do not use it for advertising, and do not use your financial data to train generalized or third-party machine-learning models. This license ends when Customer Data is deleted or your account is closed, subject to §10, Article 17, and legal retention obligations.
• Third-party services. We use third parties to provide the Service (e.g., Shopify for store data, Stripe for billing, Render for hosting). Your use of connected services is also governed by their terms.
• Our intellectual property. We and our licensors own all right, title, and interest in and to the Service, including all software, code, content, designs, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription, solely for your own internal business purposes. No rights are granted except as expressly stated; you may not copy, modify, distribute, or create derivative works of the Service, or use our trademarks without our prior written consent.
• Feedback. If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and incorporate them into the Service without restriction, attribution, or obligation to you.
• Suspension for non-payment. We may suspend the Service after reasonable notice if a payment is past due, and restore it on payment.

7. Data processing and security

• Data Processing & Service-Provider Terms. The data-processing terms that govern personal information you submit through the Service — including our role as a service provider/processor, CPRA service-provider commitments, Shopify Protected Customer Data obligations, subprocessors, security measures, breach notification, and deletion/return — are set out in Article 17 (Data Processing & Service-Provider Terms) of these Terms and form part of this agreement. Because the Service is offered to US-based businesses only, EU Standard Contractual Clauses are not currently relied upon.
• Security. We maintain commercially reasonable, industry-standard administrative, technical, and organizational safeguards, including encryption in transit and at rest, encrypted third-party access tokens, and strict multi-tenant isolation. No method of transmission or storage is perfectly secure, and we do not guarantee absolute security.

8. Disclaimers of warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY NUMBER, CATEGORIZATION, IRS REFERENCE, P&L OUTPUT, OR NEXUS SIGNAL IS ACCURATE, COMPLETE, OR SUITABLE FOR FILING. IT IS GUIDANCE ONLY; CONFIRM WITH YOUR CPA. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

The disclaimers in this Section also apply to all free website tools, calculators, lookup features, educational content, and similar resources made available by the Company, whether accessed by registered users or website visitors.

9. Limitation of liability (read carefully)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, AND WE WILL NOT BE LIABLE FOR ANY TAX PENALTIES, INTEREST, OR FILING ERRORS ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations also apply to any claim arising from the use of free website tools, calculators, lookup features, educational content, or similar informational resources provided on our public marketing website, regardless of whether the user has registered for an account or purchased the Service.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this Section apply regardless of the legal theory asserted and specifically apply to claims arising from data loss, service interruptions, API failures, third-party platform outages, calculation errors, reporting inaccuracies, security incidents, or unauthorized access to Customer Data, except to the extent liability cannot legally be limited under applicable law.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR (TO THE EXTENT APPLICABLE) BODILY INJURY OR DEATH.

If any limitation or exclusion in this Section is held unenforceable, it will be reformed to the minimum extent necessary to make it enforceable, and the remainder of these Terms remains in effect.

10. Term, termination, and data export

These Terms apply while you use the Service. Either party may terminate per the applicable plan terms or for material breach. On termination or expiration, store, connected, and financial data will be deleted or anonymized within 30 days of account closure (a window that also allows you to re-activate or export your data during that period), except that billing and transaction records are retained only as long as required by applicable law (e.g., tax). This is reconciled with the retention schedule in our Privacy Policy and in Article 17. Sections 2, 2.1, 6, 8, 9, 11, 13, 14, 15, and 17 survive termination.

11. Indemnification

You agree to defend, indemnify, and hold harmless RJ-DCF LLC and our officers, members, employees, and agents from any third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising out of: (a) your Customer Data; (b) your use of the Service; (c) your tax, accounting, or financial filings or decisions; or (d) your breach of these Terms or violation of law. Procedure: We will (i) promptly notify you of the claim (a delay does not relieve you except to the extent prejudiced), (ii) give you sole control of the defense and settlement (provided that no settlement imposing liability or admission on us is made without our prior written consent), and (iii) reasonably cooperate at your expense. We may participate with our own counsel at our own cost.

12. Changes to the Service or Terms

We may modify the Service or these Terms. For material changes to these Terms, we will provide reasonable advance notice (e.g., by email or in-app notice) and update the effective date. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel.

13. Governing law and venue

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws rules. Subject to §14, the exclusive venue for any dispute is the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction there.

14. Dispute resolution — arbitration and class-action waiver

Please read this section carefully; it affects how disputes are resolved. - Informal resolution first. Before initiating arbitration, the parties will attempt to resolve any dispute informally by written notice for at least 30 days. - Binding arbitration. Except for claims that qualify for small-claims court and except for injunctive relief to protect intellectual property or data, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial (or Consumer, as applicable) Arbitration Rules, seated in Harris County, Texas. The Federal Arbitration Act governs the interpretation and enforcement of this section. - Small-claims carve-out. Notwithstanding the arbitration commitment, either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies to be heard there. - CLASS-ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If the Class-Action Waiver is found unenforceable as to any claim, then arbitration shall not apply to that claim, which shall instead proceed in the courts of Harris County, Texas; the remainder of this Section survives. - Opt-out. You may opt out of this §14 by written notice to us within 30 days of first accepting these Terms; opting out does not affect the other Terms. - Mass-arbitration / batching and delegation. If twenty-five (25) or more substantially similar arbitration demands are filed against either party by the same or coordinated counsel within a one-hundred-eighty (180) day period, the parties agree that such claims shall be administered in coordinated batches pursuant to procedures established by the arbitration administrator. The arbitrator shall have exclusive authority to determine the scope, enforceability, and applicability of this arbitration provision.

15. Miscellaneous

These Terms, the Privacy Policy, and any order form are the entire agreement. The Data Processing & Service-Provider Terms in Article 17 form part of these Terms. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. Notices to you may be given by email or in-app.

16. Contact

RJ-DCF LLC · info@profenor.com · 3707 Cypress Creek Parkway, Ste 310 #2006, Houston, TX 77068

17. Data Processing & Service-Provider Terms

This Article governs the processing of personal information you submit through the Service. It forms part of these Terms. In the event of a conflict between this Article and the body of these Terms with respect to the processing of Personal Information, this Article controls — except that the limitation of liability in §9 governs in all events, as stated in §17.13.

17.1 Parties and roles

• Company acts as a processor and, for purposes of the California Consumer Privacy Act as amended by the CPRA (“CPRA”), a service provider, processing Personal Information on behalf of and at the direction of Customer.
• Customer acts as the controller and, for CPRA purposes, the business, and determines the purposes and means of processing.
• Where Company independently determines purposes and means (for example, its own billing, account administration, security, and product-improvement using aggregated or de-identified data), Company acts as a controller/business for that limited processing, governed by the Privacy Policy rather than this Article.

17.2 Definitions

• “Personal Information” means information that identifies, relates to, or could reasonably be linked to an identified or identifiable individual or household, processed by Company on behalf of Customer under these Terms. It includes “personal information” under the CPRA.
• “Protected Customer Data” (“PCD”) means the protected customer data Company accesses through the Shopify platform, as defined by Shopify’s Protected Customer Data requirements (e.g., end-customer information associated with orders).
• “Processing” means any operation performed on Personal Information, including collection, use, storage, disclosure, and deletion.
• “Subprocessor” means a third party engaged by Company to process Personal Information on Company’s behalf.
• “Consumer Request” means a verifiable request from a data subject/consumer to exercise rights under applicable law (e.g., access, deletion, correction, opt-out of sale/share).
• “Security Incident” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Information.

17.3 Scope and subject matter of processing

• Subject matter: provision of the Service — bookkeeping software for Shopify and DTC sellers that computes per-order profit, categorizes expenses with IRS code-section references, produces P&L reports, and tracks multi-state sales-tax nexus signals.
• Duration: the term of these Terms, plus the retention/deletion periods in §17.11.
• Nature and purpose: processing necessary to provide, secure, support, and maintain the Service for Customer.
• Categories of data subjects: Customer’s authorized users and Customer’s end customers (via connected store data).
• Categories of Personal Information: identifiers (name, email, business name); commercial/financial information (orders, payouts, SKU costs, imported transactions); internet/usage activity; and PCD associated with orders.

17.4 Processing on documented instructions

• Company processes Personal Information only on Customer’s documented instructions, which are set out in these Terms, this Article, and Customer’s authorized configuration and use of the Service, including instructions given through the Service’s features.
• Company processes Personal Information to provide the Service and will not process it for any other purpose, except as required by applicable law. If Company is legally required to process beyond Customer’s instructions, it will inform Customer where lawful to do so.
• Company will notify Customer if, in its opinion, an instruction infringes applicable data-protection law.
• Persons authorized by Company to process Personal Information are bound by confidentiality obligations.

17.5 CPRA service-provider terms

• Company is a service provider and processes Personal Information solely to perform the services specified in these Terms and this Article.
• Company will not sell or share Personal Information (as “sell” and “share” are defined under the CPRA).
• Company will not retain, use, or disclose Personal Information for any purpose other than the business purposes specified in these Terms, or as otherwise permitted by the CPRA, including not for any “commercial purpose” other than providing the Service.
• Company will not combine Personal Information received from Customer with Personal Information from other sources, except as permitted by the CPRA to perform a business purpose.
• Company will assist Customer in responding to consumer rights requests (access, deletion, correction) within applicable statutory timelines, as further described in §17.9.
• Customer may, upon notice, take reasonable and appropriate steps to stop and remediate any unauthorized use of Personal Information by Company, and to ensure that Company uses Personal Information consistent with Customer’s obligations under the CPRA. Company will, upon Customer’s reasonable request, make available information necessary to demonstrate compliance with this Article.
• Company will notify Customer promptly if it determines that it can no longer meet its obligations under the CPRA, and Customer may, upon such notice, take reasonable steps to stop and remediate unauthorized processing.
• Company certifies that it understands and will comply with these restrictions.

17.6 Shopify Protected Customer Data (Level 2 — elevated) and data minimization

• Company accesses and processes PCD only as needed to provide the Service’s bookkeeping functions and practices data minimization, requesting and retaining only the PCD fields necessary for per-order profit, P&L, and nexus calculations.
• PCD is used solely to provide merchant-requested bookkeeping, profitability, reporting, and tax-related informational services and is not used for advertising, marketing profiling, cross-customer analytics, or generalized artificial-intelligence model training.
• Company maintains the elevated (Level 2) Protected Customer Data protections required by Shopify for the categories of PCD it processes, including encryption of PCD in transit and at rest, access controls and least-privilege access, data-minimization and retention limits, and the security measures described in §17.7. Company honors deletion and access obligations under §17.9 and §17.11.

17.7 Security measures

• Company maintains commercially reasonable, industry-standard administrative, technical, and organizational safeguards designed to protect Personal Information, consistent with the security commitments in §7 of these Terms and the Privacy Policy, including encryption in transit (TLS) and at rest, encryption of third-party access tokens, access controls, and strict multi-tenant isolation. These safeguards include encryption of backups, logical separation of test and production environments, a data-loss-prevention program, least-privilege staff access with logging of access to Protected Customer Data, strong-authentication requirements for staff, and a documented security incident response policy.
• Company will make available information reasonably necessary to demonstrate compliance with this Section.
• No method of transmission or storage is perfectly secure, and no security safeguards can eliminate all risk; Company does not guarantee that unauthorized access, cyberattacks, or security incidents will never occur.

17.8 Subprocessors

• Customer authorizes Company to engage Subprocessors to process Personal Information in connection with the Service. As of the Effective Date, the Subprocessors are:

• Company imposes data-protection and confidentiality obligations on each Subprocessor that are no less protective than those in this Article (flow-down) and remains responsible for each Subprocessor’s performance.
• Company’s use of a Subprocessor does not constitute a transfer of responsibility for Customer Data. Company will exercise reasonable care in selecting and retaining Subprocessors and will require contractual confidentiality and data-protection obligations appropriate to the nature of the services provided.
• Company will provide Customer advance notice of any intended addition or replacement of a Subprocessor that materially affects the processing of Personal Information, giving Customer a reasonable opportunity to object on reasonable data-protection grounds. If Customer reasonably objects and the parties cannot resolve the objection, Customer’s sole remedy is to terminate the affected portion of the Service.

17.9 Assistance with data-subject / consumer requests

• Taking into account the nature of the processing, Company will provide reasonable assistance to enable Customer to respond to Consumer Requests — including access, deletion, and correction requests — within the timelines required by applicable U.S. state privacy laws (including the CPRA, the Texas Data Privacy and Security Act, and the Virginia, Colorado, Connecticut, and similar state laws), including through the Service’s in-app data tools.
• If Company receives a Consumer Request directly relating to Customer’s Personal Information, Company will, where lawful, route the request to Customer rather than responding directly, except as required by law.

17.10 Security Incident notification

• Company will notify Customer without undue delay after becoming aware of a Security Incident affecting Customer’s Personal Information, consistent with the timing in Company’s Security Policy and Incident Response Plan, and will provide information reasonably available to Company to help Customer meet its own notification obligations.
• Company will notify Customer without undue delay and, where feasible, within seventy-two (72) hours of confirming a reportable Security Incident, consistent with Company’s Security Policy and Incident Response Plan and applicable U.S. state law.
• Company will provide notices required of it under applicable law.
• Notification of a Security Incident is not an acknowledgment of fault or liability.

17.11 Retention and deletion / return on termination

• Company retains Personal Information in accordance with the retention schedule in the Privacy Policy, which is incorporated here:

• On termination or expiration of these Terms, Company will, at Customer’s choice, return or delete Personal Information in accordance with the schedule above, except where retention is required by applicable law (e.g., billing records). The Connected Store and Financial Data window permits Customer export before deletion or anonymization, consistent with §10.

17.12 Geographic scope (US-only)

• The Service is offered to US-based businesses only and is not directed to, or available to, users located anywhere outside the United States (including, without limitation, the European Union, the European Economic Area, and the United Kingdom). Accordingly, GDPR/UK GDPR obligations — including EU Standard Contractual Clauses, the UK Addendum, and the appointment of an Art. 27 representative — do not currently apply.
• If Company intentionally offers services to, or monitors the behavior of, individuals located outside the United States (including within the EEA or UK) in the future, the parties will execute appropriate transfer mechanisms (including SCCs where applicable) and Company will update these Terms accordingly.

17.13 Liability

• Each party’s liability arising out of or related to this Article — including liability arising from the processing of Personal Information or from a Security Incident — is subject to the limitations of liability set out in §9 of these Terms, including the aggregate liability cap, except to the extent liability cannot legally be limited under applicable law. This Article does not create any uncapped indemnity and does not increase a party’s aggregate liability beyond the §9 cap. Except where prohibited by applicable law, the liability limitations, exclusions, and caps set forth in these Terms of Service apply to this Article and all claims arising from or related to the processing of Personal Information.

17.14 Governing law; order of precedence

• This Article is governed by the laws of the State of Texas, USA, consistent with §13 of these Terms, without regard to conflict-of-laws rules.
• This Article forms part of and is subject to these Terms. Except as expressly modified here, the body of these Terms remains in full force, and §9 (Limitation of liability) governs in all events.

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