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Plain-English summary
The terms of service contain several critical clauses that users should be aware of. You waive certain claims against FreshBooks, and there are explicit limitations on FreshBooks' liability for damages or issues with their service, including a cap on aggregate liability and no liability for third-party offerings or user content (risk_flags-2, risk_flags-3, risk_flags-4). Claims must be resolved through mandatory arbitration, not in court. If a third party accesses your User Content through your FreshBooks account via the API, the company states it's not responsible or liable for how that third party uses your content (risk_flags-1). Furthermore, if your account is inactive for a period, FreshBooks may deactivate and eventually delete your account and content without notice (risk_flags-6).
90% confidence
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Risk Flags
6 findings
Critical issues and red flags that could lead to significant harm or privacy concerns.
high95% confidence
Liability for third-party use of your data
The company states that if a third party is authorized through your FreshBooks account to have access to your User Content through the FreshBooks API, the company cannot control and is not responsible or liable for the third party’s use of your User Content.
Why it matters: You bear the risk and potential harm from how third parties use your content once they are granted access through your account. The company explicitly states it is not responsible or liable for their actions.
If a third party is authorized through your FreshBooks account to have access to your User Content through the FreshBooks API, we cannot control and are not responsible or liable for the third party’s use of your User Content.
Ownership and License to User Content, paragraph 4 · Citation strength: strong
high90% confidence
Waiver of claims against the company
You waive and shall not assert any claims or allegations of any nature whatsoever against FreshBooks and other 'Released Parties' arising out of or in any way relating to your use of the Services or Content, including claims relating to infringement of proprietary rights or that any Released Party should indemnify you.
Why it matters: You give up your right to sue FreshBooks or related parties for any claims arising from your use of the services, which could limit your legal recourse for potential harm.
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST FRESHBOOKS, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO INFRINGEMENT OF PROPRIETARY RIGHTS, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER
Ownership and License to User Content, paragraph 4 · Citation strength: strong
high90% confidence
Account deletion for inactivity
If your account is inactive for at least two months, the company may deactivate it. If deactivated for thirty days without contact, the company may delete your account and permanently delete or irreversibly anonymize your User Content without notice.
Why it matters: Your account and data can be permanently deleted without warning if you don't use it for a prolonged period, leading to potential loss of your data.
If your account is inactive for at least two months (as determined by FreshBooks), we may deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support@freshbooks.com . FreshBooks reserves the right to charge a data storage fee for storage of the information associated with deactivated accounts. If your account has been deactivated for thirty (30) days and we don’t hear from you, we may delete your account at any time, and permanently delete or irreversibly anonymize your User Content, without notice.
You waive any moral rights or other rights of authorship as a condition of submitting any User Content.
Why it matters: You give up certain non-economic rights related to your content, such as the right to be identified as the author, which can be important for creators.
You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
Ownership and License to User Content, paragraph 3 · Citation strength: strong
medium90% confidence
No guarantee of personal information security
While the company attempts to protect personal information, it cannot guarantee the security of personal information transmitted through the Site or Application.
Why it matters: There is a risk that your personal information could be compromised, as the company states it cannot guarantee its security during transmission.
While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Site or Application. No system is perfectly secure or reliable, and transmission of information via the Internet is not completely secure.
Security, paragraph 1 · Citation strength: strong
medium90% confidence
License for archival copies of user content after termination
The company may retain an archival copy of your User Content after termination and you grant them a non-exclusive, perpetual, irrevocable license to maintain such archival copy for their internal business purposes.
Why it matters: Even after you terminate your account, the company can keep copies of your user content indefinitely for their business purposes, which could prolong the exposure of your data.
We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
How the company collects, uses, and shares your data, and what control you have over it.
✓
Looking good
No data-use concerns flagged
Verbaterm only flags concerns it can cite. No source-backed data-use findings are shown here.
Cancellation and Renewal
All clear
How to cancel the service, what happens upon renewal, and any associated costs or penalties.
✓
Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Gotchas
All clear
Potentially overlooked clauses that could lead to unexpected costs, limitations, or obligations.
✓
Looking good
No hidden gotchas
Verbaterm only flags concerns it can cite. Nothing easy-to-miss stood out in this section.
Protections
3 findings
Commitments and features that benefit users, offering them control, recourse, or safeguards.
Protection95% confidence
Requirement to be 18 or older for service use
The Services are not intended for use by children. Users must be at least eighteen (18) years old, and if a user is determined to be under 18, their use of the Services will be terminated.
Why it helps: This helps protect minors by ensuring that individuals under 18 are prevented from using the service, reducing potential risks associated with online platforms for younger users.
You must be at least eighteen (18) years old to use the Services. If we determine that a User is under the age of eighteen (18), we will terminate that User’s use of the Services.
Updates to these Terms, paragraph 2 · Citation strength: strong
Protection95% confidence
Ability to opt-out of sharing personal information
Users who wish to exercise privacy rights or opt-out of the sharing of their personal information may do so in accordance with FreshBooks’ privacy policy, which describes User rights including access, correction, deletion, and opt-out mechanisms required by applicable laws. Additional information and opt-out request directions are available via email.
Why it helps: This provides users with control over their personal information by offering mechanisms to opt-out of sharing and exercise other privacy rights, helping to protect their privacy.
Users who wish to exercise privacy rights or opt-out of the sharing of their personal information may do so in accordance with FreshBooks’ privacy policy located “ here ”describing User rights, including access, correction, deletion and opt-out mechanisms required by applicable laws. Additional information regarding the collection, use, and sharing of data, and directions for submitting an opt-out request via email are available at Support@freshbooks.com .
Privacy Policy and Data Processing, paragraph 1 · Citation strength: strong
Protection95% confidence
User ownership of User Content
Users retain all ownership rights to their User Content.
Why it helps: This clause confirms that users maintain intellectual property rights over their content, which is a significant protection for creators and content owners.
For clarity, Users retain all ownership rights to User Content.
Ownership and License to User Content, paragraph 3 · Citation strength: strong
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