YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “ACCEPT TERMS” BUTTON, REGISTERING FOR AN ANY EXPENSE ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE ANY EXPENSE SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE ANY EXPENSE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE ANY EXPENSE SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Content” means text, graphics, photos, music, software, audio, video, information or other materials.
“Any Expense Content” means Content that Any Expense makes available through the Site or Any Expense Service, including any Content licensed to Any Expense from a third party, but excluding Member Content.
“Member” means a person or entity who completes Any Expense’s account registration process, as described under “Account Registration” below.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Any Expense Service, including, without limitation, comments to the Any Expense blog.
“Site Content” means Any Expense Content and Member Content.
Any Expense reserves the right, at its sole discretion, to modify, discontinue or terminate the Any Expense Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Any Expense Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Any Expense Service.
Certain portions of the Any Expense Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. Any Expense may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Any Expense Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the Any Expense Service.
By accessing or using the Any Expense Service you represent and warrant to Any Expense that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent’s permission to use the Any Expense Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Any Expense Service and take full responsibility for the selection and use of and access to the Any Expense Service. These Terms of Service are void where prohibited by law, and the right to access the Any Expense Service is revoked in such jurisdictions.
In order to access the Any Expense Service, you must register to create an account (“Account“) and become a Member. When registering with Any Expense you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Any Expense Service’s registration form (such information being the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Any Expense Service (or any portion thereof).
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the Any Expense Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Any Expense of any unauthorized use of your user ID or password or any other breach of security. Any Expense cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, Any Expense will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.
Fees and Payment
Signing up for an Any Expense account is free for Members who register as individuals. The free use of various offerings within the Any Expense Service, including but not limited to add expense record and some functionalities of Expense Processing, are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to paid services or to provide payment information to Any Expense after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the Any Expense Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of Any Expense Service and/or any related transactions (except for taxes assessed on Any Expense’s net income or personal property).
If your selected Any Expense Service package requires a recurring subscription fee, your Any Expense Service package will automatically renew, unless we terminate it, or you notify us by email (firstname.lastname@example.org) of your decision to terminate your current Any Expense Service package. You must cancel any such Any Expense Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are non-refundable and there are no refunds or credits for partially used periods.
License granted by Any Expense
Subject to your compliance with these Terms of Service, Any Expense grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, with respect to any App Store Sourced Application (defined below in the Section entitled “Accessing and Downloading the Application from iTunes”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Any Expense reserves all rights in the Application not expressly granted to you by these Terms of Service.
Any Expense Service. Any Expense shall own and retain all right, title, and interest in and to the Any Expense Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Any Expense Service or otherwise use the Any Expense Service in any way that violates the use restrictions contained in these Terms of Service. Any Expense does not grant to Member any license, express or implied, to the intellectual property of Any Expense or its licensors. Member further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Any Expense Service is considered the confidential and proprietary information of Any Expense.
Member Data. Subject to the section below labelled “Assignment of Certain Member Data“, Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to Any Expense in connection with its use of the Any Expense Service and (b) reports and other materials generated by the Any Expense Service following such transmission (collectively, “Member Data“), provided, however, that Member hereby grants to Any Expense a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member’s use of the Any Expense Service solely for purposes of (x) maintaining and improving the Any Expense Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member’s use of the Any Expense Service compiled by Any Expense solely for marketing purposes or distribution to third party research firms.
Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an expense report to any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any expense reports) for personal recordkeeping purposes.
Any Expense Logos and Designs. Any Expense’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Any Expense in the Hong Kong and/or other countries. Any Expense’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Any Expense’s prior written permission.
Member Art. Member shall retain all right, title and interest in and to all of Member’s logos, promotional graphics and related marketing designs (collectively, the “Member Art“), provided, however, that Member hereby grants to Any Expense a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Any Expense’s products and services to third parties, subject to Member’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Any Expense Service (“Feedback“). You may submit Feedback by emailing us at email@example.com or through the “Help” section of the Any Expense Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of Any Expense and you hereby irrevocably assign to Any Expense and agree to irrevocably assign to Any Expense all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Any Expense’s request and expense, you will execute documents and take such further acts as Any Expense may reasonably request to assist Any Expense to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Any Expense Service, or any individual element within the Any Expense Service, Any Expense’s name, any Any Expense trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Any Expense’s express written consent;
Access, tamper with, or use non-public areas of the Any Expense Service, Any Expense’s computer systems, or the technical delivery systems of Any Expense’s providers;
Attempt to probe, scan, or test the vulnerability of any Any Expense system or network or breach any security or authentication measures;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Any Expense Service or staff member of Any Expense.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Any Expense or any of Any Expense’s providers or any other third party (including another user) to protect the Any Expense Service or Site Content;
Attempt to access or search the Any Expense Service or Site Content or download Site Content from the Any Expense Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Any Expense or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Any Expense Service to the mobile numbers of people you do not know);
Use or disclose any Any Expense Confidential Information, except as otherwise explicitly set forth herein.
Use any meta tags or other hidden text or metadata utilizing a Any Expense trademark, logo URL or product name without Any Expense’s express written consent;
Use the Any Expense Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Any Expense Service or Site Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Any Expense Service or Site Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Any Expense Service;
Collect or store any personally identifiable information from the Any Expense Service from other users of the Any Expense Service without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual or entity to do any of the foregoing.
Any Expense will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Any Expense may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Any Expense has no obligation to monitor your access to or use of the Any Expense Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Any Expense Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Links to Third-Party Websites
Termination and Account Cancellation
If you breach any of these Terms of Service, Any Expense will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Any Expense reserves the right to revoke your access to and use of the Any Expense Service at any time, with or without cause. In the event Any Expense terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder.
THE ANY EXPENSE SERVICE AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ANY EXPENSE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ANY EXPENSE MAKES NO WARRANTY THAT THE ANY EXPENSE SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ANY EXPENSE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, ANY EXPENSE SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE ANY EXPENSE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE ANY EXPENSE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY EXPENSE OR THROUGH THE ANY EXPENSE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ANY EXPENSE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ANY EXPENSE SERVICE. YOU UNDERSTAND THAT ANY EXPENSE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE ANY EXPENSE SERVICE, NOR DOES ANY EXPENSE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE ANY EXPENSE SERVICE. ANY EXPENSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE ANY EXPENSE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE ANY EXPENSE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ANY EXPENSE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ANY EXPENSE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Any Expense, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Any Expense Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY EXPENSE SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER ANY EXPENSE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ANY EXPENSE SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, ANY EXPENSE SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR ANY EXPENSE SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF ANY EXPENSE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ANY EXPENSE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE ANY EXPENSE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXPENSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ANY EXPENSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF ANY EXPENSE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE ANY EXPENSE SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ANY EXPENSE FOR USE OF THE ANY EXPENSE SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ANY EXPENSE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
You acknowledge and agree that (i) these Terms of Service are concluded between you and Any Expense only, and not Apple, and (ii) Any Expense, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Any Expense and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Any Expense.
You and Any Expense acknowledge that, as between Any Expense and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Any Expense acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Any Expense and Apple, Any Expense, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
You and Any Expense acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between Any Expense and you regarding the Any Expense Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Any Expense and you regarding the Any Expense Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Any Expense’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Any Expense may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Any Expense (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Any Expense to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Any Expense. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Contacting Any Expense
If you have any questions about these Terms of Service, please contact Any Expense at firstname.lastname@example.org