Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of The Cloud CAS, a cloud-based computerized accounting system, and the website at thecloudcas.com (together, the "Service"). The Service is provided by Analytica Business Solutions Inc., a corporation organized under the laws of the Republic of the Philippines with principal office in Guagua, Pampanga, Philippines ("we", "us" or "our").

By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organization, you confirm that you are authorized to bind that organization, and "you" and "Customer" refer to that organization.

1. Definitions

• Account means the access we set up for a Customer, including each of its companies and users.
• Company means a business entity (with its own Taxpayer Identification Number and invoice series) that a Customer manages in the Service.
• Customer Data means all data that you or your users submit to or generate in the Service, including sales records, invoices, credit memos, refund vouchers, books of accounts, attachments and the personal data of your customers.
• Order Form means the quotation, proposal or agreement signed or accepted by you that states your plan, fees and subscription term.
• User means an individual you authorize to access the Service under your Account.

2. Accounts and access

1. No self-registration. Accounts are created by us after you sign an Order Form. You may request a demo or quotation through our website, but submitting an inquiry does not create an Account or a contract.
2. Users. You are responsible for the Users you add, the roles you assign them, and all activity under their credentials. Users must keep their passwords and any manager PINs confidential and must not share accounts.
3. Security. You must notify us promptly at support@thecloudcas.com if you suspect unauthorized access to your Account. We strongly recommend enabling two-factor authentication for all Users.
4. Accuracy. You must give us accurate company and contact information and keep it up to date.

3. Subscription, fees and payment

1. Fees. You agree to pay the fees stated in your Order Form. Unless the Order Form states otherwise, fees are quoted in Philippine pesos and are exclusive of value-added tax and other applicable taxes, which you will pay in addition.
2. Invoicing and payment. We will invoice you as stated in the Order Form. Invoices are due within thirty (30) days of the invoice date unless otherwise agreed.
3. Late payment. If any amount is overdue by more than fifteen (15) days, we may, after giving you written notice, suspend access to the Service until payment is received. Suspension does not delete your Customer Data.
4. Renewal. Unless the Order Form states otherwise, your subscription renews for successive periods of the same length unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current term.
5. Price changes. We may change fees for a renewal term by giving you at least sixty (60) days' written notice before the renewal date.

4. Your responsibilities for tax compliance

1. Your obligations remain yours. The Service is a tool that helps you issue invoices, keep books of accounts and maintain records. You remain solely responsible for complying with the National Internal Revenue Code, Bureau of Internal Revenue ("BIR") regulations and all other laws that apply to your business, including filing returns, paying taxes and keeping records for the required periods.
2. Registration. Where the BIR requires you to register, obtain a permit for, or give notice of the use of a computerized accounting system or e-invoicing system, you are responsible for doing so. We will provide reasonable assistance and documentation about the Service on request.
3. Data you enter. The accuracy of invoices, books and reports depends on the data you import, sync or enter, including marketplace reports, Order Slips, Delivery Receipts, product prices and tax classifications. You are responsible for reviewing data before you finalize it.
4. Not professional advice. We do not provide tax, accounting or legal advice. Nothing in the Service, our documentation or our communications replaces advice from your own accountant or lawyer.

5. Records that cannot be deleted

To preserve the integrity of your records, the Service is designed so that issued invoices, credit memos, refund vouchers and book entries cannot be edited or deleted. They can only be cancelled, with a stated reason and authorization, and the cancellation is recorded in an audit trail. Invoice and document numbers are never reused. You acknowledge that we cannot undo, alter or remove an issued document at your request, except where required by law or a lawful order.

6. Acceptable use

You must not, and must not allow anyone to:

• use the Service to issue false, fictitious or fraudulent invoices or records, or otherwise to evade taxes or deceive any person or government agency;
• upload content that is unlawful, infringing, or that contains malware;
• attempt to access another customer's data, probe or test the vulnerability of the Service, or bypass its security or access controls, except under a written security testing agreement with us;
• overload, disrupt or reverse engineer the Service, except to the extent the law expressly permits;
• resell, sublicense or provide the Service to third parties, except as stated in your Order Form (for example, accounting firms serving their own clients); or
• use the Service in violation of any law, including the Data Privacy Act of 2012.

We may suspend access that we reasonably believe violates this section, with notice to you where practicable.

7. Third-party platforms and integrations

The Service works with data from third-party platforms such as Lazada, Shopee, TikTok Shop, email providers and your own internal systems. Those platforms are not controlled by us and are governed by their own terms. We are not responsible for their availability, the accuracy of the data they provide, or changes they make to their report formats or interfaces, although we will make reasonable efforts to keep supported integrations working. Our use of platform names describes compatibility only and does not imply endorsement or partnership.

8. Availability and support

1. We will use commercially reasonable efforts to keep the Service available, except during scheduled maintenance (which we will try to perform outside business hours and announce in advance) and events beyond our reasonable control.
2. Support is provided by email at support@thecloudcas.com Monday to Friday, 9:00 AM to 6:00 PM (Philippine time), excluding public holidays, unless your Order Form provides otherwise.
3. Any service levels or service credits apply only if stated in your Order Form.
4. We may improve and change the Service from time to time. We will not materially reduce the core functionality of your plan during a paid subscription term.

9. Customer Data

1. Ownership. As between you and us, you own your Customer Data. You grant us a limited right to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service and as described in our Privacy Policy.
2. Personal data. When we process personal data contained in Customer Data, you are the personal information controller and we act as your personal information processor under the Data Privacy Act of 2012. We will process such data only on your documented instructions (including these Terms), apply reasonable organizational, physical and technical security measures, and notify you without undue delay of any personal data breach affecting your Customer Data. Where required, the parties will sign a separate data processing agreement.
3. Your responsibilities. You are responsible for having a lawful basis to collect and share the personal data you put into the Service, including your customers' names, addresses, email addresses and TINs.
4. Aggregated data. We may use de-identified, aggregated data about how the Service is used to operate and improve it, provided it does not identify you, your users or any individual.

10. Confidentiality

Each party will protect the other's non-public business, technical and financial information with at least reasonable care, use it only to perform under these Terms, and disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, was already lawfully known to it, or is independently developed. A party may disclose confidential information when required by law or a lawful order, after giving the other party notice where legally permitted.

11. Intellectual property

We and our licensors own the Service, including its software, design, documentation and trademarks. Except for the limited right to use the Service during your subscription, no rights are granted to you. If you send us suggestions or feedback, we may use them without obligation to you.

12. Term, termination and your data

1. Term. These Terms apply for as long as you use the Service.
2. Termination for breach. Either party may terminate the subscription by written notice if the other party materially breaches these Terms and does not cure the breach within thirty (30) days of receiving notice.
3. Export. For sixty (60) days after termination or expiry, you may request an export of your Customer Data (such as invoices in PDF and records in CSV or another reasonable format). After that period we will delete or anonymize Customer Data, except where we are required by law to keep it longer, or it is held in routine backups that are deleted on their normal schedule.
4. Retention requirements. Tax laws may require you to keep books of accounts and records for a number of years. You are responsible for exporting and keeping your records for the periods the law requires of you. If you want us to keep your records after termination, this must be agreed in writing and may involve fees.
5. Survival. Sections on fees owed, Customer Data, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity and governing law survive termination.

13. Disclaimers

Except as expressly stated in these Terms or your Order Form, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that its use will by itself satisfy any regulatory requirement applicable to your business.

14. Limitation of liability

1. To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or exemplary damages, or for lost profits, revenue or goodwill, even if advised of their possibility.
2. To the fullest extent permitted by law, each party's total liability arising out of or relating to these Terms in any twelve-month period is limited to the fees paid and payable by you for the Service in the twelve (12) months before the event giving rise to the liability.
3. These limits do not apply to your payment obligations, a party's breach of confidentiality, your breach of Section 6 (Acceptable use), or liability that cannot be limited under Philippine law, including liability for fraud or gross negligence.

15. Indemnity

You will defend and indemnify us against third-party claims, including claims by government agencies, arising from your Customer Data, your use of the Service in breach of these Terms, or your failure to comply with tax or other laws. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes that party's intellectual property rights in the Philippines. The party seeking indemnity must notify the other promptly and allow it to control the defense.

16. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify the administrators of your Account by email or in the Service at least thirty (30) days before it takes effect. Continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, you may stop using the Service and terminate your subscription before the change takes effect. If your Order Form conflicts with these Terms, the Order Form prevails.

17. Governing law and disputes

These Terms are governed by the laws of the Republic of the Philippines. The parties will first try in good faith to resolve any dispute through discussion between senior representatives. If the dispute is not resolved within thirty (30) days, it shall be brought before the proper courts of the Philippines.

18. General

• Entire agreement. These Terms, your Order Form and our Privacy Policy are the entire agreement between the parties about the Service.
• Assignment. Neither party may assign these Terms without the other's written consent, except to a successor in a merger, acquisition or sale of substantially all of its assets, with notice.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Severability and waiver. If a provision is found unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver.
• Notices. Notices to us must be sent to support@thecloudcas.com. Notices to you will be sent to the email address of your Account administrator.

19. Contact

Analytica Business Solutions Inc. Guagua, Pampanga, Philippines Email: support@thecloudcas.com