Terms of Service

1. Agreement to Terms

By accessing or using the FifthFirm platform ("Service"), operated by Digital Inventory Group LLC ("Company", "we", "us"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

FifthFirm provides AI-powered professional services tools for accounting firms, bookkeepers, and financial professionals. The Service includes integration with third-party platforms such as Intuit QuickBooks Online, and provides automated bookkeeping, financial reporting, tax preparation assistance, and advisory tools.

3. Account Registration

You must provide accurate, complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized access.

4. Subscription and Billing

Subscriptions are billed in advance on a monthly or annual basis, as selected at signup. All fees are quoted in U.S. dollars. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through your account settings or by contacting support@fifthfirm.com.

We may change subscription pricing upon 30 days' written notice. Price changes take effect at the start of your next billing cycle. If payment fails, we will attempt to process the charge up to three additional times over 10 days. If all attempts fail, your account may be suspended until payment is resolved.

Subscription fees are non-refundable except as required by applicable law. If you cancel mid-cycle, you retain access through the end of your paid period.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations
• Upload fabricated financial data or use the platform to commit fraud, money laundering, or tax evasion
• Attempt to gain unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble any part of the Service, including AI models and algorithms
• Use the Service to store or transmit malicious code or content
• Resell or redistribute the Service without written authorization
• Use automated scraping, bots, or other means to extract data from the Service beyond normal use

6. AI-Powered Services

FifthFirm uses artificial intelligence and automated systems ("AI Tools") to assist with bookkeeping, financial reporting, tax preparation support, and advisory analysis. You acknowledge and agree that:

• Not Professional Advice. Output generated by AI Tools does not constitute certified public accounting advice, tax advice, legal advice, or investment advice. All AI-generated work product is preliminary and requires review by a qualified professional before reliance or filing.
• No CPA Relationship. Use of FifthFirm does not create a CPA-client, attorney-client, or fiduciary relationship between you and Digital Inventory Group LLC.
• Human Oversight Required. AI-generated classifications, reconciliations, tax calculations, and financial reports may contain errors. You are solely responsible for reviewing, verifying, and approving all output before use in financial statements, tax filings, or business decisions.
• AI Limitations. AI Tools may produce inaccurate, incomplete, or outdated results. FifthFirm does not guarantee the accuracy, completeness, or regulatory compliance of any AI-generated output.
• Liability for AI Errors. To the maximum extent permitted by law, Digital Inventory Group LLC shall not be liable for any damages, penalties, interest, or losses arising from reliance on AI-generated output without independent professional verification.

7. Professional Services Disclaimer

FifthFirm is a technology platform operated by Digital Inventory Group LLC. Digital Inventory Group LLC is not a licensed CPA firm, does not hold a CPA license in any state, and does not practice public accounting. The Services are tools designed to assist licensed professionals in performing their work more efficiently.

Nothing in the Services constitutes an audit, review, compilation, or attestation engagement as defined by the AICPA or any state board of accountancy. Users who are licensed CPAs remain solely responsible for compliance with their state board's rules of professional conduct.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in communications or output generated by FifthFirm is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

8. Third-Party Integrations

The Service integrates with third-party services including Intuit QuickBooks Online. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, accuracy, or policies of third-party services.

QuickBooks Online Data Usage

By connecting your QuickBooks Online account, you authorize FifthFirm to access and process your financial data in accordance with our Privacy Policy and the permissions you grant during the OAuth authorization flow. FifthFirm accesses your QuickBooks Online data solely to provide the Services described herein. We access the following QBO data types: chart of accounts, transactions (invoices, bills, journal entries, bank transactions), customer and vendor records, financial reports, and company settings. We do not sell, rent, or trade your QuickBooks data to any third party. Upon disconnecting the QBO integration or terminating your account, we will delete cached QBO data within 30 days, except as required by law or legitimate business purposes.

Trademark Notice

QuickBooks, QuickBooks Online, and Intuit are trademarks of Intuit Inc., registered in the United States and other countries. FifthFirm is not affiliated with, endorsed by, or sponsored by Intuit Inc. Use of QuickBooks Online data is governed by your separate agreement with Intuit.

9. Intellectual Property

Your Data.You retain all ownership rights in the data you provide to or generate through the Services ("Your Data"). You grant Digital Inventory Group LLC a limited, non-exclusive, royalty-free license to use, process, and store Your Data solely to provide and improve the Services.

Our Platform. Digital Inventory Group LLC retains all rights, title, and interest in the Services, including all software, algorithms, models, interfaces, documentation, and trademarks. Nothing in these Terms transfers any intellectual property rights to you except the limited right to use the Services during your subscription.

Aggregated Data. We may use anonymized, aggregated, de-identified data derived from your use of the Services for product improvement, benchmarking, and research purposes. Such data will not identify you or your clients.

Feedback. If you provide suggestions, feature requests, or other feedback, you grant us an unrestricted, perpetual, royalty-free license to use such feedback without obligation to you.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. AI-generated outputs including financial reports, categorizations, and tax preparation assistance are tools to aid professional judgment and do not constitute professional accounting, tax, or legal advice. You are responsible for reviewing and verifying all outputs before relying on them.

11. Limitation of Liability

To the maximum extent permitted by law, Digital Inventory Group LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to damages arising from AI-generated output, tax penalties, financial losses, or regulatory violations. Our total liability shall not exceed the amount you paid for the Service in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Digital Inventory Group LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content or data you submit through the Services that is inaccurate, misleading, or unlawful. This indemnification obligation survives termination of your account and these Terms.

13. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms. Upon termination, your right to use the Service ceases immediately. You may request an export of your data in a standard machine-readable format (CSV or JSON) within 30 days of termination. After 30 days, cached data will be deleted pursuant to our retention schedule. Financial transaction records retained for regulatory purposes may be requested by contacting support@fifthfirm.com.

14. Dispute Resolution

Informal Resolution. Before filing any formal proceeding, you agree to contact us at legal@fifthfirm.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration.Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Dorchester County, South Carolina, or remotely at the arbitrator's discretion. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Class Action Waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a class, consolidated, or representative action. If this waiver is found unenforceable, the entirety of this arbitration provision shall be void.

Exceptions. Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Services.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet or utility failures, cyberattacks, or third-party service outages (including QuickBooks Online). Affected obligations will be suspended for the duration of the event. If the force majeure event continues for more than 60 days, either party may terminate the agreement upon written notice.

16. Service Availability

We target 99.9% uptime for the Services, measured monthly, excluding scheduled maintenance. Scheduled maintenance windows will be communicated at least 24 hours in advance when practicable. We do not guarantee uninterrupted access and shall not be liable for downtime. Specific SLA terms may be available under Enterprise plans as set forth in a separate agreement.

17. Governing Law

These Terms are governed by the laws of the State of South Carolina, without regard to conflict of law provisions.

18. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Service at least 30 days before they take effect. Continued use after changes constitutes acceptance.

19. Contact

For questions about these Terms, contact us at:
Digital Inventory Group LLC
Email: legal@fifthfirm.com