Common UmbrellaTerms of Service
Effective Date:
These Terms of Service (the “Terms”) are an agreement between you and Focus Pocus, LLC, which operates Common Umbrella (“Common Umbrella,” “we,” “us,” or “our”). They cover your use of the Common Umbrella website, application, and related services (the “Service”).
By creating an account or using the Service, you agree to these Terms. If you use the Service for a business, you agree to them for that business too, and you confirm you are allowed to do so. If you do not agree, do not use the Service.
Our Privacy Policy explains how we collect and use information. It is part of these Terms.
1. What Common Umbrella Does
Common Umbrella helps you organize the businesses, projects, ownership, documents, compliance obligations, and financial information behind your work. Depending on the features you use, the Service may help you record business details, keep documents, track filings and deadlines, connect payment, bank, card, and app store accounts, and see financial information by business and project.
We are improving the Service all the time. Features may be added, changed, or removed. Some features may be labelled as early or coming soon and may not work as fully as others.
2. Not Legal, Tax, or Accounting Advice
Common Umbrella is an organizing tool. We are not a law firm, accounting firm, tax preparer, or registered agent, and we do not act as your lawyer, accountant, or fiduciary. Nothing in the Service is legal, tax, accounting, or financial advice.
Filing requirements, deadlines, and fees are set by states and other governments and can change without notice. We work to keep the information in the Service accurate, but it may be incomplete, out of date, or wrong for your situation. You are responsible for your own filings, payments, and decisions. Confirm anything important with the relevant government office or a qualified professional.
Any reminders or notices we send are a convenience. If a reminder is late, missing, or not delivered, you are still responsible for meeting the deadline.
Unless we clearly agree to prepare or submit something for you, Common Umbrella does not file documents with any government office on your behalf. In some cases our team may offer to file a correction with a state for you. We will tell you what any filing includes, and if there is a fee, what it costs, before we file. Additional terms may apply.
3. Your Account
You must be at least 18 years old and able to form a binding contract to use the Service.
Give accurate information when you create your account and keep it up to date. Keep your sign-in details secure, and tell us promptly at support@commonumbrella.com if you think someone else has used your account. You are responsible for activity under your account.
4. Your Information and Content
You keep ownership of the information, documents, and other content you add to the Service (“Your Content”). You give us permission to store, copy, process, and display Your Content only as needed to provide, secure, and improve the Service for you, as described in our Privacy Policy.
You confirm that you have the right to add Your Content, including information about other people such as owners, members, managers, and registered agents, and that doing so does not break any law or agreement.
If your records differ from a state's public record, our team may update them to match and will tell you when we do.
Some features suggest answers, such as how to categorize a transaction or what an uploaded agreement says. Suggestions may be wrong. A suggestion is not counted in your business totals until you confirm it, and you can change any answer. Check suggestions before relying on them.
5. Connected Accounts and Other Services
You may choose to connect accounts with other providers, such as Stripe (for payments and for bank and card accounts), Apple App Store Connect, and Google Play. Some older bank and card connections use Plaid. When you do, you authorize us to access those accounts as described when you connect them and in our Privacy Policy. You confirm you are allowed to give that access.
Those providers are not under our control. Their own terms and privacy policies apply to your use of them. We are not responsible for their services, for the accuracy of data they send us, or for delays or outages on their side. Imported totals may differ from what the provider shows, and you should check important figures at the source.
You can disconnect an account at any time. What happens to imported information when you disconnect is described in our Privacy Policy.
6. Acceptable Use
When using the Service, you agree not to:
- break any law or anyone else's rights;
- add information about a person or business you are not authorized to manage;
- upload malware or content you do not have the right to share;
- try to get into accounts, data, or systems you are not allowed to access, or test the Service's security without our written permission;
- copy, scrape, or resell the Service, or use automated means to access it except through features we provide for that purpose;
- interfere with the Service or put an unreasonable load on it; or
- use the Service to build a competing product, or reverse engineer it except where the law allows.
7. Fees
Common Umbrella is currently free to use. We may introduce paid plans or paid features. We will tell you the price before you are charged, and you will not be charged for anything unless you choose it.
8. Our Service and Feedback
The Service, including its software, design, and content other than Your Content, belongs to us and our licensors. These Terms do not give you any rights to it beyond using the Service as offered.
If you send us ideas or feedback, we may use them without owing you anything.
9. Ending Your Use
You can stop using the Service at any time. To close your account or ask us to delete your information, email privacy@commonumbrella.com. We handle deletion as described in our Privacy Policy.
We may suspend or close your account if you break these Terms, if your use creates a risk for us, other users, or third parties, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem and to download your documents.
Sections 2, 4, 8, 10, 11, 12, 14, and 15 continue to apply after your account is closed.
10. Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise that the Service will be uninterrupted, error-free, or secure, or that its information will be complete or current.
11. Limitation of Liability
To the fullest extent the law allows, Common Umbrella and its members, managers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, or for government fees, penalties, interest, or loss of good standing, arising from or related to the Service or these Terms, even if we were told they were possible.
To the fullest extent the law allows, our total liability for all claims arising from or related to the Service or these Terms is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose or US$100.
Some places do not allow some of these limits, so they may not all apply to you.
12. Indemnity
To the extent the law allows, you will defend and compensate us for claims, losses, and costs, including reasonable legal fees, that arise from Your Content, your misuse of the Service, or your breach of these Terms or of anyone else's rights.
13. Changes to These Terms
We may update these Terms. We will post the new version here with a new effective date. If a change is significant, we will give you reasonable notice, for example by email or in the Service, before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Any dispute arising from or related to these Terms or the Service will be brought only in the state or federal courts located in New York, and you and we consent to their jurisdiction. Before filing a claim, please contact us so we can try to resolve it informally.
15. General
These Terms and our Privacy Policy are the entire agreement between you and us about the Service. If any part of these Terms cannot be enforced, the rest stays in effect. If we do not enforce a part of these Terms right away, we can still enforce it later. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of assets, subject to our Privacy Policy. Neither of us is responsible for delays caused by events outside our reasonable control.
16. Contact Us
Questions about these Terms can be sent to:
Common Umbrella / Focus Pocus, LLC
Email: support@commonumbrella.com
Mailing address: 418 Broadway
Ste N
Albany, NY 12207-2950