Paycheck Nanny Terms of Use

Last Updated: March 16, 2025

Thank you for selecting the Software offered by RESTRUCTURED Design LLC (referred to as "RESTRUCTURED Design LLC," "we," "our," or "us"). Review these license terms ("Agreement") thoroughly. This Agreement is a legal agreement between you and RESTRUCTURED Design LLC. By accepting electronically (for example, clicking "I Accept," creating an account, or accessing or using the Software), you agree to these terms. If you do not agree to this Agreement, then you may not use the Software.


1. AGREEMENT

1.1 This Agreement describes the terms governing your use of the RESTRUCTURED Design LLC Software including content, updates and new releases (collectively, the "Software"). It includes by reference:
• RESTRUCTURED Design LLC's Privacy Policy provided to you in the Software available on the website or provided to you otherwise;

2. LICENSE GRANT AND RESTRICTIONS

2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and RESTRUCTURED Design LLC reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, RESTRUCTURED Design LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with RESTRUCTURED Design LLC's then-current product discontinuation policies, as updated from time to time, and only for the purposes described by RESTRUCTURED Design LLC for the Software.

2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
• Provide access to or give the Software or any part of the Software to any third party;
• Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
• Transfer your license to the Software to any other party;
• Attempt unauthorized access to any other RESTRUCTURED Design LLC systems that are not part of the Software;
• Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
• Make the Software available on any file-sharing or application hosting service.

3. SUBSCRIPTIONS AND PAYMENT

3.1 The Software is offered on a subscription basis. Subscription plans, including pricing and billing frequency (monthly or annual), are presented within the Software and on the applicable app marketplace (Apple App Store or Google Play Store).

3.2 Free Trial. The Software may offer a free trial period. If you do not cancel before the free trial ends, your subscription will automatically convert to a paid subscription at the then-current rate.

3.3 Auto-Renewal. Your subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless you cancel before the end of the current period. You may cancel auto-renewal at any time:

Apple App Store: Go to Settings > [your name] > Subscriptions > Paycheck Nanny > Cancel Subscription. Cancellation takes effect at the end of the current billing period.
Google Play Store: Go to Google Play > Menu > Subscriptions > Paycheck Nanny > Cancel Subscription. Cancellation takes effect at the end of the current billing period.

3.4 Payment Processing. All payments are processed through the applicable app marketplace (Apple App Store or Google Play Store). RESTRUCTURED Design LLC does not directly collect or store your payment card information. Payment is charged to your Apple ID or Google account at the confirmation of purchase. All payments are subject to the terms and policies of the applicable app marketplace.

3.5 Refunds. Refund requests are handled by the applicable app marketplace in accordance with their refund policies.

4. YOUR PRIVACY AND PERSONAL INFORMATION

4.1 Your use of the Software is also governed by our Privacy Policy, which describes what data we collect, how we use it, and how it is stored. By using the Software, you agree to the terms of the Privacy Policy, as updated from time to time.

5. YOUR CONTENT AND DATA

5.1 You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Software, including payroll data, employee information, and tax records. You represent that you have all necessary rights and authorizations to enter such data into the Software.

5.2 You are responsible for maintaining backups of your Content. While the Software provides cloud sync functionality for signed-in users, RESTRUCTURED Design LLC is not responsible for lost or unrecoverable Content.

5.3 You may delete your account and all associated data at any time from within the Software. Upon account deletion, all data stored in cloud services and on the device will be permanently and irreversibly deleted. See our Privacy Policy for details.

6. ADDITIONAL TERMS

6.1 RESTRUCTURED Design LLC does not give professional advice. RESTRUCTURED Design LLC is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. The Software provides payroll calculations based on the information you enter, but it is your responsibility to verify accuracy and compliance. Consult the services of a competent professional when you need tax, legal, or financial advice.

7. DISCLAIMER OF WARRANTIES

7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESTRUCTURED Design LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. RESTRUCTURED Design LLC DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

7.2 RESTRUCTURED Design LLC DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

8. LIMITATION OF LIABILITY AND INDEMNITY

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF RESTRUCTURED Design LLC FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, RESTRUCTURED Design LLC IS NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET RESTRUCTURED Design LLC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF RESTRUCTURED Design LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF RESTRUCTURED Design LLC AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE. You agree to indemnify and hold RESTRUCTURED Design LLC harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). RESTRUCTURED Design LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by RESTRUCTURED Design LLC in the defense of any Claims.

9. CHANGES

9.1 We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes.

10. TERMINATION

10.1 RESTRUCTURED Design LLC may immediately, in its sole discretion, and without notice terminate the Software if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect RESTRUCTURED Design LLC's rights to any payments due to it. RESTRUCTURED Design LLC may terminate a free account at any time. Sections 2.2, 5, 7 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.

11. DISPUTES

11.1 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE RESTRUCTURED Design LLC SOFTWARE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND RESTRUCTURED Design LLC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. This Section shall survive expiration, termination or rescission of this Agreement.

12. DISCONTINUATION POLICY AND TERMINATION OF SUPPORT

12.1 In addition to being governed by this Agreement, access and use of the Paycheck Nanny Software is subject to RESTRUCTURED Design LLC's discontinuation policy and RESTRUCTURED Design LLC reserves the right to discontinue all support for the Paycheck Nanny Software, any of its discrete features, or any other features, online and other services or content accessible through the Paycheck Nanny Software in accordance with then-current discontinuation policy applicable to the particular Paycheck Nanny Software version. If the Paycheck Nanny Software offers services that require a connection to a RESTRUCTURED Design LLC server (including Internet-based services), such services may expire in accordance with RESTRUCTURED Design LLC's current discontinuation policy.

13. APPLE APP STORE ADDITIONAL TERMS

13.1 The following terms apply if you download or use the Software from the Apple App Store. These terms are in addition to all other terms in this Agreement:

• You acknowledge that this Agreement is between you and RESTRUCTURED Design LLC only, and not with Apple Inc. ("Apple"). RESTRUCTURED Design LLC, not Apple, is solely responsible for the Software and its content.
• Your use of the Software must comply with the Apple App Store Terms of Service.
• RESTRUCTURED Design LLC, not Apple, is responsible for providing any maintenance and support services for the Software. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
• In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be RESTRUCTURED Design LLC's sole responsibility.
• RESTRUCTURED Design LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or your possession and use of the Software, including but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, RESTRUCTURED Design LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple is a third-party beneficiary of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

14. GOOGLE PLAY STORE ADDITIONAL TERMS

14.1 The following terms apply if you download or use the Software from the Google Play Store. These terms are in addition to all other terms in this Agreement:

• You acknowledge that Google LLC ("Google") is not a party to this Agreement and has no obligations to you with respect to the Software.
• Your use of the Software must comply with the Google Play Terms of Service.
• Google is not responsible for providing any maintenance, support, or other services related to the Software.
• In the event of any dispute related to the Software, the dispute is between you and RESTRUCTURED Design LLC, not Google.

15. GENERAL

15.1 This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and RESTRUCTURED Design LLC regarding your use of the Software and supersedes all prior agreements and understandings. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect. RESTRUCTURED Design LLC's failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.