Terms of service

Agreement

These terms are an agreement between you and Steven Michael Barber, doing business as Chimney Top Digital Services, a sole proprietorship based in Tennessee, which provides Cash Flow Positive. You accept them by ticking the "I agree" box when you sign in or buy a plan. If you use the service for a business, you accept them for that business.

You must be at least 13 years old (16 in the EU) to use Cash Flow Positive. It is not directed at children under 13; we do not knowingly collect their data.

Please read the "Disputes" section: disputes go to court in Tennessee or small-claims court, and it waives class actions and jury trials.

The service

CASH FLOW POSITIVE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, CHIMNEY TOP DIGITAL SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not promise the service will be uninterrupted or error-free.

Important limits

Cash Flow Positive shows projections based only on the information you enter. It is not financial advice and cannot see your real bank balance.

Banks may post transactions on different days than scheduled; keep a cushion and check your bank before relying on a projection.

Your responsibilities

Keep your sign-in email secure, only add data you are allowed to store, and do not use the service to break the law or anyone else’s terms.

To protect the service, we limit how often some actions can be repeated (such as sign-in emails, invitations, account renames and checkouts); a request over the limit is refused for a while and can be tried again later.

Billing

Paid plans renew automatically at the same price and period until you cancel in Settings; access continues to the end of the paid period. A subscription bought inside a store app is canceled in that store's subscription settings instead.

If you choose a yearly plan, we email you a reminder 30 days before each yearly renewal.

The free trial is available once per person, also after an account is deleted; we keep a one-way hash of your email address for 2 years from your first trial to apply this.

If a renewal payment fails you keep access for 7 days while it is retried (for App Store or Google Play purchases, for the store's grace period); then paid features pause and your data is kept.

If the payment provider or the store has not confirmed a renewal 3 days after the paid period ends, paid features pause until it does.

A paused subscription keeps access to the end of the paid period.

If a payment is disputed with your bank, paid features pause at once until the dispute is resolved. For a plan bought on our website, the subscription is also set to end at the end of the paid period, so you are not charged again while the dispute is open; you can subscribe again afterward.

Purchases on our website are processed by Stripe, the merchant of record for all our orders under Stripe Managed Payments: Stripe takes the payment, charges any sales tax, sends your receipt and invoice, and issues refunds. The charge appears on your card statement as LINK.COM* CHIMNEY TOP (the exact text depends on your bank).

Apple (App Store) and Google (Google Play) take payment for subscriptions bought inside the app, under their own terms and privacy policies; we never receive your card details.

If a store subscription is moved to another account (for example by restoring purchases while signed in to a different account), it ends on this account.

Paid plans on our website are not currently available in the EU, the EEA or the UK.

14-day refund

If you are not happy for any reason, email support@chimneytopdigital.com within 14 days of your first charge and we will refund it in full, no questions asked. The first charge means your first payment for a product: the first period of a subscription, or the one-time price of a lifetime license or other one-time purchase. To stop later renewals, cancel at any time. Renewal payments and later purchases are not covered by this refund. A full refund ends the plan when the refund is made. Purchases made inside a store app are billed by Apple or Google and follow that store's refund rules; ask the store for a refund.

Limitation of liability

To the fullest extent the law allows: (a) Chimney Top Digital Services is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, or for legal fees, settlements or judgments you incur, even if told they were possible; and (b) our total liability for all claims about the service is limited to the greater of the amount you paid us in the 12 months before the claim and US $100.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, for gross negligence or willful misconduct, or for anything else the law does not allow to be limited.

Some jurisdictions do not allow some of these limits, so they may not all apply to you.

Disputes: informal resolution, courts, and class-action and jury waivers

Before starting any claim, email support@chimneytopdigital.com with a description of the dispute and give us 30 days to try to resolve it.

If it isn't resolved, either you or Chimney Top Digital Services may bring an individual claim in a small-claims court that has jurisdiction over it. Any other dispute about these terms or the service will be decided only by the courts named in "Governing law and venue".

Class-action waiver: to the extent the law allows, claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. Jury-trial waiver: to the extent the law allows, you and we each waive the right to a jury trial.

Consumers in the EU and the UK: the mandatory consumer-protection law of the country where you live prevails over these terms. The class-action and jury-trial waivers and the Tennessee venue do not apply to you, and you may bring a claim in the courts where you live.

Governing law and venue

These terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Except for claims in small-claims court, any dispute will be heard only in the state courts of Knox County, Tennessee, or the U.S. District Court for the Eastern District of Tennessee, and both parties consent to that jurisdiction. For consumers in the EU and the UK, the previous section applies instead.

Changes to these terms

We may change these terms from time to time. When we do, we will post the updated terms at the same address with a new effective date.

For a material change we will give you at least 30 days' notice before it takes effect, by email to your account's sign-in address or by a notice in the service, unless a change is needed sooner to comply with the law, to address a security or safety issue, or to add a feature you can choose not to use. If the service asks you to tick an "I agree" box, we will also ask you to accept the new terms at your next sign-in or purchase after they take effect.

The changed terms apply to you once you accept them by ticking the box; until you do, you are signed out and cannot sign in or buy. If you do not accept them, stop using the service and cancel before the effective date; if you have paid in advance for time after that date, email support@chimneytopdigital.com and we will refund the unused part.

A change to the "Disputes" section does not apply to a dispute that either party told the other about in writing before the change took effect. Earlier versions of these terms are available on request.

Contact and legal notices

Chimney Top Digital Services. Email: support@chimneytopdigital.com.

Legal notices and service of process: Chimney Top Digital Services, 9169 W State St #2913, Garden City, ID 83714, USA.