Zoho Start - Terms of Service

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") AND ZOHO BUSINESS SERVICES INC.(HEREINAFTER "ZOHO") GOVERNING YOUR USE OF ZOHO START SERVICES. YOUR USE OF ZOHO START SERVICES SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PROCEED OR USE ZOHO START SERVICES IN ANY MANNER.

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you are accepting this Agreement on behalf of a company or a legal entity, you represent that you have the legal authority to bind the company or the legal entity to this Agreement. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually availing Zoho Start Services.

Description of the Service

Zoho Start provides an online platform for entrepreneurs to formalize their businesses by assisting them in the incorporation of business entities and EIN registration. Zoho Start may also provide a host of other ancillary services that help businesses with their compliance obligations and management of their business entities ("Zoho Start Services").

Zoho Start Application

You will be able to avail Zoho Start Services through Zoho Start's cloud software ("Zoho Start Application"). Zoho Start Application provides you the user interface to (i) provide us information and/or documents required for availing Zoho Start Services; (ii) track the status of the applications filed with the concerned government or regulatory authorities; and (iii) receive and manage documents uploaded by Zoho in connection with your use of Zoho Start Services.

Zoho Start Application is a part of Zoho’s suite of online collaboration, business and productivity applications (hereafter "Zoho Services" or "Services").You will be able to access Zoho Start Application by using your common account for all Zoho Services (hereinafter “Zoho Account”) and the access and use of Zoho Start Application is governed by Zoho General Terms of Service..

Your Relationship with Zoho

You understand that, (i) Zoho does not engage in the practice of offering legal, financial, accounting or any other professional advice; (ii) services offered through Zoho Start can neither constitute nor be treated as a substitute for any professional advice; and (iii) your use of Zoho Start Services does not exempt you from your independent obligation to comply with applicable laws and regulations. By offering Zoho Start Services, (i) no professional relationship is created with Zoho; (ii) no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from your use of Zoho Start Services; and (iii) Zoho does not provide any legal advice, explanation, opinion or recommendation about your possible legal rights, remedies, defenses, options, selection of forums or strategies.

Beta Service

We may offer certain Zoho Start Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services for general availability. You will be under no obligation to avail any paid Zoho Start Service as a result of your availing of any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Zoho will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Fees and Payments

While certain Zoho Start Services are subject to payment of a one-time fee, payment for certain other Zoho Start Services are recurrent in nature. The fees charged for Zoho Start Services include applicable state filing fees which are subject to changes based on the requirements of each state. Additional fees may apply with respect to modifications or changes in your request or instruction.

Payment for Zoho Start Services can be made through Credit Card or other online payment methods supported by Zoho. Certain payment methods may require additional authentication such as one time password (OTP) and you will be required to provide such authentication for successful completion of the payment transaction. For those Zoho Start Services for which payment is recurrent in nature, the services will be automatically renewed at the end of the applicable payment cycle unless you inform us that you do not wish to continue using our services. At the time of automatic renewal, the service fee will be charged to the payment method last used by you. If there is a failure of renewal transaction due to any reason whatsoever, Zoho will promptly notify you and will subsequently send a few reminders to remind you about your payment obligation. You will not be entitled for refund of fees that has already been used up in connection with provisioning of Zoho Start Services.

In the event any tax such as GST, VAT, sales tax or the like is chargeable by Zoho in accordance with any local, state, provincial or foreign laws with respect to the Zoho Start Services that you avail ("Taxes"), Zoho will invoice you for such Taxes. You agree to pay Zoho such Taxes in addition to the subscription fees. Zoho shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws which may be used by you to avail the applicable input tax credit for the Taxes so paid.

Business Formation and Incorporation Service

Incorporation of Business Entity

You acknowledge and agree that by offering the Business Formation and Incorporation Service, Zoho is merely acting as an intermediary in assisting you with the incorporation process and making necessary fillings on your behalf before the concerned State ("Organizer"). You further understand and agree that, (i) the incorporation of your entity is dependent on various factors that are beyond the control of Zoho; (ii) Zoho reserves the right to reject your incorporation application for reasons including but not limited to insufficient or incorrect information/ documents, or if Zoho has reasons to believe that your business is illegal; and (iii) Zoho shall not be held liable in the event of failure of incorporation of your entity for reasons not attributable to Zoho.

In cases where incorporation of your business entity is not successfully completed within one year from your initial request for incorporation through Zoho Start Services, you understand that we reserve the right to delete the data that you have provided in connection with your use of Zoho Start Services.

Non-Resident and Foreign Business Formation

Zoho Start may assist non-resident individuals or entities with the formation of U.S. business entities or with filings in states where the entity is considered a "foreign entity" (i.e., registered outside the state of filing). You are solely responsible for ensuring that your use of Zoho Start Services complies with all applicable laws and residency requirements. Zoho does not guarantee eligibility for business formation or registration in any jurisdiction and is not responsible for rejections or delays caused by non-compliance with state-specific residency or documentation rules.

Foreign Investment Compliance

If you are a non-U.S. person or entity, you are solely responsible for determining whether your use of Zoho Start Services or your business activities trigger any restrictions or review requirements under U.S. foreign investment laws, including the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), the Foreign Investment and National Security Act of 2007 (FINSA), or regulations enforced by the Committee on Foreign Investment in the United States (CFIUS). Zoho does not provide legal advice and disclaims any responsibility for your compliance with such laws.

Post-Formation Maintenance

You understand and agree that you will be solely responsible for the post - formation maintenance of your incorporated entity, including but not limited to timely reporting, maintaining a Registered Agent, filling and maintenance of any documentation required for ensuring compliance with any legal, tax or other applicable federal, state or local government agencies' requirements. You further understand that it is your sole responsibility to comply with all applicable local, state, federal or international laws.

Registered Agent

As part of your compliance with state regulations regarding incorporation of your entity through Zoho Start, you are required to appoint a designated person or a business to receive legal documents such as government correspondence, subpoenas, tax notices and service of process ("Legal Documents") on behalf of your entity ("Registered Agent").You shall be solely responsible for (i) providing true, accurate, current and complete information about your Registered Agent, and (ii) maintaining and promptly updating the Registered Agent information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zoho has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zoho may suspend or terminate your user account and refuse current or future use of any or all of Zoho Start Services.

In certain scenarios, including where your Registered Agent cannot be located, the Legal Documents originally issued to your entity will be sent to Zoho. In such cases, Zoho's responsiblity is strictly limited to forwarding the Legal Documents to either the mailing address or email address that you have provided to us. Zoho shall not be liable for any failure to deliver the Legal Documents in the event of your failure to update your contact details.

FinCEN Identifier

To the extent required under the Corporate Transparency Act (CTA) and related regulations, if you register a foreign entity to do business in the United States through Zoho Start, Zoho may provide the FinCEN Identifier of our designated employee responsible for filing your formation documents with the applicable authority to facilitate your Beneficial Ownership Information (BOI) reporting. You acknowledge that the FinCEN Identifier is provided solely to support compliance with BOI reporting obligations and may not be used for any other purpose. Zoho does not provide legal advice regarding BOI reporting, and your obligations may change based on evolving laws and regulations.

Refund for Cancellation

In the event you cancel your Business Formation and Incorporation Service, you understand and agree that Zoho will refund that portion of the service fee that was charged as compensation for the services rendered, provided the cancellation is done before Zoho files the incorporation documentation with the concerned Secretary of State or within 7 days from the date of payment of service fee, whichever is earlier. You further understand and agree that Zoho will not be able to refund the applicable state filling fee that has been paid to the concerned Secretary of State.

Customer Responsibilities

You will be solely responsible for (i) promptly providing all necessary documents and information to Zoho; (ii) the accuracy, integrity, legality, reliability, completeness and appropriateness of the documents and information provided to Zoho; (iii) promptly informing Zoho about any changes in the information that had been given to Zoho; and (iv) promptly responding to Zoho's requests for additional information and documents necessary for providing Zoho Start Services. You understand and agree that your timely response to Zoho's request for information and documents is critical for providing Zoho Start Services. You further understand and agree that, (i) your delay in responding to Zoho's requests may result in delay in provisioning of Zoho Start Services and may attract additional processing fees; and (ii) Zoho is not obligated to verify the accuracy or completeness of the information or documents you provide and any delays or issues arising from inaccurate or incomplete information shall be solely your responsibility.

Annual Report Filing Service

By opting into the Annual Report Filing Service, you authorize Zoho to complete and sign your annual or biennial reports on your behalf based solely on the information you provide. Zoho does not audit, verify, or validate the accuracy or completeness of such information. You remain solely responsible for the truthfulness and timeliness of all disclosures, including those required under applicable state law. Zoho acts only as a filing facilitator and assumes no liability for any penalties, administrative actions, or other consequences resulting from inaccurate, incomplete, or delayed filings.

Acknowledgments on Customer’s Behalf

In certain jurisdictions, Zoho may be required to affirm, acknowledge, or certify information provided by you in the course of filing your documents with government authorities. You acknowledge and agree that Zoho will act solely based on the information and instructions you provide, and that Zoho does not independently verify or validate such information. You are solely responsible for the accuracy, completeness, and truthfulness of all information submitted. Zoho shall not be liable for any consequences arising from reliance on inaccurate or incomplete information provided by you.

Authorization to Zoho

By availing the Zoho Start Services, you authorize Zoho to (i) use, distribute, reproduce, modify or publish the information that you provide; (ii) use/affix your electronic signature while filing documents with government and other regulatory authorities on your behalf; and (iii) communicate with government and other regulatory authorities on your behalf, in the course of providing Zoho Start Services.

Lawful Purpose for Using the Service

By using Zoho Start Services, you agree that you will not (i) commit fraud or other illegal act or crime; (ii) misrepresent, misstate or falsify information in the legal documentation; or (iii) use Zoho Start Services in an unlawful, illegal or improper manner. You understand and agree that Zoho is not obligated to verify (i) the legal or factual accuracy or correctness of the information or instructions; or (ii) your business activities, products, licenses, or tax filings. Zoho shall not be liable for any loss or damage suffered by you due to our reliance on the information, documents or instructions that you provide us in connection with your use of Zoho Start Services.

Delay in the Service

You understand and agree that Zoho Start Services may be subject to delays and other limitations associated with the government agencies and Zoho will not be liable for such delays and limitations.

Personal Information and Privacy

Information that you provide to Zoho through your use of Zoho Start Services is governed by Zoho Start Privacy Policy Your election to use the Zoho Start Application indicates your acceptance to the terms of Zoho Privacy Policy which explains Zoho's privacy practices with respect to processing of personal information in relation to your use of Zoho Start Application.

Communications from Zoho

Zoho Start Services may include certain communications from Zoho, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using Zoho Start Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages. Zoho may send automated reminders to assist you with compliance obligations such as your annual report filing obligation. However, Zoho does not guarantee the delivery, timeliness, or accuracy of such reminders, and you remain solely responsible for fulfilling your obligations.

Complaints

If we receive a complaint from any person, or any government or regulatory authorities with respect to your activities as part of use of Zoho Start Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant or the concerned authorities directly within 10 days of receiving the complaint forwarded by us or within such other time period stipulated in the notice tendered by the concerned authorities, and copy Zoho in the communication. If you do not respond to the complainant or the concerned authority within 10 days from the date of our email to you or within time period stipulated in the complaint notice, we may disclose your name and contact information to the complainant or the concerned authority for enabling the complainant or the concerned authority to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit or the time period stipulated in the complaint notice will be construed as your consent to disclosure of your name and contact information by Zoho to the complainant or the concerned authority.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF ZOHO START SERVICES IS AT YOUR SOLE RISK. ZOHO START SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZOHO MAKES NO WARRANTY THAT ZOHO START SERVICES WILL MEET YOUR REQUIREMENTS AND WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF ZOHO START SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF ZOHO START SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU AGREE THAT ZOHO SHALL, IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE ZOHO START SERVICES, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY ZOHO START SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS TOWARDS THAT PARTICULAR ZOHO START SERVICE IN CONNECTION WITH WHICH A CLAIM HAS ARISEN, WHICHEVER IS HIGHER. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS ARISING FROM ZOHO’S ROLE AS THE ORGANIZER IN THE INCORPORATION PROCESS OR AS A RESULT OF FORWARDING LEGAL DOCUMENTS RECEIVED BY ZOHO ON YOUR BEHALF.

Indemnification

You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to : (i) any claims that you have used Zoho Start Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of Zoho Start Services, except where such use is authorized by Zoho; and (ii) any claims arising from Zoho's role as the Organizer, authorized person for business formation or for filing annual or biennial reports, or third-party designee for EIN applications, including but not limited to Zoho's inability to notify you of the Legal Documents due to your failure to update your contact details.

Force Majeure

Zoho will not be liable to you or any third party for any delay or failure to perform any obligations under this Agreement, when and to the extent such delay or failure is caused by or results from acts beyond Zoho's reasonable control, including but not limited to acts of God; acts of war, hostility or sabotage; pandemic; strikes, lock-outs or other industrial disputes; acts of government; regulatory changes; electrical, internet, or telecommunication outage that is not caused by Zoho; and natural disasters or extreme weather conditions (each a "Force Majeure Event"). Zoho shall use reasonable efforts to mitigate against the effects of such Force Majeure Event. Zoho shall notify you as soon as reasonably practicable about the Force Majeure Event and shall provide you with a good faith estimate of time to restore Zoho Start Services. If the effects of the Force Majeure Event continue for more than 30 days, you may terminate this Agreement upon prior written notice to Zoho.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed strictly in accordance with the laws of the State of Texas (excluding the rules governing conflict of laws). Any dispute arising out of or resulting from this Agreement shall be subject to the exclusive jurisdiction of courts in Texas to the exclusion of all other courts.

Suspension and Termination

Zoho may terminate or suspend your access to any Zoho Start Services in the event (i) of suspected illegal activity; (ii) Zoho in its sole discretion determines that you have violated the Agreement; (iii) Zoho receives instruction from government or other regulatory authorities to suspend or terminate your access to Zoho Start Services; or (iv) Zoho temporarily or permanently ceases offering Zoho Start Services.

Modification of Terms of Service

We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of Zoho Start Services by providing Zoho notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of Zoho Start Services. Your continued use of Zoho Start Services after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.