Terms and Conditions

In this Agreement the following capitalized terms shall have the following meanings:

2.1 The Company agrees to provide the Services to the Customer in accordance with the terms of this Agreement for the Term.

2.2 The Services allow Customers to design, generate, and download print-ready business check PDFs using standard blank paper. The Customer is solely responsible for ensuring that printed checks are used in compliance with all applicable laws and banking regulations.

2.3 It is a condition of using the Services that all Authorized Users agree to be bound by and comply with the terms of this Agreement before they may access or use the Services.

2.4 The Company reserves the right to modify, update, or discontinue any feature or functionality of the Services at any time with reasonable notice to the Customer.

3.1 The Customer is granted a non-exclusive, non-transferable license to permit Authorized Users to use the Services from the start of the Term for the Customer's internal business operations. No additional implied rights are granted beyond those specifically mentioned in this clause.

3.2 The Customer has no right to modify, adapt, translate, or create derivative works from the Services. Disassembly, decompilation, reverse engineering, or other source code derivation of the software comprised within the Services is strictly prohibited.

3.3 The Customer may not, except as expressly permitted in this Agreement: (a) lease, loan, resell, assign, license, distribute, or otherwise permit access to the Services to any third party; (b) use the Services to provide services to third parties on a bureau or outsourced basis; or (c) permit access to or use of the Services by or on behalf of any third party for commercial purposes.

4.1 By using the Services to generate checks, the Customer represents and warrants that: (a) the Customer is authorized to generate documents with the business details entered into the Services; (b) the Customer has the legal authority to issue checks drawn on that account; and (c) all checks generated using the Services are for legitimate business purposes.

4.2 The Customer is solely responsible for: (a) the accuracy of all information entered into the Services including payee names, amounts, dates, and business details; (b) ensuring that printed documents comply with applicable standards; (c) ensuring that sufficient funds are available in the designated bank account to cover all checks printed; and (d) safeguarding all check stock, printed checks, and login credentials to prevent unauthorized use.

4.3 The Customer acknowledges that: (a) the Company does not verify payee information or business details entered by the Customer; (b) the Company does not guarantee that any bank will accept checks printed using the Services; (c) printed checks are the sole legal and financial responsibility of the Customer; and (d) the Company is not a bank, financial institution, or money services business.

4.4 The Customer expressly agrees not to use the Services to: (a) print checks on accounts for which the Customer is not an authorized signatory; (b) generate fraudulent, forged, or unauthorized checks; (c) print checks with intent to defraud any person or entity; (d) violate any applicable federal, state, or local laws relating to check fraud, bank fraud, or financial crimes; or (e) circumvent any security feature of any bank or financial institution.

4.5 The Customer acknowledges that check fraud is a serious federal and state crime. The Company reserves the right to report suspected fraudulent activity to appropriate law enforcement authorities and to immediately terminate the Customer's account without notice or refund upon reasonable suspicion of fraudulent use.

5.1 All intellectual property rights in and to the Services and related software (excluding Customer Data) shall remain with the Company and its licensors. No interest or ownership in the Services or related intellectual property is transferred to the Customer under this Agreement.

5.2 The Customer shall retain sole ownership of all rights, title, and interest in and to Customer Data. The Customer grants the Company a non-exclusive license to use Customer Data solely to the extent required for the provision of the Services.

5.3 The "CheckDIY" name, logo, and all related marks are trademarks of the Company and may not be copied, imitated, or used without the prior written permission of the Company.

5.4 The Customer assigns all rights, title, and interest in any feedback, suggestions, or recommendations provided to the Company regarding the Services. If such assignment is ineffective, the Customer grants the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use such feedback without restriction.

6.1 This Agreement shall commence on the date the Customer creates an account and continues until terminated in accordance with this Agreement.

6.2 Either party may terminate this Agreement at any time by providing written notice. The Customer may cancel their subscription at any time via the account settings page. Cancellation takes effect at the end of the current billing period.

6.3 The Company may terminate this Agreement or suspend access to the Services with immediate effect if: (a) the Customer has used or permitted use of the Services in violation of this Agreement; (b) the Customer uses the Services for any fraudulent, illegal, or unauthorized purpose; (c) the Company is prohibited by applicable law from providing the Services; or (d) the Customer fails to pay any Fees when due.

6.4 Either party may terminate this Agreement immediately if the other party: (a) ceases or threatens to cease to carry on business; (b) is unable to pay its debts; or (c) has a receiver, administrator, or similar official appointed.

6.5 Upon termination: (a) all licenses granted under this Agreement shall immediately terminate; (b) the Customer shall lose access to the Services; (c) the Company will retain Customer Data for 30 days after termination, after which it may be permanently deleted; and (d) the Customer may request an export of their data within 30 days of termination.

6.6 Clauses 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive the expiry or termination of this Agreement.

7.1 The Customer shall pay the applicable Fees for their selected Subscription Plan as set out on the Pricing page. All Fees are in US Dollars and are exclusive of applicable taxes.

7.2 Subscriptions are billed on a recurring monthly or annual basis depending on the plan selected. The Customer authorizes the Company to charge the Customer's payment method on file at the start of each billing period.

7.3 The Company offers a 14-day free trial for new customers. At the end of the free trial, the Customer's account will be downgraded to a limited free tier unless the Customer provides payment details and activates a paid subscription.

7.4 The Company may increase Fees at any time upon giving the Customer at least 30 days prior notice by email. If the Customer does not agree with the increase, the Customer must cancel their subscription before the new Fees take effect. Continued use of the Services after the price change constitutes acceptance of the new Fees.

7.5 All Fees are non-refundable except as required by applicable law or as expressly stated in this Agreement. The Company does not provide refunds for partial billing periods.

7.6 Payment Disputes and Chargebacks. The Customer acknowledges that all payments made to the Company for the Services are final and non-refundable except as required by applicable law. The Customer agrees not to initiate any chargeback or payment dispute for Services that have been made available for use. In the event the Customer initiates a chargeback in breach of this provision, the Customer shall be liable for: (a) immediate reimbursement of the disputed amount; (b) all reasonable fees and costs incurred by the Company in responding to such chargeback; and (c) immediate suspension or termination of Services without notice.

7.7 Where payment of any Fees is not received when due, the Company may: (a) require the Customer to pay the outstanding amount by an alternative payment method; or (b) without liability to the Customer, suspend the Customer's access to the Services until all outstanding Fees are paid.

8.1 The Company is committed to protecting the privacy and security of Customer Data. The Company's collection and use of personal data is governed by the Privacy Policy available at https://www.checkdiy.com/privacy.

8.2 The Customer acknowledges that check PDFs are generated entirely within the Customer's browser using client-side code. Sensitive business information entered into the document generation feature is not transmitted to or stored on the Company's servers.

8.3 Account information, vendor data, payment history, and other non-banking data entered into the Services may be stored on the Company's servers and synced across the Customer's devices to provide the cloud sync features of the Services.

8.4 The Company implements industry-standard security measures to protect Customer Data stored on its servers, including encryption in transit and at rest. However, the Customer acknowledges that no method of data transmission or storage is 100% secure.

8.5 The Customer is responsible for: (a) maintaining the confidentiality of their account credentials; (b) all activities that occur under their account; and (c) immediately notifying the Company of any unauthorized use of their account or any security breach.

8.6 In the event of a data breach affecting Customer Data, the Company will notify affected Customers within 72 hours of becoming aware of the breach, as required by applicable law.

8.7 The Company will not sell, rent, or share Customer Data with third parties for marketing purposes. The Company may share data with third-party service providers solely as necessary to provide the Services, subject to appropriate data protection obligations.

9.1 The Company warrants that: (a) it has the right to provide the Services under this Agreement; (b) the Services will be performed with reasonable skill and care; and (c) the Company will use commercially reasonable efforts to maintain 99.9% uptime for the Services, excluding scheduled maintenance.

9.2 The Customer warrants and represents that: (a) the Customer has full legal authority to enter into this Agreement; (b) all information provided to the Company is accurate and complete; (c) the Customer's use of the Services is lawful in every jurisdiction in which the Customer uses the Services; (d) the Customer is an authorized signatory on any bank account for which they use the Services to generate checks; and (e) the Customer will not use the Services for any fraudulent, illegal, or unauthorized purpose.

10.1 Neither party excludes or limits its liability to the other for fraud, death, or personal injury caused by their negligent act or omission or willful misconduct.

10.3 The Company shall not be liable for: (a) any check returned, rejected, or refused by any bank or financial institution; (b) any payment disputes, bounced checks, or insufficient funds charges arising from the Customer's use of the Services; (c) any loss resulting from unauthorized access to the Customer's account due to the Customer's failure to maintain the security of their credentials; or (d) any errors in checks resulting from incorrect information entered by the Customer.

10.4 Subject to the limitations above, the Company's total aggregate liability to the Customer for any and all claims arising under or related to this Agreement shall be limited to the total Fees paid by the Customer during the 12-month period immediately preceding the date on which any such claim arose.

10.5 The Customer shall raise any claim under this Agreement no more than one year after the discovery of the circumstances giving rise to the claim.

11.1 The Customer shall defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) the Customer's use of the Services in violation of this Agreement; (b) any checks printed by the Customer using the Services; (c) any claim that a check printed using the Services is fraudulent, forged, or unauthorized; (d) any payment dispute, bank fee, or financial loss arising from the Customer's use of the Services; (e) the Customer's violation of any applicable law or regulation; or (f) the Customer's infringement of any third party's rights.

11.2 The Company shall promptly notify the Customer of any claim subject to indemnification under this clause. The Customer shall have the right to assume control of the defense of any such claim, provided that the Company shall have the right to participate in the defense with counsel of its own choosing at its own expense.

12.1 Each party may use the Confidential Information of the other only for the purposes of this Agreement. Each party shall keep confidential all Confidential Information disclosed to it, using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

12.2 Each party may disclose Confidential Information to its employees and agents who need to know the Confidential Information for the purposes of this Agreement, provided that such persons are bound by confidentiality obligations equivalent to those in this Agreement.

12.3 The obligations of confidentiality do not apply to information that: (a) was in the receiving party's lawful possession before disclosure; (b) is or becomes publicly known other than through any breach of this Agreement; (c) is lawfully disclosed by a third party without restriction; (d) is independently developed by the receiving party; or (e) is required to be disclosed by law or court order.

The Customer may not use the Services:

14.1 The parties shall use their respective reasonable efforts to negotiate in good faith and settle any dispute that may arise out of or in relation to this Agreement. Either party may initiate dispute resolution by providing written notice to the other party describing the dispute in reasonable detail.

14.2 If a dispute cannot be resolved through good faith negotiation within 30 days of written notice, the parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

14.4 Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15.2 Subject to the arbitration clause above, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California for the resolution of any disputes not subject to arbitration.

16.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations, negotiations, and discussions between the parties.

16.2 Amendments. The Company may change or modify the terms of this Agreement at any time upon giving the Customer 30 days notice via email. All changes shall be deemed accepted by the Customer unless the Customer terminates the Agreement prior to the expiry of the 30-day period. Continued use of the Services after notice constitutes acceptance of the updated terms.

16.3 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Waiver. Failure to exercise, or any delay in exercising, any right or remedy under this Agreement shall not be a waiver of that or any other right or remedy.

16.5 Assignment. The Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign this Agreement to any successor entity in connection with a merger, acquisition, or sale of substantially all of its assets.

16.6 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control.

16.7 No Agency. The Company and the Customer are independent contractors. Nothing in this Agreement shall be construed as creating an employment, partnership, joint venture, or agency relationship between the parties.

16.8 Notices. All notices under this Agreement shall be in writing and sent by email. Notices to the Company shall be sent to legal@checkdiy.com. Notices to the Customer shall be sent to the email address associated with the Customer's account.

17.1 CheckDIY generates documents designed to meet standard business document formatting requirements. However, the Company makes no guarantee that any specific bank or financial institution will accept checks printed using the Services.

17.2 The Customer is responsible for: (a) using a standard laser printer when printing documents; (b) using standard blank paper that meets industry standards; (c) verifying with their bank that printed checks are acceptable before using them for business payments; and (d) complying with any specific check format requirements of their bank.

17.3 The Company recommends that the Customer print and test a sample check with their bank before printing checks for business use. The Company shall not be liable for any bank fees, returned check fees, or payment failures resulting from checks not being accepted by a bank or financial institution.