End User License Agreement

• Licensor: CyberGen Holdings, LLC (DBA CyberGen AI), a company organized under the laws of the State of Florida, United States, and its subsidiaries and affiliates.
• Licensee / You: the individual, organization, or entity accessing or using the Software.
• Software: the CashFlow OS application, platform, tools, APIs, and related documentation.
• AI Output: the narrative summaries and other results generated by the Software’s AI components to describe your calculated figures.
• Authorized User: an individual granted access under the Licensee’s account.

2.1 Grant of License

CyberGen grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your internal business purposes.

2.2 Scope of Use

• Per-user licensing: each Authorized User requires a unique account; sharing credentials is prohibited.
• Access: access is provided through the hosted Service in accordance with your plan or engagement.

2.3 Enterprise Licensing

A separate engagement or master services agreement may apply; where its terms conflict with this Agreement, that agreement takes precedence.

You shall not:

• Reverse engineer, decompile, disassemble, or derive the source code or algorithms of the Software;
• Modify, adapt, translate, or create derivative works of the Software;
• Sublicense, rent, lease, loan, sell, distribute, or transfer rights to the Software;
• Remove, alter, or obscure any proprietary notices, labels, or marks;
• Use the Software to develop a competing product or service;
• Use the Software in violation of applicable laws or third-party rights;
• Circumvent or disable any security, authentication, or access-control mechanism;
• Use automated means (bots, scrapers) beyond approved integrations;
• Introduce malicious code, viruses, or other harmful components.

4.1 AI Output

Numerical results in the Software are produced by deterministic calculations. AI is used only to generate plain-language summaries of those results. AI Output is generated probabilistically and may contain phrasing errors or omissions; you must not rely on it as the sole basis for decisions with significant legal, financial, or tax implications without independent human review.

4.2 Ownership

You retain ownership of your data and the figures produced for you. CyberGen retains all rights in the underlying Software, models, and methodologies.

4.3 Training Data

Your data and your QuickBooks financial data are not used to train or retrain general-purpose AI models. Aggregated, anonymized statistics may be used to improve the Service, as described in the Privacy Policy.

The Software and all copies are proprietary to CyberGen, and title remains with CyberGen. All patent, copyright, trademark, and trade-secret rights belong to CyberGen and its licensors. You may not use CyberGen trademarks without written consent except to identify the Software. If you provide feedback or suggestions, you assign to CyberGen all rights in that feedback.

6.1 Data Processing

Your use of the Software is governed by our Privacy Policy, incorporated by reference.

6.2 QuickBooks Online Access

If you connect a QuickBooks Online company, you authorize the Software to access it on a read-only basis through Intuit’s authorization process, solely to produce your reports. The Software does not create, modify, or delete data within your QuickBooks company. You may disconnect at any time from within the Software, which revokes that access.

6.3 Data Security

We apply industry-standard security measures, including encryption in transit and at rest, access controls, and regular security reviews.

The Software is delivered as a hosted service and may be updated automatically with patches, security fixes, and improvements. We may modify this Agreement; material changes will be communicated, and continued use after changes take effect constitutes acceptance.

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. CYBERGEN DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

IN NO EVENT SHALL CYBERGEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. CyberGen’s total aggregate liability under this Agreement shall not exceed the greater of (a) the amount you paid in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00). These limitations apply regardless of the theory of liability and even if advised of the possibility of damage.

10.1 Termination by You

You may terminate at any time by ceasing use and closing your account.

10.2 Termination by CyberGen

We may terminate immediately if you breach material terms, if required by law, or if your use poses a security risk or harms others.

10.3 Effect of Termination

On termination, your license ceases. Data export may be available for a limited period after termination, after which data may be deleted per our retention policy. Sections 3, 5, 8, 9, and 12 survive termination.

The Software is subject to U.S. export-control laws and sanctions. You represent that you are not located in an embargoed country or on a restricted-party list and will comply with applicable export and re-export restrictions.

12.1 Governing Law

This Agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-law provisions.

12.2 Arbitration

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Palm Beach County, Florida.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT THROUGH CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS.

12.4 Severability

If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full effect.

• CyberGen Holdings, LLC (DBA CyberGen AI)
• 2875 S Ocean Blvd, Ste. 200-57, Palm Beach, FL 33480, USA
• Legal department: legal@cybergen.ai
• General inquiries: info@cybergen.ai
• Phone: +1-800-561-2713