Terms of Service

In compliance with the Bank Secrecy Act, FinCEN's Customer Due Diligence Rule, and applicable anti-money laundering ("AML") regulations, Cinco is required to obtain, verify, and maintain identifying information for your business entity, Administrators, and designated responsible parties. You agree to provide all requested documentation promptly, including:

You represent and warrant that your business is and will remain in good standing with all applicable federal and state authorities, including tax authorities and unemployment insurance programs. You must promptly notify Cinco of any material changes, including bankruptcy filings, regulatory actions, or significant changes in ownership.

Cinco does not provide Services to businesses operating in certain high-risk categories, including but not limited to: adult entertainment, cannabis-related businesses (where federally restricted), unlicensed money services, illegal gambling, businesses under active OFAC sanctions, or any business engaged in activities prohibited under applicable federal or state law. Cinco reserves the right to terminate this Agreement immediately and without notice upon discovery that a User operates in a prohibited category.

Cinco is required to comply with the regulations of the Office of Foreign Assets Control ("OFAC"). Cinco reserves the right to place an immediate hold on funds or terminate this Agreement without notice if you, any Administrator, or any beneficial owner is designated as a Specially Designated National, falls within the scope of any applicable sanctions program, or attempts to transmit funds to a sanctioned country or recipient.

Cinco provides payroll processing services to assist you in compensating your employees and contractors, managing payroll tax calculations, and supporting compliance with applicable wage and hour laws ("Payroll Services"). Payroll Services are available as part of your subscription plan.

You acknowledge that you are the employer of record and retain all obligations under applicable federal, state, and local employment laws. Your responsibilities include:

Cinco's Payroll Services are contingent upon the accuracy and completeness of information you provide. Cinco is entitled to rely on all information furnished without independent verification. You assume sole responsibility for any penalties, interest, liabilities, or inaccuracies arising from incomplete, incorrect, or untimely information ("Resulting Errors"). Cinco shall not be liable for Resulting Errors.

Cinco will calculate, withhold, and remit applicable federal, state, and local payroll taxes on your behalf based on information you provide, subject to your active subscription. Upon termination of your Account, responsibility for any outstanding tax filings, W-2 issuance, and end-of-year obligations transfers to you or your designated successor service provider.

"User Data" means all content, information, and data you upload, submit, or make available through the Platform, including business information, employee records, financial data, and any personally identifiable information relating to your employees, contractors, or principals. You retain ownership of your User Data.

By submitting User Data to the Platform, you grant Cinco a limited, non-exclusive, royalty-free license to access, process, and use your User Data solely to provide and improve the Services, as described in our Privacy Policy.

You represent and warrant that you have obtained all necessary rights, consents, and authorizations required by applicable law to submit User Data to the Platform, including any consents required under the CCPA, GDPR (if applicable), or applicable state privacy laws. You are solely responsible for ensuring that your collection and use of employee and third-party data complies with applicable law.

Cinco will retain User Data in accordance with applicable law and its data retention policies described in the Privacy Policy. As a regulated financial platform, certain data may be subject to mandatory retention periods and may not be eligible for deletion upon request.

Cinco maintains commercially reasonable administrative, technical, and physical security measures to protect User Data. In the event of a security incident affecting your data, Cinco will provide notification as required by applicable law. No system is completely secure, and Cinco does not guarantee that User Data will be free from unauthorized access.

Access to the Platform's core features requires a paid subscription ("Subscription"). Cinco offers multiple subscription tiers, the details of which are available at cincofi.com/pricing. Insurance-related services may generate commission revenue to Cinco or its affiliates, as further described in Section 15.

Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of enrollment. By subscribing, you authorize Cinco to charge the payment method on file. All fees are due within fifteen (15) days of invoice. Cinco reserves the right to modify Subscription fees upon thirty (30) days' written notice; continued use of the Platform constitutes acceptance.

All Subscription fees are non-refundable unless otherwise required by applicable law or expressly stated in a written agreement with Cinco.

In the event of non-payment, Cinco may:

You are responsible for all applicable sales, use, or similar taxes on Subscription fees, except for taxes based on Cinco's net income.

Cinco grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes and in accordance with these Terms.

You agree not to:

Cinco and its licensors retain exclusive ownership of the Platform, Services, and all related content (excluding User Data), including all software, algorithms, interfaces, designs, trademarks, and documentation, and all intellectual property rights therein. No rights are granted except as expressly stated in these Terms.

Any feedback, suggestions, or ideas you provide to Cinco regarding the Platform are given voluntarily. You grant Cinco an irrevocable, perpetual, royalty-free, worldwide license to use such feedback without restriction, compensation, or attribution.

Through use of the Platform, you may have access to non-public, proprietary information of Cinco, including software architecture, pricing methodologies, algorithms, and business processes ("Confidential Information"). You agree to: (i) maintain strict confidentiality; (ii) not disclose Confidential Information to any third party; and (iii) use it solely for permitted use of the Platform. These obligations survive termination for five (5) years. Cinco may seek injunctive relief for any threatened or actual breach without posting bond or proving monetary damages.

These Terms are effective upon your acceptance and continue until terminated by either party.

You may terminate your Account at any time through the Platform. Subscription fees will not be prorated, and all fees for the current billing period remain due upon termination.

Cinco may suspend or terminate your access to the Platform immediately and without prior notice if:

Upon termination, your right to access the Platform ceases. Cinco will retain User Data for thirty (30) days following termination, after which it may be deleted subject to applicable legal retention requirements. All payment obligations, confidentiality obligations, indemnification obligations, and other provisions that by their nature should survive termination shall remain in effect.

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in the State of Delaware. You and Cinco each irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

Before filing any legal action, you agree to first contact Cinco at legal@cincofi.com and provide a written description of the dispute in reasonable detail. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days before initiating any court proceeding.

Any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year of the date the cause of action accrues, after which such claims are permanently barred.

EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM.

Cinco Insurance Agency LLC ("CIA LLC") is a licensed insurance agency and wholly owned subsidiary of Cinco Inc., a Delaware Corporation. CIA LLC is licensed to sell, solicit, and negotiate insurance in select states. CIA LLC's license information and the states in which it is currently authorized to operate are available upon request and at cincofi.com/insurance/licenses. CIA LLC does not offer insurance products in states where it is not licensed; Users in unlicensed states will be notified of applicable limitations at the time of enrollment.

CIA LLC acts as an independent insurance agent or broker on your behalf. CIA LLC does not underwrite, issue, or guarantee any insurance policy. All insurance products made available through the Platform are underwritten by third-party licensed insurance carriers ("Carriers"). The terms, coverage, exclusions, and premiums of any policy are governed exclusively by the policy documents issued by the applicable Carrier, not by these Terms.

CIA LLC receives compensation for insurance placement in the form of commissions paid by Carriers. The amount of compensation CIA LLC receives may vary by Carrier and product. This compensation does not increase your premium. Upon request, CIA LLC will disclose the specific commission arrangements applicable to any insurance product you purchase through the Platform.

You are under no obligation to purchase any insurance product through CIA LLC or any Carrier to access Cinco's non-insurance Services, including Payroll Services. The availability of non-insurance Services is not contingent upon the purchase of insurance.

Any insurance quotes generated through the Platform are estimates only and are not binding offers of coverage. Coverage is bound only upon issuance of a policy by the applicable Carrier and your acceptance of the applicable policy terms and premium. Cinco and CIA LLC make no representations regarding the accuracy of quoted premiums or the availability of coverage.

CIA LLC does not handle insurance claims. All claims must be submitted directly to the applicable Carrier pursuant to the terms of your policy. CIA LLC may, in its discretion, assist you in communicating with Carriers regarding claims, but has no authority to approve, deny, or settle claims on behalf of any Carrier.

Nothing provided by CIA LLC through the Platform constitutes legal or professional insurance advice. CIA LLC does not guarantee that any available coverage will be sufficient for your business needs. You are solely responsible for evaluating whether any insurance product meets your requirements and for seeking independent professional advice if needed.

CIA LLC operates in compliance with applicable state insurance laws and regulations. To the extent any provision of these Terms conflicts with applicable state insurance regulations in any state where CIA LLC is licensed, the applicable state insurance regulations shall control.

These Terms, together with our Privacy Policy and any applicable supplemental terms for specific Services, constitute the entire agreement between you and Cinco regarding the Platform and supersede all prior agreements, proposals, and communications.

You may not assign, transfer, or delegate your rights or obligations under these Terms without Cinco's prior written consent. Cinco may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this Section is null and void.

If any provision of these Terms is found to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions.

Cinco's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be express, in writing, and signed by an authorized officer of Cinco.

You consent to receive notices, disclosures, and communications from Cinco electronically, including via email or through the Platform. Electronic notices satisfy any legal requirement that communications be in writing.

In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law, electronic signatures are deemed valid and binding for all purposes under these Terms.

All legal notices to Cinco must be sent in writing to: Cinco Inc., Legal Department, 2261 Market Street 92696 San Francisco, CA 94114, with a copy to legal@cincofi.com. Cinco may provide notices to you via your registered email address or through the Platform.

Section headings are for convenience only and shall not affect the interpretation of these Terms.