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TERMS OF SERVICE



INTUIT TERMS OF SERVICE

Section A

GENERAL TERMS

1. AGREEMENT

Thank you for selecting the Services offered by Intuit Limited. and/or its
subsidiaries and affiliates (referred to as "Intuit", "we", "our", or "us").
Review these Terms of Service ("Agreement") thoroughly. This Agreement is a
legal agreement between you and Intuit. By clicking “I Agree,” indicating
acceptance electronically, or by installing, accessing or using the Services,
you agree to this Agreement. If you do not agree to this Agreement, then you may
not use the Services.

If you are an individual acting on your company’s or client’s behalf, you accept
these provisions on their behalf and the term “you” will refer to you, your
company, or your client. 

This Agreement describes the terms governing your use of the Intuit Services. It
includes by reference:

 * Intuit's Privacy Statement
 * Additional terms and conditions, which may include those from third parties.
 * Any terms provided separately to you for the Services, including product or
   program terms, ordering, activation, payment terms, data processing
   agreements, etc.

You must be at least 18 years of age to use our Services. By accessing or using
our Services you agree that:

 * You can form a binding contract with Intuit;
 * You are not a person who is prohibited from receiving the Services under the
   laws of the United States, England, Wales, or any other applicable
   jurisdiction; and
 * You will comply with this Agreement and all applicable local, state,
   national, and international laws, rules, and regulations, including import
   and export regulations.

2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other
intellectual property laws. You are only granted the right to use the Services
and only for the purposes described by Intuit. Intuit reserves all other rights
in the Services. Until termination of this Agreement and as long as you meet any
applicable payment obligations and comply with this Agreement, Intuit grants to
you a personal, limited, nonexclusive, nontransferable right and license to use
the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a
manner that violates any applicable law, regulation or this Agreement. You agree
you will not:

 * Provide access to or give any part of the Services to any third party.
 * Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
 * Decompile, disassemble, or reverse engineer the Services.
 * Make the Services available on any file-sharing or application hosting
   service.

3. PAYMENT

For Services offered on a payment or subscription basis, the following terms
apply, unless Intuit or its third party affiliate notifies you otherwise in
writing. This Agreement also incorporates by reference and includes program
ordering and payment terms provided to you on the website for the Services:

 1. Payments will be billed to you in Euros, U.S. dollars, or other currencies
    which may be made available (plus any and all applicable taxes, including
    without limitation VAT, GST and SST), as shown in the product ordering and
    subscription terms, and your account will be debited when you subscribe and
    provide your payment information, unless stated otherwise in the program
    ordering or payment terms on the website for the Services.
 2. You must pay with one of the following:
 3. A valid credit card acceptable to Intuit;
 4. A valid debit card acceptable to Intuit;
 5. Sufficient funds in a checking or savings account to cover an electronic
    debit of the payment due; or by another payment option Intuit provides to
    you in writing.
 6. If your payment and registration information is not accurate, current, and
    complete and you do not notify us promptly when such information changes, we
    may suspend or terminate your account and refuse any use of the Services.
 7. If you do not notify us of updates to your payment method (e.g., credit card
    expiration date), to avoid interruption of the Services, we may participate
    in programs supported by your card provider (e.g., updater services,
    recurring billing programs, etc.) to try to update your payment information,
    and you authorize us to continue billing your account with the updated
    information that we obtain.
 8. Intuit will automatically renew your monthly, quarterly, or annual Services
    at the then-current rates, unless the Services subscription is cancelled or
    terminated under this Agreement.
 9. Additional cancellation or renewal terms may be provided to you on the
    website for the Services.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device,
Internet access and may require software. You agree that you are solely
responsible for these requirements, including any applicable changes, updates
and fees as well as the terms of your agreement with your mobile device and
telecommunications provider.

INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED AS TO:

 1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS
    TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
 2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
    AND
 3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY
    DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. DATA PROCESSING AND PRIVACY

Data Processing and Privacy. (a) Intuit is the controller of the personal
information it processes about you when you use the Services and (b) You
acknowledge that Intuit will process your personal information as described in
our Privacy Statement when you use our Services.

6. CONTENT AND USE OF THE SERVICES

6.1 Responsibility for Content and Use of the Services.

 1. Content includes any data, information, materials, text, graphics, images,
    music, software, audio, video, works of authorship of any kind, that are
    uploaded, transmitted, posted, generated, stored or otherwise made available
    through the Services ("Content"), which will include without limitation any
    Content that account holders (including you) provide through your use of the
    Services. By making your Content available through your use of the Services,
    you grant Intuit a worldwide, royalty-free, non-exclusive license to host
    and use your Content. Archive your Content frequently. You are responsible
    for any lost or unrecoverable Content. You must provide all required and
    appropriate warnings, information and disclosures. Intuit is not responsible
    for any of your Content that you submit through the Services.
 2. You agree not to use, nor permit any third party to use, the Services to
    upload, post, distribute, link to, publish, reproduce, engage in, promote or
    transmit any of the following:
 3. Illegal, fraudulent, defamatory, obscene, pornographic, profane,
    threatening, abusive, hateful, harassing, offensive, inappropriate or
    objectionable information or communications of any kind, including without
    limitation conduct that is excessively violent, incites or threatens
    violence, encourages "flaming" others or criminal or civil liability under
    any local, state, federal or foreign law;
 4. Content that would impersonate someone else or falsely represent your
    identity or qualifications, or that may constitute a breach of any
    individual’s privacy; is illegally unfair or deceptive, or creates a safety
    or health risk to an individual or the public;
 5. Except as permitted by Intuit in writing, investment opportunities,
    solicitations, chain letters, pyramid schemes, other unsolicited commercial
    communication or spamming or flooding;
 6. Virus, Trojan horse, worm or other disruptive or harmful software or data;
    and
 7. Any Content that you do not own or have the right to use without permission
    from the intellectual property rights owners thereof.

6.2 Restricted Use of the Services. You shall not, and shall not permit any
users of the Services or any other party to, engage in, solicit, or promote any
activity that is objectionable or may be illegal, violates the rights of others,
is likely to cause notoriety, harm or damage to the reputation of Intuit or
could subject Intuit to liability to third parties, including: (i) unauthorized
access, monitoring, interference with, or use of the Services or third party
accounts, data, computers, systems or networks; (ii) interference with others’
use of the Services or any system or network, including mail bombing, broadcast
or denial of service attacks; (iii) unauthorized collection or use of personal
or confidential information, including phishing, pharming, spidering, and
harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion,
is prohibited under this Agreement; (v) any other activity that places Intuit in
the position of fostering, or having potential or actual liability for, illegal
activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or
test the vulnerability of an Intuit system or network or to breach Intuit’s
security or authentication measures, whether by passive or intrusive techniques.
Intuit reserves the right to not authorize and may terminate your use of the
Services based on reasonable suspicion of your activities, business, products or
services that are objectionable or promote, support or engage in any of the
restricted uses described above.

6.3 Community forums. The Services may include a community forum or other social
features to exchange Content and information with other users of the Services
and the public. Intuit does not support and is not responsible for the Content
in these community forums. Please use respect when you interact with other
users. Do not reveal information that you do not want to make public. Users may
post hypertext links to content of third parties for which Intuit is not
responsible.

6.4 Intuit may freely use feedback you provide. You agree that Intuit may use
your feedback, suggestions, or ideas in any way, including in future
modifications of the Services, other products or services, advertising or
marketing materials. You grant Intuit a perpetual, worldwide, fully
transferable, sublicensable, non-revocable, fully paid-up, royalty free license
to use the feedback you provide to Intuit in any way.

6.5 Intuit may monitor Content. Intuit may, but has no obligation to, monitor
access to or use of the Services or Content or to review or edit any Content for
the purpose of operating the Services, to ensure compliance with this Agreement,
and to comply with applicable law or other legal requirements. We may disclose
any information necessary to satisfy our legal obligations, protect Intuit or
its customers, or operate the Services properly. Intuit, in its sole discretion,
may refuse to post, remove, or refuse to remove, or disable any Content, in
whole or in part, that is alleged to be, or that we consider to be unacceptable,
undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS

7.1 Intuit does not give professional advice. Unless specifically included with
the Services, Intuit is not in the business of providing legal, financial,
accounting, tax, health care, real estate or other professional services or
advice. Consult the services of a competent professional when you need this type
of assistance.

7.2 We may tell you about other Intuit Services. You may be offered other
services, products, or promotions by Intuit ("Intuit Services"). Additional
terms and conditions and fees may apply. With some Intuit Services you may
upload or enter data from your account(s) such as names, addresses and phone
numbers, purchases, etc., to the Internet.

7.3 Communications. Intuit may be required by law to send you communications
about the Services or third party products. You agree that Intuit may send these
communications to you via email or by posting them on our websites

7.4 You will manage your passwords and accept updates. You are responsible for
securely managing your password(s) for the Services and to contact Intuit if you
become aware of any unauthorized access to your account. The Services may
periodically be updated with tools, utilities, improvements, third party
applications, or general updates to improve the Services. You agree to receive
these updates.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN
RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND
ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS
(COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE,
TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF
ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF
CONTENT IN OR LINKED TO THE SERVICES. INTUIT AND ITS AFFILIATES AND SUPPLIERS DO
NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION,
ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT
APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF
PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 INTUIT, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR
WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH
ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND SUPPLIERS FOR
ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID
FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO
APPLICABLE LAW, INTUIT, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF
THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS,
THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF
DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE
OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT SYSTEMS REQUIREMENTS. THE
ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS AFFILIATES AND SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE
ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold Intuit and its Affiliates and Suppliers harmless
from any and all claims, liability and expenses, including reasonable attorneys'
fees and costs, arising out of your use of the Services or breach of this
Agreement (collectively referred to as "Claims"). Intuit reserves the right, in
its sole discretion and at its own expense, to assume the exclusive defense and
control of any Claims. You agree to reasonably cooperate as requested by Intuit
in the defense of any Claims.

10. CHANGES. We reserve the right to modify this Agreement, in our sole
discretion, at any time, and the modifications will be effective when posted
through the Services or on our website for the Services or when we notify you by
other means. We may also change or discontinue the Services, in whole or in
part. It is important that you review this Agreement whenever we modify it
because your continued use of the Services indicates your agreement to the
modifications.

11. TERMINATION. Intuit may, in its sole discretion and without notice,
restrict, deny, terminate this Agreement or suspend the Services, related or
other Services, effective immediately, in whole or in part, if we determine that
your use of the Services violates the Agreement, is improper or substantially
exceeds or differs from normal use by other users, raises suspicion of fraud,
misuse, security concern, illegal activity or unauthorized access issues, to
protect the integrity or availability of the Services or systems and comply with
applicable Intuit policy, if you no longer agree to receive electronic
communications, or if your use of the Services conflicts with Intuit’s interests
or those of another user of the Services. Upon Intuit notice that your use of
the Services has been terminated you must immediately stop using the Services
and any outstanding payments will become due. Any termination of this Agreement
shall not affect Intuit’s rights to any payments due to it. Intuit may terminate
a free account at any time. Sections 2.2, 3 through 15 will survive and remain
in effect even if the Agreement is terminated.

12. EXPORT AND TRADE RESTRICTIONS. You acknowledge that the Services, including
the mobile application, and the underlying software may include U.S. technical
data subject to restrictions under export control laws and regulations
administered by the United States government. You agree that you and your
personnel who use the Services are not prohibited from receiving the Services
under the laws of the United States, England, Wales, or other applicable
jurisdiction. For example, you are not on the U.S. Treasury Department’s list of
Specially Designated Nationals or the United Kingdom HM Treasury Financial
Sanctions List, or are subject to any other similar prohibition. You will not
export or re-export any part of the Services, in violation of these laws and
regulations, directly or indirectly.

13. GOVERNING LAW AND JURISDICTION.  This Agreement will be governed by the laws
of England and Wales, without regard to its conflicts of law principles.
Notwithstanding the foregoing, you acknowledge that your breach (or an
apprehension of breach) of any provisions of this Agreement, or any infringement
(or apprehension of infringement) of Intuit’s or its Suppliers’ intellectual
property rights may cause Intuit irreparable damage for which recovery of money
damages would be inadequate. Accordingly, you agree that Intuit shall be
entitled, in addition to any other remedies available to it, to seek (in any
court of competent jurisdiction, notwithstanding the previous sentence) any
relief (whether equitable or otherwise) to prevent or restrain any such breach
or apprehended breach by you or otherwise to protect Intuit’s rights under this
Agreement. The parties hereby submit to the exclusive jurisdiction of the courts
of England and Wales and you agree that you will procure that any third party
making a claim against Intuit arising out of this Agreement shall bring such
claim exclusively in the English courts and subject to the limitations and
exclusions of liabilities provided for in this Agreement.

Intuit does not represent that the Services and/or content within the Services
is appropriate or available for use in all jurisdictions or countries. Intuit
prohibits accessing content from within countries or states where such content
is illegal. You are responsible for compliance with all applicable laws
pertaining to your use and access to the Services in your jurisdiction.

14. LANGUAGE. Any translation of this Agreement is done for local requirements
and in the event of a dispute between the English and any non-English version,
the English version of this Agreement shall govern. In the event of a dispute
the parties confirm that they have requested that this Agreement and all related
documents be drafted in English. 

15. GENERAL. This Agreement, including the Additional Terms below, is the entire
agreement between you and Intuit regarding its subject matter and replaces all
prior understandings, communications and agreements, oral or written, regarding
its subject matter. If any court of law, having the jurisdiction, rules that any
part of this Agreement is invalid, that section will be removed without
affecting the remainder of the Agreement. The remaining terms will be valid and
enforceable. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement. You may not assign or transfer
this Agreement to anyone without written approval of Intuit. However, Intuit may
assign or transfer this Agreement without your consent to (a) an affiliate, (b)
a company through a sale of assets by Intuit or (c) a successor by merger. Any
assignment in violation of this Section shall be void. If you want to request a
transfer of this Agreement, contact Intuit via an email to:
transfer_license@intuit.com.

April 2019

Section B

ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by Intuit (as defined in the Section A Terms)
and described below are subject to the Section A Terms above and these
Additional Terms and Conditions (“Section B Terms”). These Section B Terms will
prevail over any conflict or inconsistency with the Section A Terms.

1. SERVICES.

When you use a QuickBooks product or service, you establish a direct
relationship with the QuickBooks brand, including each product and service in
the QuickBooks family and the entities offering those services.

The Section B Terms include provisions applicable to your use of QuickBooks
generally, as well as additional provisions for your use of specific products
and services.

The Agreement governs your use of each of the following “Services,” as
applicable:




 * QuickBooks Online. QuickBooks Online (“QBO”) is an online solution for
   businesses to perform accounting and business tasks through an online account
   (each a “QBO Account”). Each QBO Account may only be used to support one
   business.
 * QuickBooks Online Certification Program. The QuickBooks Online Certification
   Program is an online training and certification service for professionals
   seeking to become proficient in QuickBooks.

1.1. Modification to Services. We have the right, in our sole discretion, to
revise, update, or otherwise modify the Services or alter your access to the
Services; and for material changes, to the extent reasonably possible, we will
provide you with reasonable notice either posted on the website hosting the
Services or to the Administrator’s (as defined below) email address. Note that
we may modify the amount of storage space you have through the Services and the
number of times (and the maximum duration for which) you may access the Services
in a given period of time. In the event we need to maintain the security of the
system or comply with any laws or regulations, we reserve the right to modify
the Services immediately, and to provide the Administrator with electronic or
written notice within thirty (30) days after any material modifications. You may
reject any changes to the Services by discontinuing use of the Services to which
such changes relate. Your continued use of the Services will constitute your
acceptance of and agreement to such changes.

2. SUBSCRIPTIONS AND USERS

When you initially register for and create an account for a Service, you are, or
a party that you authorize is, the “Administrator”. Administrators may authorize
additional users to access the Services through the same account, subject to
limitations based on the subscription you purchase (such users, “Additional
Users”). All Additional Users will be required to accept the Agreement before
accessing the Services. Only Administrators may designate another individual as
a replacement administrator and you are responsible for your Additional Users'
access to the Services. Once an Administrator closes or terminates access to a
Service, Additional Users will no longer be able to access such Services or any
Content (defined in the Section A Terms) within the Service. If you are an
Administrator, you agree to provide sufficient prior notice to your Additional
Users of your desire to terminate access to the Services. Any violation of the
Agreement by any Additional User may result in the termination of an
Administrator’s or other Additional User’s access to the Services. Additional
Users may not have the same level of access or rights as an Administrator. You
warrant that you have obtained all necessary authorizations from each Additional
User to: (i) act as their agent in using the Services on their behalf and you
accept all liability arising from their use of the Services; and (ii) allow
Intuit to provide the Services.

Additional Payment Terms.

Users outside the United Kingdom and European Economic Area: Under this
Agreement, the payment processing services for goods and/or services purchased
on this website are provided by Intuit Limited on behalf of Intuit Singapore
Pte. Ltd. or by Intuit Singapore Pte. Ltd. until April 30, 2019 and solely by
Intuit Limited on and after May 1, 2019, depending on the type of payment method
used for the purchase of the goods and/or services.

Users outside the United Kingdom and European Economic Area: In the event you
choose to pay with credit card and the payment will be processed via a European
Acquirer, these terms are an agreement between you and Intuit Limited. For any
other type of purchases, these terms are an agreement between you and Intuit
Singapore Pte Ltd. until April 30, 2019; and Intuit Limited on or after May 1,
2019. Goods and/or services will be delivered by Intuit Singapore Pte Ltd.
through April 30, 2019; and by Intuit Limited on and after May 1, 2019.

3. TRIAL VERSION AND BETA FEATURES

If you registered for a trial use of the Service ("Trial Period"), you must
decide to purchase a license to the Service, at the current rate, within the
Trial Period in order to retain any Content that you have entered through
the Services, created within the data file, posted or uploaded during the Trial
Period. If you do not purchase a license to the Services by the end of the Trial
Period, your Content will no longer be available to you. To be very clear, after
using the Services during the trial period, if you decide not to purchase the
license to the full version of the Services, you will not be able to access or
retrieve any of the data you added or created with the Services during the
trial.

From time to time, Intuit may, at its sole discretion, include new and/or
updated beta features (“Beta Features”) in the Services for your use and which
permit you to provide feedback (fees may apply). You understand and agree that
your use of the Beta Features is voluntary and Intuit is not obligated to
provide you with any Beta Features. You understand that once you use the Beta
Features, you may be unable to revert back to the earlier non-beta version of
the same or similar feature. Additionally, if such reversion is possible, you
may not be able to return or restore data created within the Beta Feature back
to the earlier non-beta version. The Beta Features are provided on an “as is”
basis and may contain errors or inaccuracies that could cause failures,
corruption or loss of data and/or information from any connected device. You
acknowledge and agree that all use of the Beta Features is at your sole risk.

4. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that in
order to provide you with access to and use of the Services, Intuit may provide
your access information and account data to (i) your employee or agent who is
identified in the registration data as the current system administrator for your
account (the “Current Administrator”), and (ii) such other employee or agent who
may be designated by you as a replacement administrator for the your account by
following the procedures required by Intuit to effectuate such replacement. Any
other person You identified as an authorized user of the Services will have
access to the account data subject to the access permissions you or the system
administrator assigned to them.

5. PERSONAL INFORMATION.

5.1 The terms "Controller," "Processor," "data subject," "personal data (also
referred to as Personal Information in the Agreement)" and "processing" (and
"process") shall have the meanings given in the Regulation 2016/679 of the
European Parliament and of the Council on the protection of natural persons with
regard to the Processing of Personal Data and on the free movement of such data
(General Data Protection Regulation).

5.2 Our Role.

5.2.1 For users accessing the Services from the European Economic Area (“EEA”),
we are a Controller of the Personal Information you provide through the
Services.

5.3 Personal Information. You represent and warrant to us that:

5.3.1 You will provide appropriate notice and have obtained (or will obtain) all
consents and rights necessary for us to Process the Personal Information in
accordance with this Agreement and our Privacy Statement;

5.3.2 If you are providing Personal Information to us that is not personal to
you, you agree that you have either provided the data subject notice or received
permission from the data subject and have the appropriate legal basis, as
required by applicable law, for us to: (a) use, and/or disclose the personal
information in accordance with our Privacy Statement, (b) move the data outside
of the country of residence of such owner of the personal data, if applicable,
pursuant to our Privacy Statement, (c) provide the Personal Information to Third
Party Products that you approve, and (d) otherwise use and disclose the personal
information in accordance with this Agreement; and

5.3.3 If there is any discrepancy between this Agreement and the Intuit Privacy
Statement with respect the collection, use, and/or disclosure of the personal
information, the Privacy Statement will control. You further acknowledge and
agree that Intuit may provide data in your account to any Additional Users to
which that data is applicable or personal to.

5.4 Public Content.

As a User you may have the opportunity to share your data, Content, or ways in
which you aggregate data (“Account Content”) with other Users, other Intuit
customers, and other third parties. When sharing any Account Content, you agree
not to share any confidential information. If you have the option of accessing
another User’s Account Content, you understand and agree that the Account
Content is being provided by the User, and not Intuit, for information and
guidance purposes only, and Intuit and such User are not responsible in any way
for your use the Account Content.

5.5 Telephone numbers.

You may provide us with your telephone number as part of your customer record or
registration or via other methods. You understand and agree that Intuit may use
your telephone number for "multi-factor authentication” (“MFA"), to confirm your
identity and help protect the security of your account. Part of the MFA identity
verification process may involve Intuit sending text messages containing
security codes to your telephone number. You agree to receive these texts from
Intuit containing security codes as part of the MFA process. In addition, you
agree that Intuit may send automated text messages and pre-recorded voice
messages to the telephone number you provide for other limited purposes,
including: providing you with important critical notices regarding your use of
the Services, or fulfilling a request made by you through the Services.
Additionally, Intuit may use your telephone number to contact you about special
offers or other Intuit or third party products or services unless you opt out of
such marketing. With MFA, you also agree and consent to us obtaining and using
information from your mobile phone service provider, solely for the purposes of
verifying your identity and to compare information you have provided to Intuit
(such information may include from your mobile phone service provider account
record: your name, address, email, customer type, customer role, billing type,
mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber
details).

6. ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.

6.1. General. In connection with your use of the Services and as part of the
functionality of certain versions of the Services, you may wish to have access
to your online account(s) and financial information, including your account
access number(s), password(s), security question(s) and answer(s), account
number(s), login information, and any other security or access information used
to access your financial institution(s) (collectively, your “FI Login Data”) and
the data made available by your financial institutions(s) with such data, which
may include bank balances, transaction activity, credit card charges, debits and
deposits, and any messages or notices between you and the financial
institution(s) (“FI Account Data”). The Services are designed to allow you to
access and download your FI Account Data through the Services, to allow Intuit
to access your financial institution account(s) using your FI Login Data, to
allow Intuit to download and use your FI Account Data, and to allow Intuit to
aggregate and combine your FI Account Data with other data. If you lose or
forget your user name or password, it will be necessary for you to return to the
appropriate financial institution if you have any problems with respect to that
user name or password.

You acknowledge and agree that except as set forth this Agreement, Intuit has no
control over your FI Login Data and no control over the access to your FI
Account Data, does not guarantee that you will be able to use the Services with
your financial institution(s), and will have no liability whatsoever for any
actions or inactions on the part of the financial institution(s) resulting in
your inability to use the Services to access your accounts, obtain data,
download transactions, or otherwise use or access your FI Account Data.

6.2 Collection of FI Login Data and FI Account Data. By agreeing to these terms
and conditions, you:

6.2.1 acknowledge that in accessing your financial institution account(s)
through the Services, your FI Login Data and FI Account Data may be collected,
converted, stored in encrypted form and used by Intuit in the United States for
the purpose of providing the Services;

6.2.2 authorize Intuit to (i) collect and store in encrypted form your FI Login
Data, (ii) access the financial institution(s)’ websites using your FI Login
Data, from time to time; (iii) download and store your FI Account Data; (iv)
reformat and manipulate your FI Account Data; (v) create and provide hypertext
links to your financial institution(s) FI Account Data; (vi) enhance the type of
data and services we can provide to you in the future, and (vii) take such other
actions as are reasonably necessary to perform the actions described in this
Agreement as it relates to your use of the \ Service;

6.2.3 hereby represent that the financial institution(s)’ account(s) and FI
Login Data belong to you, you have the right to use the FI Login Data and FI
Account Data as set out above and that you have the authority to appoint, and
hereby expressly do appoint, Intuit as your agent with all necessary power and
authority to use your FI Login Data and to access and retrieve your FI Account
Data, as described above, on your behalf;

6.2.4 acknowledge that Intuit does not review your FI Account Data and agree
that Intuit is not responsible for its completeness or accuracy;

6.2.5 acknowledge that any transactions or informational activities performed at
any financial institution(s)’ website are not made through the Services and
Intuit assumes no responsibility for any such transactions or activities; and

6.2.6 acknowledge that you are solely responsible for any charges, fees or costs
associated with your financial institution account(s) when accessed through
the Services by you or by Intuit. 

6.3. Information from Financial Institutions’ Websites. You acknowledge that (i)
some financial institution(s) may not permit Intuit or other third parties to
have access to FI Login Data or to allow the Services to access your FI Account
Data; (ii) financial institution(s) may make changes to their websites, with or
without notice to you or Intuit, that may affect the overall performance of
the Service and prevent or delay aggregation of data from such websites; and
(iii) the Services refreshes your Services account data by collecting the FI
Account Data automatically or manually (depending on your financial
institution(s) or any changes by you that may require an update), so your most
recent transactions may not always be reflected in the account balances or other
account information presented to you by Intuit through the Services. If you see
a discrepancy in your Services account data as compared to your FI Account Data,
and in any case before making any transactions or decisions based on such
account data presented in the Services, you should check the last refresh date
for your financial institution account(s) and confirm the accuracy of
the Services account data against your FI Account Data and manually update such
data as necessary.

7. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS
TO THE ONLINE DATA TRANSFER FEATURE).

You may have the option for Intuit to transfer your data files from the Services
in order to facilitate certain interoperability, data integration, and data
access between the Services and certain supported ancillary services (the
“Ancillary Services”) you may sign up for and use in connection with
the Services (the “Online Data Transfer”). In order for you to select the Online
Data Transfer option, you must (i) have registered select versions of
the Services, (ii) have Internet access, (iii) have an active subscription to
the Services; and (iv) and may need to be an active subscriber to the Ancillary
Services. If you select the Online Data Transfer option, a copy of all or part
of your company data files will be transferred via the Internet to Intuit’s
servers; where you grant Intuit the right and license to (i) host and maintain
your data, (ii) use and transfer your data to the Ancillary Services and (iii)
reformat and manipulate your data as reasonably necessary for the data to
function with the Ancillary Services. Your original data files will remain in
the Services. If you sign up for any Ancillary Services that support Online Data
Transfer, you will have the option to request that Intuit send your data to any
of those supported Ancillary Services. If a supported Ancillary Service is
provided by a third party, you authorize Intuit to transfer your data to and
from the third party provider to enable provision of the Ancillary Services to
you. Intuit will support and maintain the data transfer service as part of
the Service. You agree that the third party provider may transfer your data from
the Ancillary Service to Intuit, and that, Intuit may use such data subject to
the terms of this Agreement. You agree and acknowledge that Intuit has no
control over any third party provider or any third party Ancillary Services.
Your use of the Ancillary Service is subject to additional third party terms and
conditions. Please carefully review their terms and conditions, including
privacy policy. If you do not agree with their terms and policies, you should
not use or access the third party Ancillary Service and you should not authorize
the Online Data Transfer to the third party Ancillary Service. .

8.  SERVICE USE, STORAGE AND ACCESS. Intuit shall have the right, in its sole
discretion and with reasonable notice posted on an Intuit website and/or sent to
you at the Current Administrator’s email address provided in the Registration
Data, to revise, update, or otherwise modify the Services and establish or
change limits concerning use of the Service, temporarily or permanently,
including but not limited to (i) the amount of storage space you have on
the Services at any time, and (ii) the number of times (and the maximum duration
for which) you may access the Services in a given period of time. Intuit
reserves the right to make any such changes effective immediately to maintain
the security of the system or User Access Information or to comply with any laws
or regulations, and to provide you with electronic or written notice within
thirty (30) days after such change. You may reject changes by discontinuing use
of the Services to which such changes relate. Your continued use of the Services
will constitute your acceptance of and agreement to such changes. Intuit may,
from time to time, perform maintenance upon the Services resulting in
interrupted service, delays or errors in the Services. Intuit will attempt to
provide prior notice of scheduled maintenance but cannot guarantee that such
notice will be provided.

9.  CANCELLATION. Upon cancellation you will be able to access the Services only
through the end of the subscription term, as specified in the product or product
program pages. After the subscription term ends, you will not have any access to
the Services. There are no refunds upon cancellation. Please follow product
instructions to cancel your account.

10. QUICKBOOKS ONLINE INTERNATIONAL CERTIFICATION PROGRAM. “QuickBooks Online
International Certification Program” offers access to “Learning Courses” and
“Certification Exams” to improve QuickBooks proficiency. Learning Courses
include interactive learning programs, including videos and learning
curriculums. Certification Exams include QuickBooks knowledge assessments. The
QuickBooks Online International Certification Program is for accountants,
bookkeepers, and other individuals or entities that provide accounting and other
financial services to their clients.

QuickBooks Online International Certification Program offers a “QuickBooks
Certification Badge” and a “QuickBooks Certificate of Completion” to individuals
who have demonstrated their proficiency in the topics covered by the
Certification Exams by successfully completing the testing requirements.
Successful completion of a Certification Exam means that you have passed an
online, open-book exam administered by Intuit which covers various
QuickBooks-related topics. Those that successfully complete a Certification Exam
may be licensed to use the QuickBooks Certification Badge and the QuickBooks
Certificate of Completion (“Certification Badge and Certificate”) as set forth
by this Agreement and the Trademark Restrictions (see below).

10.1 Disclaimer of Relationship. Except as described in this Agreement, nothing
in these Terms or otherwise with respect to your participation in any Services
establishes any relationship between you and Intuit. You agree not to
misrepresent your relationship with Intuit or your level of skill and knowledge
related thereto.

10.2 Enrollment. The QuickBooks Online International Certification Program
(“Program”) is open only to legal residents of the country supporting the
applicable Program (the “Territory”). You certify that the information supplied
to participate in the Services is true and correct. The information is for the
express use of Intuit and the mere enrollment in the Services does not
constitute certification or endorsement by Intuit. You understand that Intuit
reserves the right to discontinue any enrollment and subsequent completion of
the Services that do not meet the criteria for participation, and that such
criteria shall be determined from time to time in Intuit’s sole discretion.

10.3 Testing Requirements.

10.3.1. Completion of a Certification Exam. Successful completion of a
Certification Exam means that you have achieved the minimum required passing
score for a Certification Exam, within the time period noted in this section,
and comply with all other requirements in this Agreement or otherwise
communicated to you by Intuit. You will be able to take the exam up to three (3)
times during a thirty (30) day period. A grade of 80% or higher is considered
passing the Certification Exam and Intuit reserves the right to immediately
rescind and/or cancel any Certification Badge and Certificate at its sole
discretion, including where completion of the testing requirements was done
through unauthorized or unethical means. You acknowledge that Intuit has the
right, in its sole discretion, to change at any time the requirements for
obtaining or maintaining a Certification Badge and Certificate.

10.3.2 Learning Courses. You acknowledge that Intuit has the right, in its sole
discretion, to change at any time the Learning Courses.

10.3.4 No Transfer. Your status and any license to use the Certification Badge
and Certificate are personal to you and neither may be transferred nor assigned
to any other person or entity.

10.3.5 Requirements and Restrictions. You agree (1) not to misrepresent your
certification status or your level of skill and knowledge related thereto; (2)
to provide support and services consistent with the Program; and (3) to use best
efforts to resolve any complaints or disputes with your clients regarding your
services in a fair and timely manner. You are required to comply with the
following requirements and restrictions:

 * You must take the exam independently, without any assistance from another
   person.
 * You must not solicit or allow another person to take the exam on your behalf.
 * You must not reproduce, use, or disclose any of the exam content in any form
   (eg. digital, print, verbal) to anyone before, during, or after testing.
 * You must not offer to sell, publish, display, distribute, disclose, or
   reproduce any part of the exam content, by any means.

10.4 No Academic or Licensing Credit. Participation in or completion of the
Learning Courses and Certification Exams do not confer any academic credit.
QuickBooks Online International Certification is not a business degree or an
accredited program, it does not satisfy continuing education requirements,
federal or state regulations, or registration or licensing requirements. Intuit
has no obligation to have the Services recognized by any educational institution
or accreditation organization. 

10.5 Protection of Interest

10.5.1 Acknowledgment of Rights. You acknowledge Intuit’s exclusive rights in
all of its trademarks, trade names, logos (including, without limitation, the
QuickBooks Certification Badge and Certificate) and service marks (“Intuit
Marks”) and all goodwill associated therewith, and acknowledge that any and all
plain-text uses of Intuit Marks by you inure solely to the benefit of Intuit.
You shall not challenge Intuit’s exclusive rights in and to the Intuit Marks.
You shall not do anything that might harm the reputation or goodwill of Intuit
or any of the Intuit Marks. You shall not take action inconsistent with Intuit’s
rights in the Intuit Marks. You shall not adopt, use, or register any corporate
name, trade name, trademark, service mark, internet domain name, or other
designation confusingly similar to the Intuit Marks or incorporating in any way
any of the Intuit Marks. If at any time you attempt to acquire any rights in, or
registration(s) or application(s) of any kind for, containing or corresponding
to the Intuit Marks by operation of law or otherwise, you will immediately and
at no expense to Intuit assign such rights, registrations, names or applications
to Intuit, along with any and all associated goodwill.




10.5.2 Enforcement. In the event you become aware of any unauthorized use of the
Intuit Marks by a third party, you should promptly notify Intuit in writing, and
shall cooperate fully, at Intuit’s expense, in any enforcement of Intuit’s
rights against such third party.

10.6 Conduct of Business. You agree (a) to conduct business and provide services
in a manner which reflects favorably at all times on the products, services,
goodwill and reputation of Intuit; (b) to conduct business and provide services
in full compliance with all applicable laws and regulations; (c) to conduct
business and provide services in full compliance with all agreements you may
have with Intuit, including but not limited to the Intuit Services Terms of
Services; (d) not to engage in illegal, deceptive, misleading or unethical
practices; (e) not to make any statements, representations, warranties, or
guarantees to customers that are inconsistent with the policies established by
Intuit; (f) to provide support and services of the highest quality and
integrity; and (g) to use best efforts to resolve any complaints or disputes
with your clients regarding your services under the Program in a fair,
ethical, and timely manner. You agree not to use or display any materials or
content in your website in a manner that is, as determined by Intuit in its sole
discretion, defamatory, misleading, libelous, obscene or otherwise potentially
damaging to the reputation of Intuit, or the goodwill associated with Intuit.
You further agree that you will use the Program and its benefits to assist and
counsel small business clients on their use of QuickBooks products, and not for
any other purpose. If Intuit determines in its sole discretion that you are
using the Program for any unauthorized purpose, for a purpose that conflicts
with the goals of the Program, or otherwise in violation of Program
requirements, we reserve the right to terminate your account at our sole
discretion.

10.7 License Grant and Limitations on License Grant.

10.7.1 License Grant. Subject to your obtaining and maintaining an QuickBooks
Certification Badge and Certificate under the terms of this Agreement, and to
your full compliance with this Agreement, Intuit hereby grants and you accept a
non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable
license to use the Certification Badge and Certificate in the Territory, only as
set forth in this Agreement, which may be modified from time to time at Intuit’s
sole discretion without notice. No other right, title, or license is granted
hereunder, either by implication, estoppel, or otherwise.




10.7.2 Limitations on License to Use the Certification Badge and Certificate.
The Certification Badge and Certificate may not be used for any other purpose or
in any manner other than as described in the Trademark Restrictions in this
Agreement. In addition, if at any time Intuit requests that you discontinue
using the Certification Badge and Certificate and/or substitute a new or
different badge of completion, you will immediately cease use of the
discontinued Certification Badge and Certificate and cooperate fully with Intuit
to ensure that all legal obligations have been met with regard to ceasing use of
the Certification Badge and Certificate. 

10.7.3 NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, INTUIT HAS THE
RIGHT TO REVOKE, NOT TO GRANT, OR NOT TO RENEW YOUR STATUS AND/OR YOUR LICENSE
TO USE THE CERTIFICATION BADGE AND CERTIFICATE IF INTUIT DETERMINES IN ITS SOLE
DISCRETION THAT YOUR USE MAY ADVERSELY AFFECT INTUIT IN ANY WAY. 

10.7.4 Term. Rights and obligations shall commence on the date you successfully
complete a Certification Exam and obtain an Certification Badge and Certificate
directly from Intuit and will terminate upon your loss or termination of
Certificate Badge and Certificate status or upon termination of the Services.




10.7.5 Termination by Intuit. Without prejudice to any rights it may have under
this Agreement or in law, equity, or otherwise, Intuit may terminate a
Certification Badge and Certificate under this Agreement immediately upon the
occurrence of any one or more of the following events, at Intuit’s sole
discretion:

 * You fail to keep current/maintain your certified status by not taking the
   Certification Exam within the required time frame;
 * You fail to perform any of your obligations under this Agreement, including,
   without limitation, the terms related to the Trademark Restrictions;
 * A government agency, state licensing body, or court finds that services
   provided by you fail to comply with applicable laws or regulations, or are
   defective or improper in any way, manner or form;
 * If actual or potential adverse publicity or other information emanating from
   a third party or parties, about you, the services you provide, or the use of
   the Certification Badge and/or Certificate by you causes Intuit, in its sole
   judgment, to believe that Intuit or its reputation may be adversely affected;
   or
 * You resell and/or distribute the Services provided to you by Intuit in
   violation of this Agreement.
 * You publicly discuss the Certification Exam questions or answers.
 * Intuit has reason to believe that you cheated on the Certification Exam.
 * Intuit discovers any information that would have precluded you from obtaining
   a Certification Badge and Certificate, including but not limited to the
   submission of false ID credentials, or dishonesty during the course of exam
   testing.
 * Your employment with Intuit has been terminated as a result of an
   investigation for violating Intuit’s policies.




10.8 Trademark Usage Restrictions. All approved uses of the Certification Badge
and Certificate must conform to the following usage restrictions (“Trademark
Restrictions”):




10.8.2 Approved Usage. Licensee(s) who are granted a limited license to use the
Certification Badge and Certificate may use it solely for the purposes of
notifying clients or prospective employers of the Licensee(s) successful
completion of a Certification Exam. No other use is permitted. Users who have
passed a Certification Exam, have obtained an active Certification Badge and
Certificate which are active and in good standing may use the Certification
Badge and Certificate for the Approved Purpose only in the following instances:
Professional profiles, websites, or resumes solely to indicate the completion of
the Certification Exam. All such Approved Materials must separately contain your
own name in a size that must be at least as large as theCertification Badge and
Certificate. 

10.8.3 Expiration. Once a Certification Badge and Certificate has expired you
must remove the Certification Badge and Certificate from any and all materials.
An Certification Badge and Certificate expires one (1) year from issuance,
unless you take and successfully complete the Certification Exam again.




10.8.4 No Use in Direct Business Source Identifiers. The Intuit, QuickBooks,
QuickBooks ProAdvisor, QB, or other similar marks or logos, including but not
limited to “Quick”, “Intui”, “intuitive”, “intuition”, “intu”, “tuit”, “tui”,
“Turbo” or “Mint” (or phonetic equivalents) cannot be used in your company name,
product/service name or in your direct business source identifiers such as
stationery, business cards, company signs, domain names, or company website
titles. These identifiers indicate the name of your business and, thus, the
source of its products or services. In order to avoid any possible confusion
with regard to the source of Intuit’s products/services, versus your or another
party’s products/services, use of Intuit’s trademarks in these source
identifiers is prohibited.




10.8.5 No Use of Intuit Company Trade Name, Trademark, or Company Logo. No
person or company except Intuit may use the Intuit company name, trademark, or
company logo. The only use of the company name that is permitted is the
plain-text listing of the ownership legend for Intuit’s trademarks, as shown in
10.8.6 below.




10.8.6 Appropriate Ownership Legends Must Be Used. The appropriate ownership
“legend” must be displayed at least once in any materials where the
Certification Badge or Certificate appears. Such legend should generally read as
follows: “QuickBooks and the QuickBooks Certification Badge are trademarks
and/or service marks of Intuit Inc., used with permission.” 

10.8.7 Design Requirements. When reproducing the Certification Badge or
Certificate, the only modification that is allowed is to resize the
Certification Badge or Certificate design in exact proportion to its original
height and width. No re-sampling or other attempted duplication is allowed and
no alteration, modification, cropping, or addition is permitted. The
Certification Badge or Certificate as supplied by Intuit cannot be “violated” or
touched by any other text or graphics in any way, and there must be a border of
space of at least fifteen percent (15%) of the total height of the Certification
Badge or Certificate surrounding it on all sides in every instance where
it appears. The proportion of the Certification Badge or Certificate should
remain consistent. Stretching, condensing, distorting or otherwise altering the
is prohibited. The Certification Badge or Certificate may not be placed on
backgrounds with insufficient contrast, photos or illustrations, strong
patterns, or texture




10.8.7 Right to Inspect. Intuit shall have the right to inspect your provision
of support and services under this Agreement, your business premises, and all
signage, advertisements, promotional material, and documentation in order to
ensure your full compliance with the terms and conditions of this Agreement. You
shall cooperate fully and shall promptly provide Intuit access to all reasonably
requested materials and to such portions of your business premises reasonably
necessary to permit Intuit to exercise its right to inspect.




10.9 Program Term. The Program shall commence on enrollment and will continue,
until and unless terminated as set forth in this Agreement (“Term”).




10.9.1 Default and Termination. Intuit or you may terminate your enrollment in
the Program at any time, with or without cause, by written notice to the other
not less than THIRTY (30) DAYS before the effective date of such termination
notice. Intuit may terminate your enrollment in the Program for cause effective
immediately and without notice in the event that: (i) Intuit determines in its
sole discretion that you have behaved unprofessionally or otherwise unacceptably
towards any Intuit employees, contractors, or sales, customer service, or
technical support agents; (ii) Intuit has received negative feedback about you;
(iii) you fail to perform any of your obligations under this Agreement or is
otherwise in default hereunder and such failure or default remains unremedied
for FIFTEEN (15) DAYS after written notice thereof; (iv) Intuit, in its sole
discretion, determines that you do not meet the criteria for enrollment in the
Program, or any other requirements, as determined by Intuit from time to time;
(v) you commit a felony; (vi) Intuit has reason to believe you have engaged in
an unlawful business practice; or (vii) you engage in any conduct or proposed
conduct that exposes or threatens to expose Intuit to any liability or
obligation, including any obligation under federal, state or local law. or
(viii) your employment with Intuit has been terminated as a result of an
investigation for violating Intuit’s policies 

10.9.2 Effect of Termination. Upon expiration or termination, regardless of the
reason thereto: (a) all privileges and benefits of the Program will be
immediately revoked; (b) you shall immediately cease use of the name “QuickBooks
Certified” and any other permitted uses of trademarks, names or terms provided
to you under this Agreement. You shall also discontinue representing in all
instances and locations (e.g., on materials, website, etc.) that you are
enrolled in the Program; (c) you shall promptly return to Intuit all Intuit
confidential information or certify in writing that it has destroyed such
information; (d) all rights and licenses granted under this Agreement (including
without limitation the license to use the Certification Badge and Certificate)
will immediately and automatically terminate; and (e) you shall immediately
cease use of the Certified Badge Certificate and shall discontinue representing
that you are QuickBooks Certified or make any other unauthorized statement
regarding such status.




10. SOCIAL MEDIA SITES. Intuit may provide experiences on social media platforms
such as Facebook®, Twitter® and LinkedIn® that enable online sharing and
collaboration among anyone who has registered to use them. Any content you post,
such as pictures, information, opinions, or any Personal Information that you
make available to other participants on these social platforms, is subject to
the Terms of Use and Privacy Policies of those platforms. Please refer to those
social media platforms to better understand your rights and obligations with
regard to such content.

11. THIRD PARTY PRODUCTS AND SERVICES. Intuit may tell you about third party
products or services, including via the Service. Intuit may offer products and
services on behalf of third parties who are not affiliated with Intuit (“Third
Party Products”) and/or provide access or links to third party websites ("Third
Party Sites"). If you decide to use any Third Party Products or access any Third
Party Sites, you are solely responsible for your selection, review of separate
product terms, website terms and privacy policies. . Intuit is not affiliated
with these Third Party Products or Third Party Sites and does not endorse or
recommend Third Party Products even if such products are marketed or distributed
via our products, website or associated with Intuit in any way. You agree that
the third parties, and not Intuit, are solely responsible for the Third Party
Product’s performance (including technical support), the content on their
websites and their use or disclosure of your data. Intuit will not be liable for
any damages, claims or liabilities arising from the third parties, Third Party
Products or Third Party Sites.

You agree that you will (i) comply with all applicable laws, regulation and
ordinances; (ii) not use the Third Party Products in any manner that would
infringe or violate the rights of Intuit or any other party; and (iii) not use
the Third Party Products in any way in furtherance of criminal, fraudulent or
other unlawful activity.

12. ACCOUNT INFORMATION SERVICES

12.1 Users of the Services may opt to use Account Information Services to
automatically import transaction and other information ("transaction
information") into the relevant QBO Account as an alternative to manually
entering this transaction information.

12.2 The Account Information Services as described in section 11.3 below are
provided to you by Intuit Limited, 1 Cathedral Piazza, London, SW1E 5BP, United
Kingdom. Intuit Limited is registered with the Financial Conduct Authority under
the Payment Service Regulations

12.3 Account Information Services allows you to connect certain bank or other
payment accounts you hold (“account") with your QBO Account to automatically
import transaction information from that account. You can choose whether to
connect with your bank account using the direct feed option or the web feed
option.

(a) For the direct feed option, you will be required to complete either a
customer authority form or follow your bank’s authentication process which
instructs your bank (or other financial institution) to share transaction
information with Intuit Limited. Your bank (or other financial institution) may
request that you authorise this by completing its own authority as well or
instead. Once authorised, your bank will provide Intuit Limited with transaction
information. You hereby acknowledge that Intuit Limited will receive this
information more than four times a day.

(b) For the web feed option we will request your online banking security
credentials. Once we connect to your bank, our product downloads your
transaction information automatically and securely. Each time you sign-in to
your QBO Account, we will use your stored online banking credentials to connect
to your bank and download your transaction information so that you have the
latest information. You may be required to submit additional credentials, such
as from multi-factor authentication devices.

We will process the transaction information obtained from your bank and present
this to you via your QBO Account and, where relevant, any Additional Users that
have been granted access to your QBO Account in accordance with clause 19 or, if
you have granted your accountant access to your QBO Account via QBOA, your
accountant or financial advisor.

12.4 If you have a complaint relating to the Account Information Services you
can contact us by telephone on 0808 234 5337

12.5 If your complaint relates to Account Information Services and we do not
resolve it to your satisfaction, you may be able to refer it to the UK Financial
Ombudsman Service. You can contact the UK Financial Ombudsman by telephone on:
from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20
7964 0500 on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; by post at
The Financial Ombudsman Service, Exchange Tower, London E14 9SR; or by email:
complaint.info@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is
also available in a number of different languages and if you need it you will be
put in touch with a translator when you contact the UK Financial Ombudsman
Service.

12.6 Intuit can, at its own discretion, block your account in case of any risk
or event that can affect the security of your credentials or of your account
content, it being specified that you will be informed as soon as possible in
case such action has been taken.

12.7 In the event of any conflict with any other provision of this Agreement,
the provisions of this Section 11 shall prevail as regards the provision of the
regulated activity of Account Information Services.

12.8 The Agreement related to the provision of Account Information Services is
entered into for an indefinite period of time. It shall enter into force as from
the time you agree to it.

12. APPLE REQUIREMENTS.

If you downloaded the Software from the Mac App Store, the following terms also
apply to you:

i. Acknowledgement: You acknowledge that this Agreement is between you and
Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible
for the Software and the content thereof.

ii. Scope of License: The license granted to you for the Software is a limited,
non-transferable license to use the Software on Mac product that you own or
control and as permitted by the Usage Rules set forth in the terms of service
applicable to the Mac App Store.

iii. Maintenance and Support: Intuit and not Apple is solely responsible for
providing any maintenance and support services, for which additional fees may
apply, with respect to the Services. You acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with
respect to the Software.

iv. Warranty: Intuit is solely responsible for any product warranties, whether
express or implied by law, to the extent not effectively disclaimed. In the
event of any failure of the Software to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for the Software to
you. To the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Software, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Intuit’s sole responsibility.

v. Product Claims: Intuit, not Apple, is responsible for addressing any user or
third party claims relating to the Software or the user’s possession and/or use
of the Software, including, but not limited to: (i) product liability claims;
(ii) any claim that the Software fail to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation.

vi. Intellectual Property Rights: You acknowledge that, in the event of any
third party claim that the Software or your possession and use of the Software
infringes that third party’s intellectual property rights, Intuit, not Apple,
will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim.

vii. Legal Compliance: You represent and warrant that (i) you are not located in
a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a terrorist-supporting country; and (ii)
you are not listed on any U.S. Government list of prohibited or restricted
parties.

viii. Developer Contact Info: Direct any questions, complaints or claims to:
Intuit Inc, 2632 Marine Way, Mountain View, CA 94043

ix. Third Party Terms of Agreement: You must comply with any applicable third
party terms of agreement when using the Software.

x. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s
subsidiaries are third party beneficiaries of this Agreement, and that, upon
your acceptance of the terms and conditions of the Agreement, Apple will have
the right (and will be deemed to have accepted the right) to enforce the
Agreement against you as a third party beneficiary thereof.

14. COUNTRY SPECIFIC TERMS

In the event of a conflict between the terms of general Terms of Service and the
Country Specific Terms, the Country Specific Terms shall apply: Notwithstanding
any to the contrary above, if you are accessing or using the Services in the
following countries, you also agree to the following:

AUSTRALIA

The parties acknowledge and agree that this Agreement is only between You and
Intuit Australia Pty Limited.

Limitation of Liability. FOR THE AVOIDANCE OF DOUBT, INTUIT DOES NOT EXCLUDE
LIABILITY ARISING UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF
AUSTRALIA.

 Governing Law and Arbitration. The validity, construction and performance of
this Agreement will be governed by and construed in accordance with the laws of
New South Wales, Australia. All disputes, controversies or claims in connection
with this Agreement or breach thereof, shall be finally settled under the Rules
of Conciliation and Arbitration of the International Chamber of Commerce (“ICC
Rules”) by one arbitrator mutually agreed to by the Parties and appointed in
accordance with the ICC Rules. The place of arbitration shall be in Sydney,
Australia, and all proceedings, including required notices and requests to the
Parties shall be in conducted in the English language. Each Party may select its
own counsel, including foreign counsel to participate on its behalf. The Parties
may engage in reasonable discovery subject to the ICC Rules and any additional
discovery requirements mutually agreed to by the Parties. The award by the
arbitrator shall be final and binding on the Parties, and each Party hereby
waives to the fullest extent permitted by law any right it may otherwise have
under the laws of any jurisdiction to any form of appeal. Each Party will be
responsible for its own costs of arbitration. 

MALAYSIA

Consumer Protection Act 1999 (“CPA”). Notwithstanding governing law of this
Agreement being that of the Laws of England and Wales, such choice of law will
not deprive a business or consumer in Malaysia of the mandatory protection
afforded to them by the Malaysian Consumer Protection Act 1999 (“CPA”).

NEW ZEALAND

Affiliate Definition. An “Affiliate” means a Related Company as defined in
section 2(3) of the Companies Act 1993 (read as if the expression "company" in
that subsection included any body corporate of any jurisdiction).

New Zealand Consumer Guarantees Act 1993. The New Zealand Consumer Guarantees
Act 1993 does not apply.

Contracts (Privity) Act 1982. For the purposes of the Contracts (Privity) Act
1982, Intuit’s affiliates and subsidiaries are third party beneficiaries and
shall be entitled to enforce the terms of this Agreement against you but any
changes may be made to this Agreement by Intuit without their consent.

UNITED KINGDOM

Compliance with preservation orders. Intuit accepts no liability to you under
this Agreement, or otherwise at law, for compliance by Intuit with any order or
notice, whether issued to Intuit or to you, and whether issued by any court,
tribunal, regulatory authority, arbitral tribunal or any body or authority
exercising judicial, quasi-judicial, regulatory, or arbitral power or authority,
requiring the preservation of any data, information documents or Content (a
“Preservation Order”). To the extent that a Preservation Order has been issued
to you, you acknowledge that you are solely responsible for your compliance with
it.

Last Updated: January 21, 2022


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