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TERMS OF SERVICE


INTUIT TERMS OF SERVICE QUICKBOOKS ONLINE SERVICE








INTUIT GENERAL TERMS

Section A





TERMS BELOW APPLY TO ALL NON UNITED STATES, UNITED KINGDOM, AUSTRALIAN, AND
CANADIAN CUSTOMERS, THE TERMS OF WHICH ARE SEPARATELY LOCATED AT INTUIT'S TERMS
PAGE

Section A Rev 03252024













Introduction and Overview                                             

Thank you for choosing our services offered by The Rocket Science Group LLC
d/b/a Intuit QuickBooks, a United States company having offices in 675 Ponce
deLeon Ave NE, Suite 5000, Atlanta, Georgia, 30308. We provide a platform (the
“Platform”) that encompasses (1) a variety of services, including QuickBooks
(each, a “Service”); and (2) installable software (including mobile
applications), any accompanying documentation, and any updates to such software
or documentation (collectively, “Software”). The Rocket Science Group LLC, along
with any parent, subsidiary, affiliate, or related companies (including those
listed here and at https://www.intuit.com/legal/intuit-group-companies/) are
referred to in these provisions as “Intuit Group Companies” or simply “Intuit”
or “us.”

When you use the Platform, you enter into a binding contract with us. Each
section of the agreement begins with an italicized annotation that is intended
to help you navigate the agreement. The annotations do not completely summarize
the agreement, though, and you should read each section carefully and in full.
We’ve also bolded a few areas that talk about important legal rights, and you
should be sure to read those sections carefully. These provisions in Section A
apply to the Platform generally and are separate from the provisions in Section
B which include additional provisions for your use of specific Intuit Software
or 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.

Agreement to These Terms

You need to agree to these terms to use our Platform. By using the Platform, you
are instructing us to share your data across our Platform for marketing,
eligibility, and other purposes described in our Global Privacy Statement,
consistent with applicable law. This data may include credit information and
other information we obtain from third parties.

To access and/or use the Platform, you acknowledge and agree:

To the terms and conditions of this agreement (“Agreement”), which includes:

 * Intuit’s Global Privacy Statement;
 * The current version of the terms set out in Section A and Section B;
 * Any additional provisions and conditions provided separately to you for your
   use of the Platform, which may include terms and conditions from third
   parties (which we refer to as “Additional Terms”);
 * You are at least 18 years of age;
 * You are capable of forming a binding contract with Intuit;
 * You are not based in comprehensively embargoed and comprehensively sanctioned
   jurisdictions, including Cuba, Iran, North Korea, Syria and the regions of
   Crimea, Zaporizhzhia and Kherson, the Donetsk People's Republic (DNR) and
   Luhansk People's Republic (LNR) in Ukraine, and Russia , or are not otherwise
   prohibited from using the Platform under the laws and regulations of the
   United States, or any other applicable jurisdiction; and
 * You are not included in lists maintained by the United States or other
   applicable jurisdictions prohibiting transactions with and the export of US
   products to certain entities, people, and jurisdictions.

You understand that by using certain Services, you are providing written
instructions in accordance with the Fair Credit Reporting Act and other
applicable law to permit Intuit Inc. and its affiliated companies to obtain and
periodically refresh your credit information and other information about you
from third parties for marketing, eligibility, and other purposes described in
Intuit's Global Privacy Statement. You understand that your instructions
authorize Intuit and its affiliated companies to obtain such information now and
periodically in the future for as long as you have a registered Intuit account.
We will stop refreshing your credit information when you cancel your account
through your account settings.

Your Personal Information

We want to be transparent about how we use personal information and about your
rights in our Privacy Statement. You should only provide us with personal
information of others if you have received permission to do so.

You agree that Intuit may use and maintain your personal information according
to Intuit’s Global Privacy Statement and any changes published by Intuit.

To the extent we allow you to input personal information (as the term is defined
under applicable law) about other individuals other than yourself, you represent
and warrant that you have complied with all applicable laws and received the
proper authority or consent to allow us to collect and process such information
to operate our business, in accordance with our Global Privacy Statement.

Changes

Change happens. When it does happen, we will update this Agreement. If the
changes are material, you may need to accept the changes to use the Platform.
Similarly, there may be circumstances where we need to update or discontinue the
Platform.

We may modify the provisions of this Agreement at any time. We may notify you of
such modifications by posting through the Platform or on our website or by other
means. It is important that you review this Agreement whenever we modify it
because your continued use of the Platform indicates your agreement to the
modifications.

In some cases, you may need to accept changes to this Agreement to continue
using the Platform. If you do not agree to the changes, you may stop using the
Platform or terminate your account.

Similarly, we may update the Platform, including with tools, utilities,
improvements or third party applications. You agree to receive these updates. We
may further modify, suspend or discontinue the Platform at any time. You agree
that we will not be liable to you or any third party for any modification,
suspensions, or discontinuance of the Platform.

Your Rights to Use the Platform

You can use our Platform for your own lawful use or as otherwise permitted under
this Agreement.

Except as set forth in the Section B terms, you may access and use the Platform
for your own internal, lawful and non-commercial purposes only.

Beta Features

We may provide you with access to beta features in the Platform. You are free to
use them, but they are provided as-is.

We may include new and/or updated pre-release and trial features in the Platform
and such features are provided as-is. Your use of such features is at no
additional cost but you must follow additional rules or restrictions that we may
place on their use.

Account

You will provide accurate, up-to-date account information and securely manage
such information.

You may need to sign up for an account to use the Platform. We may need to
verify your identity and you authorize us to collect information (e.g., date of
birth, address) from you to do so (collectively, with all information requested
to enable your account, “Account Information”). You will provide accurate,
up-to-date Account Information, and we disclaim any liability arising from your
failure to do so. Such failure may further limit your ability to use the
Platform and affect the Platform's accuracy and effectiveness.

You are responsible for securely managing your Account Information, including
any password(s) for the Platform. You will notify us immediately if you believe
that your Account Information or device you use to access the Platform has been
lost or stolen or that someone is using your account without your permission.

Payment & Cancellations

Some Services may be free, others may have costs associated. For those with
costs, we may charge your payment method for fees or on a subscription basis.
You may cancel your subscription at any time (but you may not receive a refund).

We may require payment of fees or a subscription charge for use of the Platform
(or certain portions of the Platform) and you agree to pay such fees. If you
registered for a trial, you may need to purchase the Platform before the trial
ends in order to retain access to any content provided to, or created through,
the Platform. 

Payments will be billed 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. 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., and your account will be charged upon purchase
and when you provide your payment information, unless stated otherwise in
applicable payment provisions. If your payment information is not accurate,
current, and complete, we may suspend or terminate your account. If you do not
notify us of updates to your payment information, we may participate in programs
supported by your card provider to try to update your payment information, and
you authorize us to continue billing your account with the updated information
that we obtain.

You agree you may receive invoices for the Services in an electronic form.

In the event that any payments, price and/or amount payable by you to Intuit is
subject to (i) any withholding or similar tax; or (ii) any tax (including
without limitation VAT and GST) or other tax or levy not collected by Intuit; or
(iii) any other tax or other government levy of whatever nature, the full amount
of that tax or levy shall be solely your responsibility, and shall not reduce
the amount to which Intuit is entitled under this Agreement. You agree to
indemnify and hold Intuit harmless against any and all claims by any competent
tax authority related to any such withholding or similar taxes, and any
penalties and/or interest thereon.

You may be charged a subscription fee in advance on an annual basis or other
recurring interval disclosed to you prior to your purchase. For annual
subscriptions, we will send you a reminder with the then-current subscription
fee no less than thirty (30) days and no more than sixty (60) days before your
subscription term ends, or otherwise as required by applicable law. Intuit may
change the price for recurring subscription fees from time to time with notice
to you. Price changes will take effect at the start of the next subscription
period following the date of the price change. If you do not agree with the
price change, you may unsubscribe prior to the price change going into effect.

Your payment to Intuit will automatically renew at the end of the applicable
subscription period but you can cancel a subscription at any time. Subscription
cancellations will take effect the day after the last day of the current
subscription period. If you cancel in the middle of a subscription period, you
will be able to continue to access and use the applicable Service until the end
of your subscription period. We do not provide refunds or credits for any
cancellations or partial subscription period.

Mobile App Use

Mobile versions of our Platform may be available for download but you must
follow applicable third-party terms when using them.

The Platform may be available through one or more apps for a compatible mobile
device. You agree that you are solely responsible for any applicable changes,
updates and fees as well as complying with the provisions of your agreement with
your telecommunications provider and any third-party mobile app marketplace.

With respect to the applicable Software, you are only granted limited rights to
install and use the Software you have downloaded, signed up for or for which you
have purchased a license or acquired a free trial. Intuit reserves all other
rights in the applicable Software not granted to you in writing in this
Agreement. Conditioned upon your compliance with the terms and conditions of
this Agreement (including all payment obligations), Intuit grants you a
personal, limited, nonexclusive, nontransferable, revocable license to use the
applicable Software only for the period of use provided in the ordering and
activation terms (as applicable), as set forth in this Agreement or in Intuit’s
then-current product discontinuation policies (as updated from time to time) and
only for the purposes described by Intuit for the applicable Software.

You acknowledge and agree that such Software is licensed, not sold. 

Advice and Third Party Services and Products

You may have access to third-party products. Any such products are not covered
under this Agreement.

Intuit is not in the business of providing legal, financial, accounting, tax,
health care, insurance, real estate or other professional service or advice, and
you should consult with professionals for advice prior to making important
decisions in these areas.

The Platform may also include information about or offers for third-party
services or products or allow you to connect your account to or otherwise access
third-party services or products. Intuit does not warrant, and is not
responsible for, such third party services and products or claims made about
them, or the actions or inactions of any third party. You must review and comply
with any Additional Terms. Intuit may be compensated by those third parties,
which could impact whether, how and where the services and products are
displayed.

Content and Data

What’s yours remains yours, what’s ours remains ours, but we may use information
you provide to improve our Platform. 

You are solely responsible for anything you write, submit, receive, share and
store or any data you input into the Platform (collectively, your “Content”).
Content includes, but is not limited to, data, information, materials, text,
graphics, images, audio, video that are uploaded, transmitted, posted,
generated, stored, or otherwise made available through the Platform. You have no
obligation to provide any content to the Platform, and you’re free to choose the
content that you want to provide. You acknowledge certain functionality in the
Platform may be dependent on the provision of Content and may not be available
without such Content.

Your Content remains yours, which means that you retain any intellectual
property rights that you have in your Content. By sharing your Content on the
Platform, you hereby grant Intuit a license to use your Content, as described in
more detail below.

1. What's covered

This license covers your Content to the extent your Content is protected by
intellectual property rights.

2. Scope

This license is:

Worldwide, which means it’s valid anywhere in the world;

Non-exclusive, which means you can license your Content to others; and

Royalty-free, which means there are no fees for this license

3. Rights

This license allows Intuit to:

Host, reproduce, distribute, communicate, sublicense and use your Content — for
example, to save your Content on our systems and make it accessible from
anywhere you go;

Publish or publicly display your Content, if you’ve made it visible to others;
and

Modify and create derivative works based on your Content, such as reformatting
or translating it

4. Purpose

This license is for the limited purpose of:

Operating, providing and improving the Platform, which means allowing the
Platform to work as designed and creating new features and functionalities.

5. Duration

This license lasts for as long as your Content is protected by intellectual
property rights.

Intuit may collect, derive or generate deidentified and/or aggregated data
regarding your usage of or the performance of the Platform, including data
derived from your Content. Intuit will own all such data and may use this data
without restriction, including, but not limited to, operating, analyzing,
improving, or marketing Intuit’s products and services, including the Platform.

As between you and Intuit, Intuit and its licensors retain all right, title or
interest in and to the Platform, except for the rights granted to you.

Prohibited Uses

We expect you to obey the law and follow certain rules in using the Platform.

Intuit does not condone or support any activity that is illegal, violates the
rights of others, harms or damages Intuit’s reputation, or could cause Intuit to
be liable to a third party. At minimum, you may not use the Platform to:

 * Violate any law, regulation, executive order or ordinance, including through
   actions that give rise to criminal, civil, administrative or regulatory
   liability and/or fines;
 * Post, generate, or share Content that is or may be illegal or inappropriate,
   including material that may be defamatory, obscene, harassing, offensive,
   fraudulent, objectionable, false or misleading, or infringing;
 * Transmit any virus, trojan horse, or other disruptive or harmful software or
   data;
 * Send any unsolicited or unauthorized advertising, such as spam;
 * Impersonate or misrepresent your affiliation with Intuit;
 * Reproduce, modify, resell, license, or provide free or unauthorized access to
   the Platform or make the Platform available on any file-sharing, virtual
   desktop or application hosting service;
 * Attempt to reverse engineer, decompile or disassemble in any way any of the
   Platform;
 * Engage in unauthorized access, monitoring, interference with, or use of the
   Platform or third party accounts, information (including personal
   information), computers, systems or networks, including scraping or
   downloading content that doesn’t belong to you;
 * Use the Platform for general archiving or back-up purposes; or
 * Encourage or enable any other individual to do any of the above or otherwise
   violate this Agreement.

We take copyright seriously at Intuit. We respect the copyrights of others and
expect you to do the same. If you repeatedly infringe the copyrights of others,
we may terminate your account.

Intuit may terminate your use of the Platform based on our reasonable suspicion
that your activities, business or products are objectionable or promote, support
or engage in any of the prohibited uses described above.

Intuit may (but has no obligation to) monitor the use of the Platform or Content
and may edit or remove any Content. We may disclose any information necessary to
satisfy our legal obligations, protect Intuit or its customers, or operate the
Platform properly.

Community Forums; Feedback

You may be able to communicate with others through our Platform but please be
respectful. Suggestions you provide for improving our Platform may be used
freely by us.

The Platform may include a community forum or other social features that enable
you to exchange Content and information with other users of the Platform and the
public. Intuit does not support and is not responsible for the Content in these
community forums. Please be respectful 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.

You may provide Intuit your feedback, suggestions, or ideas for the Platform.
You grant Intuit a perpetual, worldwide, fully transferable, sub-licensable,
irrevocable, fully paid-up, royalty free license to use your feedback,
suggestions, and ideas in any way, including in future modifications of the
Platform, other products or services, advertising or marketing materials.

Chatbots

We may use Chatbots to optimize your experience. These technologies are evolving
and may have limitations.

When you use the Platform, you may use or interact with automated features like
chatbots, digital assistants, conversational experiences powered by artificial
intelligence, or similar technologies (“Chatbots”). Information generated by
Chatbots may not be unique.

While Chatbots are designed to improve your experience, these technologies are
evolving and may have limitations such as generating outputs that are inaccurate
or inappropriate to your situation.

Termination

You may cancel your account and Intuit may suspend or terminate your use of the
Platform. For mobile apps, removing the app may not cancel your subscription or
delete your data.

This Agreement is effective until your subscription expires or you cancel your
account or Intuit terminates this Agreement (or your account). Intuit may
terminate this Agreement (and your account) or suspend the Platform at any time
in our discretion.

Please note that removing an Intuit mobile app from your device may not cancel
your subscription or delete your data. If you want to cancel your subscription
for a Service, please follow the applicable Service instructions. If you wish to
delete your data from a Service, please log into One Intuit Account Manager and
follow the instructions under the respective data and privacy settings or follow
the instructions in our Global Privacy Statement.

Effect of Termination

You must stop using the Platform once your subscription expires or you cancel
your account (or if this Agreement or your account is terminated).

Upon expiration of your subscription or cancellation of your account, or
Intuit’s termination of your account or this Agreement, you must immediately
stop using the Platform and pay all fees for Platform used. No expiration or
termination will affect your obligation to pay all fees due or that may have
accrued through the effective date of expiration or termination or entitle you
to any refund.

Survival

There are a few parts of this Agreement that will continue to apply after
termination.

The following Sections will survive any termination, discontinuation or
cancellation of the Platform or your account: “Your Personal Information,”
“Payment and Cancellations” (with respect to fees due and unpaid), “Content and
Data,” “Community Forums; Feedback,” “Effect of Termination,” “Disclaimers,”
“Limitation of Liability,” “Indemnity Obligations,” “Disputes,” and “General
Terms (Miscellaneous)”.

Intuit Communications

We may contact you from time to time to support your use of the Platform.

In order to properly support and serve you, we occasionally need to reach out
and contact you, and may do so in a variety of ways such as via text message,
email or messaging functionality in the Platform. We want to provide you options
for receiving communications from us, and as such you may opt-in or opt-out of
receiving certain types of communications from us or sign up to receive certain
kinds of messages from us, depending on the Platform. You will need to notify us
of any changes to your contact details to ensure your preferences are updated.

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.

Third Party Account Information

Intuit is not responsible for any account information obtained from third
parties.

When you direct Intuit to retrieve your account information from third parties,
you authorize and permit us to use and store that information and other
information you submit through the Platform (such as usernames and passwords)
for purposes of providing the Platform and Services to you. You grant Intuit a
limited power of attorney to access those accounts and retrieve your account
information, without additional notice to you. Intuit will be acting as your
agent and will not be acting on behalf of the third party.

Intuit does not review third party account information for accuracy and is not
responsible for any issues or expenses resulting from such account information,
including any inaccuracy, error, delay, or non-delivery. For clarity, Intuit is
not responsible for any payment processing errors or fees arising from
inaccurate account information provided by third parties.

Disclaimers

We don’t make any warranties about the Platform except as expressly stated in
this Agreement.

The only warranties we make about the Platform are (1) stated in this Agreement,
or (2) as provided under applicable laws. The Platform is otherwise provided
“as-is,” and we do not make any other warranties about the Platform. Unless
required by law, we do not provide implied warranties, such as the implied
warranties of merchantability, fitness for a particular purpose, or
non-infringement. We do not warrant that the Platform is error-free, secure, or
free from any viruses or other harmful components. We also do not provide any
warranties with respect to data loss or to the accuracy, reliability, or
availability of the Platform, nor of any content (including any Content) or
information made available in the Platform. If the exclusions for implied
warranties do not apply to you, any implied warranties are limited to sixty (60)
days from the date of purchase or delivery of the Platform, whichever is sooner.

Limitation of Liability

Our liability is limited when it comes to issues you may encounter with our
Platform.

Other than the rights and responsibilities described in this Agreement and as
allowed by applicable law, Intuit won’t be responsible for any losses.

The total aggregate liability of Intuit and our third party providers,
licensors, distributors or suppliers (“Intuit Parties”) arising out of or
relating to this Agreement is limited to the greater of: (1) the fees that you
paid to use the relevant Service(s) in the 12 months before the breach or (2)
$100.

The Intuit Parties won’t be responsible for the following:

        Loss of data, profits, revenues, business opportunities, goodwill or
anticipated savings;

        Indirect, incidental, or consequential loss;

        Punitive damages; or

        Damages relating to failures of telecommunications, the internet,
electronic communications, corruption, security, viruses, or spyware.

The above limitations apply even if the Intuit Parties have been advised of the
possibility of such damages. This Agreement sets forth your exclusive remedy
with respect to the Platform and its use.

If you’re legally exempt from certain responsibilities, including
indemnification, then those responsibilities don’t apply to you under this
Agreement. For example, the United Nations enjoys certain immunities from legal
obligations and this Agreement doesn’t override those immunities.

Indemnity Obligations

If someone sues us because you used the Platform unlawfully or didn’t follow our
rules, you will be responsible for any harm to us.

You will indemnify and hold harmless the Intuit Parties for any losses, damages,
judgments, fines, costs and expenses (including legal fees) in connection with
any claims arising out of or relating to your unlawful or unauthorized use of
the Platform or violation of this Agreement. 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.

Disputes

In the event we are unable to resolve any dispute through an informal dialogue,
a third-party arbitrator or small claims court will help us resolve any disputes
we might have, and any disputes will be resolved on an individual basis rather
than as a class action.

You and Intuit agree that, except as provided below, any dispute, claim or
controversy arising out of or relating in any way to the Platform or this
Agreement (a “Claim”) will be determined by binding arbitration or small claims
court, instead of in courts of general jurisdiction.

Either you or Intuit can seek to have a Claim resolved in small claims court if
all the requirements of the small claims court are satisfied. Either you or
Intuit may seek to have a Claim resolved in small claims court in your county of
residence or the small claims court in closest proximity to your residence, and
you may also bring a claim in small claims court in the Superior Court of
California, County of Santa Clara.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, may allow for more limited discovery than
in court, and is subject to very limited review by courts. Arbitrators can award
the same damages and relief that a court can award. You agree that the U.S.
Federal Arbitration Act governs the interpretation and enforcement of this
arbitration provision, and that you and Intuit are each waiving the right to a
trial by jury or to participate in a class action. This arbitration provision
shall survive termination of this Agreement and/or the termination of your
account.

If you elect to seek arbitration, you must first send to Intuit a written notice
of your Claim ("Notice of Claim"). The Notice of Claim to Intuit should be sent
in care of our registered agent Corporation Service Company, 251 Little Falls
Drive, Wilmington, DE 19808. The Notice of Claim should include both the mailing
address and email address you would like Intuit to use to contact you. If Intuit
elects to seek arbitration, it will send, by certified mail, a written Notice of
Claim to your address on file. A Notice of Claim, whether sent by you or by
Intuit, must (a) describe the nature and basis of the Claim or dispute; and (b)
set forth the specific amount of damages or other relief sought.

You and Intuit agree that good-faith informal efforts to resolve disputes often
can result in a prompt, low-cost and mutually beneficial outcome. You and Intuit
therefore agree that, after a Notice of Claim is sent but before either you or
Intuit commence arbitration or file a Claim in small claims court against the
other, we will personally meet, via telephone or videoconference, in a
good-faith effort to confer with each other and try to resolve informally any
Claim covered by this Agreement. If you are represented by counsel, your counsel
may participate in the conference as well, but you agree to fully participate in
the conference. Likewise, if Intuit is represented by counsel, its counsel may
participate in the conference as well, but Intuit agrees to have a company
representative fully participate in the conference. The statute of limitations
and any filing fee deadlines shall be tolled while the parties engage in the
informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days
after the Notice of Claim is received, you or Intuit may commence an arbitration
proceeding by filing a Demand for Arbitration or, alternatively, by filing a
Claim in small claims court. You agree that you may not commence any arbitration
or file a Claim in small claims court unless you and Intuit are unable to
resolve the Claim within sixty (60) days after we receive your completed Notice
of Claim and you have made a good faith effort to resolve your claim directly
with Intuit during that time. If a Claim qualifies for small claims court, but a
party commences an arbitration proceeding, you and Intuit agree that either
party may elect instead to have the Claim resolved in small claims court, and
upon written notice of a party’s election, the American Arbitration Association
(“AAA”) will administratively close the arbitration proceeding. Any dispute
about whether a Claim qualifies for small claims court shall be resolved by that
court, not by an arbitrator. In the event of any such dispute, the arbitration
proceeding shall remain closed unless and until a decision by the small claims
court that the Claim should proceed in arbitration. You may download or copy a
form of notice and a form to initiate arbitration at www.adr.org or by calling
1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA
arbitrator under the AAA’s rules, which are available at www.adr.org or by
calling 1-800-778-7879, except as modified by this Agreement. Unless Intuit and
you agree otherwise, any arbitration hearings will take place in the county (or
parish) of either your residence or of the mailing address you provided in your
Notice of Claim.

The arbitrator will be either (1) a retired judge or (2) an attorney
specifically licensed to practice law in the state of California or the state of
your residence and will be selected by the parties from the AAA’s National
Roster of Arbitrators. The arbitrator will be selected using the following
procedure: (a) the AAA will send the parties a list of five candidates meeting
this criteria; (b) if the parties cannot agree on an arbitrator from the list,
each party shall return its list to the AAA within 10 days, striking up to two
candidates, and ranking the remaining candidates in order of preference; (c) the
AAA shall appoint as arbitrator the candidate with the highest aggregate
ranking; and (d) if for any reason the appointment cannot be made according to
this procedure, the AAA may exercise its discretion in appointing the
arbitrator. The arbitrator is bound by this Agreement. Except as otherwise
provided below, all issues are for the arbitrator to decide, including issues
relating to the scope and enforceability of this arbitration provision.

The parties agree that an administrative conference with the AAA shall be
conducted in each arbitration proceeding, and you and an Intuit company
representative shall appear at the administrative conference via telephone. If
you fail to appear at the administrative conference, regardless of whether your
counsel attends, the AAA will administratively close the arbitration proceeding
without prejudice, unless you show good cause as to why you were not able to
attend the conference.

The arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the award is based. The award shall
be binding only among the parties and shall have no preclusive effect in any
other arbitration or other proceeding involving a different party. Intuit will
not seek to recover its attorneys’ fees and costs in arbitration from you unless
the arbitrator finds that either the substance of your Claim or the relief
sought in your Demand for Arbitration was frivolous or was brought for an
improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)). Judgment on any award may be entered in any court having
jurisdiction. This agreement to arbitrate shall not preclude any party to the
arbitration from at any time seeking injunctions or other forms of equitable
relief in aid of arbitration from a court of appropriate jurisdiction including
whether a Demand for Arbitration is filed in violation of this Agreement.

Unless you or Intuit seek to have a Claim resolved in small claims court, the
arbitrator shall determine all issues of liability on the merits of any Claim
asserted by you or Intuit and may award declaratory or injunctive relief only in
favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party's individual claim. To the extent that
you or Intuit prevail on a Claim and seek public injunctive relief (that is,
injunctive relief that has the primary purpose and effect of prohibiting
unlawful acts that threaten future injury to the public), the entitlement to and
extent of such relief must be litigated in a civil court of competent
jurisdiction and not in arbitration. The parties agree that litigation of any
issues of public injunctive relief shall be stayed pending the outcome of the
merits of any individual Claims in arbitration. Before a court of competent
jurisdiction issues any public injunctive relief, it shall review the factual
findings of the arbitration award on which any injunction would issue with no
deference to the arbitrator.

Payment of all filing, administration and arbitrator fees will be governed by
the AAA Rules. You are required to pay AAA’s initial filing fee, but Intuit will
reimburse you for this filing fee at the conclusion of the arbitration to the
extent it exceeds the fee for filing a complaint in a federal or state court in
your county of residence or in Santa Clara County, California. If the arbitrator
finds that either the substance of your Claim or the relief sought in your
Demand for Arbitration was frivolous or was brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)),
then the payment of all fees will be governed by the AAA Rules and Intuit will
not reimburse your initial filing fee. The parties agree that the AAA has
discretion to modify the amount or timing of any administrative or arbitration
fees due under the AAA Rules where it deems appropriate, provided that such
modification does not increase the AAA fees to you or Intuit, and you and Intuit
waive any objection to such fee modification.

You and Intuit agree that each may bring Claims against the other only in your
or its individual capacity, and not as a plaintiff or class member in any
purported class or representative proceeding. Further, if you have elected
arbitration, unless both you and Intuit agree otherwise, the arbitrator may not
consolidate any other person's Claims with your Claims and may not otherwise
preside over any form of a representative or class proceeding. If Intuit
believes that any Claim you have filed in arbitration or in court is
inconsistent with the limitations in this paragraph, then you agree that Intuit
may seek an order from a court determining whether your Claim is within the
scope of the Class Action Waiver. If this Class Action Waiver is found to be
unenforceable, then the entirety of this Disputes Section shall be null and
void.

General Terms (Miscellaneous)

This Agreement, including any Section B terms, is the entire agreement between
you and Intuit and replaces all prior understandings, communications and
agreements, oral or written, regarding its subject matter.

Governing Law      

The laws of California govern this Agreement and any disputes that may arise.

California law and the Federal Arbitration Act will govern all disputes arising
out of or relating to the Platform, this Agreement and any Additional Terms,
regardless of conflict of laws rules.

The United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.

Compliance with Global Trade Laws and Restrictions        

You are allowed to use the Platform under the laws of the U.S. and other
applicable territories. The Platform shall not be exported to jurisdictions that
are subject to embargoes or comprehensive sanctions.

You agree that you and anyone who uses the Platform, including the related
website, online services and mobile apps, are not prohibited from using the
Platform under the laws and regulations of the United States or other applicable
jurisdiction. For example, you will not use, export, re-export, import, sell,
release, or transfer the Platform, the Software or the Service directly or
indirectly, except as authorized by United States law, the laws of the
jurisdiction where the Platform and Software are made available, and any other
applicable laws and regulations. In particular, but without limitation, the
Platform, Software, Services, source code, and technology may not be exported,
or re-exported, transferred, or released (a) into any U.S. embargoed and
comprehensively sanctioned jurisdiction including Cuba, Iran, North Korea, Syria
and the regions of Crimea, Zaporizhzhia and Kherson, the Donetsk People’s
Republic (“DNR”) and Luhansk People’s republic (“LNR”) in Ukraine, and Russia or
(b) to anyone included in the U.S. Treasury Department’s list of Specially
Designated Nationals or on any other applicable restricted party lists. You also
agree that you will not use the Platform, Software and Services for any purposes
prohibited by United States law. In addition, you certify that neither you nor
any principals, officers, directors, or any person or entity (including any
beneficiaries, owners, affiliated and/or associated parties) you know to be
directly involved with the use of the Platform, Software and the Services are
not: (a) on any sanctions lists in the countries where the Platform, Software
and Services are available, (b) doing business in comprehensively embargoed or
comprehensively sanctioned jurisdictions including Cuba, Iran, North Korea,
Syria and the regions of Crimea, Zaporizhzhia and Kherson, the Donetsk People’s
Republic (“DNR”) and Luhansk People’s republic (“LNR”) in Ukraine, and Russia,
and (c) a military end user as defined in 15 C.F.R § 744.

Government End Users of Software

Even if you are a government end user, your rights to Software are limited to
what is described in this Agreement.

The Software is a "commercial item" as that term is defined in FAR 2.101,
consisting of "commercial computer software," as such term is used in FAR 12.212
and DFARS 227.7202. If the Software is being acquired by or on behalf of the
U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through
227.7202-4, as applicable, the U.S. Government’s rights in the Software will be
only those specified in this Agreement.

Waiver

If we waive some of our rights under this Agreement, it doesn’t mean we waive
our rights in other circumstances.

Intuit’s failure to act or enforce any of its rights does not constitute a
waiver of any of our rights. Any waiver by Intuit of any of the provisions in
the Agreement must be made in writing and signed by a duly authorized officer of
Intuit.

Assignment 

You can’t transfer this Agreement or your right to use the Platform to someone
else without our permission.

Intuit may assign or transfer this Agreement to any party at any time without
notice to you. You may not assign your rights under this Agreement, by operation
of law or otherwise, without our consent. Any attempts to do so without our
consent will be void.

Severability

If a court voids a term of this Agreement, the other terms will not be affected.

If any provision of this Agreement is unlawful, void, or unenforceable for any
reason, then that provision will be severed and the remaining provisions will
remain in full force and effect.

Contact Information

If you have any questions about the Platform or this Agreement, please contact
Intuit support. General comment: Maybe in this opening paragraph, we include a
line item that these terms are intended for global users not located / based in
the US, CA, UK or AU.




PRODUCT SPECIFIC TERMS

Section B


Rev 04262024




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.










Each of the following products and services are referred to in this agreement as
"Service" and together as “Services”:

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 Accountant. QuickBooks Online Accountant (“QBOA”) is an online
solution for accountants, bookkeepers and other individuals or entities that
provide accounting and other financial services to their clients. If you
register for QBOA, you will be able to create and access new and existing QBO
Accounts of your clients. QBOA also provides you with professional tools and
access to our QuickBooks ProAdvisor Program, which is subject to separate terms
and conditions.

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.

2.1 Types of Users. The Services allow the following types of access and user
rights: When you initially register for and create an account for a Service, you
are, or a party that you authorize is, the administrator ( “Administrator”).
Administrators may authorize additional individuals users to access the Services
through the same account, subject to limitations based on the subscription you
purchase (such users, “Additional Users”). Additional Users may include, for
example, your employees, accountant, contractors, agents, and clients. You may
be referred to in this Agreement as “you”, “your”, or “User”, or you may be
referred to specifically in your applicable role as an Additional User or an
Administrator. All Additional Users will be required to accept the Agreement
before accessing the Services. With respect to QBOA, including each QBO Account
you access, you agree to these terms as an Administrator or an Additional User,
as applicable. As any User of the Services, unless otherwise explicitly stated
in this Agreement, all of these terms apply to you each time you access the
Services.

2.2 For Administrators. As an administrator the following applies to you. Only
Administrators may designate another individual as a replacement Administrator
and you are responsible for your Additional Users' access to the Services.
Depending on the types of access rights you grant to Additional Users,
Additional Users may be able to delete, copy, or view the Content and data
accessible in your account and add charges to the subscription. As
Administrator, you are responsible for the access to the Services you grant to
Additional Users. If you choose to close or terminate your access to a Service
or delete all of the data in 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.

2.3 For Additional Users.  As an Additional User, the following applies to you:
When you register to access an account for which you are not an Administrator,
you understand that you are accessing the Service as an Additional User and you
may not have the same level of access or the same rights as an Administrator.
Depending on the types of rights you are granted by the Administrator, you may
be able to delete, copy, or view other User’s Content and data. Please make sure
that you have an agreement with the Administrator about your role and rights. If
an Administrator chooses to close or terminate access to a Service, Additional
Users will no longer be able to access such Service or any of the Content within
such Service. As an Additional User, you understand that if you violate this
Agreement, your access to our Services may be terminated, and we retain the
right to also terminate access for any other Users of the same account.

3. SUBSCRIPTION

3.1. Payment for Services.

The Services are licensed on a monthly or yearly subscription basis to the User
that pays for the Service. As the Administrator, you may choose whether you or
another User pays for the license. Please review all of the details of the
subscription that you purchase; some subscriptions provide access to one Service
and others provide access to more than one Service.

3.2. Subscription Cancellation.

The Administrator may notify us if he or she wants to cancel the subscription
prior the beginning of the new subscription period. In the event that Intuit is
unable to charge a User’s chosen payment method in accordance with this
Agreement, we may terminate this Agreement and access to the Services
immediately, without notice. If you stop using the Services, Intuit has
fulfilled your subscription term. Fees for the Services are not eligible for any
proration of unused subscriptions or refunds, even if access to the Services is
cancelled or terminated. After your access to the Services is terminated, you
may no longer have access to any of the data or Content in the Services. We
suggest you retain your own copies of any data or Content that you may need as
Intuit is not responsible for providing you with access to your Content or the
Services after any cancellation or termination of this Agreement.

3.3. Additional Payment Terms.

If you are a User based in the European Economic Area the payment processing
services for goods and/or services purchased on this website are provided by
Intuit Ireland Software Limited on behalf of Rocket Science Group. ii) In the
event you choose to pay with credit card the payment will be processed via a
European Acquirer, these terms are an agreement between you and Rocket Science
Group.

Users outside the European Economic Area: (i) Under this Agreement, the payment
processing services for goods and/or services purchased on this website are
provided by Rocket Science Group ; and (ii) In the event you choose to pay with
credit card and the payment will be processed via a United States Acquirer,
these terms are an agreement between you and Rocket Science Group. 




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 GDPR. Sections 5.3 to 5.5 apply as follows:

(a) if you are established in the European Economic Area, then Sections 5.3 to
5.5 will apply;

(b) if you are established outside the European Economic Area but are subject to
the GDPR due to your processing of the Shared Data (as defined in Section 5.3),
then Sections 5.3 to 5.5 will apply but only regarding the Shared Data that
makes you subject to the GDPR;

(c) if you are established outside the European Economic Area and are not
subject to the GDPR, then Sections 5.3 to 5.5 will not apply.

5.3 Shared Data. "Shared Data" means personal data about anyone that is provided
by you to us under this Agreement, but excluding personal data about you if you
have entered into this Agreement as an individual. 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 you.

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 Standard Contractual Clauses.

The Standard Contractual Clauses in Annex 1 are part of this Agreement with you
as a “data exporter” and us as a “data importer”. If a conflict occurs between
the Standard Contractual Clauses and other provisions in this Agreement the
Standard Contractual Clauses will prevail.




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 Services;

67.2.3 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
Services 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
Services. 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 Services, 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. 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).

9.1 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.

9.2 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.

9.3 Testing Requirements.

9.3.1. 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.

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

9.3.4 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.

9.3.5 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.

9.4 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.

9.5 Protection of Interest

9.5.1 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.

9.5.2 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.

9.6 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.

9.7 License Grant and Limitations on License Grant.

9.7.1 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.

9.7.2 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.

9.7.3 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.

9.7.4 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.

9.7.5 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.

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

9.8.2 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.

9.8.3 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.

9.8.4 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.

9.8.5 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.

9.8.6 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.”

9.8.7 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

9.8.7 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.

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

9.9.1 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

9.9.2 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. ACCOUNT INFORMATION SERVICES

11.1 Users of QBO and QBOA 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 you manually
entering this transaction information.

11.2 The Account Information Services as described in section 11 are provided to
you:

11.2.1 If you are accessing or using Account Information Services from a member
state of the European Economic Area: either by (i) Intuit France SAS, a
joint-stock company (société par actions simplifié), whose registered office is
located at Suite 516, 7 Rue Meyerbeer, 75009 Paris and which is registered under
number 802 640 292 at the Paris Trade and Companies. Intuit France SAS is
authorised as an account information services provider (REGAFI identifier 88940,
bank code 17388) by the Prudential Supervision and Resolution Authority (ACPR)
of the Banque de France (French Central Bank). Intuit France SAS is included on
the list of institutions authorised to carry out their activities in France, as
published on the dedicated website of the ACPR: www.regafi.fr. The ACPR's head
office is located at 4 Place de Budapest – 75436 Paris or by (ii) Intuit Ireland
Software Limited, private company limited by shares, whose registered office is
located at 112-114 St Stephen's Green, Dublin 2, D02 TD28, and which is
registered under number 738322 at the Companies Registration Office. Intuit
Ireland Software Limited is authorised as an account information services
provider (CBI identifier C521254) by the Central Bank of Ireland. Intuit Ireland
Software Limited is included on the list of institutions authorised to carry out
their activities in Ireland, as published on the dedicated website of the
CBI: https://registers.centralbank.ie/. The CBI’s head office is located at New
Wapping Street North Wall Quay Dublin 1. D01 F7X3. You can verify which of the
two Intuit entities above is providing the Account Information Service for your
bank please refer to this article.

11.2.2 If you are accessing or using Account Information Services from anywhere
outside of the European Economic Area: Intuit Limited, whose registered office
is located at Cardinal Place, 80 Victoria Street, London, SW1E 5JL, England.
Intuit Limited is registered with the Financial Conduct Authority under the
Payment Service Regulations 2017 (FRN: 792934) for the provision of Account
Information Services.

11.3 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 France SAS or Intuit Limited, as applicable. 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 France SAS or Intuit Limited, as applicable with transaction
information. You hereby acknowledge that Intuit France SAS and Intuit Limited,
as applicable 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.

(c) 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.

11.4 In addition to the services described in section 11.3:

11.4.1 If section 11.2.1 applies and Intuit France SAS or Intuit Ireland
Software Limited is your account information services provider: Intuit France
SAS or Intuit Ireland Software Limited, as applicable, may engage with Intuit
Limited to procure data from one or more accounts, for example if the account or
account provider is in the UK. In such circumstances, you consent to Intuit
France SAS or Intuit Ireland Software Limited, as applicable, engaging Intuit
Limited to interact with Intuit France SAS or Intuit Ireland Software Limited,
as applicable, and financial institutions in this way and to Intuit Limited
receiving, holding, retrieving and processing your data and transferring it to
Intuit France SAS or Intuit Ireland SoftwareLimited, as applicable, so that
Intuit France SAS or Intuit Ireland Software Limited, as applicable, may provide
you with Account Information Services. In this situation, only Intuit France SAS
or or Intuit Ireland Software Limited, as applicable, is responsible for or
provides Account Information Services to you and only Intuit France SAS or
Intuit Ireland Software Limited, as applicable, has a customer relationship with
you; and

11.4.2 if section 11.2.2 applies and Intuit Limited is your account information
services provider: Intuit Limited may engage with Intuit France SAS or Intuit
Ireland Software Limited, as applicable, to procure data from one or more
accounts, for example if the account or account provider is in the European
Economic Area. In such circumstances, you consent to Intuit Limited engaging
Intuit France SAS or Intuit Ireland Software Limited, as applicable, to interact
with Intuit Limited and financial institutions in this way and to Intuit France
SAS or Intuit Ireland Software Limited, as applicable, receiving, holding,
retrieving and processing your data and transferring it to Intuit Limited so
that Intuit Limited may provide you with Account Information Services. In this
situation, only Intuit Limited is responsible for or provides Account
Information Services to you and only Intuit Limited has a customer relationship
with you.

11.5 If you have a complaint relating to the Account Information Services you
can contact us by email at QBOCareComplaints@intuit.com.

11.6 If your complaint relates to Account Information Services:

11.6.1 If section 11.2.1 applies and Intuit France SAS or Intuit Software
Ireland Limited, as applicable, is your account information services provider:

11.6.1.1 If your complaint concerns Account Information Services, we will do our
best to respond within a maximum of fifteen (15) working days starting from the
date we receive your complaint. In exceptional cases, if we cannot respond
within the fifteen (15) working days for reasons outside of our control, we will
send you a holding response setting out clearly the additional time necessary to
respond to your complaint and telling you when you can expect to receive our
final response. In any event, you will receive a final response no later than
thirty-five (35) working days following receipt of your original complaint.You
will be kept regularly informed of the progress of the processing of your
complaint.

11.6.1.2 If you remain dissatisfied with the outcome of your complaint
concerning Account Information Services and you receive Account Information
Services from Intuit France SAS, you can contact at no cost the Médiateur de
l’Association des Établissements de Paiement et de Monnaie Électronique
(AFEPAME), by post at 36 rue Taitbout – 75009 Paris. Additional means of contact
with AFEPAME can be found on the following webpage -
https://www.afepame.fr/contact/.




11.6.1.3 If you remain dissatisfied with the outcome of your complaint
concerning Account Information Services and you receive Account Information
Services from Intuit Software Ireland Limited you can contact at no cost the
Financial Services & Pensions Ombudsman, by post at Lincoln House, Lincoln Pl,
Dublin 2, D02 VH29. Additional means of contact with FSPO can be found on the
following webpage -
https://www.fspo.ie/make-a-complaint/how-to-make-a-complaint-to-the-fspo/.




11.6.1.4 In both instances, you can also use the European Online Dispute
Resolution service (ODR) which is accessible here:
http://ec.europa.eu/consumers/odr/ . 




























11.6.2 If section 11.2.2 applies and Intuit Limited is your account information
services provider: if we do not resolve your complaint to your satisfaction, or
if we do not respond to your complaint on time, you may be able to refer it to
the UK Financial Ombudsman Service. If your complaint concerns Account
Information Services, we will do our best to respond within a maximum of fifteen
(15) working days starting from the date we receive your complaint. In
exceptional cases, if we cannot respond within the fifteen (15) working days for
reasons outside of our control, we will send you a holding response setting out
clearly the additional time necessary to respond to your complaint and telling
you when you can expect to receive our final response. In any event, you will
receive a final response no later than thirty-five (35) working days following
receipt of your original complaint.

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; 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. You can obtain further information regarding the Financial Ombudsman
Service at https://www.financial-ombudsman.org.uk/.

11.6.3 All complaints that do not concern Account Information Services or which
otherwise do not fall within the jurisdiction of the UK Financial Ombudsman
Service or the mediator in accordance with this section 11.6 shall be subject to
the exclusive jurisdiction of the courts of England and Wales or such other
court, tribunal or similar judicial body of competent jurisdiction in accordance
with section 13 of Section A. Intuit expressly disclaims your ability to resolve
disputes before any other forum or ombudsman service.

11.6.4 You acknowledge and agree that 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, Intuit will use reasonable efforts to
promptly it being specified that you will be inform you of such an event. as
soon as possible in case such action has been taken.

11.7 Please see Intuit's Global Privacy Statement for more information on how
your data is handled, including in the context of Account Information Services.

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.

11.8 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. ADMINISTRATOR ACCESS AND DISPUTES POLICY AND PROCEDURE

If a person contacts Intuit and requests that he or she should be designated as
the Administrator of an account that permits Administrators for any reason
(including, but not limited to, due to the death or departure of the registered
Administrator, a change in your ownership, etc.), but has not been designated by
the current Administrator as a replacement Administrator, Intuit reserves the
right to determine, in its sole discretion, and without notice to you, whether
that person should be designated as the Administrator.




Disputes sometimes arise between or among multiple persons concerning the right
to be designated as the Administrator (including, but not limited to, in the
event of a dispute between your owners, etc.). In that instance, Intuit reserves
the right to determine, in its sole judgment, and without notice to you, whom
should be designated as the Administrator. However, Intuit may be unable, and is
not obligated, to resolve any such disputes. If, in Intuit’s sole discretion,
Intuit attempts, but concludes that it is unable, to determine whom should be
designated as the Administrator, Intuit reserves all rights, including, but not
limited to, the right to suspend or terminate your account and use of the
Services, and/or require a court order to determine the rightful Administrator.




In determining access or whom should be Administrator, Intuit may request and
review documentation from the person making the request (including, but not
limited to, government-issued photo identification, proof of payment of your
subscription, an affidavit, a signed permission letter from your owner,
documents showing the successorship of your business or legal documents that tie
the request to your business, etc.). You acknowledge and accept the foregoing
Administrator access and disputes policy and procedure and hereby release Intuit
from all liability and all claims for damages, or any other liability
whatsoever, that may arise out of or relate to Intuit following said policy and
procedure.

13. 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:

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.




 

Exhibit Annex 1 – STANDARD CONTRACTUAL CLAUSES 

1.     Definitions. For purposes of this Exhibit 1 Addendum, each word or phrase
listed below has the meaning designated.

"Applicable Data Protection Laws" means all worldwide data protection and
privacy laws, ordinances, statutes, regulations, guidance, and other binding
restrictions, as amended or replaced from time to time, to which the personal
data is subject either directly or indirectly.

 “EU GDPR” means the EU General Data Protection Regulation 2016/679 of the
European Parliament and of the Council of 27 April 2016.




"EU SCCs” means the contractual clauses annexed to the European Commission's
Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses
for the transfer of personal data to third countries pursuant to Regulation (EU)
2016/679 of the European Parliament and of the Council. 

"Restricted Transfer” means (i) where the EU GDPR applies, a transfer of
personal data from the EEA to a country outside of the EEA which is not subject
to an adequacy determination by the European Commission (an "EU Restricted
Transfer"); (ii) where the UK GDPR applies, a transfer of personal data from the
UK to any other country which is not based on adequacy regulations pursuant to
Section 17A of the United Kingdom Data Protection Act 2018 (a "UK Restricted
Transfer"); (iii) where Swiss DPA applies, a transfer of personal data from
Switzerland to any other country which is not subject to an adequacy
determination by the Swiss Federal Data Protection and Information Commissioner
or Federal Counsel (as applicable) (a "Swiss Restricted Transfer"); and (iv)
where the government or competent regulatory authority have determined the
transfer of personal data to the other country does not provide an adequate
level of protection to personal data in accordance with Applicable Data
Protection Law (a “non-Adequate Country Restricted Transfer”).




“Standard Contractual Clauses” means: (a) where the EU GDPR applies, the EU
SCCs; (b) where the UK GDPR applies, the EU SCCs as modified by the UK Addendum;
(c) where the Swiss DPA applies, the EU SCCs as modified by the Schedule to this
Addendum in relation to Swiss Restricted Transfers; and (d) in the context of
another non-Adequate Country Restricted Transfer, the EU SCCs as adapted and/or
supplemented as necessary.




"UK Addendum” means the international data transfer addendum to the European
Commission’s standard contractual clauses for international data transfers
issued by the Information Commissioner’s Office under S119A(1) Data Protection
Act 2018.

 “UK GDPR” means the EU GDPR as saved into UK law by virtue of section 3 of the
European Union (Withdrawal) Act 2018.




1.1.   If the Restricted Transfer is an EU Restricted Transfer, then the EU SCCs
shall apply on the following basis:




1.1.1. Module One will apply;

1.1.2. in Clause 7, the optional docking clause will not apply;

1.1.3. in Clause 11, the optional redress language will not apply;

1.1.4. in Clause 17, Option 1 will apply (the law of an EU Member State that
allows for third-party beneficiary rights). The parties select the laws of
Ireland;

1.1.5. in Clause 18(b), the parties select the courts of Ireland;

1.1.6. Annex I shall be deemed completed with the information set out in Annex I
of Schedule B to this Agreement, and execution of this Addendum shall be deemed
execution of the EU SCCs;

1.1.7. Annex II shall be deemed completed with information set out in Annex II
of Schedule B to this Addendum.




1.2.   If the Restricted Transfer is a UK Restricted Transfer, then the EU SCCs
and UK Addendum shall apply on the following basis:




1.2.1. the EU SCCs, completed as set out above in section 1.1 above apply
between Intuit and FI, and shall be modified by the UK Addendum completed as set
out in sub-paragraphs 1.2.1.1 to 1.2.1.3 below;




1.2.1.1.  Tables 1 to 3 of the UK Addendum shall be deemed completed with
relevant information from the EU SCCs, completed as set out in section 5.1
above;

1.2.1.2.  Table 4 of the UK Addendum shall be deemed checked "neither party";
and 

1.2.1.3.  the start date of the UK Addendum (as set out in Table 1) shall be the
date of this Addendum.




1.3.   If the Restricted Transfer is a Swiss Restricted Transfer, then the EU
SCCs shall apply on the following basis:




1.3.1. the EU SCCs, completed as set out above in section 5.1 above apply
between Intuit and FI, and shall be modified as set out in sub-paragraphs
1.3.1.1 to 1.3.1.8 below;




1.3.1.1.  references to "Regulation (EU) 2016/679" shall be interpreted as
references to the Swiss DPA;

1.3.1.2.  references to specific Articles of "Regulation (EU) 2016/679" shall be
replaced with the equivalent article or section of the Swiss DPA;

1.3.1.3.  references to "EU", "Union", "Member State" and "Member State law"
shall be replaced with references to "Switzerland" or "Swiss law" (as
applicable);

1.3.1.4.  the term "member state" shall not be interpreted in such a way as to
exclude data subjects in Switzerland from the possibility of suing for their
rights in their place of habitual residence (i.e., Switzerland);

1.3.1.5.  Clause 13(a) and Part C of Annex I are not used and the "competent
supervisory authority" is the Swiss Federal Data Protection and Information
Commissioner;

1.3.1.6.  references to the "competent supervisory authority" and "competent
courts" shall be replaced with references to the "Swiss Federal Data Protection
and Information Commissioner" and "applicable courts of Switzerland";

1.3.1.7.  in Clause 17, the EU SCCs shall be governed by the laws of
Switzerland; and

1.3.1.8.  the EU SCCs also protect the data of legal entities until the entry
into force of the revised Swiss Federal Data Protection Act.




1.4.   If the Restricted Transfer is a non-Adequate Country Restricted Transfer,
then the EU SCCs shall apply on the following basis:




1.4.1. the EU SCCs, completed as set out above in section 5.1 above apply
between Intuit and FI, and shall apply on a mutatis mutandis basis.




1.5.   In the event that any provision of this Addendum conflicts, directly or
indirectly, with the Standard Contractual Clauses, the Standard Contractual
Clauses shall prevail.




1.6 Notwithstanding anything to the contrary in this Addendum or in the
Agreement, in the event the Standard Contractual Clauses are replaced by new
standard contractual clauses approved by the European Commission and/or the
Information Commissioner’s Office as applicable, the Parties agree that such new
standard contractual clauses shall automatically apply to the relevant
Restricted Transfer from the date that such new standard contractual clauses
become applicable and shall be deemed completed on a mutatis mutandis basis to
the completion of the EU SCCs and the UK Addendum as described in clause 1.1.
and 1.2. above.

 

--------------------------------

 

 

ANNEX I to Exhibit 1

A. LIST OF PARTIES




Data importer(s):

1. Name: Rocket Science Group LLC

Address:

Contact person's name, position and contact details: Agata Musumeci, Assistant
General Counsel, agata_musumeci@intuit.com

Activities relevant to the data transferred under these Clauses: Rocket Science
Group LLC is a provider of financial accounting software to small business and
self-employed individuals across the globe.

Signature and date: the date in which you subscribed for QuickBooks account and
accepted the terms of this Agreement

Role (controller/processor): Controller  

Data exporter(s):

1. Name: The QuickBooks customers termed “you” in this Agreement

Address: as per details entered into the QuickBooks Online account

Contact person's name, position and contact details: The Master administrator
email address as entered into the QuickBooks Online account

Activities relevant to the data transferred under these Clauses: You are
business and user of QuickBooks Online financial accounting software

Signature and date: the date in which you subscribed for QuickBooks account and
accepted the terms of this Agreement

Role (controller/processor): Controller




B. DESCRIPTION OF TRANSFER




Categories of data subjects whose personal data is transferred

 1. Users of Intuit’s services under its terms of services ('QBO Customers')
 2. Any relevant customer, supplier, employee or other business partner of the
    QBO Customer

 Categories of personal data transferred

1.Intuit’s QBO Customers' information including:

a)    Names

b)    Location data, e.g., addresses of the QBO Customers.

c)    Online identifiers, e.g., e-mail and IP addresses of QBO Customers.

d)    Billing and account information of QBO Customers

e)    Any other Personal Data voluntarily entered by Intuit QBO Customers into
Intuit’s services.

2.Anything related to or derived from 1 above.




Sensitive data transferred (if applicable) and applied restrictions or
safeguards that fully take into consideration the nature of the data and the
risks involved, such as for instance strict purpose limitation, access
restrictions (including access only for staff having followed specialised
training), keeping a record of access to the data, restrictions for onward
transfers or additional security measures.

No sensitive data will be intentionally processed. 

The frequency of the transfer (e.g. whether the data is transferred on a one-off
or continuous basis).

Continuous

Nature of the processing

The Data Importer will process the Personal Data as required to deliver the
Services.




Purpose(s) of the data transfer and further processing

The Personal Data transferred will be obtained, recorded, held, used and
accessed in accordance with this Agreement for the purpose of Rocket Science
Group LLC providing the Services to the QBO Customer.




The period for which the personal data will be retained, or, if that is not
possible, the criteria used to determine that period

As determined by the QBO Customer in accordance with any applicable regulatory
data retention requirement on the Data Importer. Where no such applicable
regulatory data retention requirements exist, the QBO Customer shall retain the
data only for as long as reasonably necessary.




For transfers to (sub-) processors, also specify subject matter, nature and
duration of the processing

Not applicable




C. COMPETENT SUPERVISORY AUTHORITY

 Identify the competent supervisory authority/ies in accordance with Clause 13

Irish Data Protection. Commissioner 

ANNEX II - TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND
ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATA




Measures of pseudonymisation and encryption of personal data

Measures for ensuring ongoing confidentiality, integrity, availability and
resilience of processing systems and services

Measures for ensuring the ability to restore the availability and access to
personal data in a timely manner in the event of a physical or technical
incident

Processes for regularly testing, assessing and evaluating the effectiveness of
technical and organizational measures in order to ensure the security of the
processing

Measures for user identification and authorisation

Measures for the protection of data during transmission

Measures for the protection of data during storage

Measures for ensuring physical security of locations at which personal data are
processed

Measures for ensuring events logging

Measures for ensuring system configuration, including default configuration

Measures for internal IT and IT security governance and management

Measures for certification/assurance of processes and products

Measures for ensuring data minimisation

Measures for ensuring data quality

Measures for ensuring limited data retention

Measures for ensuring accountability

Measures for allowing data portability and ensuring erasure

 

 


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