QBO Integration EULA

01Definitions

“Application” means the Builder Clarity QuickBooks Online integration software, including all updates, enhancements, and related documentation provided by Builder Clarity, LLC.

“Builder Clarity” or “Company” means Builder Clarity, LLC, the developer and provider of the Application.

“QuickBooks Online” or “QBO” means the cloud-based accounting software provided by Intuit Inc.

“User Data” means any data, information, or content that is transmitted, processed, or stored through the Application, including data originating from your QuickBooks Online account.

02License grant

Subject to the terms of this Agreement, Builder Clarity grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Application solely for your internal business purposes in connection with your authorized QuickBooks Online account.

03Restrictions

You agree that you will not:

• copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Application or any part thereof;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application;
• remove, alter, or obscure any proprietary notices, labels, or marks on the Application;
• use the Application for any unlawful purpose or in violation of any applicable laws or regulations;
• use the Application in a manner that could damage, disable, overburden, or impair Builder Clarity’s servers or networks;
• attempt to gain unauthorized access to any systems or networks connected to the Application;
• use the Application to store or transmit any malicious code, viruses, or harmful data;
• share your account credentials or allow unauthorized third parties to access the Application through your account.

04QuickBooks Online integration and Intuit terms

The Application connects to QuickBooks Online via the Intuit Developer Platform APIs. Your use of QuickBooks Online is subject to Intuit’s own terms of service and privacy policy. Builder Clarity is not affiliated with, endorsed by, or sponsored by Intuit Inc. You acknowledge that:

• you must maintain a valid QuickBooks Online subscription to use the Application;
• Builder Clarity is not responsible for any changes to, outages of, or discontinuation of QuickBooks Online or Intuit’s APIs;
• you authorize the Application to access, read, and write data to your QuickBooks Online account as necessary to perform its intended functions;
• Intuit may require additional authorizations or consents which you are responsible for providing.

05Data handling and privacy

Builder Clarity takes the protection of your data seriously. In connection with your use of the Application:

• the Application accesses your QuickBooks Online data solely to provide the services and functionality described in our documentation;
• Builder Clarity will not sell, rent, or share your User Data with third parties except as necessary to provide the Application’s services or as required by law;
• data transmitted between the Application and QuickBooks Online is encrypted using industry-standard protocols (TLS/SSL);
• Builder Clarity retains User Data only for as long as necessary to provide the services. Upon termination of this Agreement, you may request deletion of your data by contacting Builder Clarity;
• Builder Clarity’s collection, use, and disclosure of personal information is further described in our Privacy Policy, available at builderclarity.com/privacy-policy;
• in the event of a data breach affecting your User Data, Builder Clarity will notify you within 72 hours of becoming aware of the breach.

06Intellectual property

The Application, including all intellectual property rights therein, is and shall remain the exclusive property of Builder Clarity, LLC. This Agreement does not convey to you any ownership interest in or to the Application, but only a limited right of use revocable in accordance with the terms of this Agreement. All rights not expressly granted herein are reserved by Builder Clarity.

07Fees and payment

Access to certain features of the Application may require payment of fees as described in your service agreement with Builder Clarity. Builder Clarity reserves the right to change its fee structure with 30 days’ written notice. Failure to pay applicable fees may result in suspension or termination of your access to the Application.

08Term and termination

This Agreement is effective until terminated. Builder Clarity may terminate this Agreement at any time if you breach any provision herein. You may terminate this Agreement at any time by disconnecting the Application from your QuickBooks Online account and ceasing all use. Upon termination:

• your license to use the Application will immediately cease;
• you must disconnect the Application from your QuickBooks Online account;
• Builder Clarity may delete any User Data associated with your account after a 30-day grace period, unless otherwise required by law;
• Sections 3, 6, 9, 10, 11, and 13 shall survive termination.

09Disclaimer of warranties

THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BUILDER CLARITY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUILDER CLARITY MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY DATA OBTAINED THROUGH THE APPLICATION.

10Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUILDER CLARITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY.

BUILDER CLARITY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BUILDER CLARITY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11Indemnification

You agree to indemnify, defend, and hold harmless Builder Clarity, LLC and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Application; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

12Modifications to this Agreement

Builder Clarity reserves the right to modify this Agreement at any time. Material changes will be communicated to you via email or through the Application with at least 30 days’ notice prior to taking effect. Your continued use of the Application after such changes take effect constitutes your acceptance of the modified Agreement. If you do not agree to the modified terms, you must discontinue use of the Application.

13Governing law and dispute resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall first be submitted to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved by binding arbitration administered in Wake County, North Carolina, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

14General provisions

Entire Agreement. This Agreement constitutes the entire agreement between you and Builder Clarity regarding the Application and supersedes all prior agreements and understandings, whether written or oral.

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

Waiver. The failure of Builder Clarity to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Builder Clarity. Builder Clarity may assign this Agreement without restriction.

Notices. All notices under this Agreement shall be in writing and sent to the addresses on file or via email to support@builderclarity.com.

Force Majeure. Builder Clarity shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, or disruptions to internet or telecommunications infrastructure.

15Contact information

If you have any questions about this Agreement, please contact: