INTUIT TERMS OF SERVICE FOR
QUICKBOOKS ONLINE AND QUICKBOOKS
REPUBLIC OF IRELAND (“IRELAND”)
Thank you for
selecting the Services offered by Intuit Limited and/or its subsidiaries and
affiliates (referred to as "Intuit", "we", "our",
or "us"). Review these Terms of Service ("Agreement")
thoroughly. This Agreement is a legal agreement between you and Intuit. By
accepting electronically (for example, clicking "I Agree"),
installing, accessing or using the Services, you agree to these terms. If you
do not agree to this Agreement, then you may not use the Services. If you are
entering into this Agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity and its affiliates to
these terms and conditions as its authorized representative, in which case the
terms “you” or “your” will refer to such entity and its affiliates as well as
you. If the legal entity that you
represent does not agree with these terms and conditions, you must not accept
this Agreement, register, and use or access the Services as an authorized
If you are an
individual located in the European Economic Area (“EEA”) who is accessing or
using Intuit services, sites, products, mobile applications, desktop
applications, or software directed to the EEA (collectively, “Services”) your
relationship is with Intuit Ltd. (referred to as "Intuit",
"we", "our", or "us").
A. GENERAL TERMS
This Agreement describes the terms governing your use of the Intuit Services.
It includes by reference:
and Conditions, which may include those from third parties.
provided separately to you for the Services, including product or program
terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at
least 18 years of age to use our Services. By accessing or using our Services
you agree that:
can form a binding contract with Intuit;
are not a person who is prohibited from receiving the Services under the laws
of the United States, England, Wales, Ireland, or any other applicable
will comply with this Agreement and all applicable local, state, national, and
international laws, rules, and regulations, including import and export
2. YOUR RIGHTS TO USE THE SERVICES.
2.1 The Services are protected by copyright, trade secret, and other intellectual
property laws. You are only granted the right to use the Services and only for
the purposes described by Intuit. Intuit reserves all other rights in the
Services. Until termination of this Agreement and as long as you meet any
applicable payment obligations and comply with this Agreement, Intuit grants to
you a personal, limited, nonexclusive, nontransferable right and license to use
2.2 You agree not to use, nor permit any third party to use, the Services or
content in a manner that violates any applicable law, regulation or this
Agreement. You agree you will not:
Provide access to
or give any part of the Services to any unauthorized third party.
modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services
available on any file-sharing or application hosting service.
3. PAYMENT. For Services offered
on a payment or subscription basis, the following terms apply if you are the
User paying for the Services, unless Intuit or its third party affiliate
notifies you otherwise in writing. This Agreement also incorporates by
reference and includes program ordering and payment terms provided to
you on the website for the Services:
may be billed to you
by Intuit in euros (€), pounds sterling (£),
U.S. Dollars, or other currencies which may be made available (plus any and all
applicable taxes, including without limitation VAT and GST) as shown in the
product ordering and subscription terms, and your account will be debited when
you subscribe and provide your payment information, unless stated otherwise in
the program ordering or payment terms on the website for the Services.
must pay with one of the following:
valid credit card acceptable to Intuit;
valid debit card acceptable to Intuit
Sufficient funds in a
checking or savings account to cover an electronic debit of the payment
4. By another payment option Intuit provides to you in
your payment and registration information is not accurate, current, and
complete and you do not notify us promptly when such information changes, we
may suspend or terminate your account and refuse your use of the Services.
you do not notify us of updates to your payment method (e.g., credit card
expiration date), to avoid interruption of your service, we may participate in
programs supported by your card provider (e.g., updater services, recurring
billing programs, etc.) to try to update your payment information, and you
authorize us to continue billing your account with the updated information that
will automatically renew your monthly, quarterly, or annual Services at the
then-current rates, unless the Services are cancelled or terminated under this
cancellation or renewal terms may be provided to you on the website for the
You agree You may
receive invoices for the Services in an electronic form.
WITH YOUR MOBILE DEVICE. Use of these Services may be available through a
compatible mobile device, the Internet, and may require software. You agree that you are solely responsible for
these requirements, including any applicable changes, updates and fees as well
as the terms of your agreement with your mobile device and telecommunications
INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND,
EXPRESS, STATUTORY OR IMPLIED AS TO:
AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE
SERVICES AT ANY TIME OR FROM ANY
LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA,
COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
PROCESSING AND PRIVACY.
5.1. Data Processing and Privacy. Intuit
is the controller of the personal information it processes about you when you
use the Services. You acknowledge that Intuit will process your personal
information as described in our Privacy Statement when you use our Services.
6.1 You are responsible for your content. You are responsible for all
materials, data, and personal information ("Content") uploaded, posted or stored through your use of the
Services. You grant Intuit a worldwide, royalty-free,
non-exclusive license to host and use any Content provided through your use of
the Services. Archive
your Content frequently. You are responsible for any lost or unrecoverable
Content. You must provide all required and appropriate warnings, information
and disclosures. Intuit is not responsible for the Content or data you submit
through the Services. You agree not to
use, nor permit any third party to use, the Services to upload, post,
distribute, link to, publish, reproduce, engage in or transmit any of the
following, including but not limited to:
fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive,
hateful, harassing, offensive, inappropriate or objectionable information or
communications of any kind, including without limitation conduct that would
encourage "flaming" others, or criminal or civil liability under any
local, state, federal or foreign law;
that would impersonate someone else or falsely represent your identity or
qualifications, or that constitutes a breach of any individual’s privacy;
as permitted by Intuit in writing, investment opportunities, solicitations,
chain letters, pyramid schemes, other unsolicited commercial communication or
engage in spamming or flooding;
trojan horse, worm or other disruptive or harmful software or data; and
software or Content which is not legally yours and without permission from the
copyright owner or intellectual property rights owner.
forums. The Services may include a community forum or other social features
to exchange Content and information with other users of the Services and the
public (“Community Forum”). Intuit
does not support and is not responsible for the content in these Community
Forums. Please use respect when you
interact with other users in a Community Forum. Do not reveal confidential or
other 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.
may freely use feedback you provide. You agree that Intuit may use your
feedback, suggestions, or ideas in any way, including in future modifications
of the Services, other products or services, advertising or marketing
materials. You grant Intuit a perpetual, worldwide, fully transferable,
sublicensable, non-revocable, fully paid-up, royalty free license to use the
feedback you provide to Intuit in any way.
may monitor your Content. Intuit may, but has no obligation to, monitor
content on the Services. We may disclose any information necessary to satisfy
our legal obligations, protect Intuit or its customers, or operate the Services
properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse
to remove any Content, in whole or in part, alleged to be unacceptable,
undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
does not give professional advice. Unless specifically included with the
Services, Intuit is not in the business of providing legal, financial,
accounting, tax, health care, real estate or other professional services or
advice. Consult the services of a competent professional when you need this
type of assistance.
may tell you about other Intuit services. You may be offered other
services, products, or promotions by Intuit (other "Intuit
Services"). Additional terms and conditions and fees may apply. With some
Intuit Services you may upload or enter data from your account(s) such as
names, addresses and phone numbers, purchases, etc., to the Internet.
Intuit may be required by law to send you communications about the Services or
third party products. You agree that Intuit may send these communications to
you via email or by posting them on our websites.
will manage your passwords and accept updates. You are responsible for
securely managing your password(s) for the Services and to contact Intuit if
you become aware of any unauthorized access to your account. The Services may
periodically be updated with tools, utilities, improvements, third party
applications, or general updates to improve the Services. You agree to receive
Retention of records. You are
responsible to retain, as required under any applicable law or standard, all of
Your documents. Except to the extent
required by law, Intuit has no obligation to store, maintain or provide to you
any information or documents you provide to Intuit.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND
CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT,
THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, INTUIT, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS,
LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS")
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE
SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS,
NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS,
OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES.
INTUIT AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE
SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF ENGLAND
AND WALES ANY IMPLIED WARRANTIES IN RESPECT TO THE SERVICES, SOFTWARE,
AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE
SERVICES, WHICHEVER IS SOONER.
8.2 INTUIT, ITS AFFILIATES AND SUPPLIERS
DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL
SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT
YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY
AND INDEMNITY. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF INTUIT, ITS
AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS
PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, INTUIT, ITS AFFILIATES AND
SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES
OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION,
SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE,
PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET INTUIT
SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF INTUIT AND ITS
AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF INTUIT, ITS AFFILIATES AND
YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. NOTWITHSTANDING
THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY
TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE
LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT INTUIT DOES NOT
EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR
THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR
FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE
LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
You agree to indemnify and hold Intuit and its
affiliates and Suppliers harmless from any and all claims, liability and
expenses, including reasonable attorneys' fees and costs, arising out of your
use of the Services or breach of this Agreement (collectively referred to as
"Claims"). Intuit reserves the right, in its sole discretion and at
its own expense, to assume the exclusive defense and control of any Claims. You
agree to reasonably cooperate as requested by Intuit in the defense of any
10. CHANGES. We reserve the right to change this Agreement
at any time, and the changes will be effective when posted through the
Services, on our website for the Services or when we notify you by other means.
We may also change or discontinue the Services, in whole or in part. Your
continued use of the Services indicates your agreement to the changes.
11. TERMINATION. Intuit may immediately, in its sole discretion
and without notice terminate this Agreement or suspend the Services if you fail
to comply with this Agreement or if you no longer agree to receive electronic
communications. Upon termination you must immediately stop using the Services
and any outstanding payments will become due. Any termination of this Agreement
shall not affect Intuit’s rights to any payments due to it. Intuit may
terminate a free account at any time. Sections 2.2, 3 through 16 will survive
and remain in effect even if the Agreement is terminated.
12. EXPORT AND TRADE
RESTRICTIONS. You acknowledge
that the Services, including the mobile application, and the underlying
software may include U.S. technical data subject to restrictions under export
control laws and regulations administered by the United States government. You
agree that you and your personnel who use the Services are not prohibited from
receiving the Services under the laws of the United States, England, Wales,
Ireland, or other applicable jurisdiction.
For example, you are not on the U.S. Treasury Department’s list of
Specially Designated Nationals, the United Kingdom HM Treasury Financial
Sanctions List, the European Union Consolidated Financial Sanctions List, the
UN Sanctions Committees List relating to terrorism, or are subject to any other
similar prohibition. You will not export or re-export any part of the Services,
in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND
Agreement will be governed by the laws of England and Wales, without regard to
its conflicts of law principles. Notwithstanding the foregoing, you acknowledge
that your breach (or an apprehension of breach) of any provisions of this
Agreement, or any infringement (or apprehension of infringement) of Intuit’s or
its Suppliers’ intellectual property rights may cause Intuit irreparable damage
for which recovery of money damages would be inadequate. Accordingly, you agree
that Intuit shall be entitled, in addition to any other remedies available to
it, to seek (in any court of competent jurisdiction, notwithstanding the
previous sentence) any relief (whether equitable or otherwise) to prevent or
restrain any such breach or apprehended breach by you or otherwise to protect
Intuit’s rights under this Agreement. The parties hereby submit to the
exclusive jurisdiction of the courts of England and Wales and you agree that
you will procure that any third party making a claim against Intuit arising out
of this Agreement shall bring such claim exclusively in the English courts and
subject to the limitations and exclusions of liabilities provided for in this
Intuit does not represent that the Services
and/or content within the Services is appropriate or available for use in all
jurisdictions or countries. Intuit prohibits accessing content from
within countries or states where such content is illegal. You are
responsible for compliance with all applicable laws pertaining to your use and
access to the Services in your jurisdiction.
14. COMPLIANCE WITH
PRESERVATION ORDERS. You
agree that we may preserve data where and to the extent required for compliance
with any order or notice, whether issued to Intuit or to you, and whether
issued by any court, tribunal, regulatory authority, arbitral tribunal or any
body or authority exercising judicial, quasi-judicial, regulatory, or arbitral
power or authority, requiring the preservation of any data, information
documents or Content (a "Preservation Order"). To the extent that a
Preservation Order has been issued to you, you acknowledge that you are solely
responsible for your compliance with it.
translation of this Agreement is done for local requirements and in the event
of a dispute between the English and any non-English version, the English
version of this Agreement shall govern. In the event of a dispute the parties
confirm that they have requested that this Agreement and all related documents
be drafted in English.
16. GENERAL. This Agreement, including the Additional Terms
below, is the entire agreement between you and Intuit and replaces all prior
understandings, communications and agreements, oral or written, regarding its
subject matter. If any court of law, having jurisdiction, rules that any part
of this Agreement is invalid, that section will be removed without affecting
the remainder of the Agreement. The remaining terms will be valid and
enforceable. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement. You cannot assign or transfer
ownership of this Agreement to anyone without written approval of Intuit.
However, Intuit may assign or transfer it without your consent to (a) an
affiliate, (b) a company through a sale of assets by Intuit or (c) a successor
by merger. Any assignment in violation of this Section shall be void. If you want
to request a transfer of this Agreement, contact Intuit via an email to:
ADDITIONAL TERMS AND CONDITIONS FOR QUICKBOOKS
ONLINE AND QUICKBOOKS ONLINE ACCOUNTANT
use of the following Services provided by Intuit are subject to the General
Terms of Service above and these Additional Terms and Conditions. These
Additional Terms and Conditions will prevail over any conflict or inconsistency
with the General Terms of Service.
SERVICES. Each of the following products and services
are referred to in this Agreement as a “Service” and together as the
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
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.
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
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 to access the Services through the same account (“Additional Users”). The number of Additional Users may be limited
based upon the subscription you purchase.
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 Users will be
required to accept this Agreement before accessing the Services. With respect to QBOA or 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.
For Administrators. As an Administrator, the following applies to you: Only Administrators may designate another
individual as a replacement Administrator.
You agree that Additional Users are Intuit customers, but that 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
terminate your access to a Service or delete all of the data in a QBO account,
no one will be able to access such Service or any of the data within such
Service. You agree to provide sufficient
notice to Additional Users or persons the data is about, regarding your desire
to terminate access to the Services before taking such actions. A violation of any terms of this Agreement by
an Additional User may result in the termination of an Administrator’s or any
Additional User’s access to the Services.
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
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.
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.
Trial Version. If you registered for a trial use of the Services, you will
have access to the Services for the specified period of the trial ("Trial Period"). You must decide to purchase a license to the
Services within the Trial Period in order to retain access to any Content or
data provided or created during the Trial Period. If you do not purchase a
license to the Services by the end of the Trial Period, you will not be able to
access or retrieve any of the data or Content you added to or created with the
Services during the trial.
Beta Features. From time to time, we may include new or
updated beta features in the Services (“Beta
Features”). Beta Features may have
associated fees, which will be disclosed to you at the time you choose to use
the Beta Features. We understand that
your use of any Beta Feature is voluntary. You understand that once you use a Beta
Feature, you may be unable to revert back to a prior non-beta version of the
same or similar feature. Additionally, if such reversion is possible, you may
not be able to return or restore data created within the Beta Feature back to
the prior non-beta version. The Beta
Features are provided on an “as is” basis and may contain errors or
inaccuracies that could cause failures, corruption or loss of data and
information from any connected device. You acknowledge and agree that all use
of any Beta Feature is at your sole risk.
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
Personal Information. You represent and
warrant to us that:
will provide appropriate notice and have obtained (or will obtain) all consents
and rights necessary for us to Process the Personal Information in accordance
with this Agreement and our Privacy
you are providing Personal Information to us that is not personal to you, you
agree that you have either provided the data subject notice or received
permission from the data subject and have the appropriate legal basis, as required
by applicable law, for us to: (a) use, and/or disclose the personal information
in accordance with our Privacy
Statement, (b) move the
data outside of the country of residence of such owner of the personal data, if
applicable, pursuant to our Privacy Statement, (c) provide the Personal
Information to Third Party Products that you approve, and (d) otherwise use and
disclose the personal information in accordance with this Agreement; and
there is any discrepancy between this Agreement and the Intuit Privacy
Statement with respect to the collection, use, and/or disclosure of the
personal information, the Privacy Statement will control. You further
acknowledge and agree that Intuit may provide data in your account to any
Additional Users to which that data is applicable or personal to.
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 of the Account
Telephone numbers. You may provide us
with your telephone number as part of your customer record or
registration or via other methods. You understand and agree that Intuit may use your
telephone number for "multi-factor authentication” (“MFA"), to
confirm your identity and help protect the security of your account. Part
of the MFA identity verification process may involve Intuit sending text
messages containing security codes to your telephone number. You
agree to receive these texts from Intuit containing security codes as part of
the MFA process. In addition, you agree that Intuit may send automated
text messages and pre-recorded voice messages to the telephone number
you provide for other limited purposes, including: providing you
with important critical notices regarding your use of the Services,
or fulfilling a request made by you through the Services. With MFA, you also
agree and consent to us obtaining and using information from your mobile phone
service provider, solely for the purposes of verifying your identity and to
compare information you have provided to Intuit (such information may include
from your mobile phone service provider account record: your name, address,
email, customer type, customer role, billing type, mobile device identifiers
(IMSI and IMEI) and other mobile phone subscriber details). You also understand
and agree that Intuit may contact you to assist you with the initial setup of
OTHER PRODUCTS AND SERVICES.
Third Party Products. By using these
Services, you agree that we may market to you or offer you access to products
or services from third parties (“Third
Party Products”). If you decide to
use or access any Third Party Products, you
agree that you are solely responsible for your relationship with the
provider of the product. Intuit is not
affiliated with Third Party Products and does not endorse or recommend any
Third Party Products. You agree that the
providers of the Third Party Products, and not Intuit, are solely responsible
for their own actions or inactions.
Intuit is not liable for any damages, claims or liabilities arising
out of or related to any Third Party Products.
You agree that you will (a) review and comply with all Third Party
Product terms and conditions, and (b) not use the Third Party Product in any
manner that would infringe or violate the rights of Intuit or any other party
or in furtherance of criminal, fraudulent or other unlawful activity.
Data Transfer Service.
may provide you with the opportunity to transfer your account Content from the
Services to certain supported online Third Party Products or other online
Intuit services (the “Ancillary Services”)
that you sign up for or use in connection with the Services (the “Data Transfer Service”). You may need to be an active subscriber of
the Third Party Product or Ancillary Services to use the Data Transfer
Service. In order to access a
Third Party Product or an Ancillary Service on your behalf to provide the Data
Transfer Service, you may need to provide us with your account number,
password, security questions and answers, and any other necessary log in
information from time to time (“Login
Details”). We will maintain your Login Details in encrypted form, and will
only use them in connection with the Data Transfer Service or otherwise at your
direction. You hereby represent that you
have the authority to provide the Login Details to Intuit and you expressly
appoint Intuit as your, or the third party who owns the Login Details’, agent
with limited power of attorney to access any Third Party Products or Ancillary
Services on your behalf. With respect to
each Data Transfer Service, you grant Intuit the right to transfer data to the
Third Party Product or Ancillary Service, and to reformat and manipulate the
data as reasonably necessary for the data to function with such product or
service. After the transfer occurs, the
original data and Content will remain in the Services unless we disclose to you
agree that you will (a) review and comply with all Third Party Product or
Ancillary Service terms and conditions before you access the Data Transfer
Service, and (b) not use the Data Transfer Service in any manner that would
infringe or violate the rights of Intuit or any other party, or in furtherance
of criminal, fraudulent or other unlawful activity. We do not guarantee that you will be able to
use the Data Transfer Service with any specific products or services. You will only have access to the Data
Transfer Services during the period for which you have paid for a subscription.
Third Party Products may make changes to their websites, with or without notice
to us, that may prevent or delay the overall performance of the Data Transfer
Data Receipt Service.
may provide you with the opportunity to transfer certain data from a Third
Party Product or an Ancillary Service to these Services (the “Data Receipt Service”). You may need to be an active subscriber of
the Third Party Product or Ancillary Services to use the Data Receipt
Service. In order to access a
Third Party Product or an Ancillary Service on your behalf, you may need to
provide us with your Login Details. You
hereby represent that you have the authority to provide the Login Details to
Intuit and you expressly appoint Intuit as your, or the third party who owns
the Login Details’, agent with limited power of attorney to access any Third
Party Products or Ancillary Services and retrieve data on your behalf. With respect to each
Data Receipt Service, you grant Intuit the right to transfer data to the
Services, and to reformat and manipulate your data as reasonably necessary for
the data to function with the Services.
After the transfer occurs, your original data and Content may not remain
in the Third Party Product or the Ancillary Services; please review the terms
of those products and services to confirm.
agree that you will (i) review and comply with all Third Party Product and
Ancillary Service terms and conditions before you access the Data Receipt Services,
and (ii) not use the Data Receipt Services in any manner that would infringe or
violate the rights of Intuit or any other party, or in furtherance of criminal,
fraudulent or other unlawful activity.
In the event that any Third Party Product charges for access to data,
you agree that you are responsible for any fees due and owing. You agree that the providers of the Third
Party Products, and not Intuit, are solely responsible for their own actions or
inactions. Intuit is not liable for
any damages, claims or liabilities arising out of or related to any Third Party
not guarantee that you will be able to use the Data Receipt Service with any
specific products or services. You will
only have access to the Data Receipt Services during the period for which you
have paid for a subscription. Third
Party Products may make changes to their websites, with or without notice to
us, that may prevent or delay aggregation of data or the overall performance of
the Data Receipt Service. Your most
recent data from a Third Party Product or Ancillary Service may not always be
available in the Services. Any data
obtained through the Data Receipt Service will be made available in the
Services, and will be subject to the terms and conditions of this Agreement,
Service Providers. We may use third
parties in the operation of our Services or to perform any of our obligations
in this Agreement (each a “Service
Provider”). In order for our Service
Providers to be able to provide you with certain aspects of the Services, we
may share your data or Content with such Service Provider.
COMMUNICATION SERVICES. We may provide you
with the opportunity to communicate with other Users within the Services, or
with other third parties through the Services (“Communication Services”).
You may choose whether or not you would like to use the Communication
Services. You agree that you have received permission to communicate with any
third parties who are not Users through the Communication Services, and that
such third parties have agreed to Intuit’s use and disclosure of data available
in the Communication Services in accordance with this Agreement. Users who you communicate with may have
access in the future to the data provided through the Communication Services,
and you may not have the ability to restrict that access. Intuit’s systems may
extract certain data (e.g., numbers, names, or attachments) from the
Communication Services and provide it to you in other parts of the Services.
Users of QBO and QBOA 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.
The Account Information Services as described in section 8.3 below are provided
to you by Intuit Limited, 1 Cathedral Piazza, London, SW1E 5BP, United Kingdom.
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.
the direct feed option, you will be required to complete either a customer
authority form or follow your bank’s authentication process which instructs
your bank (or other financial institution) to share transaction information
with Intuit Limited. Your bank (or other financial institution) may request
that you authorise this by completing its own authority as well or
instead. Once authorised, your bank will provide Intuit Limited with
transaction information. You hereby acknowledge that Intuit Limited will
receive this information more than four times a day.
the web feed option we will request your online banking security
credentials. Once we connect to your bank, our product downloads your
transaction information automatically and securely. Each time you sign-in to
your QBO Account, we will use your stored online banking credentials to connect
to your bank and download your transaction information so that you have the
latest information. You may be required to submit additional credentials, such
as from multi-factor authentication devices.
We will process the transaction information
obtained from your bank and present this to you via your QBO Account and,
where relevant, any Additional Users that have been granted access to your QBO
Account in accordance with clause 19 or, if you have
granted your accountant access to your QBO Account via QBOA, your accountant or
you have a complaint relating to the Account Information Services you can
contact us by telephone on 0808 234 5337
If your complaint relates to Account Information Services and we do not resolve
it to your satisfaction, you may be able to refer it to the Financial Services
and Pensions Ombudsman. You can submit a complaint to the Financial Services
and Pensions Ombudsman by telephone on: +353 1 567 7000. You may also complete
the online complaint form available at: https://www.fspo.ie/make-a-complaint/;
or submit it by post at the Financial Services and Pensions Ombudsman, Lincoln
House, Lincoln Place, Dublin 2,D02 VH29; or by email: firstname.lastname@example.org. The
Financial Services and Pensions Ombudsman 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 Financial Services and Pensions Ombudsman.
In the event of any conflict with any other
provision of this Agreement, the provisions of this Section 8 shall prevail as
regards the provision of the regulated activity of Account Information
REQUIREMENTS. If you
downloaded the Services from the Apple iTunes Store the following apply:
Acknowledgement: You acknowledge that this Agreement is between you and
Intuit only, and not with Apple, and Intuit, not Apple, is solely responsible
for the Service and the content thereof.
of License: The license granted to you for the Service is a limited,
non-transferable license to use the Services on an iOS product that you own or
control and as permitted by the Usage Rules set forth in the Apple iTunes App
Store Terms of Service.
Maintenance and Support: Intuit and not Apple is solely responsible for
providing any maintenance and support services with respect to the
Services. You acknowledge that Apple has
no obligation whatsoever to furnish any maintenance and support services with
respect to the Services.
Warranty: Intuit is solely responsible for any product warranties, whether
express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to
conform to any applicable warranty, you may notify Apple, and Apple will refund
the purchase price for the Services in the Apple iTunes App Store to you. To
the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Service, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Intuit’s sole responsibility, as
between Intuit and Apple.
9.5 Product Claims: Intuit, not Apple, is
responsible for addressing any user or third party claims relating to the
Services or the user’s possession and/or use of the Services, including, but
not limited to: (a) product liability claims; (b) any claim that the Service
fail to conform to any applicable legal or regulatory requirement; and (c)
claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any
third party claim that the Services or your possession and use of the Services
infringes that third party’s intellectual property rights Apple will not be
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim.
9.7 Legal Compliance: You represent and
warrant that (a) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (b) you are not listed on any U.S.
Government list of prohibited or restricted parties.
9.8 Developer Contact Info: Direct any
questions, complaints or claims to: Intuit Inc., 2632 Marine Way, Mountain
View, CA 94043.
9.9 Third Party Beneficiary: You
acknowledge and agree that Apple and Apple’s subsidiaries are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of the Agreement, Apple will have the right (and will be deemed
to have accepted the right) to enforce the Agreement against you as a third
party beneficiary thereof.
Last updated May 2020