This End User License Agreement (“Agreement”) for Money by QuickBooks is between Intuit Inc. and/or its subsidiaries and affiliates (“Intuit,” “us,” “our”) and you (“you,” “your”). Review this Agreement carefully as it describes the terms governing your use of the Services (as defined below in Section A. 1.). BY CLICKING THE “AGREE” BUTTON OR OTHERWISE INDICATING ACCEPTANCE ELECTRONICALLY, ACCESSING, OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY, IF APPLICABLE. YOU FURTHER AGREE THAT USE OF ANY INTUIT OR THIRD PARTY FEATURES, SERVICES OR CONTENT EITHER IN OR ACCESSIBLE THROUGH THE SERVICE SHALL BE SUBJECT TO ANY APPLICABLE INTUIT AND/OR THIRD PARTY TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT CLICK “AGREE” OR OTHERWISE EXPRESS ACCEPTANCE, AND YOU MUST NOT USE THE SERVICE.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the Intuit software and services provided to you, including all content, updates and new releases (collectively, the “Services”). This Agreement includes by reference:
- Intuit’s Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
- Intuit Payments Merchant Agreement, provided that the pricing for QuickBooks Payments’ services is as set forth below in Section B.3., which expressly supersedes the Pricing Schedules incorporated in the Intuit Payments Merchant Agreement.
- Intuit’s Acceptable Use Policy.
- Money By QuickBooks Deposit Account Agreement.
- Bill Pay powered by Melio Terms of Service.
Additionally, you must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
- You can form a binding contract with Intuit;
- You are not a person who is prohibited from receiving the Services under the laws of the United States, or any other applicable jurisdiction; and
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Intuit. Intuit reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations, data limits, and otherwise comply with this Agreement, Intuit grants to you a personal, limited, nonexclusive, nontransferable, and revocable right and license to use the Services.
2.2.You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.
- Decompile, disassemble, or reverse engineer the Services.
- Attempt unauthorized access to any other Intuit software systems that are not part of the Services.
- Make the Services available on any file-sharing or application hosting service.
2.3. The Services are not intended for use by the United States federal government or other entities utilizing federal appropriated funds to acquire a license to the Services (collectively “Federal Users”). A license for use by Federal Users is not granted and any such usage is prohibited. In the event any Federal User should purport to acquire a license to the Services, such license is hereby nullified and declared void and no contract between Intuit and a Federal User shall result from such purported acquisition. Intuit reserves the right in its sole discretion: (i) to cancel any Services order placed by a Federal User (either directly from Intuit or from any third party) at any time, including but not limited to, after such Services has been provided to the Federal User at issue, and (ii) to restrict such Federal User’s access or use of the Services.
3. PAYMENT AND TAXES. 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:
- Payments will be billed to you in U.S. dollars or other currencies which may be made available (plus any and all applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Intuit;
- A valid debit card acceptable to Intuit;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Intuit provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Intuit will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. YOUR PERSONAL INFORMATION. You can view Intuit’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Intuit Privacy Statement, and any changes published by Intuit. You agree that Intuit may use and maintain your data according to the Intuit Privacy Statement, as part of the Services. You give Intuit permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Intuit services. For example, this means that Intuit may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Intuit is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
4.1. California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), Intuit shall be considered a Business and/or Third Party, as applicable. Where Intuit acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Intuit is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable Intuit to (i) share any and all Personal Information you provided with any Intuit company, including Intuit Inc. and any parent, subsidiary, affiliate, or related company of Intuit Inc. (collectively, the “Intuit Family Companies”), and (ii) use any such Personal Information in connection with any and all Intuit Family Companies’ internal operations and functions, including, but not limited to, improving such Intuit Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Intuit Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
5. CONTENT AND USE OF THE SERVICES
5.1. Responsibility for Content and Use of the Services. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Intuit a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Intuit is not responsible for any of your Content or data that you submit through the Services.
5.2. Restricted Use of the Services.
5.2.1. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual to the public;
- Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content that you do not own or have the right to use which is not legally yours and without permission from the copyright owner or intellectual property rights owners thereof.
5.2.2. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Intuit or could subject Intuit to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Intuit’s opinion, is prohibited under this Agreement; (v) any other activity that places Intuit in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Intuit system or network or to breach Intuit’s security or authentication measures, whether by passive or intrusive techniques. Intuit reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by Intuit.
You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store “critical” data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.
5.3. Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Intuit does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.
5.4. Intuit may monitor your Content. Intuit may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Intuit or its customers, or operate the Services properly. Intuit, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5.5 Third-party Services. Our Services contain features designed to interoperate with third-party services (which may include, for example, Google, Facebook and Twitter services). Such Service features depend on those third-party providers continuing to make their services, including their application programming interfaces (“APIs”) where applicable, available for the Services. If any of those third-party service providers ceases to make its applicable services or APIs available on reasonable terms to Intuit, We may cease providing the corresponding features without entitling you to any refund, credit, or other compensation.
5.6 Intuit may freely use feedback you provide. You agree that Intuit may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Intuit a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Intuit in any way.
6. ADDITIONAL TERMS
6.1. Intuit does not give professional advice. Unless specifically included with the Services, Intuit is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
6.2. Other Intuit Services. You may be made aware of or offered other services, features, products, applications, online communities, or promotions provided by Intuit (“Other Services”). If you decide to use Other Services, you may be subject to additional terms and conditions governing these Other Services.
You acknowledge that in accessing certain Other Services through the Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. Subject to applicable laws and our Privacy Statement, you hereby grant Intuit permission to use information about your business and usage experience to enable us to provide the Other Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Intuit may provide to you in the future. You also grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you, your company or any individual personally to improve services and to compare business practices with other users. You also grant Intuit permission to create, market, or promote new Intuit offerings based on your data.
6.3. Communications. Intuit may be required by law to send Communications to you that may pertain to the Services or third party products and the use of information you may submit to us. Additionally, certain third party services you choose may require Communications with third parties who administer these programs. You agree that we and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as http://www.intuit.com. You consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.
- The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.
- In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, by selecting the “I Accept” button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
- If you later decide that you do not want to receive future Communications electronically, please notify us at 18004INTUIT. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.
- You agree to notify us promptly of any change in your email address. You can update your email address by logging into the Money by QuickBooks App and navigating to the “Settings” tab and then “Profile” tab. By providing us your telephone number (including a wireless/cellular telephone), you consent to receiving calls from Intuit at that number.
6.4. You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Intuit if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7. DISCLAIMER OF WARRANTIES
7.1. YOUR USE OF THE SERVICES 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 DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND IN CONNECTION WITH YOUR USE OF THIS SERVICE. NEITHER INTUIT, ANY INTUIT AFFILIATE, NOR ANY THIRD PARTY SERVICE OR DATA PROVIDER, LICENSORS, OR DISTRIBUTORS (“REPRESENTATIVES”) MAKE ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR CONDITION OF ANY KIND FOR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SO PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.2. INTUIT, ITS AFFILIATES AND REPRESENTATIVES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8. LIMITATION OF LIABILITY AND INDEMNITY. IN NO EVENT WILL INTUIT OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR (i) CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOST OR DAMAGED DATA, OR OTHER ECONOMIC OR COMMERCIAL LOSS UNDER ANY LEGAL THEORY, EVEN IF INTUIT OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) FOR ANY CLAIM BY ANY OTHER PARTY. WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF INTUIT, INCLUDING ITS SUBSIDIARIES AND AFFILIATES, RELATING TO THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ABOVE LIMITATIONS ON DAMAGES ARE A FUNDAMENTAL PART OF THE BARGAIN BETWEEN YOU AND INTUIT, AND YOU UNDERSTAND THAT INTUIT WOULD NOT HAVE PROVIDED THE SERVICES TO YOU WITHOUT SUCH LIMITATIONS.
You agree to indemnify and hold Intuit and its Affiliates and Representatives harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Intuit reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Intuit in the defense of any Claims.
9. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be 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. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
10. TERMINATION. Intuit may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or Other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Intuit policy, or if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Intuit’s interests or those of another user of the Services. Intuit further reserves the right to terminate this Agreement at its sole discretion and for any reason with fifteen (15) days’ prior notice. 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 14 of these General Terms in Section A and Sections 1, 2.2, 3, 5, 6, 7, and 9 through 12 of the Additional Terms in Section B shall survive any expiration, termination, or rescission of this Agreement.
11. GLOBAL TRADE RESTRICTIONS. You agree that you and anyone who uses the Services, including the related website, online services and mobile application, are not prohibited from receiving the services under the laws and regulations of the United States or other applicable jurisdiction. 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 will comply with these export control and sanctions laws and regulations, and will not transfer or provide any part of the Services, in violation of these laws and regulations, directly or indirectly.
12. GOVERNING LAW. California state law governs this Agreement without regard to its conflict of laws provisions.
13. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. Additionally, under Consumer Arbitration Rule 9(b) either party may elect to take a claim to small claims court, even after filing an arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND INTUIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Intuit Inc., in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Arbitration will be conducted by the American Arbitration Association (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. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, Intuit will pay them for you. In addition, Intuit will reimburse all such fees and costs for claims where the claims, as alleged, total less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Intuit will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 13 shall survive expiration, termination or rescission of this Agreement.
14. GENERAL. This Agreement, including the Additional Terms and Conditions below and all services agreements, attachments, exhibits, and scheduled annexed thereto, is the entire agreement between you and Intuit regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of or purchase of Intuit Services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Intuit, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign your rights and obligations under this Agreement, but Intuit may assign this Agreement, in whole or in part: (a) to a parent or direct or indirect subsidiary; (b) in any acquisition or by operation of law; or (c) to a successor by merger. Intuit has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services, including but not limited to, terms, services, pricing, technical support options, and other product-related policies, at any time upon notice by any means Intuit determines in its discretion to be reasonable, including posting information concerning such change on any Intuit sponsored website. Your continued use of the Services after Intuit’s publication of any such changes shall constitute your acceptance of this Agreement as modified.
B. ADDITIONAL TERMS AND CONDITIONS FOR MONEY BY QUICKBOOKS
Your use of the 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.
1. Service. This Service facilitates use of various Intuit and third party products or services, including Money by QuickBooks account, a business bank account and debit card provided by Green Dot Bank, Member FDIC, a QuickBooks Payments account, a payment processing service provided by Intuit Payment Solutions, LLC, and Bill Pay powered by Melio, which each may be subject to eligibility criteria, credit and application approval. You may be able to use the Service to perform business and accounting functions, send invoices (payment requests) for products and goods sold to your customers, initiate transactions from your linked bank account or debit card, receive payments from your customers, open a banking account and a debit card, and manage your money. The Service may also provide you with information and content that you may use internally to operate your business. Content provided via this Service should not be considered advice on how you should operate your business or what you may need in connection with your business. All content is provided for illustration purposes only, and does not represent the opinion or recommendation of Intuit. This Service does not provide financial or legal advice. The content provided via the Service is not intended to substitute for the advice of your own accountant, attorney, or other professional. We recommend that you consult an accountant to confirm that our information and content, and your interpretation of them, as well as the information and input that you provide, is appropriate to your particular situation. You are solely responsible for compliance with all applicable laws and regulations.
1.1. Payment Request. The payment request feature supports merchants’ payment processing needs, solely for business use in connection with the sale of goods or services. In connection with enabling you to receive payments from your customers through the Services, you hereby appoint Intuit Payment Solutions, LLC, as your limited payments agent for the purpose of receiving, holding, and settling payments to you pursuant to this Agreement. You further agree and understand that a payment received by us, on your behalf, satisfies your customer’s obligation to pay you, regardless of whether we actually settle such payment to you. In the event that we do not make any such payment to you as described in this Agreement, you will have recourse against only us and not against your customer. You may not use payment requests for personal transactions, charitable contributions, or for the prohibited activities defined in the Acceptable Use Policy.
1.2. User Guidelines. In addition to complying with this Agreement, you agree to the following guidelines for using the Service:
- The Service is limited to underwritten merchants registered with Intuit for payment processing services. As such, you may not provide third parties with your password or other credentials to manage your Service. Similarly, you may not use the Service of any third party leveraging that party’s credentials.
- You may not request payments, transact, or otherwise use the Services in a manner, which is, or includes material that:
- is fraudulent or illegal, or intended to commit, perpetrate, or promote fraud or illegal actions;
- is obscene or contains adult content;
- is abusive, defamatory, offensive, or threatening;
- includes proprietary or personal data of third parties, including intellectual property such as trademarks or brand names;
- misrepresents your affiliation with any third party, or is otherwise misleading, deceptive, or incorrect; or
- violates the Agreement, as determined by Intuit in its sole discretion.
2. Intuit License and Restrictions.
2.1. Subject to your compliance with the terms and conditions of this Agreement, Intuit grants you a limited, personal, non-exclusive, non-sublicenseable, non-transferable, royalty-free license to use the Service. This Service may provide third party content. If you use such content, you are subject to the terms of the licensor of the third party content.
2.2. You shall not distribute, transfer, reproduce, or publish any content provided to you via this Service. Intuit retains all rights and interests to ownership of the content. You shall not pledge, loan, mortgage or attempt in any other manner to dispose of the Service or to suffer any liens, encumbrances, or legal process to be incurred or levied on the Service. You shall not remove, modify or obfuscate any legal notices, information or disclaimers included in the content. You will not copy any portion of the Service; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Service, or create derivative works from the Service in whole or in part; nor use the Service in any manner not authorized by this Agreement. Future versions of the Service, if any, may not be compatible with the current version of the Service, and Intuit is under no obligation to develop, support, maintain or market the Service or to release additional versions of the Service.
3. Payment Request Pricing.
3.1. Intuit Payments Standard Pricing. Unless special promotional pricing, offers, or exclusions apply to you, the following rates and fees shown in the chart corresponding to your first-used Service apply to all of your transactions (unless your first-used Service does not offer a particular payment method, in which case those transactions are priced in line with the Service featuring that payment method). For clarity, the below transactions pricing applies to each instance of processing (e.g., purchases, returns, etc.) via the Services.
Standard Money by QuickBooks Transactions Pricing