End User License Agreement (EULA)

Last Updated: February 19, 2025

1. Agreement to Terms

By accessing or using the QBO Customer and Project Creator application ("the Application"), you agree to be bound by this End User License Agreement. If you do not agree to these terms, do not use the Application.

2. Description of Service

The Application is a tool that synchronizes customer and job data from ServiceM8 to QuickBooks Online, creating Customers and Projects in your QuickBooks Online account.

3. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Application for your internal business purposes.

4. User Obligations

You agree to:

5. Data Usage

5.1 Data Access

The Application accesses:

5.2 Data Storage

5.3 Data Sharing

We do not share, sell, or distribute your data to third parties except:

6. Intellectual Property

The Application, including all software, designs, and documentation, is and remains our property or the property of our licensors. This Agreement does not grant you any ownership rights to the Application.

7. Third-Party Services

The Application integrates with:

You are responsible for complying with all third-party terms of service.

8. Disclaimers

8.1 Warranty Disclaimer

THE

APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee

We do not guarantee that:

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

10. Indemnification

You agree to indemnify, defend, and hold harmless the Application provider, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

11. Account Termination

We reserve the right to suspend or terminate your access to the Application at any time, with or without notice, for:

12. Modifications to Agreement

We reserve the right to modify this Agreement at any time. We will notify users of material changes by updating the "Last Updated" date at the top of this document. Your continued use of the Application after changes constitutes acceptance of the modified Agreement.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement or the Application shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

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

17. Contact Information

For questions about this Agreement, please contact:

18. Acknowledgment

BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.