Thank you for selecting the Services offered by DL & Associates, LLC. and/or its subsidiaries and affiliates (referred to as “DLA”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and DLA. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.
This Agreement describes the terms governing your use of the DLA Services. It includes by reference:
- Our Privacy Statement
- 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.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
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 DLA. DLA 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, DLA grants to you a personal, limited, nonexclusive, nontransferable 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.
Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless DLA 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, including without limitation VAT, GST and SST), 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.
You must pay with one of the following: valid credit card; valid debit card; sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or by another payment option DLA 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.
DLA will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4.USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access 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 provider.
WE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5.DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) DLA is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that we will process your personal information as described in our Privacy Statement when you use our Services.
6.CONTENT AND USE OF THE SERVICES
6.1 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 DLA 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. DLA is not responsible for any of your Content that 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, promote or transmit any of the following:
- 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 “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 or the public;
- Investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
- Virus, Trojan horse, worm or other disruptive or harmful software or data; and
- Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services. 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 DLA or could subject DLA 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 DLA’s opinion, is prohibited under this Agreement; (v) any other activity that places DLA 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 DLA system or network or to breach DLA’s security or authentication measures, whether by passive or intrusive techniques. DLA 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.
6.3 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. DLA 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 DLA is not responsible.
6.4 DLA may freely use feedback you provide. You agree that DLA 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 DLA a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to DLA in any way.
6.5 DLA may monitor Content. DLA 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 DLA or its customers, or operate the Services properly. DLA, 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.
7.1 DLA does not give professional advice. Unless specifically included with the Services, DLA 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.
7.2 We may tell you about other DLA Services. You may be offered other services, products, or promotions by DLA (“DLA Services”). Additional terms and conditions and fees may apply. With some DLA Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
7.3 Communications. DLA may be required by law to send you communications about the Services or third party products. You agree that DLA may send these communications to you via email or by posting them on our websites
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact DLA 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.
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, DLA, ITS AFFILIATES, AND ITS AND THEIR 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 OF CONTENT IN OR LINKED TO THE SERVICES. DLA AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 DLA, 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.
9. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF DLA, 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, DLA, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, 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 DLA SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF DLA AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF DLA, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold DLA 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”). DLA 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 DLA in the defense of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or 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.
DLA 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 DLA policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with DLA’s interests or those of another user of the Services. Upon DLA notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect DLA’s rights to any payments due to it. DLA may terminate a free account at any time.
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 or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals 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 JURISDICATION
This Agreement will be governed by the laws of the State of Illinois, 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 DLA’s or its Suppliers’ intellectual property rights may cause DLA irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that DLA 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 DLA’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the state and federal courts governing DuPage County, Illinois.
DLA does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. DLA 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.
Any 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.
This Agreement, including the Additional Terms below, is the entire agreement between you and DLA regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the 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 may not assign or transfer this Agreement to anyone without written approval of DLA. However, DLA may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by DLA 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 DLA via an email to: firstname.lastname@example.org.
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by DLA (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.
When you use a QuickBooks product or service, you establish a direct relationship with the QuickBooks brand, including each product and service in the QuickBooks family and the entities offering those services.
The Section B Terms include provisions applicable to your use of QuickBooks generally, as well as additional provisions for your use of specific products and services.
1.1 DLA is a QuickBooks Solution Provider of the following “Services.” The Agreement governs your use of each of the following “Services,” as applicable:
- QuickBooks Online. QuickBooks Online (“QBO”) is an online solution for businesses to perform accounting and business tasks through an online account (each a “QBO Account”). Each QBO Account may only be used to support one business.
- QuickBooks Desktop. QuickBooks Desktop (“QB DT”) is a solution for businesses to perform accounting and business tasks through licenses for one or more desktop personal computers or laptops (each a “QB DT Account”). Each QB DT Account may only be used to support one business under one or more licenses. QB DT may not be used on a desktop personal computer or laptop which is not authorized under a license.
- Intuit offer Application Programming Interface (“API”) to developers, such as DLA, to enhance its products. In connection with the Services, DLA may create applications using API to enhance QB DT or QBO products.
1.2 Limitations on API and User Error. DLA does not control the quality of and does not have the ability to modify API and is not responsible for errors which occur from API. Moreover, DLA is not responsible for errors which occur from inaccurate inputting of data or other information into QB DT or QBO products.
1.3 Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2.SUBSCRIPTIONS AND USERS
When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator”. Administrators may authorize additional users to access the Services through the same account, subject to limitations based on the subscription you purchase (such users, “Additional Users”). All Additional Users will be required to accept the Agreement before accessing the Services. Only Administrators may designate another individual as a replacement administrator and you are responsible for your Additional Users’ access to the Services. Once an Administrator closes or terminates access to a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Section A Terms) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to your Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may not have the same level of access or rights as an Administrator. You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow DLA to provide the Services.
3.TRIAL VERSION AND BETA FEATURES
If you registered for a trial use of the Service (“Trial Period”), you must decide to purchase a license to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the license to the full version of the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, DLA may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and DLA is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier 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 earlier 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/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
4.PERMITTED DISCLOSURES AND USE OF DATA
You acknowledge and agree that in order to provide you with access to and use of the Services, DLA may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by DLA to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
5.1 Personal Information. You represent and warrant to us that:
5.1.1 You 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 Statement
5.1.2 If 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 [link], (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
5.1.3 If there is any discrepancy between this Agreement and the DLA Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that DLA may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.2 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 DLA 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 DLA, for information and guidance purposes only, and DLA and such User are not responsible in any way for your use the Account Content.
5.3 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 DLA 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 DLA sending text messages containing security codes to your telephone number. You agree to receive these texts from DLA containing security codes as part of the MFA process. In addition, you agree that DLA 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. Additionally, DLA may use your telephone number to contact you about special offers or other DLA or third party products or services unless you opt out of such marketing. 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 DLA (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).
6.ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.
6.1. General. In connection with your use of the Services and as part of the functionality of certain versions of the Services, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “FI Login Data”) and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) (“FI Account Data”). The Services are designed to allow you to access and download your FI Account Data through the Services, to allow DLA to access your financial institution account(s) using your FI Login Data, to allow DLA to download and use your FI Account Data, and to allow DLA to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, DLA has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the Services with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
6.2 Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:
6.2.1 acknowledge that in accessing your financial institution account(s) through the Services, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by DLA in the United States for the purpose of providing the Services;
6.2.2 authorize DLA to (i) collect and store in encrypted form your FI Login Data, (ii) access the financial institution(s)’ websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the \ Service;
6.2.3 hereby represent that the financial institution(s)’ account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, DLA as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
6.2.4 acknowledge that DLA does not review your FI Account Data and agree that DLA is not responsible for its completeness or accuracy;
6.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the Services and DLA assumes no responsibility for any such transactions or activities; and
6.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Services by you or by DLA.
6.3. Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institution(s) may not permit DLA or other third parties to have access to FI Login Data or to allow the Services to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or DLA, that may affect the overall performance of the Service and prevent or delay aggregation of data from such websites; and (iii) the Services refreshes your Services account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by DLA through the Services. If you see a discrepancy in your Services account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the Services, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the Services account data against your FI Account Data and manually update such data as necessary.
7.ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
8. SERVICE USE, STORAGE AND ACCESS. DLA shall have the right, in its sole discretion and with reasonable notice posted on an DLA website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. DLA reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. DLA may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. DLA will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the Services only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Services. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
10. SOCIAL MEDIA SITES.
11.THIRD PARTY PRODUCTS AND SERVICES.DLA may tell you about third party products or services, including via the Service. DLA may offer products and services on behalf of third parties who are not affiliated with DLA (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites,you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. . DLA is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with DLA in any way. You agree that the third parties, and not DLA, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. DLA will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of DLA or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
12.ACCOUNT INFORMATION SERVICES
12.1 Users of the Services may opt to use Account Information Services to automatically import transaction and other information (“transaction information”) into the relevant QBO Account as an alternative to manually entering this transaction information.
12.2 The Account Information Services as described in section 12.3 below are provided to you by Bank.
12.3 Account Information Services allows you to connect certain bank or other payment accounts you hold (“account”) with your QBO Account to automatically import transaction information from that account. You can choose whether to connect with your bank account using the direct feed option or the web feed option.
(a) For the direct feed option, you will be required to complete either a customer authority form or follow your bank’s authentication process which instructs your bank (or other financial institution) to share transaction information with DL & Associates, LLC. Your bank (or other financial institution) may request that you authorize this by completing its own authority as well or instead. Once authorized, your bank will provide DL & Associates, LLC with transaction information. You hereby acknowledge that DL & Associates, LLC will receive this information more than four times a day.
(b) For the web feed option we will request your online banking security credentials. Once we connect to your bank, our product downloads your transaction information automatically and securely. Each time you sign-in to your QBO Account, we will use your stored online banking credentials to connect to your bank and download your transaction information so that you have the latest information. You may be required to submit additional credentials, such as from multi-factor authentication devices.
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 lawfully granted access to your QBO Account or, if you have granted your accountant access to your QBO Account via QBOA, your accountant or financial advisor.
12.4 If you have a complaint relating to the Account Information Services you can contact us by telephone at 888.316.6672.
12.5 DLA can, at its own discretion, block your account in case of any risk or event that can affect the security of your credentials or of your account content, it being specified that you will be informed as soon as possible in case such action has been taken.
12.6 In the event of any conflict with any other provision of this Agreement, the provisions of this Section 11 shall prevail as regards the provision of the regulated activity of Account Information Services.
12.7 The Agreement related to the provision of Account Information Services is entered into for an indefinite period of time. It shall enter into force as from the time you agree to it.
If you downloaded the Software from the Mac App Store, the following terms also apply to you:
- Acknowledgement:You acknowledge that this Agreement is between you and DLA only, and not with Apple, and DLA, not Apple, is solely responsible for the Software and the content thereof.
- Scope of License:The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
iii. Maintenance and Support: DLA and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty:DLA 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 Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DLA’s sole responsibility.
- Product Claims:DLA, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights:You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, DLA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
vii. Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
viii. Developer Contact Info: Direct any questions, complaints or claims to: email@example.com.
- Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
- 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.