Thank you for selecting the Services offered by Intuit Inc. and/or its
and affiliates (referred to as "Intuit", "we", "our", or "us"). Review these Terms of Service
thoroughly. This Agreement is a legal agreement between you and Intuit. By accepting
(for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these
If you do not agree to this Agreement, then you may not use the Services.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the Intuit online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It 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, etc.
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 the Services.
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 third party.
* Reproduce, 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, unless Intuit 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:
a. Payments will be billed to you in U.S. dollars, 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.
b. You must pay with one of the following:
1. A valid credit card acceptable to Intuit;
2. A valid debit card acceptable to Intuit;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
4. By another payment option Intuit provides to you in writing.
c. 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.
d. If 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 we obtain.
e. Intuit will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
f. 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.
INTUIT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. 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 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 also give Intuit permission to combine information you enter or upload with that of other users of the Services. For example, this means that Intuit may use that non-identifiable aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
6.1 You are responsible for your content.You are responsible for all materials ("Content") uploaded, posted or stored 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:
a. 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 would encourage "flaming" others, or criminal or civil liability under any local,
state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
c. Except as permitted by Intuit in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 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. 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.
6.3 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 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.
6.4 Intuit 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
7.1 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.
7.2 We may tell you about other Intuit services.You may be offered other services, products, or promotions by Intuit ("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. You grant Intuit permission to use information
about your business and experience to help us to provide the Intuit Services to you and to enhance the Services.
You grant Intuit permission to combine your business data, if any, with that of others in a way that does not identify you or any
individual personally. You also grant Intuit permission to share or publish summary results relating to research data and to distribute
or license such data to third parties.
7.3 Communications. 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.
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 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.
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. 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 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.
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.
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 Claims.
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 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT 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 will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW. California state law governs this Agreement without regard to its conflicts of laws provisions.
14. 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. The Federal Arbitration Act governs the interpretation and enforcement
of this provision; the arbitrator shall apply California law to all other matters. 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, 2711 Centerville Road, 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 https://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 totaling 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 14 shall survive expiration, termination or recession of this Agreement.
15. 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 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 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: firstname.lastname@example.org.
B. ADDITIONAL PAYMENT-RELATED TERMS AND CONDITIONS
Your use of the E-Invoice Payment Service (“Payment Service”) provided by Intuit is subject to the General Terms of Service above and also includes these Additional Terms and Conditions below, which govern your use of the Payment Service. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service.
1. Service Description. The Payment Service enables you to pay an electronic invoice sent to you by a QuickBooks® Merchant who is using the QuickBooks® electronic invoicing feature. Intuit acts solely as a third party payment facilitator and processor to the merchant who has sent you an invoice. You agree that Intuit is not a party to any agreement you may have with the QuickBooks® merchant to whom you are making a payment and any disputes are solely between you and the merchant.
2. Your Account; Storing Your Payment Information. You may register for our Payment Service and save your bank account or payment card information. You agree that all information you provide during the sign-up process is true, complete and accurate. Once you establish an account, you are responsible for all activities that occur under your account credentials. You are responsible for maintaining the confidentiality of your account credentials and restricting access to your account. We recommend that you to review our Information Security Information for measures you may take to help protect your account, but we cannot guarantee that implementing these measures will ensure the security of your account.
3. ACH or Credit Card Payment Authorization. You may pay an invoice via electronic fund transfer (or ACH) from a valid U.S. bank account or using a credit card. You must provide verifiable bank account information to pay an invoice via ACH. By using the Payment Service, you authorize Intuit to debit your bank account or credit card for all invoice payments you initiate using the Payment Service. You understand that Intuit may not support all credit cards types or brands.
4. Setting Up the Pay Date. Provided that this feature is made available to you, you may specify the “pay” date of each invoice you receive. On the pay date, we will debit your bank account or credit card for the invoice amount. You are solely responsible for ensuring that the pay date of each invoice does incur any late, overdraft or return item fees that may be charged from your bank, credit card company or the merchant to whom you are making a payment. You give Intuit the right to resubmit any rejected, refused or invalid payments you have authorized and to re-originate your pay transaction.
5. Recurring (Repeating) Payments; Stop Payment Request. Provided this feature is made available to you, if you wish to use the Payment Service to permit a merchant to charge a recurring or repeating amount, you authorize the merchant, and Intuit as the merchant’s agent, to initiate either an electronic debit from your bank account or credit card at the frequency you indicate. This payment authorization will remain in full force and effect until you notify us of your cancellation by sending written notice in such time and in such manner to allow both Inuit and any receiving financial institutions a reasonable opportunity to act upon it. Alternative, you must cancel the payment by logging in to your account at least 24 hours before the specified “pay” date. A stop payment fee may be applied if the stop payment request is within 24 hours of the specified pay date.
6. Errors and Unauthorized Transactions. You can inspect your payment history at any time by logging in to your account. You must immediately notify us if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized invoice paid from your account; (ii) you notice errors; or (iii) your account credentials have been compromised. We may require that you send your complaint or question in writing. If we discover a processing error, we will correct it. If the error resulted in your receiving less money than you were entitled to, Intuit will credit you for the difference. If the error results in you receiving more money than you were entitled to, Intuit may debit the extra funds.
7. Invalid or Refused Payments. Intuit may pend, delay, or a reverse processed if Intuit believes a transaction: (1) is invalid; (2) involves misconduct or fraud; or (3) violates applicable law, the terms of this Agreement or Intuit’s policies. You agree to cooperate with Intuit and provide any information that may be reasonably requested by Intuit in its investigation of any invalidated or refused transactions. Also your agree and understand that the merchant is not required to accept your payment. You agree that you will not hold Intuit liable for any damages resulting from a Merchant’s decision not to accept a payment. Intuit will return any refused or denied payment to your bank account or credit card.
8. Restrictions.As a user, you must be at least eighteen (18) years of age and permanently residing in the United States. Additionally, you agree that as a user, you will not:
* Provide false, inaccurate or misleading information to Intuit;
* Use the Payment Service or any Intuit Service to send or receive fraudulent funds or conduct other transactions relating to other illegal activities;
* Modify, duplicate, disrupt or interfere with the Service, supporting servers, or networks manually or through the use of scripts, viruses, or worms;
* Attempt to access any other Intuit systems that are not part of the Service;
* Excessively overload the Intuit systems used to provide the Service; or
* Use Payment Service or any other Intuit Service to send unsolicited email to third parties.
9. Limitations on Amounts or Frequency of Transactions. At its sole discretion, Intuit may impose limits to the number and/or the frequency of invoices you can pay using the Payment Service. Intuit may decline any invoice exceeding these limits.
10. Identity Verification. Prior to Intuit’s processing of your first invoice payment, we may need to verify your account information. The verification process may include sending you texts, voice calls, or automated voice calls. If you provided us with your mobile phone number, you agree that we may send text or voice messages to that number, including autodialed or pre-recorded calls. The verification process may include debiting between $0.01 and $0.99 from your bank account, then immediately crediting the same amount back to your bank account, and you verifying the amount debited to confirm your bank account. Intuit will only use this process to screen for fraud and will not otherwise debit your bank account, except for your use of the Payment Service.
11. Credit Report Authorization. You authorize Intuit (directly or through its third party providers) to make any inquiries as necessary to verify your identity, including by obtaining your credit report, personal profile or other information from one or more credit agencies, databases or other sources to confirm your identity or prevent the fraudulent use of your account or your identity. We may also request that you provide additional information at any time, including a copy of government issued identification such as a passport, drivers or business license. If you refuse any of these requests, we may suspend or terminate your right to use the Payment Service. If you are a business entity, you are providing Intuit with written instruction and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report, or profile, from one or more credit agencies or their agents for verification purposes.
12. Intuit’s Liability for Failure to Complete Transactions or Payment Processing Delays. Intuit is not liable for any failure to complete your invoice payment on the pay date or in the correct amount, if you provide inaccurate or incorrect information. Any fees associated with late payment transaction imposed by the Merchant to whom you are making a payment shall be your sole responsibility. Intuit will make reasonable efforts to send you notice that your payment transaction is not complete, however you are solely responsible for ensuring a payment has been sent, received, accepted in the correct amount by the Merchant. The average process time is usually 2 to 3 business days, but may take longer due to banking system delays or other matters outside of Intuit’s control.
13. Disclosure of Account Information to Third Parties by Intuit. Information about your account or a transfer you make using the Payment Service will be disclosed to third parties only as necessary to complete transactions; in connection with any investigations you or we initiate; or to comply with a government agency, arbitration or court orders. We may also share information with other companies, attorneys, credit bureaus, agents and card associations in connection with issues related to fraud, credit or debt collection matters.
15. Consent To Conduct Business Electronically & Telephonically. Intuit may be required to send you Communications to you that may pertain to the Service and the use of information you may submit to IPS. Additionally, certain of the third party services you choose may require Communications with the third parties who administer these programs. You agree that IPS, on behalf of itself, 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 on one or more of our websites or product experiences, such as https://www.intuit.com, the online Intuit portal through which you pay invoices, etc. 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 Service or third party services. Intuit 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 Service. 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, and an email address. As applicable, by selecting the "I accept" or "Sign Up" 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.
16. Withdrawal of Consent for Electronic Communication. If you later decide that you do not want to receive future Communications electronically, write to us at Privacy Team, Intuit, Inc, 2800 East Commerce Center Place Tucson, AZ 85706. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Service.
17. Changes to Your Email Address. You agree to notify us promptly of any change in your email address. You can do so by logging on to https://privacy.intuit.com/cpi/do/signin and following the instructions to submit a comment to IPS (please include both your old and new email address).
18. Termination. If you violate any terms of this Agreement, your right to use the Service automatically terminates.
March 20, 2019