This End-User License Agreement (the “Agreement”) is a binding agreement between Mindcreek (“Mindcreek,” “we,” “us,” or “our”) and the individual who accesses or uses the Mindcreek QuickBooks Online data-extraction application (the “Application”) in the course of their work for Mindcreek (“you” or the “User”). By installing, accessing, or using the Application, you agree to be bound by this Agreement. If you do not agree, do not use the Application.
Subject to your compliance with this Agreement, Mindcreek grants you a limited, non-exclusive, non-transferable, revocable license to use the Application solely for Mindcreek’s internal business purposes — namely, the automated extraction and handling of accounting data from Mindcreek’s own QuickBooks Online company file(s). The Application is provided for internal use only and is not licensed for distribution, resale, or use on behalf of any third party.
You agree to use the Application only as authorized and in compliance with all applicable laws and Mindcreek policies. You will not:
The Application connects to QuickBooks Online using application programming interfaces (APIs) provided by Intuit Inc. (“Intuit”). QuickBooks and QuickBooks Online are products of Intuit. Intuit is not a party to this Agreement, is not responsible for the Application, and makes no warranties regarding it. Your use of QuickBooks Online remains governed by your own agreements with Intuit. Mindcreek is solely responsible for the Application.
The Application, including its source code, design, and all related materials, is and remains the property of Mindcreek and is protected by intellectual property laws. No rights are granted to you except the limited license expressly set out in this Agreement. All rights not expressly granted are reserved by Mindcreek.
The Application is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mindcreek does not warrant that the Application will be uninterrupted, error-free, or free of harmful components, or that data extraction will be complete or accurate in every case.
To the maximum extent permitted by applicable law, Mindcreek will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or business, arising out of or related to your use of or inability to use the Application, even if advised of the possibility of such damages.
This Agreement applies for as long as you are authorized to use the Application. Mindcreek may suspend or terminate your access at any time, with or without cause. Upon termination, the license granted to you ends and you must stop using the Application. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.
This Agreement is governed by the laws of the State of Louisiana, United States, without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Louisiana for any dispute arising under this Agreement.
Mindcreek may update this Agreement from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Application after a change takes effect constitutes acceptance of the revised Agreement.
Questions about this Agreement may be directed to Mindcreek at jfoster@mindcreek.com.