WrightPlan Connector for QuickBooks® Online

The terms of this user agreement is an addendum to the WrightPlan Terms of Service agreement and pertains to Your use of the WrightPlan Connector for QuickBooks® Online WrightPlan is providing to You.  Solely to the extent relating to your use of the WrightPlan Connector for QuickBooks® Online, in the event of a conflict between this Addendum and the WrightPlan Terms of Service, the terms of this Addendum shall govern.

WrightPlan is responsible for providing all customer and technical support and maintenance for WrightPlan Connector for QuickBooks® Online. In the event of any change to, or discontinuation of WrightPlan Connector for QuickBooks® Online, WrightPlan shall provide notification to You and address any related inquiries You may have.  You acknowledge that the WrightPlan Connector for QuickBooks® Online is simply an interface permitting You to utilize certain QuickBooks functionality, hosted by Intuit Inc. and/or its subsidiaries and affiliates (“Intuit”); all data submitted through the WrightPlan Connector for QuickBooks® Online is processed and/or stored (as applicable) by Intuit.  In addition to the terms below, You are responsible for complying with any policies implemented by Intuit in relation to such data processing and storage, as made known to you by Intuit or WrightPlan, and You acknowledge that WrightPlan shall be entitled to refer you to Intuit directly in the event of any issues with Your data processed or stored by Intuit.

1. Restrictions. You and Your employees shall not and shall not permit any third party to, directly or indirectly: (a) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the WrightPlan Connector for QuickBooks® Online; (b) rent or time-share the WrightPlan Connector for QuickBooks® Online or host the WrightPlan Connector for QuickBooks® Online in a multi-tenant environment; (c) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the WrightPlan Connector for QuickBooks® Online or any copies thereof; (d) engage in any activity with the WrightPlan Connector for QuickBooks® Online that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; and (e) use the WrightPlan Connector for QuickBooks® Online or data provided via the WrightPlan Connector for QuickBooks® Online in any way in furtherance of criminal, fraudulent, or other unlawful activity. You must comply with applicable laws and regulations in using, accessing or distributing the WrightPlan Connector for QuickBooks® Online, including any data provided via the WrightPlan Connector for QuickBooks® Online.

2. Data Use. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is provided to You, may be used by Intuit’s third-party vendors to conduct certain analytical research, performance tracking and benchmarking. Such third-party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.

3. Data Transfer. You agree and acknowledge that use of the WrightPlan Connector for QuickBooks® Online entails processing of data submitted to Intuit through WrightPlan Connector for QuickBooks® Online, who may in turn utilize other third parties to process such data, and that accordingly, Your data submitted through WrightPlan Connector for QuickBooks® Online, including financial or personal information, may be transferred to a third party located in a country that does not have adequate security controls to protect Your data.

4. Third-Party Services. You understand that the WrightPlan Connector for QuickBooks® Online may require access to certain third-party services (“Third Party Services”). In order to use the WrightPlan Connector for QuickBooks® Online, that uses or collects data from the Third-Party Services, You hereby authorize third party service providers, including Intuit, to obtain Your data from third parties and share it with WrightPlan for the WrightPlan Connector for QuickBooks® Online. Such data may include Your financial or personal information with third parties. In addition, You agree that WrightPlan may provide Your data to such third-party service providers. You represent and warrant that You have the rights and authority to provide such authorizations to the third-party service providers and WrightPlan. Your use and/or access to Third Party Services shall be limited to those uses and access rights permitted by the third-party service provider. If You access or use the Third-Party Services, You are responsible for reviewing and understanding any such terms and conditions governing such Third Party Services. You understand that WrightPlan has no control over the Third-Party Services and that Your ability to access and use the Third-Party Services may be suspended or terminated at any time, for any reason, at the third-party service provider’s discretion.

5. Security. You are fully responsible for the security of data on Your website or otherwise in Your possession or control. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information (defined as “Data”) on your website. You agree, where applicable, that You shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. It is Your responsibility to comply with these standards.

6. Third Party Beneficiary. You acknowledge that Intuit is a third-party beneficiary under this Agreement with rights to enforce the terms of this Agreement.

7. Termination. If Your access to the WrightPlan Connector for QuickBooks® Online is terminated due to nonpayment of License Fees, You shall be notified that Your data shall be deleted if You do not retrieve it during the notification period. Termination terms for the WrightPlan Connector for QuickBooks® Online shall be in accordance with the terms of the WrightPlan User Agreement between WrightPlan and You. Notwithstanding such terms, Intuit may, upon Your request, cease providing Your data to you at any time.

8. Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT THE WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE, ANY THIRD PARTY SERVICES AND ANY DATA PROVIDED VIA THE THIRD-PARTY SERVICES OR WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WRIGHTPLAN, ITS LICENSORS AND THIRD-PARTY SERVICE PROVIDERS (INCLUDING INTUIT) MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE, ANY THIRD-PARTY SERVICES OR ANY DATA PROVIDED VIA THE THIRD-PARTY SERVICES OR WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE, IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREES THAT ANY USE OF THE WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE, THIRD PARTY SERVICES OR DATA PROVIDED VIA THE THIRD-PARTY SERVICES OR WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE WILL BE AT YOUR SOLE RISK, AND THAT, IF THERE IS ANY LIABILITY IN CONNECTION WITH THE WRIGHTPLAN CONNECTOR FOR QUICKBOOKS® ONLINE, INCLUDING LIABILITY ARISING FROM A SECURITY BREACH OR WRIGHTPLAN’S LACK OF COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS OR DATA PRIVACY PROTECTION, SUCH LIABILITY IS SOLELY WITH WRIGHTPLAN AND NOT ITS LICENSORS OR THIRD-PARTY SERVICE PROVIDERS.