End User License Agreement
This End User License Agreement (the "Agreement") is a contract between you and 219 Digital LLC ("219 Digital", "we", "us" or "our"). It governs your use of Pop's Landlord Accounting, including the web application, this website and any related services (together, the "Service").
By connecting a QuickBooks Online company to the Service, or by otherwise using the Service, you agree to this Agreement. If you are using the Service on behalf of a business or another person, you confirm that you have authority to accept this Agreement for them, and "you" includes them. If you do not agree, do not use the Service.
1. The Service
Pop's Landlord Accounting is an application that connects to a QuickBooks Online company and helps owners of rental property keep their books. Among other things, it lets you describe properties, units and tenants, and it records related entries, such as customers, rent invoices, management fee bills and reserve transfers, in the QuickBooks Online company you connect.
The Service requires a QuickBooks Online subscription and an Intuit account, which you obtain from Intuit Inc. ("Intuit") under Intuit's own terms. Intuit is not a party to this Agreement and is not responsible for the Service. We are not affiliated with or endorsed by Intuit.
2. Your authorization
When you connect a QuickBooks Online company, you authorize us to access that company through Intuit's programming interfaces and to read, create and update data in it as needed to provide the Service. This includes accounts, customers, vendors, classes, items, invoices, bills, transfers and company information. You confirm that you have the right to grant this access for the company you connect.
You can withdraw this authorization at any time by disconnecting in the Service's settings or from within your Intuit account. Entries the Service has already recorded in QuickBooks Online remain there after you disconnect.
3. License
Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for managing the books of rental property that you own or are authorized to manage.
4. Restrictions
You agree not to:
- copy, modify, reverse engineer, decompile or create derivative works of the Service, except where the law does not allow this restriction;
- sell, rent, sublicense or otherwise make the Service available to others as a service of your own;
- use the Service in violation of any law, or to record information you have no right to record;
- interfere with the Service, attempt to bypass its security, or access another customer's data;
- use automated means to access the Service other than as the Service itself provides; or
- use the Service to build a competing product.
5. Your data
You keep all rights in the information you enter into the Service, the files you upload, and the data in your QuickBooks Online company ("Your Data"). You grant us a license to host, process and transmit Your Data only as needed to provide, maintain and support the Service, and as described in our Privacy Policy.
Your Data may include personal information about other people, such as the names and email addresses of your tenants and property managers. You are responsible for having the right to give us that information and for meeting your own obligations to those people. When the Service emails an invoice to a tenant or property manager, it does so on your behalf and at your direction.
6. Not professional advice
The Service is a bookkeeping tool. It does not provide accounting, tax, legal or financial advice, and we are not your accountant, tax preparer or attorney. Reports and figures produced by the Service, including net operating income and capitalization rate, depend on the information you provide and are for your general information only.
You are responsible for reviewing the entries the Service records, for the accuracy of your books and tax filings, and for consulting a qualified professional where appropriate.
7. Fees
If fees apply to the Service, they are shown to you before you are charged, for example on the QuickBooks App Store listing or within the Service. Unless stated otherwise, fees are billed in advance, are non-refundable except where required by law, and do not include your QuickBooks Online subscription. We may change fees with at least 30 days' notice, and a change takes effect at the start of your next billing period.
8. Third-party services
The Service depends on services operated by others, including QuickBooks Online. We do not control those services and are not responsible for their availability, accuracy or conduct. Changes Intuit makes to QuickBooks Online or to its programming interfaces may affect the Service or cause parts of it to stop working.
9. Changes and availability
We may add, change or remove features of the Service, and we may suspend the Service for maintenance or to protect its security. We try to keep the Service available but do not promise that it will be uninterrupted or free of errors.
10. Term and termination
This Agreement applies for as long as you use the Service. You may stop using the Service at any time by disconnecting your QuickBooks Online company. We may suspend or end your access if you breach this Agreement, if required by law or by Intuit, or if we discontinue the Service, in which case we will give reasonable notice where we can.
When this Agreement ends, the license in section 3 ends. Sections 5, 6 and 11 through 16 continue to apply. Our Privacy Policy explains what happens to Your Data and how to ask us to delete it.
11. Ownership and feedback
The Service, including its software, design, text and the Pop's Landlord Accounting name and logo, belongs to 219 Digital and its licensors and is protected by intellectual property laws. This Agreement does not transfer any ownership to you. If you send us suggestions about the Service, we may use them without restriction or payment.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, 219 DIGITAL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ENTRIES, CALCULATIONS OR REPORTS PRODUCED BY THE SERVICE WILL BE ACCURATE OR COMPLETE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, 219 DIGITAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, OR FOR ANY TAX, PENALTY OR INTEREST ASSESSED AGAINST YOU, ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
14. Indemnification
You agree to defend, indemnify and hold harmless 219 Digital and its members, officers, employees and agents from any claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of Your Data, your use of the Service in breach of this Agreement, or your violation of any law or of the rights of another person.
15. Governing law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws rules. You and 219 Digital agree that the state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or related to this Agreement or the Service, and each consents to the jurisdiction of those courts.
16. General
We may update this Agreement from time to time. If we make a material change, we will post the new version here with a new effective date and, where appropriate, notify you in the Service or by email. Your continued use of the Service after the effective date means you accept the updated Agreement.
This Agreement, together with the Privacy Policy, is the entire agreement between you and 219 Digital about the Service. If any part of it is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of assets.
17. Contact
Questions about this Agreement can be sent to 219 Digital LLC at contact@popslandlordaccounting.com.