Contact: Dawn Scranton / Ph: 561.291.3445
Support: sales@mbsolutioneers.com
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING EMRFINX. BY INSTALLING, ACCESSING, OR USING THIS SOFTWARE, YOU (“LICENSEE”) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.
This End-User License Agreement (“Agreement”) is a legal agreement between Licensee and mbSolutioneers (“Licensor,” “we,” “us,” or “our”) governing Licensee’s use of the EMRFinX software application (the “Software” or the “App”), which integrates with Intuit services including QuickBooks Online.
1. GRANT OF LICENSE
mbSolutioneers (“Licensor”) grants Licensee a non-exclusive, non-transferable, limited license to install and use EMRFinX solely for Licensee’s internal business operations. This license does not include the right to sublicense, resell, host for third parties, or otherwise distribute the software.
2. DESCRIPTION OF SOFTWARE
EMRFinX is a server-side data mapping and automation tool. Licensee installs and operates it on Licensee’s own infrastructure.
The software connects to data sources that Licensee configures and credentials, including Snowflake, Microsoft SQL Server, ODBC data sources, CSV files, and Excel files. It executes queries that Licensee authors against those sources, applies field mappings that Licensee creates, and posts the resulting Invoices,
Credit Memos, Sales Receipts, and Journal Entries into Licensee’s QuickBooks Online company through the Intuit QuickBooks Online API, on a schedule Licensee sets or on demand. It records the outcome of each run.
What data leaves a source system, and what is written into QuickBooks Online, is determined by the queries and field mappings Licensee configures.
mbSolutioneers does not host or operate the software on Licensee’s behalf and does not receive Licensee’s data, unless separately contracted in writing.
3. LICENSEE RESPONSIBILITIES
Licensee is solely responsible for:
a) The security of the server and network environment on which EMRFinX is deployed, including operating system patching, file system permissions, transport security certificates, and access controls;
b) All credentials supplied to the software, including data source credentials, QuickBooks Online authorizations, and the application’s shared API key, and for their safekeeping and rotation;
c) The queries and field mappings Licensee configures, the data those mappings cause the software to transmit, and the accuracy of the accounting records they produce in QuickBooks Online;
d) Reviewing the output of the software before relying on it. The software writes to Licensee’s live accounting records;
e) Compliance with all laws and regulations applicable to Licensee’s data, including the Health Insurance Portability and Accountability Act (HIPAA) and applicable state privacy laws where they apply, and for determining that a given data element may lawfully be transmitted to QuickBooks Online.
4. RESTRICTIONS
Licensee shall not:
- Copy, modify, translate, adapt, or create derivative works of the software without prior written consent from mbSolutioneers;
b) Reverse engineer, decompile, or disassemble the software;
c) Rent, lease, lend, sell, sublicense, or provide the software as a service to any third party;
d) Remove or alter any proprietary notices or labels on the software;
e) Circumvent, disable, or suppress the software’s data classification
warnings or acknowledgement prompts;
f) Access or use the software in order to build, or to assist any third party in building, a competing product or service;
g) Use the software in any manner that violates applicable law or regulation.
5. INTUIT PLATFORM INTEGRATION AND QUICKBOOKS ONLINE API USAGE
This App uses APIs provided by Intuit. Licensee acknowledges and agrees that:
a) Use of EMRFinX with QuickBooks Online requires Licensee to authorize the application against Licensee’s own QuickBooks Online company, and that doing so constitutes Licensee’s acceptance of Intuit’s applicable Terms of Service, Privacy Policy, and API usage policies. Licensee is solely responsible for maintaining valid QuickBooks Online authorizations and for compliance with Intuit’s platform policies;
b) mbSolutioneers does not control, and assumes no responsibility for, Intuit’s services, their availability, or their performance;
c) Licensee data may be transmitted to Intuit solely for the purposes necessary to provide the App’s functionality, as determined by the queries and field mappings Licensee configures.
Licensee may revoke the software’s access at any time, either from within the application or from within QuickBooks Online. Revoking access from within the application also revokes the authorization at Intuit.
mbSolutioneers is an independent third party and is not affiliated with, endorsed by, or sponsored by Intuit Inc. QuickBooks and QuickBooks Online are trademarks of Intuit Inc.
6. DATA AND PRIVACY
Licensee’s use of the App is subject to the EMRFinX Privacy Policy, which is incorporated into this Agreement by reference, is distributed with the software, and is available on request from the contact address in Section 17. By using the App, Licensee agrees to the collection and use of data as described in that policy.
7. FEES
Fees for EMRFinX, if any, are as set out in a separate written order form, quotation, or subscription agreement between Licensee and mbSolutioneers. Where no such document exists, the App is offered at no charge. mbSolutioneers reserves the right to introduce or change fees in the future upon prior notice to Licensee.
8. SUPPORT
mbSolutioneers may provide limited support for the App by telephone at 561.291.3445 or by email at sales@mbSolutioneers.com. Support is provided on a commercially reasonable efforts basis and is not a service level commitment unless separately agreed in writing.
mbSolutioneers is not responsible for the support of Intuit products, of QuickBooks Online, or of any data source, mail server, or other third-party system Licensee connects to the App. mbSolutioneers does not provide accounting, tax, legal, or compliance advice.
9. INTELLECTUAL PROPERTY
All right, title, and interest in and to EMRFinX, including all intellectual property rights therein, remain with mbSolutioneers. This Agreement conveys no ownership rights to Licensee. Licensee’s data, queries, and field mappings remain Licensee’s property. mbSolutioneers claims no rights in them.
10. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. mbSolutioneers DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE ACCOUNTING RECORDS IT PRODUCES WILL BE COMPLETE OR CORRECT FOR LICENSEE’S PURPOSES.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, mbSolutioneers SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF mbSolutioneers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. mbSolutioneers’ TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100), WHICHEVER IS LESS.
12. INDEMNIFICATION
Licensee shall indemnify and hold mbSolutioneers harmless from any claim, demand, loss, or expense arising out of Licensee’s use of the software in violation of this Agreement or of applicable law, including any claim arising from data that Licensee’s queries and field mappings caused the software to transmit.
13. TERM AND TERMINATION
This Agreement is effective until terminated. Licensee may terminate it at any time by ceasing all use of the software, revoking its QuickBooks Online authorizations, and destroying all copies. mbSolutioneers may terminate this Agreement upon written notice if Licensee materially breaches any term and does not cure the breach within thirty (30) days.
mbSolutioneers further reserves the right to suspend Licensee’s access to the App, and to any component of it that mbSolutioneers controls, immediately and without prior notice where Licensee’s use violates this Agreement, violates Intuit’s platform policies, or presents a security or legal risk. Where practicable, mbSolutioneers will notify Licensee of a suspension and of the steps required to lift it.
Upon termination, all licenses granted hereunder immediately cease. Sections 9, 10, 11, 12, and 14 survive termination.
14. GOVERNING LAW
This Agreement is governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict of law provisions. The state and federal courts located in Florida shall have exclusive jurisdiction over any dispute arising under this Agreement.
The software is offered for use in the United States. Licensee is responsible for compliance with local law if the software is used elsewhere.
15. CHANGES TO THIS AGREEMENT
mbSolutioneers may update this Agreement from time to time. The Effective Date above reflects the current version. Licensees will be notified of material changes by email or by notice within the App. Continued use of the software after a material change takes effect constitutes acceptance of the revised Agreement.
16. ENTIRE AGREEMENT
This Agreement, together with the EMRFinX Privacy Policy, constitutes the entire agreement between the parties with respect to EMRFinX and supersedes all prior understandings, agreements, representations, or warranties. If any provision is held unenforceable, the remaining provisions remain in effect.
17. CONTACT
mbSolutioneers 149 US Hwy 1, Suite 140
Email: sales@mbsolutioneers
Phone: 561.291.3445
By using the App, Licensee agrees to be bound by this Agreement.