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Terms of Service

These Terms of Service, together with our Privacy Policy, form the agreement (the "Agreement") governing your use of, and our provision of, the services and software integration offered by Evan Clementino, operating as Mobilize Construction Systems ("Mobilize," "we," "us," or "our"), including our integration with Intuit QuickBooks Online (the "Integration"). By engaging our services or authorizing the Integration to connect to your QuickBooks Online company, you ("you," "your," or the "Client") agree to these Terms.

1. The Services and the Integration

Mobilize provides bookkeeping, accounting, and systems-implementation services to construction-industry clients. As part of those services, we operate a software Integration that connects to a Client's QuickBooks Online company through Intuit's official authorization (OAuth) process in order to read, configure, and maintain accounting data on the Client's behalf.

The Integration is an internal tool operated by Mobilize for the delivery of its own client services. It is not licensed, sold, or otherwise made available to the public as a standalone product.

2. Authorization and Your Responsibilities

3. Intuit QuickBooks Online

The Integration relies on Intuit's platform and API. Your use of QuickBooks Online is governed by your own separate agreement with Intuit, and Intuit's terms and privacy policy apply to your relationship with Intuit. Mobilize is an independent business and is not affiliated with, endorsed by, or acting as an agent of Intuit. We are not responsible for the availability, accuracy, or performance of Intuit's platform.

4. Data and Privacy

Our access to, use of, storage of, and protection of your data — including data accessed from QuickBooks Online — is described in our Privacy Policy, which is incorporated into this Agreement. We access only the data reasonably necessary to deliver the engaged services, and we do not sell your data.

5. Acceptable Use

You agree not to use our services or the Integration to violate any law, infringe the rights of others, or interfere with, disrupt, or attempt to gain unauthorized access to Intuit's systems, our systems, or any connected account.

6. Fees

Fees for Mobilize's services are set out in the separate engagement letter, proposal, or written agreement between you and Mobilize. These Terms govern use of the services and the Integration; they do not modify the pricing or scope agreed in your engagement.

7. Intellectual Property

Mobilize retains all rights in the Integration, its software, templates, workpapers, and methodologies. Your accounting data and records remain yours. Nothing in this Agreement transfers ownership of the Integration or its underlying software to you.

8. Disclaimers

The services and the Integration are provided on a commercially reasonable basis. Except as expressly stated in your engagement letter, they are provided "as is" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Integration will be uninterrupted or error-free, particularly where issues arise from Intuit's platform or other third-party systems outside our control.

9. Limitation of Liability

To the fullest extent permitted by law, Mobilize will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or data, arising out of or relating to the services or the Integration. Our total aggregate liability arising out of or relating to this Agreement will not exceed the fees paid by you to Mobilize for the services giving rise to the claim in the three (3) months preceding the event. Nothing in this section limits liability that cannot be limited under applicable law.

10. Term and Termination

This Agreement applies for as long as the Integration is connected or you are engaged with Mobilize. Either party may terminate as provided in the applicable engagement letter, and you may disconnect the Integration at any time. On termination, we will stop accessing your QuickBooks Online data and handle any retained data as described in our Privacy Policy.

11. Governing Law

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The courts located in Ontario, Canada will have jurisdiction over any dispute arising from this Agreement.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the services or the Integration after changes take effect constitutes acceptance of the revised Terms.

13. Contact Us

Mobilize Construction Systems
Evan Clementino
Kingston, Ontario, Canada
evan@mobilizeandscale.com