End-User License Agreement (“EULA”)
IMPORTANT—PLEASE READ CAREFULLY: This End-User License Agreement (“Agreement”) is a legal contract between you (“Customer,” “you,” or “your”) and Plancher RT, a Quebec sole proprietorship operating floor-sanding services in Montréal (“Plancher RT,” “we,” “us,” or “our”) for the QuickBooks Developer Application that you are about to download, install, access, or use (“App”). By clicking “I Accept,” installing, or otherwise using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not install or use the App.
1. DEFINITIONS
1.1 “App” means the Plancher RT-branded software (including any updates, patches, plug-ins, application-programming interfaces (“APIs”), documentation, and supporting materials) that interoperates with Intuit® QuickBooks® Online or Desktop.
1.2 “Customer Data” means any business, financial, personal, or other data you upload, transfer, or make accessible through the App.
1.3 “Intuit” means Intuit Inc. and its affiliates.
1.4 “Services” means the data-sync, reporting, invoicing, job-costing, and any other functions provided by the App.
2. LICENSE GRANT & SCOPE
2.1 Subject to full compliance with this Agreement, Plancher RT grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App solely for your own internal business purposes in connection with QuickBooks software you already license from Intuit.
2.2 You may not: (a) copy, modify, translate, or create derivative works; (b) reverse-engineer, decompile, or disassemble (except to the extent mandatory law allows); (c) sublicense, lease, rent, or distribute; (d) use for service-bureau or time-sharing purposes; (e) remove proprietary notices; or (f) use in violation of any applicable law or Intuit’s Developer Terms.
3. INTUIT INTEGRATION & THIRD-PARTY TERMS
3.1 The App interoperates with QuickBooks through Intuit Developer APIs. Your use of QuickBooks remains subject to your separate agreement with Intuit.
3.2 Plancher RT is not a party to your Intuit agreement and is not responsible for QuickBooks availability, support, or data-loss caused by Intuit.
3.3 You authorize Plancher RT to access, transmit, and store Customer Data necessary to provide the Services. You must obtain all required consents from your employees, clients, or other data subjects.
4. CUSTOMER DATA & PRIVACY
4.1 Ownership: As between the parties, you retain all right, title, and interest in Customer Data.
4.2 Use by Plancer RT: We process Customer Data solely to provide, maintain, and improve the App and our sanding services, and as described in our Privacy Policy posted at https://plancherrt.com/privacy.
4.3 Security: We implement commercially reasonable administrative, technical, and physical safeguards (including encryption in transit and at rest) aligned with our Privacy Policy.
4.4 Data Location: Customer Data may be stored on secure servers located in Canada or the United States.
4.5 Backup: You are responsible for maintaining independent backups of your QuickBooks company file and Customer Data.
5. FEES & PAYMENT
5.1 Subscription Fees: If the App is offered on a paid basis, fees are quoted in Canadian dollars, recurring monthly or annually, and non-refundable except as expressly stated.
5.2 Late Payments: Overdue amounts accrue interest at 1.5 % per month (or the maximum legal rate, whichever is lower).
5.3 Taxes: You are responsible for all applicable GST, QST, or other governmental taxes, excluding taxes based on Plancher RT’s net income.
6. TERM & TERMINATION
6.1 Term: This Agreement begins when you first accept it and continues until all subscriptions expire or are terminated.
6.2 Termination for Cause: Either party may terminate if the other party materially breaches this Agreement and fails to cure within fifteen (15) days of written notice.
6.3 Effect of Termination: Upon termination, your license automatically ends, and you must delete all copies of the App. Sections 4, 7–11, and 14–18 survive termination.
7. CONFIDENTIALITY
Each party (“Recipient”) will keep confidential and not disclose the other party’s Confidential Information except as needed to exercise its rights under this Agreement. Confidential Information includes Customer Data, non-public software code, and pricing. The Recipient may disclose Confidential Information to its employees or contractors under binding written obligations no less protective than this Agreement.
8. WARRANTY DISCLAIMER
8.1 THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” PLANCHER RT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY OF DATA SYNC.
8.2 PLANCHER RT DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT QUICKBOOKS INTEGRATION WILL REMAIN COMPATIBLE FOLLOWING INTUIT UPDATES.
9. LIMITATION OF LIABILITY
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANCHER RT’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) CAD $100 OR (B) THE FEES YOU PAID TO PLANCHER RT IN THE 12 MONTHS PRECEDING THE CLAIM.
9.2 IN NO EVENT SHALL PLANCHER RT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.
9.3 These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Plancher RT, its owners, employees, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your misuse of the App, (b) your violation of any law or third-party right, or (c) Customer Data.
11. EXPORT & COMPLIANCE
You represent that you are not located in, or a resident of, any country embargoed by Canada or the United States, and you will not use the App in violation of any export or anti-money-laundering laws.
12. SUPPORT & UPDATES
Plancher RT may provide email support at info@plancherrt.com during normal business hours (Mon–Fri 08:00–17:00 ET, excluding Quebec statutory holidays). We are not obligated to provide updates or upgrades, but if we do, they are deemed part of the App and subject to this Agreement.
13. FEEDBACK
If you provide suggestions, ideas, or other feedback regarding the App (“Feedback”), you grant Plancher RT a worldwide, perpetual, irrevocable, royalty-free right to use, modify, and commercialize the Feedback without restriction or compensation.
14. GOVERNING LAW & VENUE
This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflicts-of-law principles. The parties irrevocably attorn to the exclusive jurisdiction of the courts sitting in the judicial district of Montréal, Quebec. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. ASSIGNMENT
You may not assign or transfer this Agreement, in whole or in part, without Plancher RT’s prior written consent. Any attempted assignment in violation of this section is void. Plancher RT may assign this Agreement to a successor in connection with a merger, acquisition, or sale of substantially all assets.
16. SEVERABILITY & WAIVER
If any provision is held invalid or unenforceable, the remaining provisions remain in full force. Failure to enforce any right or provision shall not constitute a waiver.
17. ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy and any applicable Order Form, constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements or communications regarding the App.
18. MODIFICATIONS
Plancher RT may update or modify this Agreement at any time by posting a revised version on our website and sending notice to the email address associated with your account. Continued use of the App thirty (30) days after such notice constitutes acceptance of the revised Agreement.
19. ELECTRONIC SIGNATURES & DELIVERY
You consent to electronic delivery of this Agreement and all notices. You agree that clicking “I Accept,” “Sign,” or similar buttons constitutes your electronic signature and binds you as if you had signed a paper agreement.
Contact Information
Plancher RT
Attn: Legal – EULA
[Business Address]
Ile Bizard, QC
Email: info@plancherrt.com
If you have questions about this End-User License Agreement, please contact us at the address above or email info@plancherrt.com.