END USER LICENSE AGREEMENT FOR BIG E-Z SOFTWARE
(Desktop and Online)
IMPORTANT—READ CAREFULLY:
This End User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Big E-Z Bookkeeping Co. ("Licensor") governing the sale, distribution, access to, and use of the Big E-Z Software/System, including the Big E-Z Books Desktop Version (downloadable software for desktop use) and Big E-Z Books+ (the cloud-based bookkeeping application), together with associated media, documentation, updates, and support services (collectively, the "System"). By installing, copying, downloading, accessing, creating an account for, or otherwise using the Software/System, You agree to be bound by this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software/System, and You may not install, copy, download, access, or otherwise use the Software/System.
SYSTEM LICENSE
The Software/System is protected by intellectual property laws and treaties. The Software/System is licensed, not sold.
1. GRANT OF LICENSE
This EULA grants You the following nonexclusive rights:
Big E-Z Books+ (Cloud Version):
Access and Use. You may access and use Big E-Z Books+ through your authorized user account during an active subscription. Big E-Z Books+ is a cloud-based bookkeeping application provided by Big E-Z Bookkeeping Co. Access may be available through supported web browsers and compatible mobile devices.
Your subscription permits use only as allowed by your selected subscription plan. You may authorize additional users within your organization where permitted by your subscription. You are responsible for ensuring all authorized users comply with this Agreement.
You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. Unauthorized sharing of accounts or use beyond your subscription may result in suspension or termination of access.
Big E-Z Books Desktop Version:
You may install and use one (1) copy of the Big E-Z Books Desktop Version. Support is included for one (1) year from the date of purchase for the Desktop Version. Big E-Z Books Desktop Version is licensed for a single entity unless otherwise specified by the applicable purchase or license terms. Use in any other way is not supported by this license agreement and may result in immediate termination of the license.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software/System, or any portion thereof.
Trademarks. This EULA does not grant You any rights in connection with Big E-Z trademarks or service marks of the Licensor or its suppliers.
No Rental, Leasing, or Commercial Hosting. You may not rent, lease, lend, resell, sublicense, or provide commercial hosting services to third parties using the Software/System.
Support Services. Licensor may provide support services related to the Software/System ("Support Services"). Support Services may include onboarding, setup, customization assistance, training, documentation, email support, screen-sharing, or other assistance made available by Licensor. Support Services are intended to assist You in learning and using the Software/System and do not constitute accounting, tax, legal, financial, or other professional advice. Licensor does not provide accounting or tax advice through Support Services. You are responsible for obtaining advice from a qualified accountant, CPA, tax professional, attorney, or other appropriate professional regarding your specific circumstances.
Any supplemental software code provided to You as part of Support Services is considered part of the Software/System and subject to this EULA. You acknowledge and agree that Licensor may use technical information You provide as part of Support Services for product support and development. Licensor will not utilize such technical information in a form that personally identifies You unless mutually agreed in writing.
Subscription and Payment. Access to Big E-Z Books+ requires an active subscription unless otherwise stated. Subscription fees, renewal terms, cancellation terms, and applicable payment terms are governed by the applicable purchase or subscription terms presented at the time of purchase. Failure to pay subscription fees may result in suspension or termination of access.
Service Availability. Licensor will use commercially reasonable efforts to maintain availability of Big E-Z Books+. However, uninterrupted or error-free service cannot be guaranteed. Scheduled maintenance, software updates, internet outages, third-party services, or events beyond Licensor's reasonable control may temporarily affect access.
Data Ownership. You retain ownership of the financial and business information You enter into Big E-Z Books+. Licensor does not claim ownership of Your bookkeeping data. You grant Licensor permission to host, process, transmit, and back up Your data.
Exchange and Refunds. If Licensor is unable to resolve qualifying installation or access issues through Support Services and You have met the applicable equipment, browser, and software requirements, You may be entitled to a refund where provided under the applicable purchase terms. Except where otherwise required by law or expressly provided in writing, this is the sole remedy available to You for qualifying issues.
Termination. Without prejudice to any other rights, Licensor may suspend or terminate this EULA or Your access to the Software/System if You fail to comply with its terms, fail to pay applicable fees, misuse the Software/System, or otherwise violate applicable policies. Upon termination, You must cease using the affected Software/System. For Big E-Z Books+, data deletion will be governed by the Data Deletion & Retention Policy below.
3. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights in and to the Software/System, including but not limited to images, photographs, animations, video, audio, music, text, software, reports, templates, documentation, and copies of the Software/System, are owned by Licensor or its suppliers. This EULA grants You no ownership rights in the Software/System. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.
4. EXPORT RESTRICTIONS
You acknowledge that the Software/System may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software/System, including the U.S. Export Administration Regulations and applicable end-user, end-use, and destination restrictions.
5. APPLICABLE LAW
This EULA is governed by the laws of the State of Michigan in the United States of America. All legal proceedings shall take place within Oakland County in the State of Michigan, unless applicable law requires otherwise.
6. LIMITED WARRANTY NOTE
Software/System support is limited to the Support Services specifically included with Your purchase or subscription. Free online support may be available through email and the Big E-Z knowledge base for the applicable term of the license or subscription, subject to applicable requirements.
LIMITED WARRANTY FOR SOFTWARE/SYSTEM ACQUIRED IN THE US. Licensor warrants that the Software/System will perform substantially in accordance with its applicable documentation for the applicable warranty period stated at purchase. Updates, service packs, hot fixes, or other changes provided after the applicable warranty period are not covered by that warranty unless otherwise stated.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of an applicable Limited Warranty is as stated below. Except for any refund elected or required by Licensor or applicable law, You are not entitled to damages, including consequential damages, to the maximum extent permitted by applicable law.
YOUR EXCLUSIVE REMEDY. Licensor's entire liability and Your exclusive remedy shall be, at Licensor's option and subject to applicable law, return of the price paid, if any, for the affected Software/System or correction of the qualifying issue. This Limited Warranty is void if failure of the Software/System results from accident, abuse, misapplication, abnormal use, unauthorized modification, or a virus.
7. DISCLAIMER OF WARRANTIES
Except for any express limited warranty stated above and to the maximum extent permitted by applicable law, Big E-Z Bookkeeping Co. provides the Software/System and Support Services "AS IS" and with all faults. Licensor disclaims all other warranties and conditions, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness, results, workmanlike effort, absence of viruses, and non-infringement.
Nothing in the Software/System or Support Services constitutes accounting, bookkeeping, tax, legal, financial, investment, or other professional advice. Big E-Z Bookkeeping Co. provides software, educational information, and technical assistance intended to help You use the Software/System. You remain solely responsible for the accuracy of Your records, accounting decisions, tax filings, financial decisions, and compliance with applicable laws. You should seek the advice of Your tax professional, CPA, accountant, attorney, or other qualified professional for advice specific to Your business or circumstances.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall Big E-Z Bookkeeping Co. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software/System, Support Services, loss of data, business interruption, lost profits, or any other loss arising under or in connection with this EULA.
9. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages You might incur for any reason whatsoever, the entire liability of Big E-Z Bookkeeping Co. and Your exclusive remedy for all claims arising from or relating to the Software/System or this EULA shall be limited to the greater of the amount actually paid by You for the affected Software/System during the twelve (12) months preceding the event giving rise to the claim or U.S. $5.00, to the maximum extent permitted by applicable law.
10. INDEMNIFY AND HOLD HARMLESS
Licensee agrees to indemnify and hold Licensor harmless against all losses, damages, costs, and expenses, including reasonable attorney fees, resulting from any act or failure to act of Licensee, including misuse of the Software/System or violation of this EULA. Licensee acknowledges that Licensor is not responsible for providing accounting, tax, legal, financial, or other professional services or consultation.
11. ENTIRE AGREEMENT
This EULA, including any addendum or amendment included with the Software/System, is the entire agreement between You and Big E-Z Bookkeeping Co. relating to the Software/System and Support Services and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software/System, Support Services, or other subject matter covered by this EULA.
12. RISK DISCLAIMER
Big E-Z Bookkeeping Co. and its authors disclaim all warranties with regard to services, information, and data provided through the Website, Big E-Z Books+, and the Software/System, except for warranties that cannot lawfully be excluded, restricted, or modified.
Big E-Z Bookkeeping Co. reserves the right to make additions, deletions, or modifications to the contents or features of the Service at any time, subject to applicable law.
We make no representations about the suitability of the services, information, or data provided through the Website or Software/System for any particular purpose.
All services, information, and data are provided "AS IS" except as expressly stated in this EULA. We do not warrant that the Service will be provided regularly, uninterrupted, or error-free, that defects will be corrected, or that the Website or Software/System will be free of viruses or other harmful components.
13. COMPLIANCE WITH LAWS
Licensee shall be responsible for complying with all applicable government regulations of the United States or any foreign countries with respect to use of the Software/System by Licensee outside the country in which Licensor delivers the Software/System, including import and export restrictions and obtaining necessary consents and licenses.
14. FORCE MAJEURE
Neither party shall be liable for delays or nonperformance occasioned by acts of God, public enemies, civil disobedience, governmental regulations or decrees, labor disputes, unavailability of materials, equipment failure, strikes, fires, accidents, or other causes beyond that party's reasonable control.
15. TERM
This Agreement shall remain in effect unless terminated in accordance with its terms. Either party may terminate this Agreement where permitted by applicable law. Termination does not eliminate obligations that by their nature should survive termination.
16. INTELLECTUAL PROPERTY RIGHTS
Licensee shall not acquire any ownership interest in Licensor's intellectual property through use of the Software/System. All copyrights, proprietary rights, confidential information, know-how, and other intellectual property rights in the Software/System remain with Big E-Z Bookkeeping Co. or its licensors.
17. RESPONSIBILITY FOR DAMAGES
Licensee is responsible for damages and costs resulting from unauthorized access to or misuse of the Software/System by Licensee or persons acting on Licensee's behalf, subject to applicable law.
18. COPYRIGHT NOTICES
Licensee shall not remove any copyright, trademark, or proprietary rights notice or identification indicating Big E-Z Bookkeeping Co.'s ownership from any part of the licensed Software/System.
19. PROPRIETARY OR CONFIDENTIAL INFORMATION
Each party may make available to the other proprietary or confidential information related to its business. Such information shall be kept confidential, used only in connection with the parties' relationship, and disclosed only to persons with a legitimate need to know, subject to applicable law.
20. COMMUNICATIONS
All legal notices required under this Agreement must be provided in writing in accordance with the contact information and notice procedures designated by Big E-Z Bookkeeping Co.
21. DATA DELETION & RETENTION POLICY
When a Company is deleted from the Big E-Z Books+ platform, the following process applies:
Grace Period. Upon initiation of a Company deletion by an authorized Administrator or Super Administrator, the Company and all associated data will be placed in a "Scheduled for Deletion" status for a period of fourteen (14) calendar days (the "Grace Period"). During the Grace Period, the Company and its data will remain accessible to authorized users. No new data may be entered into the app during this period.
Notification. All users with access to the Company will be notified via email at the time deletion is scheduled. A reminder notification will be sent approximately two (2) days prior to permanent deletion.
Data Export. Users are responsible for exporting or downloading any data they wish to retain prior to the expiration of the Grace Period. Data may be exported in CSV or PDF format from the Reports section of the application.
Cancellation. An Administrator or Super Administrator may cancel a scheduled deletion at any time during the Grace Period, restoring the Company to its normal active status.
Permanent Deletion. Upon expiration of the Grace Period, the Company and all associated data—including, but not limited to, accounts, transactions, journal entries, reconciliations, invoices, customers, vendors, budgets, and reports—will be permanently and irreversibly deleted. Big E-Z Bookkeeping Co. shall have no obligation to recover or restore data after permanent deletion has occurred. Big E-Z Bookkeeping Co. does not retain archived copies or backups of Company data after permanent deletion.
No Liability. Big E-Z Bookkeeping Co. is not responsible for any loss of data resulting from a user's failure to export data during the Grace Period or from an authorized Administrator's initiation of the deletion process.
Record Retention. Accounting, tax, and business record retention requirements vary depending on the nature of the business and applicable federal, state, and local laws. We recommend You consult a tax attorney or other qualified tax professional for complete record retention guidance before closing or deleting Your account. You are solely responsible for determining what records must be retained and for maintaining copies of records as required by applicable law.
PROFESSIONAL ADVICE DISCLAIMER
The services provided by Big E-Z Bookkeeping Co. to assist You with getting started with Big E-Z Books+, including onboarding, setup, customization assistance, training, and technical support, are provided solely to help You understand and use the application. Such services are not intended to constitute, and shall not be construed as, accounting advice, tax advice, legal advice, financial advice, or professional advice of any kind.
Big E-Z Bookkeeping Co. does not determine how You should classify transactions, prepare tax returns, make tax elections, recognize revenue or expenses, or otherwise apply accounting or tax rules to Your particular circumstances. You are responsible for the accounting and tax treatment of Your transactions and records. Please seek the advice of Your tax professional, CPA, accountant, attorney, or other qualified professional regarding Your specific business, accounting, and tax circumstances.
ACKNOWLEDGMENT
By accessing or using Big E-Z Books+ or installing or using the Big E-Z Books Desktop Version, You acknowledge that You have read, understood, and agree to be bound by this EULA.