Terms and Conditions
The agreement between your firm and bright i-deas for the QBuddy app, its servers, QBuddy Academy and our website.
Agreement
These Terms and Conditions (“Terms”) are an agreement between bright i-deas tech, LLC, a limited liability company with offices at 5550 Glades Rd, Suite 511, Boca Raton, FL 33431 (“bright i-deas”, “we”, “us”), and the firm or other business that uses our services (“you”). They govern brighti-deas.com, the QBuddy application and its servers, QBuddy Academy, and any related services, support and content (together, the “Services”).
You accept these Terms when you use the Services, register an account, click a button that accepts them (for example “Yes” in the QBuddy payment window) or pay for the Services. If you accept them on behalf of a firm, you confirm that you are authorized to bind it, and “you” means that firm. If you do not agree, do not use the Services.
The Services are for businesses, such as accounting, bookkeeping and tax firms, and are not offered to consumers. Our Privacy Policy explains how we handle information and is part of these Terms.
What QBuddy does, and what it does not
QBuddy is a tool. It reads bank and credit card statements and CSV files with automated document processing, suggests how to classify each transaction using the rules your firm sets, compares what it read with the totals the bank printed on a PDF statement when there are such totals, and, when your team sends them, posts the transactions to QuickBooks Online or QuickBooks Desktop for Windows.
Automated reading and classification can be wrong. A statement can be read incompletely or incorrectly, a rule can put a transaction in the wrong account, and a statement whose totals agree with the bank can still contain errors that cancel each other out. QBuddy does not give accounting, tax, legal or financial advice, and it does not replace the judgment of your professionals.
We may change, improve or remove features of the Services, and we may stop offering a feature. If we stop offering the Services as a whole, we will tell clients in advance when we reasonably can.
Your responsibilities
You are responsible for your books and your clients’ books, and for every result of using the Services. In particular, you agree that:
- You will review the transactions QBuddy prepares before they are posted. You are responsible for what is posted, including when you choose to send a statement whose totals do not agree with the bank (“Send anyway”), when you send a CSV file (which carries no bank totals to compare), and when you turn on features that post without a person pressing Continue, such as Auto Pilot.
- You will reconcile your accounts and check the books, reports, returns and filings you prepare, whatever tool helped prepare them.
- You will choose the right client, company file, QuickBooks company and account for each statement, and keep current backups of your QuickBooks company files and of your own records.
- You are responsible for your computers, your Windows and QuickBooks licenses and settings, your network and internet connection, and your accounts with Intuit and other third parties.
- You will follow the laws and professional rules that apply to you and to the data you handle.
Your data and your clients’ data
Between you and us, you own the statements, files and other data you send to the Services, and the data your clients entrust to you (“Your Data”). You give us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit and display Your Data as needed to provide, secure, support and improve the Services for you, and to create aggregated or de-identified information that does not identify you, your clients or any person, which we may use for any lawful purpose.
You confirm that you have, and will keep, every right, consent and authorization needed to send Your Data to us and to have it processed as these Terms and our Privacy Policy describe, including any consent your clients must give and any consent required of tax return preparers by Section 7216 of the Internal Revenue Code and its regulations. You are responsible for the accuracy, quality and legality of Your Data and of how you obtained it. Do not send data the Services do not need.
We process Your Data as your service provider. We use it only to provide the Services and as these Terms and our Privacy Policy allow, and we do not sell it.
Accounts and access
Your firm’s account is identified by its registration and its access key. Keep your access key, the sign in links we send you and your computers confidential and secure, and limit access to QBuddy to the people who work for you. You are responsible for everything done through your account and your computers. Tell us right away at info@brighti-deas.com if you believe your account or access key has been misused. We may change or reset an access key to protect your account.
Acceptable use
You will not, and will not let anyone else:
- use the Services for anything unlawful, fraudulent or harmful, or to process data you have no right to use;
- send malicious code, try to gain unauthorized access to the Services, to other clients’ data or to our systems, or test their security without our written permission;
- copy, modify, reverse engineer, decompile or disassemble QBuddy, except as far as the law expressly allows despite this restriction;
- get around limits on credits, clients, users or features, or share an account or access key with another firm;
- resell, rent or provide the Services to others, other than for your own clients as part of your firm’s work, unless we agree in writing;
- overload or disrupt the Services, or access them by automated means other than the QBuddy app;
- use the Services or our content to build or train a competing product.
We may investigate suspected violations and take the action we consider appropriate, including suspending access.
Credits, plans and payments
- Prices. Prices are shown in the QBuddy app, at checkout or in a quote we send you. Taxes are added where they apply.
- Prepaid credits. Credits are bought in advance and used as transactions are posted to QuickBooks. Credits have no cash value, cannot be transferred and are non-refundable, except where the law requires a refund. We may change the price of credits for future purchases.
- Plans. A plan is billed in advance for each billing period (for example week to week or month to month), as shown when you subscribe, and renews automatically until it is cancelled. There is no long-term contract: you can cancel at any time, and the cancellation takes effect at the end of the current billing period. We do not refund any part of a billing period already started, except where the law requires it.
- Setup and onboarding. When a one-time setup or onboarding fee applies, it is non-refundable once onboarding has started, except where the law requires otherwise.
- Price changes. We will tell you at least 30 days before a price change to your plan takes effect. If you do not agree, you can cancel before it does.
- Payment processors. Payments are processed by PayPal and Stripe under their own terms. You authorize us and them to charge the payment method you provide for the amounts due.
- Late or failed payments. If a payment fails or is late, we may suspend the Services until it is paid.
Suspension and termination
You can stop using the Services at any time. We may suspend or end your access, in whole or in part, if you do not pay, if you break these Terms, if your use creates a risk for the Services, for other clients or for us, if the law requires it, or if we stop offering the Services. When we reasonably can, we will tell you first and give you a chance to fix the problem.
When your account ends, your right to use the Services ends, and unused credits and prepaid amounts are forfeited, except where the law requires otherwise. Within 30 days after it ends you can ask us to delete Your Data or, where practicable, to give you a copy; after that we may delete it. The parts of these Terms that by their nature should continue, such as amounts owed, Your Data, the disclaimers, the limitation of liability, indemnification and governing law, continue after the account ends.
Data retention and deletion
We keep Your Data while you are a client and afterwards as our Privacy Policy describes. The statement files you send are deleted from our servers as soon as their transactions have been extracted; the transactions, totals and rules read from them stay with your account to provide the Services. You can ask us at any time to delete a statement, a client’s data or your firm’s data by writing to info@brighti-deas.com. We may keep data when the law requires it, to resolve disputes or to enforce our agreements, and copies in backups are removed as the backups are replaced. Keep your own copies of everything you need: the Services are not a records archive.
Confidentiality
Each party will keep confidential the non-public information the other shares with it that is marked confidential or that a reasonable person would understand to be confidential, including Your Data and our non-public product, pricing and security information. Each party will use it only to perform under these Terms and will share it only with its employees, contractors and service providers who need it and are bound by duties of confidentiality. This does not apply to information that is or becomes public through no fault of the receiving party, that it already knew, that it receives lawfully from someone else, or that it develops independently. A party may disclose confidential information when the law requires it, after telling the other party when the law allows.
Third-party services
The Services work with services we do not control, such as Intuit QuickBooks Online and QuickBooks Desktop, MyOnline.TAX, PayPal, Stripe and TidyCal. Your use of them is governed by their own terms and privacy policies, and you are responsible for having the accounts and licenses they require. We are not responsible for them, for their availability, or for changes they make that affect the Services, such as changes in how QuickBooks accepts data.
QuickBooks is a trademark of Intuit Inc. bright i-deas and QBuddy are not affiliated with, endorsed by or sponsored by Intuit. Other names belong to their owners.
Our software and content
We and our licensors own the Services, including the QBuddy software and its updates, BalanceProof, QBuddy Academy, our website and their content, and all related intellectual property rights. Subject to these Terms and to payment of what is due, we give you a limited, non-exclusive, non-transferable, revocable license to install QBuddy on your firm’s Windows computers and to use the Services for your firm’s internal business purposes while your account is active. We reserve all rights not expressly granted. If you send us suggestions or feedback, we may use them without any obligation to you.
QBuddy Academy lessons and certificates are training material. A certificate records that lessons were completed; it is not a professional license or qualification.
Disclaimers
The Services are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Services will be uninterrupted, secure or free of errors, that statements will be read completely or correctly, that transactions will be classified or posted correctly, that BalanceProof will detect every error, or that results will meet your requirements or any accounting, tax or legal standard.
Limitation of liability
To the fullest extent the law allows, bright i-deas and its owners, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, business, goodwill or data, the cost of correcting books, entries, returns or filings, or any taxes, penalties or interest, arising out of or related to the Services or these Terms, even if we were told they were possible.
Our total liability for all claims arising out of or related to the Services or these Terms will not exceed the fees you paid us for the Services in the 12 months before the event that gave rise to the claim.
Some laws do not allow some of these limits. Where they do not, our liability is limited to the fullest extent the law permits.
Indemnification
You will defend, indemnify and hold harmless bright i-deas and its owners, employees and contractors from and against any claims, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: Your Data, or your sending it to us; claims by your clients or other third parties about the books, reports, returns or filings you prepare or the services you provide; your use of the Services; or your breach of these Terms or of the law.
Governing law and disputes
These Terms are governed by the laws of the State of Florida and by the federal laws of the United States, without regard to conflict of law rules. Any dispute arising out of or related to these Terms or the Services will be brought only in the state or federal courts for Palm Beach County, Florida, and each party consents to their jurisdiction. Each party waives any right to a jury trial, and claims may be brought only individually, not as a plaintiff or class member in a class or representative action. A claim must be brought within one year after it arises, unless the law requires a longer period.
Changes to these Terms
We may update these Terms. We will change the date at the top and, if a change is material, tell clients by email or in the QBuddy app at least 15 days before it takes effect. Using the Services after a change takes effect means you accept it. If you do not agree, stop using the Services and cancel your plan.
General
- Entire agreement. These Terms, the Privacy Policy and any order or quote we accept in writing are the whole agreement about the Services and replace any earlier agreement on the same subject. If a quote or order we accepted conflicts with these Terms, the quote or order controls for that item.
- Notices. We may send notices by email to the contact on your account or in the QBuddy app. Send notices to us at info@brighti-deas.com. You agree to receive communications electronically.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or as part of a merger, acquisition or sale of our business.
- Events beyond control. Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as outages of the internet, of hosting or of third-party services, except for paying amounts owed.
- Severability and waiver. If a provision is unenforceable, it is limited to the minimum extent needed and the rest stays in effect. Not enforcing a provision is not a waiver of it.
- Independent parties. The parties are independent contractors; nothing in these Terms creates a partnership, employment or agency.
- Export and sanctions. You will not use the Services in violation of United States export control or sanctions laws.
- Language. These Terms are written in English. If they are translated, the English version governs.
Contact
bright i-deas tech, LLC
5550 Glades Rd, Suite 511, Boca Raton, FL 33431
Email: info@brighti-deas.com
Phone: (888) 463-5585
Website: brighti-deas.com