-
“Accounting Client” means a Person whose Accounting Data has been uploaded to our Services by an Accounting Partner, at the behest and direction of such Person. Accounting Clients may or may not be our End-Users and are subject to this End-User Agreement to the extent allowable by Applicable Laws and/or Rules.
-
“Accounting Data” means any accounting data an End-User uploads to a Service. Your Accounting Data is considered Personally Identifiable Information.
-
“Accounting Partner” means any accountant, CPA, bookkeeper, tax preparer or similar professional who uses our Services to manage Accounting Data on behalf of Accounting Clients. Accounting Partners are also our Registered Users and are subject to this End-User Agreement.
-
“AccountingSuite” means the accounting, order management and inventory Services created by, developed by and/or licensed by the Company.
-
“AccountingSuite Add-On” means any additional Service or software functionality which may be offered by the Company to our Registered Users.
-
“AccountingSuite Add-On Fee” means the fee or fees (whether one-time or repeated) which may be charged by the Company when one of our Registered Users opts to purchase an AccountingSuite Add-On.
-
“AccountingSuite Feature” means any feature or functionality that is part of AccountingSuite. Different AccountingSuite Features may be available for use by different End-Users.
-
“AccountingSuite Subscription” means a subscription plan or level of services which is selected by or for one or more End-Users at the time of or subsequent to registration or account creation for such users. An AccountingSuite Subscription consists of a list of AccountingSuite Features for a specified maximum number of Concurrent Users and/or Concurrent Machines and is billed monthly or at such other terms specified by AccountingSuite at the time of registration or according to our Terms of Service.
-
“AccountingSuite Subscription Fee” means the fee associated with an AccountingSuite Subscription. AccountingSuite Subscription Fees may be charged monthly or as otherwise stated at the time of selection of an AccountingSuite Subscription.
-
“Affiliates” means a Person’s affiliates, third-party providers, licensors, distributors, suppliers, contractors and/or Related Entities.
-
“Application” means any software application (including mobile and desktop applications and copies thereof) that facilitates the use of Websites or Online Services.
-
“Applicable Laws and/or Rules” means (as may be amended from time to time) (a) any and all applicable laws, orders, ordinances, rules, regulations, treaties or other legal requirements, including those relating to cybersecurity, data privacy, data security, data transfer, financial data, international communications, software use or the export of software or technical or personal data; (b) any and all rules and regulations of the United States Financial Trade Commission; (c) the CCPA and/or (d) any and/or all applicable rules, regulations and requirements of providers, banks, institutions, organizations, associates or networks which govern your use of our Services, including (1) the operating rules of the National Clearing House Association (including all appendices and formal rules, (2) Payment Card Industry Data Security Standards (PCI-DSS) and Payment Application Data Security Standard (PA-DSS), (3) Visa USA, Inc. Operating Regulations, (4) Visa International Operating Regulations, (5) Mastercard Rules, (6) Discover Operating Regulations and/or (7) the American Express Merchant Operating Guide.
-
“Authorized User” means any of your employees, contractors, agents or any other Person you authorize to use our Services, Brand Assets and/or Developer Platform on your behalf.
-
“Automatic Billing” means a service provided by the Company whereby the Company automatically charges a Registered User-designated account (such as a bank account or credit card) for payment.
-
“Brand Assets” means a Person’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
-
“Branding Policy” means our BRANDING POLICY, which may be found here: www.accountingsuite.com/branding-policy
-
“CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 – 1798.199, as amended from time to time.
-
“Company“ means YELLOW LABS SOFTWARE, INC. DBA ACCOUNTINGSUITE, a Delaware corporation.
-
“Company Policy” means any policy or term of service of the Company.
-
“Concurrent Machine” means a physical or virtual computing device that is accessing our Services concurrently with another such device under the same AccountingSuite Subscription.
-
“Concurrent User” means a Registered User who is simultaneously logged into our Services with another Registered User using the same AccountingSuite Subscription or Registered User account.
-
"Confidential Information" means any and all technical and non-technical information provided by a party that is marked or otherwise identified at the time of disclosure as confidential or proprietary, whether in graphic, electronic, written or oral form, and including but not limited to any ideas, techniques, drawings, designs, descriptions, specifications, works of authorship, patent applications or other filings, models, inventions, know-how, processes, algorithms, software source documents, and formulae related to the current, future, and proposed technologies, products and services of each of the parties, and also any information concerning research, experimental work, development, financial information, purchasing, customer lists, investors, employees, business and contractual relationships, business forecasts, business plans, proprietary information, personally- identifiable information, sales and merchandising, marketing plans of or related to said party and information said party provides regarding or belonging to third parties.
-
“Cookie” means a small file stored on an End-User’s computer, mobile or other device, which is sent to that End-User’s browser from a Service.
-
“Developer” means a Person who accesses a Service Operator’s Services using that Service Operator’s Developer Platform. Our Developers are also our Registered Users and are subject to this End-User Agreement.
-
“Developer Client” means any software or Service used by a Developer to access a Service using the Developer Platform provided by that Service.
-
“Developer Platform” means a Service Operator’s Services, software development kit (“SDK”) files, tools programs and utilities, as well as any plug-in or any other application programming interfaces (“API”), sample code (including runtimes and libraries) and related documentation which allow third-parties to connect their Services to that Service Operator’s Services.”
-
“Developer Policy“ means our DEVELOPER POLICY, which may be found here: www.accountingsuite.com/developer-policy
-
“End-User” means an end-user of a Service. Under the GDPR, “data subjects” are End-Users. Under the CCPA, “consumers” are End-Users.
-
“End-User Agreement“ means our END-USER AGREEMENT, which may be found here: www.accountingsuite.com/end-user-agreement
-
“Fees” means any and all fees due to the Company from a Registered User, including AccountingSuite Subscription and Add-On Fees.
-
“Franchisee” means an Accounting Partner who is authorized to use our Services by a Franchisor.
-
“Franchisor” means a Registered User of our Services who sells or licenses our Services to Franchisees.
-
“Government User” means any End-User accessing Services on behalf of any governmental entity.
-
“GDPR” means the General Data Protection Regulation.
-
“Integration Partner” means any third-party Person (including third-party service providers) that we share data (including User Data) with in order to provide services to our End-Users.
-
“Intellectual Property" means intellectual property, including any advertisement, audio, blueprint, book, concept, copyrightable material, data, database, demonstration (i.e., demo), design, development tool, diagram, drawing, film, film clip, flow chart, improvement, information, invention, know-how, logo, method, model, music, object code, painting, patentable material, procedure, process, promotional material, report, screenshot, script, sculpture, slideshow, slogan, software, song, source code, slogan, specification, technical information, technology, trade-show display, trade secret, visual art, work-in-progress or writing, whether in electronic or any other form.
-
“Intellectual Property Laws” means any Applicable Laws and/or Rules which protect Intellectual Property.
-
“Intellectual Property Right” means any and all rights, title and interest to Intellectual Property, including all applications, registrations, common-law or usage rights, arising or enforceable under any Applicable Laws and/or Rules.
-
“Licensed Territory” means the United States of America and its territories and possessions.
-
“Online Service” means any online service available through a Website, including content, data, software, updates, web services, application programming interfaces and new releases.
-
“Person” means any individual or legal entity, including any association, corporation (including any non-profit corporation), estate, general partnership, governmental body, joint venture, limited liability company, limited liability partnership, limited partnership, organization or trust.
-
“Personally Identifiable Information” or “PII” means information which may be used to identify an individual, such as the individual’s name, addresses, email addresses, phone or fax numbers, usernames, passwords, credit reporting information or other account information which may be in a Service Operator’s possession or likely to come into that Service Operator’s possession. PII includes Accounting Data.
-
“Privacy Policy“ means our PRIVACY POLICY, which may be found here: www.accountingsuite.com/privacy-policy
-
“Registered Developer” means a Person who has completed the registration process to use a Service Operator’s Developer Platform.
-
“Registered User” means an End-User who has completed the registration process for a Service.
-
“Related Entities” means, for a Person, that Person’s parents or subsidiaries (or parents or subsidiaries thereof).
-
“Service” means an Application, Website, Online Service or Developer Platform including their compilation, content, data, design, digital conversion, graphics, magnetic translation, organization or other related matters and any content, updates or maintenance releases thereto. Our Services include AccountingSuite and our Developer Platform.
-
“Service Operator” means a Person who operates any Service. We are a Service Operator.
-
“Terms of Service“ means our TERMS OF SERVICE, which includes (a) our End-User Agreement, (b) our Privacy Policy, (c) our Accounting Partner Policy, (d) our Franchisor Policy, (e) our Franchisee Policy, (f) our Branding Policy, (g) our Developer Policy and (h) all of our other terms, policies and guidelines applicable to your use of our Services.
-
“Third-Party Component” means any component incorporated into our Services provided by a third party.
-
“Tracking Technologies” means Cookies, beacons, tags or scripts which may collect and track information about an End-User’s usage of our Services.
-
“Update” means any update, upgrade, modification or enhancement to a Service made generally available to that Service’s End-Users.
-
“User Content” means any data, images, sounds, figures or other materials, which are uploaded, posted or stored by an End-User through such user’s use of a Service Operator’s Services. User content includes an End-User’s Personally Identifiable Information.
-
“Usage Data” means usage information collected by a Service Operator when an End-User accesses that Service Operator’s Services, including (a) Internet Protocol (“IP”) addresses (including server addresses), (b) log files, (c) unique device identifiers, (d) equipment identifiers (such as MAC addresses) or other unique identifiers, (e) browser type and version, (f) browsing history during interaction with such Services (including visited pages and the time, dates and duration of such visits), (g) domain counts, (h) other usage information collected from Cookies or other Tracking Technologies and (i) any other data the such Service Operator deems necessary for or relevant to provision of its Service. Usage Data may or may not contain PII.
-
“User Data” means, for an End-User, its User Content (including Personally Identifiable Information and Accounting Data) and its Usage Data.
-
“Website” means any publicly accessible website.