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End User License Agreement

READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BECAUSE BY SELECTING “I ACCEPT” OR USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THIS EULA, DO NOT CLICK “I ACCEPT”, OR USE THE SERVICE.

  1. Thank you for choosing to license Fiscal Checkup™. This is an agreement between Fiscal Advantage. LLC, (Licensor) and the User (Licensee) who is being licensed to use the web-based service. The User desires to access and utilize said service and will need internet access and adequate hardware capabilities.
  2. The Licensor’s product Fiscal Checkup™ performs financial analysis on user’s data that User has entered into the service. Licensor does not extend any guarantees or warrantees on any information generated from the user’s data. Licensor hereby recommends the User to engage with their local professional to review all information generated from the Fiscal Checkup™ reports before making any business decisions.
  3. User acknowledges that this is a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the intellectual property software and service, in all possible aspects.
  4. This Licensor permits authorized personnel of User, subject to the terms and conditions of this Agreement, including the full payment due or any subscription due, electronic access to use the Service.
  5. Licensor shall continue to develop, update, correct or enhance the Service as they determine necessary.
  6. Licensor has taken precautions to keep user information private and confidential. User privacy is very important to us. Licensor has implemented financial industry standards for its security systems.
  7. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by certified mail, or overnight delivery or electronic delivery (email).
  8. Neither this Agreement nor any interest in this Agreement may be assigned by User without the prior express written approval of Licensor, which will not be unreasonably withheld.
  9. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect.
  10. The Licensee shall not amend, translate, decrypt, reverse engineer the Licensed Service or engage in decompilation, disassembly or any other acts attempting to detect the source code of the Licensed Software.
  11. The Licensor shall, within three (3) business days of accepting this agreement, provide the Licensee with access to the licensed service in the form of user access code and commence to provide technical support as required.
  12. In the event the User breaches any provision of this Agreement, the Licensor may terminate all rights granted to the User under this Agreement immediately by giving the User electronic notice (email) stating the breach of the User. User has 72 hours from notice to remedy the breach to the satisfaction of the Licensor. In the event this Agreement is terminated, the Licensor is not obliged to refund any payments made by the Licensee hereunder and the Licensee shall promptly make payment of all amounts payable to the Licensor under this Agreement if any payment is due.
  13. Licensor warrants to User, that Service when operated in accordance with the Licensor’s website information and other instructions provided by Licensor, the Service will perform substantially in accordance with the functional specifications set forth. To the extent that the Service is unusable, Licensee shall inform Licensor to which Licensor will diagnose and correct problems that Licensee may encounter on a reasonably immediate time schedule. Licensor may, in its sole discretion, refund to Licensee all or an equitable portion of the license fee paid by Licensee in full satisfaction of Licensee’s claims relating to such noncompliance.
  14. In consideration of the license granted by the Licensor of the Licensed Software and Services, the User shall pay the Licensor the listed pricing on the Licensor’s site.
  15. This License Agreement is not for a specific period of time, but instead is defined as it relates to fiscal years of data entered. For example, in the first year of use, Licensee may enter 3 to 5 years of financial information for the stated fee. If the Licensee decides to enter another subsequent year of financial information after submitting the original data, the licensee will pay an additional licensing fee. Once license the fee is paid, the User may continue using the software service for up to one year from payment.
  16. This Software is subject to a limited warranty. Licensor warrants to Licensee the Service will perform according to its printed documentation. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty.
  17. Licensor is not liable to Licensee for any damages, including compensatory, special, incidental, punitive or consequential damages connected with or resulting from this license agreement or Licensee’s use of this service. Any claim against Licensor can never amount to more than said license fee. Again, the Licensor at their discretion, can refund partial or full payment and the User will have no further cause for a claim.
  18. In the event User discontinues using the service, upon written notice, Licensor will remove all identifiable data from our database that can be connected to User’s business.
  19. User agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from User’s business operations.
  20. This End User License Agreement is the entire agreement between Licensor and Licensee regarding this Service.
  21. This License Agreement is governed by the law of Minnesota applicable to Minnesota contracts. Agreed by on this date per electronic acceptance and use.