Privacy and Security:
Connected Bank Accounts Terms of Service
Last Updated: June 3, 2020
The Connected Bank Accounts Service is a “Service”, your use of which is subject to the Terms of Service (the “Terms”). In addition, these Connected Bank Accounts Terms of Service (the “Connected Bank Accounts Terms”) apply specifically to the Connected Bank Accounts Service and your use of them.
Please read the Terms and the Connected Bank Accounts Terms carefully before using the Connected Bank Accounts Service. By accessing or using the Connected Bank Accounts Service, you agree to be legally bound by the Terms and the Connected Bank Account Terms. If you do not agree with the Terms and the Connected Bank Accounts Terms in their entirety, you may not use the Connected Bank Accounts Service.
FreshBooks reserves the right to change or modify any of the terms and conditions contained in the Connected Bank Accounts Terms at any time and in its sole discretion, as described in the Terms.
All terms that are defined in the Terms bear the same meaning in these Connected Bank Accounts Terms. If there is any inconsistency or conflict between the Terms and the Connected Bank Accounts Terms, the Connected Bank Accounts Terms apply.
1. Third Party
Although it is made available through the Site, the Connected Accounts Service is provided by a third party service provider (the “Third Party”). The Third Party requires the information that you provide when you connect accounts through the Connected Accounts Service, including the details of the financial institutions that you deal with and your financial user id’s and passwords, in order to provide the Connected Accounts Service. By providing the requested information and connecting an account, you consent to the disclosure of such information to the Third Party and the use of such information by the Third Party as necessary to provide the Connected Accounts Service.
You agree to follow the Third Party’s standard operating procedures, including without limitation security procedures, with respect to your use of the Connected Bank Accounts Service.
Salt Edge Additional Terms:
Subject to our privacy procedures as described in the Privacy Policy, the Company may work with one or more third-party financial service technology providers to access and retrieve your Account Information. Specifically, for institutions that require compliance with PSD2 regulations, the Company partners with Salt Edge Limited. By using the Service, you indicate that you have read and agree with the Salt Edge Terms of Service and Privacy Policy.
Plaid Additional Terms:
FreshBooks provides you with regulated account information services as an agent of Plaid Financial Ltd., an account information service provider registered with the Financial Conduct Authority (Firm Registration Number: 804718). More details can be found in their Privacy Policy.
2. Restrictions on Use
You agree not to: (a) use the Connected Accounts Service outside of Canada or the United States; (b) transfer or otherwise sublicense the right to use the Connected Bank Accounts Service; (c) attempt to copy or otherwise reproduce the Connected Bank Accounts Service or its associated user interfaces or software; (d) attempt to access, decompile, reverse engineer or otherwise derive the source code for the Connected Bank Accounts Service or its associated user interfaces or software; (e) resell or use the Connected Bank Accounts Service for the benefit of any entity other than the Subscriber on whose behalf you access the Connected Bank Accounts Service; or (f) alter, remove or fail to include any copyright notice or other proprietary rights notices that appear on any user interfaces related to the Connected Bank Accounts Service.
3. Warranty Disclaimer
You agree that the Third Party, as provider of the Connected Bank Accounts Service, is entitled to the same warranty disclaimers as those to which FreshBooks is entitled under the Terms and the Connected Bank Accounts Terms. All implied warranties, including without limitation for merchantability and fitness for a particular purpose, are excluded.
4. Limitation of Liability
You also agree that the Third Party, as provider of the Connected Bank Accounts Service, is entitled to the same liability restrictions and limitations as those to which FreshBooks is entitled under the Terms and the Connected Bank Accounts Terms. Neither FreshBooks nor the Third Party shall be liable for any direct, special, indirect, consequential, incidental, punitive, exemplary or tort damages, or for any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Connected Bank Accounts Service, including without limitation and damages caused by or resulting from your reliance on the Connected Bank Accounts Service or that result from mistakes, errors, omission, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to FreshBooks’ or the Third Party’s records, programs or services.
In no event shall the aggregate liability of Freshbooks and the Third Party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Connected Bank Accounts Service exceed any compensation paid by your for access to or use of the Connected Bank Accounts Service during the three months prior to the date of any claim.
5. Threatening Conditions
If the Third Party reasonably believes that the Connected Bank Accounts Service, or your conduct or that of any User in using the Connected Bank Accounts Service (including without limitation a User intentionally initiating fraudulent or unauthorized access or payments, or violating any agreement under which it has been provided access to the Connected Bank Accounts Service), violates any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to the Third Party, or to any of the systems, security, equipment, processes, intellectual property or reputation of FreshBooks, the Third Party, or the Third Party’s customers (a “Threatening Condition”), the Third Party will provide FreshBooks with notice of the Threatening Condition, and FreshBooks and the Third Party will use reasonable efforts to cure or cause the correction of the Threatening Condition. If, in the reasonable and good faith determination of the Third Party, an imminent or actual Threatening Condition exists, the Third Party may suspend any and all use of the Connected Bank Accounts Service or the applicable portion thereof until such Threatening Condition is cured. The Third Party may terminate your use of the Connected Bank Accounts Service without further requirement of notice if the Threatening Condition remains uncured more than thirty (30) calendar days after the Third Party notifies FreshBooks of the Threatening Condition.