Grant of Authorization: By installing, connecting, or authorizing the “UPbook Value Tracker” application to access Intuit QuickBooks Platform account, Customer agrees to the terms of this Data Access Authorization Clause. Customer hereby grants Business Growth Elite Inc, DBA “UPbook” (“Company”) a non-exclusive, revocable, limited authorization to access the Customer’s Intuit QuickBooks Platform software data (“Customer Data”) through a third-party Application Programming Interface (API) provided by Intuit QuickBooks Platform (“Intuit API”) solely for the purpose of providing data analysis and marketing services (“Services”). This authorization is granted solely to facilitate the provision of Services by the Company to the Customer under the terms and conditions of this Agreement.

Definition of Practices / Locations: The authorization to access Customer Data shall apply exclusively to the practices/locations associated with the Customer.

Scope of Data Access: The authorization for data access expressly covers the read and where explicitly necessary for the provision of Services, write access to the Customer Data including, but not limited to, customer information, transactional data, and any other data hosted within the Customer’s Intuit QuickBooks Platform as facilitated through the Intuit API. The authorization for data access as outlined herein is limited solely to the Customer Data pertaining to the practices/locations defined in this Data Access Authorization Clause. The Company agrees to access only the minimum amount of Customer Data necessary to effectively provide the Services.

Data Security and Protection: The Company shall implement and maintain reasonable security procedures and practices appropriate to the nature of the Customer Data being accessed, to protect the Customer Data from unauthorized access, destruction, use, modification, or disclosure. The Company agrees to comply with all applicable laws, regulations, and best practices concerning data protection and privacy.

Use of Data: The Company shall use the Customer Data accessed through the Intuit API exclusively for the purpose of delivering the Services as outlined in this Agreement and not for any other purpose without the express written consent of the Customer.

Third-Party API Compliance: The Company acknowledges that access to the Customer Data via the Intuit API is subject to the terms of service, policies, and guidelines set forth by Intuit Inc. The Company agrees to comply with all such terms and conditions as may be required by Intuit Inc. for the use of its API.

Revocation of Authorization: The Customer reserves the right to revoke this authorization at any time upon written notice to the Company or by disconnecting “UPbook Value Tracker” application on the Customer Intuit QuickBooks Platform account. Upon receipt of such notice or application disconnect, the Company agrees to immediately cease accessing the Customer’s Intuit QuickBooks Platform and to delete any and all Customer Data in its possession or under its control, unless otherwise required by law.

Limitation of Liability: IN NO EVENT SHALL BUSINESS GROWTH ELITE INC, DBA “UPBOOK” (“COMPANY”), ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE CUSTOMER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE COMPANY’S ACCESS TO, OR USE OF, THE CUSTOMER’S PRACTICE INFORMATION MANAGEMENT SYSTEM (PIMS) SYSTEM DATA OR OTHERWISE ARISING FROM THE PROVISION OF SERVICES UNDER THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO THE CUSTOMER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE CUSTOMER TO THE COMPANY FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

This Data Access Authorization Clause forms an integral part of the agreement between the Customer (defined as any entity using the Services) and the Company and shall be governed by and construed in accordance with the laws of the jurisdiction in which the Customer is located, without giving effect to any choice or conflict of law provision or rule.