1. SERVICES.
When you use a Cute Profit product or service, you establish a direct relationship with the Cute Profit brand, including each product and service in the Cute Profit family and the entities offering those services.
The Section B Terms include provisions applicable to your use of Cute Profit generally, as well as additional provisions for your use of specific products and services.
The Agreement governs your use of each of the following “Services,” as applicable:
1.1 Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2. SUBSCRIPTIONS AND USERS.
When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator”. Administrators may authorize additional users to access the Services through the same account, subject to limitations based on the subscription you purchase (such users, “Additional Users”). All Additional Users will be required to accept the Agreement before accessing the Services. Only Administrators may designate another individual as a replacement administrator and you are responsible for your Additional Users' access to the Services. Once an Administrator closes or terminates access to a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Section A Terms) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to your Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may not have the same level of access or rights as an Administrator. You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow Mine Softwares Limited to provide the Services.
Payment Terms.
Before setting up a Cute Profit account, a new user is required to pay setup fee and consiquent subscription fees.
Please note that these fees once paid are none refundable.
3. TRIAL VERSION AND BETA FEATURES.
If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a license to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Service during the trial period, if you decide not to purchase the license to the full version of the Service, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, Mine Softwares Limited may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Mine Softwares Limited is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
4. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that in order to provide you with access to and use of the Services, Mine Softwares Limited may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the "Current Administrator"), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Mine Softwares Limited to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
5. PERSONAL INFORMATION.
5.1 The terms "Controller," "Processor," "data subject," "personal data (also referred to as Personal Information in the Agreement)" and "processing" (and "process") shall have the meanings given in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).
5.2 Our Role.
5.2.1 For users accessing the Services from the European Economic Area (“EEA”), we are a Controller of the Personal Information you provide through the Services.
5.3 Personal Information. You represent and warrant to us that:
5.3.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement;
5.3.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
5.3.3 If there is any discrepancy between this Agreement and the Mine Softwares Limited Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that Mine Softwares Limited may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.4 Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data ("Account Content") with other Users, other Mine Softwares Limited customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Mine Softwares Limited, for information and guidance purposes only, and Mine Softwares Limited and such User are not responsible in any way for your use the Account Content.
5.5 Telephone numbers.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Mine Softwares Limited may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Mine Softwares Limited sending text messages containing security codes to your telephone number. You agree to receive these texts from Mine Softwares Limited containing security codes as part of the MFA process. In addition, you agree that Mine Softwares Limited may send automated text messages and pre- recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Mine Softwares Limited may use your telephone number to contact you about special offers or other Mine Softwares Limited or third party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Mine Softwares Limited (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
6. ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.
6.1. General. In connection with your use of the Services and as part of the functionality of certain versions of the Services, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your "FI Login Data") and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) ("FI Account Data"). The Services are designed to allow you to access and download your FI Account Data through the Services, to allow Mine Softwares Limited to access your financial institution account(s) using your FI Login Data, to allow Mine Softwares Limited to download and use your FI Account Data, and to allow Mine Softwares Limited to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, Mine Softwares Limited has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the Services with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
6.2. Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:
6.2.1 acknowledge that in accessing your financial institution account(s) through the Services, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by Mine Softwares Limited in the United States for the purpose of providing the Services;
6.2.2 authorize Mine Softwares Limited to (i) collect and store in encrypted form your FI Login Data, (ii) access the financial institution(s)’ websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the Services;
6.2.3 hereby represent that the financial institution(s)’ account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, Mine Softwares Limited as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
6.2.4 acknowledge that Mine Softwares Limited does not review your FI Account Data and agree that Mine Softwares Limited is not responsible for its completeness or accuracy;
6.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the Services and Mine Softwares Limited assumes no responsibility for any such transactions or activities; and
6.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Services by you or by Mine Softwares Limited.
6.3. Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institution(s) may not permit Mine Softwares Limited or other third parties to have access to FI Login Data or to allow the Services to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or Mine Softwares Limited, that may affect the overall performance of the Services and prevent or delay aggregation of data from such websites; and (iii) the Services refreshes your Services account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Mine Softwares Limited through the Services. If you see a discrepancy in your Services account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the Services, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the Services account data against your FI Account Data and manually update such data as necessary.
7. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
You may have the option for Mine Softwares Limited to transfer your data files from the Services in order to facilitate certain interoperability, data integration, and data access between the Services and certain supported ancillary services (the "Ancillary Services") you may sign up for and use in connection with the Services (the "Online Data Transfer"). In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Services, (ii) have Internet access, (iii) have an active subscription to the Services; and (iv) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Mine Softwares Limited’s servers; where you grant Mine Softwares Limited the right and license to (i) host and maintain your data, (ii) use and transfer your data to the Ancillary Services and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Services. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that Mine Softwares Limited send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize Mine Softwares Limited to transfer your data to and from the third party provider to enable provision of the Ancillary Services to you. Mine Softwares Limited will support and maintain the data transfer service as part of the Services. You agree that the third party provider may transfer your data from the Ancillary Service to Mine Softwares Limited, and that, Mine Softwares Limited may use such data subject to the terms of this Agreement. You agree and acknowledge that Mine Softwares Limited has no control over any third party provider or any third party Ancillary Services. Your use of the Ancillary Service is subject to additional third party terms and conditions. Please carefully review their terms and conditions, including privacy policy. If you do not agree with their terms and policies, you should not use or access the third party Ancillary Service and you should not authorize the Online Data Transfer to the third party Ancillary Service.
8. SERVICE USE, STORAGE AND ACCESS. Mine Softwares Limited shall have the right, in its sole discretion and with reasonable notice posted on an Mine Softwares Limited website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. Mine Softwares Limited reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. Mine Softwares Limited may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. Mine Softwares Limited will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
9. CANCELLATION. Upon cancellation you will be able to access the Services only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Services. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
10. Cute Profit INTERNATIONAL CERTIFICATION PROGRAM. “Cute Profit International Certification Program” offers access to “Learning Courses” and “Certification Exams” to improve Cute Profit proficiency. Learning Courses include interactive learning programs, including videos and learning curriculums. Certification Exams include Cute Profit knowledge assessments. The Cute Profit International Certification Program is for accountants, bookkeepers, and other individuals or entities that provide accounting and other financial services to their clients.
Cute Profit International Certification Program offers a “Cute Profit Certification Badge” and a “Cute Profit Certificate of Completion” to individuals who have demonstrated their proficiency in the topics covered by the Certification Exams by successfully completing the testing requirements. Successful completion of a Certification Exam means that you have passed an online, open-book exam administered by Mine Softwares Limited which covers various Cute Profit-related topics. Those that successfully complete a Certification Exam may be licensed to use the Cute Profit Certification Badge and the Cute Profit Certificate of Completion (“Certification Badge and Certificate”) as set forth by this Agreement and the Trademark Restrictions (see below).
10.1 Disclaimer of Relationship. Except as described in this Agreement, nothing in these Terms or otherwise with respect to your participation in any Services establishes any relationship between you and Mine Softwares Limited. You agree not to misrepresent your relationship with Mine Softwares Limited or your level of skill and knowledge related thereto.
10.2 Enrollment. The Cute Profit International Certification Program (“Program”) is open only to legal residents of the country supporting the applicable Program (the “Territory”). You certify that the information supplied to participate in the Services is true and correct. The information is for the express use of Mine Softwares Limited and the mere enrollment in the Services does not constitute certification or endorsement by Mine Softwares Limited. You understand that Mine Softwares Limited reserves the right to discontinue any enrollment and subsequent completion of the Services that do not meet the criteria for participation, and that such criteria shall be determined from time to time in Mine Softwares Limited’s sole discretion.
10.3 Testing Requirements.
10.3.1. Completion of a Certification Exam. Successful completion of a Certification Exam means that you have achieved the minimum required passing score for a Certification Exam, within the time period noted in this section, and comply with all other requirements in this Agreement or otherwise communicated to you by Mine Softwares Limited. You will be able to take the exam up to three (3) times during a thirty (30) day period. A grade of 80% or higher is considered passing the Certification Exam and Mine Softwares Limited reserves the right to immediately rescind and/or cancel any Certification Badge and Certificate at its sole discretion, including where completion of the testing requirements was done through unauthorized or unethical means. You acknowledge that Mine Softwares Limited has the right, in its sole discretion, to change at any time the requirements for obtaining or maintaining a Certification Badge and Certificate.
10.3.2 Learning Courses. You acknowledge that Mine Softwares Limited has the right, in its sole discretion, to change at any time the Learning Courses.
10.3.4 No Transfer. Your status and any license to use the Certification Badge and Certificate are personal to you and neither may be transferred nor assigned to any other person or entity.
10.3.5 Requirements and Restrictions. You agree (1) not to misrepresent your certification status or your level of skill and knowledge related thereto; (2) to provide support and services consistent with the Program; and (3) to use best efforts to resolve any complaints or disputes with your clients regarding your services in a fair and timely manner. You are required to comply with the following requirements and restrictions:
10.4 No Academic or Licensing Credit. Participation in or completion of the Learning Courses and Certification Exams do not confer any academic credit. Cute Profit International Certification is not a business degree or an accredited program, it does not satisfy continuing education requirements, federal or state regulations, or registration or licensing requirements. Mine Softwares Limited has no obligation to have the Services recognized by any educational institution or accreditation organization.
10.5 Protection of Interest
10.5.1 Acknowledgment of Rights. You acknowledge Mine Softwares Limited’s exclusive rights in all of its trademarks, trade names, logos (including, without limitation, the Cute Profit Certification Badge and Certificate) and service marks (“Mine Softwares Limited Marks”) and all goodwill associated therewith, and acknowledge that any and all plain-text uses of Mine Softwares Limited Marks by you inure solely to the benefit of Mine Softwares Limited. You shall not challenge Mine Softwares Limited’s exclusive rights in and to the Mine Softwares Limited Marks. You shall not do anything that might harm the reputation or goodwill of Mine Softwares Limited or any of the Mine Softwares Limited Marks. You shall not take action inconsistent with Mine Softwares Limited’s rights in the Mine Softwares Limited Marks. You shall not adopt, use, or register any corporate name, trade name, trademark, service mark, internet domain name, or other designation confusingly similar to the Mine Softwares Limited Marks or incorporating in any way any of the Mine Softwares Limited Marks. If at any time you attempt to acquire any rights in, or registration(s) or application(s) of any kind for, containing or corresponding to the Mine Softwares Limited Marks by operation of law or otherwise, you will immediately and at no expense to Mine Softwares Limited assign such rights, registrations, names or applications to Mine Softwares Limited, along with any and all associated goodwill.
10.5.2 Enforcement. In the event you become aware of any unauthorized use of the Mine Softwares Limited Marks by a third party, you should promptly notify Mine Softwares Limited in writing, and shall cooperate fully, at Mine Softwares Limited’s expense, in any enforcement of Mine Softwares Limited’s rights against such third party.
10.6 Conduct of Business. You agree (a) to conduct business and provide services in a manner which reflects favorably at all times on the products, services, goodwill and reputation of Mine Softwares Limited; (b) to conduct business and provide services in full compliance with all applicable laws and regulations; (c) to conduct business and provide services in full compliance with all agreements you may have with Mine Softwares Limited, including but not limited to the Mine Softwares Limited Services Terms of Services; (d) not to engage in illegal, deceptive, misleading or unethical practices; (e) not to make any statements, representations, warranties, or guarantees to customers that are inconsistent with the policies established by Mine Softwares Limited; (f) to provide support and services of the highest quality and integrity; and (g) to use best efforts to resolve any complaints or disputes with your clients regarding your services under the Program in a fair, ethical, and timely manner. You agree not to use or display any materials or content in your website in a manner that is, as determined by Mine Softwares Limited in its sole discretion, defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of Mine Softwares Limited, or the goodwill associated with Mine Softwares Limited. You further agree that you will use the Program and its benefits to assist and counsel small business clients on their use of Cute Profit products, and not for any other purpose. If Mine Softwares Limited determines in its sole discretion that you are using the Program for any unauthorized purpose, for a purpose that conflicts with the goals of the Program, or otherwise in violation of Program requirements, we reserve the right to terminate your account at our sole discretion.
10.7 License Grant and Limitations on License Grant.
10.7.1 License Grant. Subject to your obtaining and maintaining an Cute Profit Certification Badge and Certificate under the terms of this Agreement, and to your full compliance with this Agreement, Mine Softwares Limited hereby grants and you accept a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use the Certification Badge and Certificate in the Territory, only as set forth in this Agreement, which may be modified from time to time at Mine Softwares Limited’s sole discretion without notice. No other right, title, or license is granted hereunder, either by implication, estoppel, or otherwise.
10.7.2 Limitations on License to Use the Certification Badge and Certificate. The Certification Badge and Certificate may not be used for any other purpose or in any manner other than as described in the Trademark Restrictions in this Agreement. In addition, if at any time Mine Softwares Limited requests that you discontinue using the Certification Badge and Certificate and/or substitute a new or different badge of completion, you will immediately cease use of the discontinued Certification Badge and Certificate and cooperate fully with Mine Softwares Limited to ensure that all legal obligations have been met with regard to ceasing use of the Certification Badge and Certificate.
10.7.3 NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, Mine Softwares Limited HAS THE RIGHT TO REVOKE, NOT TO GRANT, OR NOT TO RENEW YOUR STATUS AND/OR YOUR LICENSE TO USE THE CERTIFICATION BADGE AND CERTIFICATE IF Mine Softwares Limited DETERMINES IN ITS SOLE DISCRETION THAT YOUR USE MAY ADVERSELY AFFECT Mine Softwares Limited IN ANY WAY.
10.7.4 Term. Rights and obligations shall commence on the date you successfully complete a Certification Exam and obtain an Certification Badge and Certificate directly from Mine Softwares Limited and will terminate upon your loss or termination of Certificate Badge and Certificate status or upon termination of the Services.
10.7.5 Termination by Mine Softwares Limited. Without prejudice to any rights it may have under this Agreement or in law, equity, or otherwise, Mine Softwares Limited may terminate a Certification Badge and Certificate under this Agreement immediately upon the occurrence of any one or more of the following events, at Mine Softwares Limited’s sole discretion:
10.8 Trademark Usage Restrictions. All approved uses of the Certification Badge and Certificate must conform to the following usage restrictions (“Trademark Restrictions”):
10.8.2 Approved Usage. Licensee(s) who are granted a limited license to use the Certification Badge and Certificate may use it solely for the purposes of notifying clients or prospective employers of the Licensee(s) successful completion of a Certification Exam. No other use is permitted. Users who have passed a Certification Exam, have obtained an active Certification Badge and Certificate which are active and in good standing may use the Certification Badge and Certificate for the Approved Purpose only in the following instances: Professional profiles, websites, or resumes solely to indicate the completion of the Certification Exam. All such Approved Materials must separately contain your own name in a size that must be at least as large as theCertification Badge and Certificate.
10.8.3 Expiration. Once a Certification Badge and Certificate has expired you must remove the Certification Badge and Certificate from any and all materials. An Certification Badge and Certificate expires one (1) year from issuance, unless you take and successfully complete the Certification Exam again.
10.8.4 No Use in Direct Business Source Identifiers. The Mine Softwares Limited, Cute Profit, Cute Profit ProAdvisor, QB, or other similar marks or logos, including but not limited to “Quick”, “Intui”, “Mine Softwares Limitedive”, “Mine Softwares Limitedion”, “intu”, “tuit”, “tui”, “Turbo” or “Mint” (or phonetic equivalents) cannot be used in your company name, product/service name or in your direct business source identifiers such as stationery, business cards, company signs, domain names, or company website titles. These identifiers indicate the name of your business and, thus, the source of its products or services. In order to avoid any possible confusion with regard to the source of Mine Softwares Limited’s products/services, versus your or another party’s products/services, use of Mine Softwares Limited’s trademarks in these source identifiers is prohibited.
10.8.5 No Use of Mine Softwares Limited Company Trade Name, Trademark, or Company Logo. No person or company except Mine Softwares Limited may use the Mine Softwares Limited company name, trademark, or company logo. The only use of the company name that is permitted is the plain-text listing of the ownership legend for Mine Softwares Limited’s trademarks, as shown in 10.8.6 below.
10.8.6 Appropriate Ownership Legends Must Be Used. The appropriate ownership “legend” must be displayed at least once in any materials where the Certification Badge or Certificate appears. Such legend should generally read as follows: “Cute Profit and the Cute Profit Certification Badge are trademarks and/or service marks of Mine Softwares Limited Inc., used with permission.”
10.8.7 Design Requirements. When reproducing the Certification Badge or Certificate, the only modification that is allowed is to resize the Certification Badge or Certificate design in exact proportion to its original height and width. No re-sampling or other attempted duplication is allowed and no alteration, modification, cropping, or addition is permitted. The Certification Badge or Certificate as supplied by Mine Softwares Limited cannot be “violated” or touched by any other text or graphics in any way, and there must be a border of space of at least fifteen percent (15%) of the total height of the Certification Badge or Certificate surrounding it on all sides in every instance where it appears. The proportion of the Certification Badge or Certificate should remain consistent. Stretching, condensing, distorting or otherwise altering the is prohibited. The Certification Badge or Certificate may not be placed on backgrounds with insufficient contrast, photos or illustrations, strong patterns, or texture
10.8.7 Right to Inspect. Mine Softwares Limited shall have the right to inspect your provision of support and services under this Agreement, your business premises, and all signage, advertisements, promotional material, and documentation in order to ensure your full compliance with the terms and conditions of this Agreement. You shall cooperate fully and shall promptly provide Mine Softwares Limited access to all reasonably requested materials and to such portions of your business premises reasonably necessary to permit Mine Softwares Limited to exercise its right to inspect.
10.9 Program Term. The Program shall commence on enrollment and will continue, until and unless terminated as set forth in this Agreement (“Term”).
10.9.1 Default and Termination. Mine Softwares Limited or you may terminate your enrollment in the Program at any time, with or without cause, by written notice to the other not less than THIRTY (30) DAYS before the effective date of such termination notice. Mine Softwares Limited may terminate your enrollment in the Program for cause effective immediately and without notice in the event that: (i) Mine Softwares Limited determines in its sole discretion that you have behaved unprofessionally or otherwise unacceptably towards any Mine Softwares Limited employees, contractors, or sales, customer service, or technical support agents; (ii) Mine Softwares Limited has received negative feedback about you; (iii) you fail to perform any of your obligations under this Agreement or is otherwise in default hereunder and such failure or default remains unremedied for FIFTEEN (15) DAYS after written notice thereof; (iv) Mine Softwares Limited, in its sole discretion, determines that you do not meet the criteria for enrollment in the Program, or any other requirements, as determined by Mine Softwares Limited from time to time; (v) you commit a felony; (vi) Mine Softwares Limited has reason to believe you have engaged in an unlawful business practice; or (vii) you engage in any conduct or proposed conduct that exposes or threatens to expose Mine Softwares Limited to any liability or obligation, including any obligation under federal, state or local law. or (viii) your employment with Mine Softwares Limited has been terminated as a result of an investigation for violating Mine Softwares Limited’s policies
10.9.2 Effect of Termination. Upon expiration or termination, regardless of the reason thereto: (a) all privileges and benefits of the Program will be immediately revoked; (b) you shall immediately cease use of the name “Cute Profit Certified” and any other permitted uses of trademarks, names or terms provided to you under this Agreement. You shall also discontinue representing in all instances and locations (e.g., on materials, website, etc.) that you are enrolled in the Program; (c) you shall promptly return to Mine Softwares Limited all Mine Softwares Limited confidential information or certify in writing that it has destroyed such information; (d) all rights and licenses granted under this Agreement (including without limitation the license to use the Certification Badge and Certificate) will immediately and automatically terminate; and (e) you shall immediately cease use of the Certified Badge Certificate and shall discontinue representing that you are Cute Profit Certified or make any other unauthorized statement regarding such status.
11. SOCIAL MEDIA SITES. Mine Softwares Limited may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
12. THIRD PARTY PRODUCTS AND SERVICES. Mine Softwares Limited may tell you about third party products or services, including via the Service. Mine Softwares Limited may offer products and services on behalf of third parties who are not affiliated with Mine Softwares Limited ("Third Party Products") and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Mine Softwares Limited is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Mine Softwares Limited in any way. You agree that the third parties, and not Mine Softwares Limited, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Mine Softwares Limited will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of Mine Softwares Limited or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
Track your Income & Expenses per project, Inventory, Sales, Payments, Supplier & Customer balances on the go.
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