Please read this agreement before installing or using Accounting Program (the "Software"). It is an agreement between you and Jeremy Hillier Consulting Inc ("we", "us"). By installing or using the Software you accept it. If you do not accept it, do not install or use the Software.
The main points
Please read these points before you install. The full terms below apply, and where they differ these points are only a summary.
The Software is a beta. It may contain errors that could damage or lose your data, and it is provided "as is" (see section 2 and section 10).
Your company files are stored only on your computer. We cannot see them and cannot recover them, so you need to keep your own backups (see section 5).
The Software is not accounting, tax, legal or financial advice. Check its figures before you rely on them (see section 6).
Our liability is nil. Neither we nor Jeremy Hillier personally are liable for lost data, lost profits or any other loss, and our total liability is CAD $0, whether or not you have paid (see section 11).
Nothing in this agreement limits any consumer-protection rights that the law does not allow to be waived (see section 11).
1. Your licence
The Software is licensed, not sold. Subject to this agreement, we grant you a personal, non-exclusive, non-transferable licence to install and use the Software.
One licence is for one person. That person may install and use the Software on any number of computers that they personally use, and may use it to keep the books of the businesses they own or keep accounts for. Each additional person who uses the Software needs a licence of their own.
If you use the Software on behalf of a business or other organisation, you confirm that you are authorised to accept this agreement for it, and "you" includes that organisation.
2. Beta versions
The Software is currently offered as a beta: an early version released for testing and feedback. A beta may contain errors, may change or remove features from one version to the next, and may be less reliable than a finished product. Keep backups of your data while you use it.
Beta versions are free of charge. When the beta ends, later versions of the Software may require a paid licence. We will announce this on our download page before it happens. Ending the beta does not stop a version you have already installed from working, and your data remains yours.
If you would like others to try the Software, please send them to our download page rather than passing on the installer, so that each person receives the current version and this agreement.
If you send us feedback, suggestions or ideas about the Software, you allow us to use them freely, without payment or any other obligation to you.
3. What you may not do
You may not:
- (a) sell, rent, lease, lend, sublicense or redistribute the Software, or make it available to others as a hosted or shared service;
- (b) share your licence with another person, or transfer it without our written consent;
- (c) reverse engineer, decompile or disassemble the Software, except to the extent that the law expressly allows this despite this restriction;
- (d) remove or alter any copyright, trademark or other ownership notice in the Software; or
- (e) use the Software in any way that breaks the law.
4. Ownership
The Software, including its code, design, text and graphics, belongs to Jeremy Hillier Consulting Inc and is protected by copyright and other laws. This agreement gives you a right to use the Software and nothing more. All rights not expressly granted are reserved.
5. Your data
Your general ledger, customers, vendors, invoices, bills, bank statements, fixed assets, time entries, reports and settings are stored in company files on your own computer, in a location you choose. Bank and card files you import, and the spreadsheets and database files it reads and the spreadsheets and reports it writes, are handled on your computer and are not sent anywhere. We do not receive, store or have access to any of it. It remains yours.
Because your data is held only by you, you are responsible for keeping it safe, including keeping backups. Data can be lost through a fault in the Software, a failure of your computer or storage, deleting or changing files, moving or synchronising folders, or any other cause. We are not responsible for that loss. The Software includes backup features to help with this, but we cannot recover data that is lost from your computer, and the Software must not be the only copy of important information.
The Software does not contact the internet on its own. The links on its About screen open your web browser or email program only when you choose them.
The Privacy Note supplied with the Software explains this in more detail.
6. Not professional advice
The Software is a record-keeping tool. Its balances, statements, tax figures and reports are worked out from the entries you and your imported files give it, and are only as accurate as those entries.
The Software does not give accounting, tax, legal, financial or investment advice. Figures it produces for a tax return or a financial statement are a starting point to be checked. Always check important figures against your source documents, and consult a qualified professional before filing a return or making financial decisions.
7. Updates
We may release updates to the Software from time to time, but we are not obliged to. Updates are never installed without your action. This agreement applies to any update unless the update comes with its own terms.
8. Third-party components
The Software includes components from third parties that are provided under their own licences, including QuestPDF (Community License), SQLite with Microsoft.Data.Sqlite, and the Microsoft .NET runtime. Those licences govern the components they apply to. They are acknowledged on the About screen.
9. Support
We may provide support at our discretion. You can reach us at support@hillierconsulting.ca. The Support link on the About screen prepares an email to that address; nothing is sent until you choose to send it.
10. No warranty
To the fullest extent the law allows, the Software is provided "as is" and "as available", without warranties or conditions of any kind, whether express, implied or statutory. This includes any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and that the Software will be uninterrupted, accurate or free of errors.
As a beta, the Software may contain errors that cause data loss or other problems. You use it at your own risk, and you should keep up-to-date backups.
You are responsible for deciding whether the Software is suitable for your purposes, and for checking its figures before relying on them.
11. Limit of liability
To the fullest extent the law allows, neither we, nor Jeremy Hillier personally, nor our owners, directors, officers, employees or contractors, will be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of data, profits, revenue, savings, business or goodwill, or for any penalty, interest, assessment or other financial loss arising from a filing, a payment or a decision made using the Software, arising from or related to the Software or this agreement, however caused and even if we have been told that such loss is possible.
The total liability of Jeremy Hillier Consulting Inc, of Jeremy Hillier personally, and of everyone acting for either of them, for all claims arising from or related to the Software or this agreement is nil: zero Canadian dollars (CAD $0), whether or not you have paid for a licence and however the claim is made.
Some jurisdictions do not allow certain warranties to be excluded or certain liabilities to be limited. Nothing in this agreement takes away rights that you have under consumer-protection or other laws that cannot be waived by agreement. In those cases, the exclusions and limits above apply only as far as the law permits.
12. Ending this agreement
This agreement lasts until it is ended. You may end it at any time by uninstalling the Software and destroying all copies. It ends automatically if you do not comply with it. When it ends you must stop using the Software and remove all copies. Your own company files remain yours. Sections 4, 5, 6, 10, 11, 13 and 14, and the last paragraph of section 2 (feedback), continue to apply after it ends.
13. Governing law
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to rules on conflict of laws. The courts of Ontario have jurisdiction over any dispute arising from it, except where the law of the place you live gives you the right to bring a claim in your local courts.
14. General
This agreement, together with the Privacy Note, is the whole agreement between you and us about the Software and replaces any earlier understanding about it. If any part of it is found to be unenforceable, the rest continues to apply. If we do not enforce a right, that is not a waiver of it. We may update this agreement for future versions of the Software; the version supplied with the copy you install is the one that applies to that copy.
15. Contact
Jeremy Hillier Consulting Inc
Support and problem reports: support@hillierconsulting.ca
General questions and information requests: info@hillierconsulting.ca
Web: https://hillierconsulting.ca