Terms of Use

MIZECPAs Terms of Use 

Effective Date: ________, 2024 

THE SOFTWARE APPLICATIONS MADE AVAILABLE TO YOU BY MIZECPAS, INC. AND ITS AFFILIATES (“MIZE”) THROUGH ITS WEBSITE(S) AND/OR MOBILE APPLICATIONS (“SITE”) ARE SUBJECT TO THE FOLLOWING TERMS OF USE (“TERMS”) AND MIZE’S PRIVACY POLICY (FOUND ON WWW.MIZECONNECT.COM).  BY ACCESSING OR USING THE SITE, SOFTWARE APPLICATIONS, AND/OR THE SERVICE(S) (COLLECTIVELY REFERRED TO AS “SOFTWARE”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE, SOFTWARE, OR SERVICE(S). IF YOU AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (“COMPANY”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND COMPANY TO THESE TERMS AND, IN SUCH EVENT, “YOU” OR “YOUR” WILL REFER AND APPLY TO YOU AS AN INDIVIDUAL AND TO COMPANY. IF YOU HAVE ENTERED INTO ANOTHER AGREEMENT WITH MIZE RELATED TO THE SOFTWARE, THEN THESE TERMS SHALL CONTROL WHERE ANY CONFLICT EXISTS. 

License. Subject to the terms and conditions of these Terms, Mize grants you a limited, non-exclusive, non-transferable, terminable right to access and operate the Software, solely for your own use and not as prohibited or restricted in these Terms. You may copy the Software only as strictly necessary to enable its use as licensed in these Terms, but you must faithfully reproduce such copy without modification, including retaining any proprietary notices. 

Limitations.  You agree that, except to the extent permitted by law not waivable by you, you will not, directly or indirectly, do or allow to be done any of the following with respect to the Software, its source code, or any information available through the Software: (i) sell, lease, assign, sublicense, or otherwise transfer; (ii) duplicate, reproduce, or copy; (iii) disclose, divulge, or otherwise make available to any third party; (iv) use, transmit, publicly display, publish, except as authorized by Mize in these Terms; or (v) modify, decompile, disassemble, create derivative works, or otherwise analyze or reverse engineering. You agree to notify Mize immediately of any unauthorized use or disclosure of any trade secrets or confidential information and to cooperate in remedying such unauthorized use or disclosure. 

Prohibited Uses. You may only use the Software for lawful purposes and in accordance with these Terms. You agree not to use the Software: 

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms, including materials that violate the personal or proprietary rights of others. 
• To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 
• To impersonate or attempt to impersonate Mize, a Mize employee, another user, or any other person or entity (including, without limitation, by using email addresses or account log-in information associated with any of the foregoing). 
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Software, or which, as determined by us, may harm the Mize or users of the Software, or expose them to liability. 

Additionally, you agree not to: 

• Use the Software in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Software, including their ability to engage in real time activities through the Software. 
• Use of any robot, spider, or other automatic device, process, or means to access the Software for any purpose, including monitoring or copying any of information or material available through the Software. 
• Use any device, software, or routine that interferes with the proper working of the Software. 
• Introduce any malicious software of code, including without limitation, viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Software, the server on which the Software is stored, or any server, computer, or database connected to the Software. 
• Attack the Software via a denial-of-service attack or a distributed denial-of-service attack. 

Intellectual Property. The Software and information available through the Software is the property of Mize or its licensors and is protected by copyright, trademark, patent, trade secret, international treaties, and other intellectual property laws. If you are ever held or deemed to be the owner of any intellectual property rights in the Software or any changes, modifications, or corrections to the Software, you hereby irrevocably assign to Mize all such rights, title, and interest.  

The Mize name, the Mize logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mize or its affiliates or licensors. The trademarks, service marks, trade names, trade dress, logos, designs, and/or any sounds associated with the Software are owned by Mize. You must not use such marks without the prior written permission of Mize.  

If you choose to provide feedback, such as suggestions to improve the Software, Mize may act on your feedback without obligation to you. 

Security, Privacy, and Confidentiality. Any communication to Mize through your account through the Software will be treated by Mize as a communication authorized by you. It is solely your responsibility to maintain the security and confidentiality of your account credentials and the information and services accessible through your account. You acknowledge and agree that you are responsible for: (i) the accuracy, integrity, and legality of any information you submit through the Software; and (ii) any action taken with respect to your account. You are not permitted to share or sell your account credentials to any third-party. If you suspect fraudulent or abusive activity relating to your account, or if your credentials have been lost, stolen, or compromised in any way, you agree to immediately (a) change your potentially compromised credentials, (b) notify Mize, and (c) notify Company (if you are using the Software on behalf of a Company).  

You agree that Mize may access your account and your information through your account and use your information to assist in configuration, provide ongoing support, and perform administrative functions, in addition to those rights of access and use in Privacy Policy.  Subject to the terms of the Privacy Policy, you acknowledge and agree that you, either directly or through Company, have consented to Mize’s collection and use of your information, and that Company is responsible for your data privacy in relation to your information. 

Third Party Services.  You understand that the Software may allow you to access, use, or subscribe to services (collectively, “Third-Party Services”) offered by third parties (“Third-Party Providers”). If you access, use, or subscribe to Third-Party Services by or through the Software, you consent to and authorize Mize to provide your information to the Third-Party Provider that the Third-Party Provider may request related to the Third-Party Services for so long as you may access, use, or subscribe to the Third-Party Services. You agree that (a) the Third-Party Services are not operated or controlled by Mize, (b) Mize is not responsible for and will have no liability concerning the Third-Party Services, (c) you will not assert any claim against Mize arising out of or related to the Third-Party Services, and (d) the Third-Party Services and the security, privacy, and confidentiality of your information provided to or collected by the Third-Party Provider is subject to the Third-Party Provider’s separate terms and conditions, and not these Terms. 

Content and Materials. You acknowledge that Mize is not rendering legal, advice in connection with the services and/or your use of the Software. Mize is not responsible for your compliance with, nor will Mize provide legal advice, with respect to applicable federal, state, or local and international laws, regulations, or ordinances (collectively “Laws”). You and Company are responsible for your compliance with all applicable Laws. 

Potential Disruption of Service. Access to the Software may from time to time be unavailable, delayed, limited, or slowed due to, among other things, hardware and/or software failures, errors, or bugs; acts of God, war, or terrorism; or acts of any governmental body. Mize disclaims any obligation that the Software will be available, and Mize will not be liable for any delay or failure to perform resulting from these or other causes outside of its control. 

Modification and Termination. Mize reserves the right to limit, suspend, or terminate your access to the Software, without notice, at any time for any reason or no reason. Mize reserves the right to change or discontinue, temporarily or permanently, the Software, and those products and services available on the Software, including but not limited to revising and/or deleting features or other information without prior notice. You agree that Mize will not be liable to you for any damages resulting from its modification, suspension, discontinuance, or deletion of the Software, any elements comprising the Software, or any products or services available on or through the Software.  

Disclaimer of Warranties.   

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THIS SOFTWARE (INCLUDING ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SOFTWARE) AND THIRD-PARTY SERVICES ARE AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” MIZE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH REGARD TO THE SOFTWARE (INCLUDING ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SOFTWARE) AND THIRD-PARTY SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OR AVAILABILITY. MIZE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECTS IN THE SOFTWARE, OR FOR THE INCOMPATIBILITY BETWEEN THE SOFTWARE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING SOFTWARE.   MIZE MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, OR ANY SERVICES OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM OR OTHER SERVICES, BE MAINTAINED OR SUPPORTED, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 

Limitation of Liability. You acknowledge and agree that MIZE IS NOT LIABLE FOR ANY LOSSES, CLAIMS, EXPENSES, DEMANDS, DAMAGES, OR LIABILITY ARISING OUT OF OR RESULTING FROM YOUR BREACH OR FAILURE TO COMPLY WITH THESE TERMS, INCLUDING ANY UNAUTHORIZED ACCESS TO, OR USE OF, THE SOFTWARE. YOU FURTHER UNDERSTAND AND AGREE THAT MIZE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, ANY RELATED COMPONENT OR SERVICES, ANY FAILURE OR DELAY IN DELIVERING SERVICES, OR ANY THIRD-PARTY SERVICES, EVEN IF MIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, MIZE’S MAXIMUM CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MIZE FOR THE LICENSE GRANTED TO SOFTWARE, LESS EXPENSES. 

Indemnification. You agree to indemnify, defend, and hold Mize and its affiliates, respective officers, directors, and employees harmless from any and all claims, costs, attorneys’ fees (including in-house counsel fees), and expenses resulting from or arising in connection with : (i) your misuse of, or inability to use, the Software; (ii) your violation of any of the Terms; (iii) your violation of any rights of another party, including any other user of the Software; or (iv) your violation of any applicable Laws.  

Amendments. Mize may modify any provision of these Terms by updating the link to these Terms on the login page for the Site. Your continued use of the Software after the effective date of the revised Terms constitutes acceptance of the Terms as amended. If you do not agree to the amendment, you must stop accessing or using the Software. No other amendment or modification of these Terms will be effective unless made in writing and signed by Mize’s authorized representative. 

Governing Law. These Terms are governed by the laws of the State of Kansas, excluding any conflict of law rule that would apply the laws of any jurisdiction other than Kansas.  

Disputes.  Any dispute arising out of or related to the Software, these Terms, or your relationship with Mize will heard exclusive in a court sitting in Topeka, Kansas, and such courts will have exclusive jurisdiction and venue for any such dispute. 

Assignment. These Terms and your rights and obligations under these Terms may not be assigned by you to any third party. Any such assignment will be null and void. 

Integration.  These Terms are the entire agreement and understanding between you and Mize related to the subject matter of these terms, and these Terms control over any prior or contemporaneous agreements or understandings (oral or written), course of dealing, or usage in trade.