Practice Management Software Built for
Canadian Accountants

1. Contractual terms

The following conditions apply to all contracts between the customer and Fusion Workflow Inc.. Customers are all users who accept a service from Fusion Workflow Inc. against payment or free of charge. The application of these General Terms and Conditions applies to all present and future services of Fusion Workflow Inc..

2. Written form

Deviations from the following conditions must be stipulated in writing..

3. Services from Fusion Workflow Inc.

Fusion Workflow Inc. provides customers with a digital infrastructure for uploading and sending data through secure links which can be sent by email or other means. Fusion Workflow Inc. also provides encrypted file storage where customers and their invited clients can upload and download files that are stored in encrypted form in our cloud accounts through partner companies (Microsoft Azure).

3a) The use of Fusion Workflow Inc.’s services is either free of charge or through subscription fees. A data volume of 5 Gigabyte (GB) is available to each 'User' the customer subscribes for.

3b) Fusion Workflow Inc. commits itself to transmit data via an encrypted connection.

3c) Fusion Workflow Inc. confirms the successful download through a recipient to the customer through our user interface 'Status' information field and by an optional email the customer can enable. Fusion Workflow Inc. makes the data available indefinitely and the data is stored permanently on our system until such time as the customer specifically deletes the data, or the customer's account is closed.

3d) The customer may optionally set an expiry time (in days) in which the recipient will no longer be able to access the data the customer has sent. The customer may access the data indefinitely even after the secure link has expired for the recipient until such time as they either delete the data themselves, or the account is closed.

3e) The maximum number of uploads for each secure link is unlimited for recipients within the time period that might have been specified by the customer to 'expire' the secure sharing.

4. You have read and accepted the following

By accepting the Fusion Workflow Inc. terms of use, you agree to the Canada Personal Information Protection and Electronic Documents Act (PIPEDA). If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily and without obligation on the part of the user. The use and payment of all offered services are permitted - if technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use by third parties of contact data such as postal addresses, telephone and fax numbers and e-mail addresses published as part of a registration or comparable information for the purpose of sending information that has not been expressly requested is not permitted. Fusion Workflow Inc. expressly reserves the right to take legal action against senders of so-called spam mails who violate this prohibition.

5. Services and support

With Fusion Workflow Inc.'s paid subscription services, you have various functions at your disposal. You are free to transfer an unlimited number of files; the maximum storage capacity is limited to 5GB for the each User paid for in the subscription. Additional storage can be purchased via the user area (optional). All data can be irrevocably deleted via the user account, the deletion of the data is carried out in real time on the security servers of Fusion Workflow Inc. and cannot be undone.

All customers are prohibited from carrying out illegal or punishable actions. The following data is (not exclusively) excluded from the upload:

Files to which third party rights exist and whose copyrights are violated by the upload and download

• - Child pornographic content
• - Files glorifying violence and racism
• - Instructions on criminal offences
• - Ponzi schemes
• - Junk mails
• - Spam
• - Viruses
• - Trojans
• - Malware
• - Chain letters
• - Phishing mails
• - Hacking

Fusion Workflow Inc. is authorized to block the use of Fusion Workflow Inc. as a free, or subscriber member without prior notice and to delete the related data. Fusion Workflow Inc. expressly reserves the right to take legal action against customers who violate these guidelines and to claim the damages incurred.

6. Paid Subscription Accounts

In order to take advantage of our Paid Subscription Packages, you must register with your email address and personal information on the website of Fusion Workflow or www.fusionworkflow.com or through an authorized sales representative by email or over the phone.

The Paid Subscription Packages differ in scope of their functions. As a customer, you decide on a package and the number of users and are then guided through the payment process. You agree to provide complete and accurate payment and contact information.

7. Subscription to Paid Subscription Packages

As a customer, you can choose between a monthly or annual payment plan. In Canada, billing is processed in Canadian dollars (CAD), and in all other countries in US$. Fusion Workflow Inc. will charge, remitt and pay all required taxes required by law in Canada. The customer is responsible for paying all other applicable taxes. Fusion Workflow Inc. will only levy taxes if required to do so by law. If the customer is exempt from paying taxes by law, the customer must prove this to Trilobyte Solutions Inc. by an official tax certificate or otherwise.

7a. Means of payment and security: When processing online payments, we attach great importance to SECURITY and DATA PROTECTION. We therefore work together with Keap (formerly InfusionSoft) and Stripe, one of the leading payment service providers. As a paid subscription customer, you can choose from the following means of payment: Visa, Mastercard and AMEX. Billing is based on the desired subscription plan (monthly / yearly) of the respective package. The package extends monthly and annually, until revoked by cancellation or deletion of the account.

7b. Account deletion: To delete a member account, it is possible to send a message via email. After a security verification, the member receives an e-mail from support, where the deletion of the account must be confirmed. All data and existing memberships will be deleted from this time onwards.

7c. Account cancellation: In order to cancel a membership from a account, it is possible to cancel the contract with Fusion Workflow Inc. via email. The cancellation automatically takes effect at the end of the booked term. Both parties, Fusion Workflow Inc. and the customer, are entitled to terminate the contract if the other party violates an essential contractual obligation of these GTC and does not remedy / refrain from the breach of duty despite setting a deadline within 30 days from receipt of a written notification.

8. Data management

As part of a paid subscription membership, you will receive an overview of all transferred data. Depending on your membership status, we offer you an overview of the following options in your online login user interface.

The Paid Subscription Packages differ in scope of their functions. As a customer, you decide on a package and the number of users and are then guided through the payment process. You agree to provide complete and accurate payment and contact information.

Important - These options are only available to you if you have made a data transfer via your logged in member account:

• - Date of data transfer
• - Display receiver
• - Message text
• - Unlimited download
• - Download link
• - Resubmission
• - Expiration date of data
• - File search
• - Display of storage
• - Management of files/folders
• - Reservation of ownership - Fusion Workflow Inc. does not claim ownership of the transmitted data or knowledge of content.

Limited authorization - The customer grants Fusion Workflow Inc. the limited rights exclusively to the extent necessary for the provision of selected paid subscription services (e.g. for hosting stored data). This permission is transferable to our partner companies and to third party vendors working with Fusion Workflow Inc. to provide the service. By using our service, you agree that Fusion Workflow Inc. cannot be held responsible for any failure to provide the services in question, loss of data or damage to information or the contents of a file. Fusion Workflow Inc. strongly recommends each customer to backup data on another server, hard disk or storage device.

9. Registration and chargeable use

There is a registration possibility to increase or remove the limitation of data volume.

9a. Registration is carried out by entering the e-mail address and choosing a password. The password must be at least eight digits in length.

10. Warranty of the customer

The customer bears full responsibility for the content of the data.

10a. The following data (non-exclusively) are excluded from the upload:

• 1. Files to which third party rights exist and whose copyrights are infringed by the upload and download
• 2. Child pornography
• 3. Files glorifying violence and racism
• 4. Instructions on criminal offences

11. Warranty, fiduciary duty and trade secret

Fusion Workflow Inc. guarantees to the customer that all data transmitted by and through Fusion Workflow Inc. will be treated carefully and conscientiously. Data necessary for registration will not be passed on to third parties by Fusion Workflow Inc.

12. Disclaimer

Fusion Workflow Inc. assumes no liability for the accuracy, copyright or legality of the data to be transmitted. The list is not exhaustive. Fusion Workflow Inc. does not assume liability for a wrong transfer or a transfer not carried out.

13. Server infrastructure / uptime

Fusion Workflow Inc. assumes no liability for the accuracy, copyright or legality of the data to be transmitted. The list is not exhaustive. Fusion Workflow Inc. does not assume liability for a wrong transfer or a transfer not carried out.

14. Advertising on Fusion Workflow Inc.

Advertising partners have the possibility to place advertisements with Fusion Workflow Inc.. The following options are available when booking an advertising campaign.

• - Number of advertisements displayed (day, week, month)
• - Duration of the advertising insert
• - Link to the website
• - Specification of an advertising text
• - Targeted marketing by country

14a. Advertising partners have access to a statistics area where the following information can be viewed:

• - Click statistics
• - Number of advertising inserts
• - Duration of the campaign
• - Status query
• - Anonymous Editing user data

15. Violation of the General Terms and Conditions

If the customer disregards these GTC, Fusion Workflow Inc. is entitled to block the use of Fusion Workflow Inc. without prior notification and to delete the associated data.

15a) By clicking on the download button and activating the download of the data to the personal computer, the recipient of the data confirms that he has read Fusion Workflow Inc.'s General Terms and Conditions and Data Protection Guidelines. The Fusion Workflow Inc. may inform the recipients about deceptive e-mails, system changes and new functions directly by email.

15b) Fusion Workflow Inc. expressly reserves the right to take legal action against customers who violate these General Terms and Conditions and to assert the damage incurred.

16. Severability clause

Should individual provisions of this agreement be ineffective or incomplete or should fulfillment become impossible, this shall not affect the effectiveness of the remaining parts of the agreement. In this case, Fusion Workflow Inc. and the customer undertake to replace the invalid provision immediately with a valid provision that comes closest to the original intention.

17. Applicable law and place of jurisdiction

The contractual relations between the parties shall be governed exclusively by Canadian substantive law. For all disputes arising in connection with this contract, the ordinary courts at Fusion Workflow Inc. (Canada) have jurisdiction. For the sake of simplicity, only the masculine form is used. General Terms and Conditions of Fusion Workflow Inc. customer for a pleasant and transparent business relationship, please see our terms and conditions for the use of Paid Subscription Accounts and free accounts. These General Terms and Conditions serve as a legally binding document between Trilobyte Solutions Inc. and the paid subscription customer, or a free account and we advise you to read the guidelines in connection with our General Terms and Conditions carefully.

18. User area

Fusion Workflow Inc. allows every registered customer with the status Free, and subscription account to view the account settings. Depending on the member status, the options visible in the user account can be activated or inactive.

18a. Account password protection

After registration we recommend our customers to change the password in their account. For your own security, please use a password consisting of numbers, letters and special characters. The password of your member account should contain at least 8 digits.

Fusion Workflow Inc. has no access to the passwords of the members. If you have forgotten your password, you can request a new password by entering your e-mail address on the login page. If you have any further questions, please contact our team at or read our FAQ.

19. Contact list

Recipients are automatically saved in the contact list during the transfer and can be edited by members with the status Free and Subscription. Saved recipients are assigned during repeated dispatch in the interface of a Free and Subscription Member. Fusion Workflow Inc. will treat all data strictly confidential and is not authorized to share contact data with third parties or to use it for advertising purposes.

20. Personalized distribution

Optimize your account with your own logo, personal login URL and give your emails an attractive layout with recognition value. With the subscription account status, the following options are available to you:

20a. Fusion Workflow Inc. Customized Login URL: Define your login URL, and allow your free invited clients to login through your own customized login page with your logo visible. Please note that after entering the URL no subsequent changes are possible.

20b. E-Mail Logo: Your logo / graphic can optionally be displayed as part of the secure landing that your recipients access in order to see the secured content you have sent them. For an optimal presentation please make sure that the images are uploaded in .png or .gif format (transparent background).

20c. Title of your company: The title appears in the upper left hand corner of your web based account when you expand the side menu.

20d. You have read and accepted the following: When using the Fusion Workflow Inc. account, it is prohibited to use URLs, titles, logos or image data to which third party rights exist and whose copyrights are infringed, as well as data containing violence glorifying and racist, sexist or political graphics / statements. Fusion Workflow Inc. reserves the right to block accounts, which oppose this legal basis.

The Fusion Workflow Inc. customer guarantees that he possesses all necessary rights for the publications in his account. The customer indemnifies Fusion Workflow Inc. from all claims of third parties which may arise due to the violation of statutory provisions. Furthermore, Fusion Workflow Inc. is released from the costs for the necessary legal defence. The customer is obliged to support Fusion Workflow Inc. in good faith with information and documents in the legal defence against third parties. Fusion Workflow Inc. expressly reserves the right to take legal action against customers who violate these General Terms and Conditions and to assert the damage incurred.

21. Mailing / status mails / newsletter

By confirming these terms and conditions and using Fusion Workflow Inc., which results from an upload, download or registration, you confirm that Fusion Workflow Inc. will send you status mails..

After uploading a file, users receive a confirmation email and Fusion Workflow Inc. notifies them of a successful or failed download. The sending of status mails does not include the notification of registration messages, forgotten password, payment information, etc.

21a. Mailing / newsletter

Fusion Workflow Inc. reserves the right to send periodic emails to its users notifying them of product updates, security updates, announcements - or updates to www.FusionWorkflow.com. At all times the user is offered the opportunity to unsubscribe from the information emails by means of a unsubscribe link.

22. Severability clause

Should individual provisions of this agreement be invalid or incomplete, or should performance become impossible, this shall not affect the validity of the remaining parts of the agreement. In this case, Fusion Workflow Inc. and the customer undertake to replace the invalid provision immediately with a valid provision that comes closest to the original intention in terms of its content.

23. Applicable law and place of jurisdiction

The contractual relations between the parties shall be governed exclusively by Canadian substantive law. For all disputes arising in connection with this agreement, the ordinary courts at the seat of Fusion Workflow Inc. (Canada) shall have jurisdiction. For the sake of simplicity, only the male form is used.

24. Warranty

THE SERVICE IS BEING PROVIDED "AS IS WHERE IS" WITHOUT WARRANTY OF ANY KIND. FUSIION WORKFLOW INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN RESPECT OF THE SERVICE, DOCUMENTATION AND/OR SERVICES PERFORMED BY TRILOBYTE SOLUTIONS INC., ITS AGENTS OR EMPLOYESS, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AS TO NON-INFRINGEMENT RELATED TO THE SERVICE OR DOCUMENTATION LICENSED AND PROVIDED HEREUNDER, provided that some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply. The Customer hereby assumes all responsibility for the selection of the Service to achieve its intended results and furthermore it assumes sole responsibility for the installation, use and the results obtained from the Service. Trilobyte Solutions Inc. does not warrant that the functions or features contained in the Service will meet the Customer’s requirements or that the operation of the Service will be uninterrupted or error free, or that defects in the Service will be corrected.

25. Misuse

Any warranties given hereunder will not apply if: (i) the Service is not used in accordance with Fusion Workflow Inc.'s instructions, (ii) the Service has been altered, modified or converted by the Customer without the prior written approval of Fusion Workflow Inc., (iii) the maintenance or warranty call relates to any of Customer’s equipment on or with which the Service operated malfunctions or (iv) part or all of the Service becomes inoperative as a result of any other cause beyond the reasonable control of Fusion Workflow Inc..

26. Indemnification

The Customer agrees to indemnify and hold Fusion Workflow Inc. and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any costs, claim or demand (including but not limited to legal fees and judgments involving injury or death of persons or damage to or loss of property) made by any third party due to or arising directly or indirectly out of this Agreement, including but not limited to the Customer’s use of the Service, or the Customer’s violation of any law or the rights of a third party. Notwithstanding the above, Fusion Workflow Inc. will defend any action brought against the Customer to the extent that it is based upon a claim that the Service used within the scope of this Agreement infringes upon a copyright or patent of the U.S. or Canada or a member state of the European Union, and Trilobyte Solutions Inc. will pay damages reasonable costs and legal fees attributable to such claim which are awarded against the Customer providing that the Customer promptly notifies Fusion Workflow Inc. in writing of the claim, or notice of claim, and that Trilobyte Solutions Inc. has complete control of the defense and/or settlement of such claim and the full cooperation of the Customer, provided such control is exercised reasonably. The foregoing states Fusion Workflow Inc.'s entire liability to the Customer with respect to infringement. In the event any such claim is made, Fusion Workflow Inc. may at its option and expense, in addition to its obligation to defend and indemnify, either (i) procure for the Customer the right to continue the use of the Service or (ii) replace or modify the Service to make its use noninfringing.

27. Limitation of Liability

Notwithstanding any other term to the contrary in this agreement, FUSION WORKFLOW INC. SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY CLAIMING THROUGH THE CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INCREASED COSTS OF OPERATION, LITIGATION COSTS AND THE LIKE, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED UPON A CLAIM OR ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF THE SERVICE, OR THE PROVISIONS OR FAILURE TO PROVIDE SUPPORT SERVICES, REGARDLESS OF WHETHER FUSION WORKFLOW INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUSION WORKFLOW INC.’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY THE CUSTOMER, IF ANY, TO FUSION WORKFLOW INC. FOR THE SERVICE FROM WHICH DAMAGES RESULT.

28. Improvements

Any modifications to the Service by any party become the property of Fusion Workflow Inc..

29. Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS ON THE EXPORT FROM CANADA OF THE FUSION WORKFLOW INC. SERVICE (OR COMPONENTS THEREOF) OR OF INFORMATION ABOUT THE FUSION WORKFLOW INC. SERVICE WHICH MAY BE IMPOSED FROM TIME BY THE GOVERNMENT OF CANADA. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE CUSTOMER SHALL NOT EXPORT OR RE-EXPORT, DIRECTLY OR INDIRECTLY, ANY FUSION WORKFLOW. SERVICE (OR COMPONENT THEREOF) OR INFORMATION PERTAINING THERETO TO ANY COUNTRY TO WHICH SUCH EXPORT OR RE-EXPORT IS RESTRICTED OR PROHIBITED, OR AS TO WHICH SUCH GOVERNMENT OR ANY AGENCY THEREOF REQUIRES AN EXPORT LICENSE OR OTHER GOVERNMENTAL APPROVAL AT THE TIME OF EXPORT OR RE-EXPORT WITHOUT FIRST OBTAINING SUCH LICENSE OR APPROVAL.

30. General

Fusion Workflow Inc. may assign its rights hereunder without consent of or notice to the Customer. The Customer may not assign its rights hereunder without the written consent of Fusion Workflow Inc.. Neither party shall be responsible for any failure or delay in complying with the terms of this Agreement resulting from events of force majeure beyond the control of either party which could not be avoided by exercise of due care. In the event that any provision (or part thereof) of this Agreement shall not be enforceable, the remainder of this Agreement (and the remainder of the provision or part of which is held not enforceable, as the case may be) shall remain in full force and effect. This Agreement shall be governed in accordance with the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein, other than rules governing conflict of law. The Convention of Contracts for the International Sale of Goods shall not apply to this Agreement nor to any dispute arising therefrom. The parties are not agents or legal representatives of each other. The provisions in this paragraph along with the provisions in Articles 3, 5, 7, 8, 9, 10, and 11 shall survive termination of this Agreement. Trilobyte Solutions Inc. shall have the right to attend at the premises of the Customer during business hours upon reasonable prior notice in order to verify that the Service is being used in compliance with this Agreement. This Agreement sets forth the entire agreement of the parties with respect to the subject matter contained herein, and no oral or written statement or representations not contained herein shall have any force or effect.