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The updated Terms of Service will take effect on October 29, 2025 for all new accounts and December 1, 2025 for existing customers.

Terms of Service

Last Updated: October 29, 2025

2NDSITE Inc. (“FreshBooks”, “we”, “us” and terms of similar meaning) provides this web site [www.FreshBooks.com] and the services provided by or through this web site to you subject to these Terms of Service, the Privacy Policy (the “Privacy Policy”) and all policies and guidelines incorporated by reference in these Terms of Service or the Privacy Policy (collectively, the “Terms”). The Terms govern your use of:

  1. this web site and any other web site provided by FreshBooks (such as freeinvoicecreator.com), including any successor website (together, the “Site”);
  2. the software we provide, including the FreshBooks API, (the “Application”); and
  3. any offerings or services provided or billed to you by FreshBooks, including services provided through the Site or Application;

(all of the foregoing is collectively, the “Services”).

The Terms also apply to the use of the FreshBooks API by third parties authorized through your FreshBooks account to use your User Content (as defined below) through the FreshBooks API.

Certain Services may be subject to additional terms and conditions. Please read these Terms and any other applicable terms and conditions carefully before using the Services. By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms. If you do not agree to be bound by these Terms or any other applicable terms and conditions in their entirety, you may not use the Services.

1. Updates to these Terms

FreshBooks reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your Registration Data (defined below), if any, or we will post a notice on the Site and/or in the Application. Unless otherwise specified, any changes or modifications will be effective immediately upon such notice, and your continued use of the Services after such notice will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.

If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation according to our cancellation policy. If you have any questions about the Terms, please email us at support@freshbooks.com.

2. Definitions

In these Terms, the following terms have the following meanings:

“Content” means the content available through the Services, including all information, data, logos, marks, designs, features, functionality, graphics, pictures, sound files, other files, and their selection and arrangement. Content does not include the FreshBooks API.

“Customers” means our customers’ customers who use the Services (for example, to view or pay Subscribers’ invoices). 

“Interactive Areas” means the FreshBooks blog, discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services.

“User Content” means, as applicable (a) Content provided by or on behalf of a User in connection with the Services, such as content posted by a User on the Interactive Areas or provided as input to the Services, and (b) data derived from or based on Users’ usage of the Services.

“Users” means users of the Services, whether they are Subscribers, Customers, members of the FreshBooks forum, people who post on Interactive Areas, or casual browsers of the Site.

“Subscribers” means our customers and the persons to whom they give “staff” or “advisor” access to their FreshBooks account.

3. Services are Not for Individuals Under the Age of 18

The Services are not intended to be used by children. You must be at least eighteen (18) years old to use the Services. If we determine that a User is under the age of eighteen (18), we will terminate that User’s use of the Services.

4. Privacy Policy and Data Processing

Please refer to the Privacy Policy for information on how FreshBooks collects, uses and discloses personal information from its Users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

By using the Services, you authorize FreshBooks, its affiliates, and designated third-party service providers in accordance with the Fair Credit Reporting Act and other applicable law to obtain and periodically refresh your credit information and other information about you from credit bureaus or similar third parties for marketing and eligibility, as required in connection with your use of the Services, to offer additional services to you, and refer third party services to you. You also agree to cooperate with any credit or Know-Your-Client process that FreshBooks initiates in connection with your use of the Services. This authorization shall remain in effect for the duration of your relationship with FreshBooks.

If you are in the UK, FreshBooks may provide you with regulated account information services as an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services, including account information services.

Notwithstanding anything to the contrary herein and without limiting FreshBooks’s other rights, you agree that FreshBooks may obtain and aggregate technical and other data about your use of the Services that is non-personally identifiable with respect to you (“Aggregated Anonymous Data”), and FreshBooks may use the Aggregated Anonymous Data to improve, support and operate the Services and for any other lawful purpose, even after the termination of your business relationship with FreshBooks.

Users who wish to exercise privacy rights or opt-out of the sharing of their personal information may do so in accordance with FreshBooks’ privacy policy located “here”describing User rights, including access, correction, deletion and opt-out mechanisms required by applicable laws.  Additional information regarding the collection, use, and sharing of data, and directions for submitting an opt-out request via email are available at Support@freshbooks.com.

5. Registration Data 

“Registration Data” means the data you are prompted to provide by any registration forms on the Services.

If you register for an account on the Services, you agree to (a) provide true, accurate, current and complete Registration Data; and (b) promptly update the Registration Data and any other information you provide to FreshBooks, to ensure it remains true, accurate and complete.

6. Security 

We take security seriously, and use hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site.

While we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Site or Application. No system is perfectly secure or reliable, and transmission of information via the Internet is not completely secure. In addition, reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks. Specifically, Subscribers who enable auto-billing and choose to store the credit card information of their Customers accept these risks to the security of that credit card information. Credit card data is provided by Subscribers and their Customers, and they are responsible for its protection. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or Application. 

The security of your information also depends on you. You agree to keep your access credentials (such as passwords, API keys or other information required to access the Service) secure and confidential. You must immediately notify FreshBooks of any unauthorized use (or suspected unauthorized use) of your access credentials. Such credentials are personal to you and you may not share them with any other person.  You are responsible for all activity on your FreshBooks account, and for all charges incurred by your FreshBooks account. The access credentials are the property of FreshBooks and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate these Terms or for any other reason in FreshBooks’ sole discretion.

7. Restrictions on Use

As a condition of your access and use of the Services, you agree that you may use the Services only for lawful purposes (and shall not be used where prohibited or embargoed), for the intended and explicitly stated purposes, and in accordance with these Terms. You may not use the Services for personal, family, or household use unless these Terms otherwise specify.   You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Site or Application.  By using the Services, you represent and warrant at all times during your use of the Services that you are a legal entity or a sole proprietor.

Further, as a condition of using the Services, you must not:

  • attempt to undermine the security or integrity of FreshBooks’ computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
  • use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
  • attempt to gain unauthorized access to any materials, data or content other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
  • use the Services to transmit any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); 
  • attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation; or
  • otherwise attempt to interfere with the proper working of the Services.

8. Fees; Charges; Taxes

Subscription fees and any other charges for the use of the Services are described on the Site. In certain circumstances, FreshBooks may collect fees from you, including debt incurred when using FreshBooks Payments and FreshBooks Payroll. In the event your account has a negative balance that lasts 30 days or longer, FreshBooks may proceed to collect against you, including charging your card on file with FreshBooks and other lawful means.

FreshBooks reserves the right to change any subscription fees and other charges from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Fees for payment transactions are subject to change without notice, unless otherwise prohibited, at the discretion of our payment platform partners. Current pricing can be found here.

If you wish to dispute any fees or other charges applied by FreshBooks, you must do so by written notice within 90 days from the earlier of: (a) date of the applicable invoice or charge; or (b) when payment is processed.  In no event shall FreshBooks provide any refund or credit of more than three months’ fees or charges.  To the extent applicable, FreshBooks will have the right to offset amounts owed by FreshBooks to you against amounts payable under these Terms.

All fees subscription fees and other charges for the use of the Services are non-transferable and non-refundable. Any portion of any subscription fee or other charge payable hereunder that is not paid when due shall accrue interest at an amount equal to 1.5% of such amount per month (18% per year) or the maximum amount allowed by law, whichever is less, from the due date until paid.

Although great care is taken in the production of the Site, Application and description of the Services, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. 

All prices are quoted and are payable in United States’ Dollars and, unless otherwise stated, are quoted before shipping charges, GST, PST, QST, HST or other applicable taxes which will be added on top of the quoted price, but itemized separately. You are solely responsible for all sales taxes due in respect of the Services in accordance with any and all applicable laws.  You are required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, applicable to the Services and to your business transactions processed by the Services. FreshBooks may add the appropriate amount to your payment obligation hereunder, and you shall pay such amount unless you provide FreshBooks with a valid tax exemption certificate authorized by the appropriate taxing authority. You will indemnify, defend and hold FreshBooks harmless from and against any tax, penalty and interest resulting from your failure to meet your obligations under this section.

9. Ownership of Services, Content and Trademarks

Other than the User Content, the Services and all Content is the property of FreshBooks or its licensors, and is protected by Canadian and international intellectual property laws, and all rights to the Services and Content are expressly reserved. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

FreshBooks grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. 

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law in Canada, the United States, and any country in which you are using the Services. 

All trademarks, registered trademarks, product names and company names or logos mentioned in the Services or Content are the property of their respective owners and cannot be used by you without the prior written consent of the respective owner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FreshBooks.

10. User Content and Interactive Areas

You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any Interactive Area will be considered non-confidential. 

All User Content must comply with applicable federal, provincial/state, local and international laws and regulations. Without limiting the foregoing, you warrant and agree that your use of the Services and any User Content you provide shall not:

  • in any manner violate any applicable federal, provincial/state, local or international law or regulation;
  • in any manner violate the terms of use of any third party website;
  • include or contain content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • include or contain any content that is unlawful, libelous, obscene, pornographic, indecent, lewd, suggestive, harmful, threatening, invasive of privacy or publicity rights, abusive, harassing, hateful, offensive, defamatory, inflammatory, discriminatory, or otherwise inappropriate or objectionable by FreshBooks;
  • attempt to harm or exploit any person in any way;
  • involve, provide, or contribute any false, inaccurate or misleading information; 
  • cause annoyance, inconvenience or harm or be likely to upset, embarrass, or alarm any person; 
  • transmit any viruses, corrupted data or other harmful, disruptive or destructive files;
  • promote any illegal activity or advocate, promote or assist any unlawful act; 
  • include or contain any unsolicited promotions, political campaigning, advertising or solicitations;
  • include or contain any content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or
  • give the impression that they are endorsed or originate from FreshBooks if that is not the case.

Without limiting the foregoing, FreshBooks has a “zero-tolerance” policy towards SPAM. You may not use the Interactive Areas or the Services generally to send commercial or other messages to any third party if those messages are not solicited, authorized or welcomed by the third party.

Any use of the Interactive Areas or other portions of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

Your User Content is your responsibility. You agree that you are responsible and liable for all of your User Content, and FreshBooks has no responsibility or liability for any User Content, or for any loss or damage User Content may cause to you or any person. 

Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, including through the FreshBooks API, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

11. Ownership and License to User Content

User Content is that User’s property. FreshBooks’ only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in this Section.

You grant us all necessary license rights to use your User Content to the extent necessary to provide the Services, now and in the future, and for other express purposes consented to herein. You grant us, our affiliates, subsidiaries and authorized third-party partners (“Authorized Partners”) a world-wide, royalty free, perpetual, irrevocable, non-exclusive, sublicensable license to access, use, reproduce, analyze, combine with other data sets, and otherwise process all User Content for the following purposes: 

  1. Performing, supporting, improving products and services, and otherwise fulfilling its obligations under this Agreement, specifically including but not limited to:
    • if you post on Interactive Areas, you grant us, our affiliates and subsidiaries a world-wide, royalty free, perpetual, irrevocable, non-exclusive, sublicensable license to display that User Content on the Services; 
    • if you are a Subscriber and enter timesheet data in relation to a Customer and configure your account to display timesheet data to your Customers, you grant us, our affiliates and subsidiaries a world-wide, royalty free, perpetual, irrevocable, non-exclusive, sublicensable license  to that User Content to use it in the operation of the Services for that purpose;
    • if you are a Subscriber and enter timesheet data in relation to a Customer and configure your account to display timesheet data to your Customers, you grant us, our affiliates and subsidiaries a world-wide, royalty free, perpetual, irrevocable, non-exclusive, sublicensable license  to that User Content to use it in the operation of the Services for that purpose;
    • if your User Content is intended for the use of other Users (for example, if you issue invoices to Customers or authorize third parties to access your User Content through the FreshBooks API), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in these Terms; and
    • other uses of User Content to fulfil obligations herein.
  1. Conducting simulations, analytics or modeling (including through Authorized Partners) to generate reports, trends, or recommendations (“Analytical Outputs”);
  2. Using such Analytical Outputs internally or with Authorized Partners to identify, evaluate, and market additional or complementary products or services of FreshBooks or such partners; and 
  3. Complying with law and exercising its rights and remedies hereunder.

For clarity, Users retain all ownership rights to User Content.  FreshBooks retains all rights in any Analytical Outputs, models, or derivative works it creates.  FreshBooks shall apply reasonable confidentiality and security measures, including de-identifying or aggregating User Content prior to external use or disclosure.

For clarity, by posting or distributing User Content to or through the Services, you (a) grant FreshBooks and its affiliates and subsidiaries a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content, and to generate Analytical Outputs, to offer additional or third party services to you, to allow Authorized Partners to offer their services to you, and to comply with the law and exercise remedies hereunder; (b) represent and warrant that (i) if applicable you have provided all consumer privacy notices required to transmit User Content under applicable consumer privacy and related regulatory provisions, (ii) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; (iii) any User Content transmit to FreshBooks complies with all consumer choices and opt-out preferences received and (iv) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.

12. Using the FreshBooks API

This Section contains terms and conditions applicable to use of the FreshBooks API, whether by a Subscriber or other User, including a developer or operator of a website or application (such a website or application, a “FreshBooks API Implementation”, and the developer or operator, an “API Developer”) who wishes to use the FreshBooks API for the purpose of including Content or User Content in their FreshBooks API Implementation. If you are a Subscriber and you procure a third party to develop a FreshBooks API Implementation for you, this Section applies to your and their use of the FreshBooks API, and you are responsible for their compliance with this Section to the same extent as though you were developing the FreshBooks API Implementation yourself.

FreshBooks grants you a limited, revocable, non-exclusive, non-sublicensable license to use the FreshBooks API as provided by FreshBooks, in the manner permitted by the Terms. Such license does not license any other Content or User Content to you. If you wish to use your FreshBooks API Implementation to display or deliver any User Content provided to us by a Subscriber, you must obtain the prior agreement of that Subscriber to that use, by obtaining a license from the Subscriber, in terms of use governing the use by that Subscriber of your FreshBooks API Implementation, for your use of that User Content. This limited license is subject to all usage restrictions set forth in these Terms, and any further restrictions set out in your terms of use and privacy policy agreed to by the Subscriber. If you do not present terms of use and a privacy policy to our Subscribers upon their use of your FreshBooks API Implementation, you may not use the FreshBooks API.

Your use of the FreshBooks API is also subject to the following restrictions. You may not:

  • interfere or attempt to interfere in any manner with the proper workings of the FreshBooks API, or create or distribute any FreshBooks API Implementation that adversely affects the functionality or performance of the Services or adversely impacts the behavior of other applications using the FreshBooks API;
  • misrepresent your identity or intentions when communicating with us in relation to the FreshBooks API, use the developer credentials licensed to a different individual or entity, allow your credentials to be used by others, or mask your usage of the FreshBooks API;
  • use the FreshBooks API in association with, or as a component of, any website that in the sole discretion of FreshBooks is determined to be unlawful, libelous, obscene, pornographic, indecent, lewd, suggestive, harmful, threatening, invasive of privacy or publicity rights, abusive, harassing, hateful, offensive, defamatory, inflammatory, discriminatory, or otherwise inappropriate or objectionable ;
  • use the FreshBooks API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
  • use the FreshBooks API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;
  • replicate, in whole or in part, the “look and feel” of FreshBooks with your FreshBooks API Implementation;
  • include in your FreshBooks API Implementation a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between FreshBooks and your FreshBooks API Implementation among users;
  • disparage or otherwise negatively represent FreshBooks in your FreshBooks API Implementation;
  • use the FreshBooks API for any application that attempts to replace or replicate the essential user experience or functionality of the Service;
  • reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof;
  • circumvent or render ineffective any IP address-based functionality or restriction imposed by the Services;
  • circumvent technological measures to prevent direct database access, nor manufacture tools or products to that effect;
  • build conversion functionality that converts Content from the Service to a competing product or service; or
  • at any time you are operating your FreshBooks API Implementation, solicit, interfere with or endeavor to entice away from us any of our Subscribers.

You agree to carefully monitor your use of the FreshBooks API and ensure that it remains within reasonable operational limits for both your own server capacity and for ours. You acknowledge and agree that we may impose or adjust the limit on the number of transactions you may send or receive through the FreshBooks API; such fixed upper limits may be set by us at any time, at our discretion. If we impose such limits, we may describe them on our Site. FreshBooks may charge additional fees for the excess. Unused API calls will not roll over to the next period.

You will not attempt to exceed or circumvent limitations on access, calls and use of the FreshBooks API, or otherwise use the FreshBooks API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms. FreshBooks may monitor your use of the FreshBooks API and, if your application(s) does or will connect the FreshBooks API to five hundred or more systems, FreshBooks reserves the right to limit or suspend access to the FreshBooks API by you or your API client(s) and to contact you to discuss the volume and terms of your API calls.

We reserve the right to rate limit other functionality to prevent abuse, spam, denial-of-service attacks, or other security issues.

FreshBooks may monitor your use of the FreshBooks API for any reason, including but not limited to: quality assurance, the improvement of FreshBooks products and services, and for verification of your compliance with these Terms. You shall not interfere with such monitoring or otherwise obscure from FreshBooks any aspect of your use of the FreshBooks API. FreshBooks may use any technical means to overcome such interference. FreshBooks may suspend access to the FreshBooks API by you or your FreshBooks API client without notice if FreshBooks reasonably believe that you are in violation of the Terms. You acknowledge that any use by us of your FreshBooks API Implementation for such purpose will not constitute our agreement to any terms of use you purport to require us to comply with in such use.

FreshBooks has no responsibility to any person for any use or misuse of any Content or User Content obtained through the FreshBooks API. If you are a Subscriber, you should consider carefully whether you wish to give an API Developer access to your User Content through the FreshBooks API. If you wish to revoke the API Developer’s access to your User Content through the FreshBooks API, you should change your FreshBooks access credentials or revoke authorization of the FreshBooks API Implementation to the User Content. Please contact us at support@freshbooks.com if you want assistance doing this.

Finally, FreshBooks provides the FreshBooks API to facilitate the use of the Services with other services on the Internet. If a third party is authorized through your FreshBooks account to have access to your User Content through the FreshBooks API, we cannot control and are not responsible or liable for the third party’s use of your User Content.

13. Third Party Offerings 

For your convenience, the Site or Application may offer third party services accessible through the Site or Application or through FreshBooks via a direct charge to you, which are listed here (collectively, “Third Party Offerings”).  The Third Party Offerings are “Services” for the purposes of these Terms.  When accessing or using such Third Party Offerings, you are subject to any terms and conditions of the applicable third party providers. You are responsible for making yourself aware of the terms of service and privacy policy of the third parties whose platforms you seek to integrate with your use of the FreshBooks Application and Services. The links to the providers are for convenience only and may change from time to time. You are responsible for ensuring you review the latest version of the applicable terms which apply to your use of the Third Party Offerings.  From time to time, FreshBooks may change providers for the Third Party Offerings; in such an event, we will provide you with notice.  

Inclusion in the Services of Third Party Offerings does not imply FreshBooks’ endorsement, adoption or sponsorship of, or affiliation with, such Third Party Offerings. FreshBooks does not warrant anything relating to Third Party Offerings which you choose to use or integrate with your use of the Services. FreshBooks does not guarantee that the Third Party Offerings or the integration between your use of the Services and a Third Party Offering will be error free or functionally possible. You are responsible for satisfying yourself with the function and security of a Third Party Offerings you seek to use or integrate with your use of the Services.

14. Third Party Materials

For your convenience, the Site or Application may contain third party content which are owned or provided by third parties (“Third Party Materials”). Inclusion in the Services of Third Party Materials does not imply FreshBooks’ endorsement, adoption or sponsorship of, or affiliation with, such Third Party Materials. FreshBooks does not warrant anything relating to Third Party Materials which you choose to use or integrate with your use of the Services. FreshBooks does not guarantee that the Third Party Materials will be error free, complete or accurate. You are responsible for satisfying yourself with the accuracy and completeness of Third Party Materials you seek to use or integrate with your use of the Services.

15. Advertisements and Promotions

FreshBooks may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than FreshBooks, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. FreshBooks is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Services.

16. Electronic Signature

FreshBooks requires your consent to use your electronically recorded signature in the Application. Your electronically recorded signature will constitute your acknowledgment that you accept the terms herein and will be used to create a legally binding agreement.

This recorded confirmation by you will constitute your signature.

17. Warranty Disclaimer

YOUR USE OF THE SERVICES AND CONTENT, AND ANY THIRD PARTY OFFERINGS IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESHBOOKS, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE SERVICES, CONTENT OR THIRD PARTY OFFERINGS ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES AND CONTENT. FRESHBOOKS, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR CONTENT ARE OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

FRESHBOOKS, ITS SUBSIDIARIES, AFFILIATES AND THEIR SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

18. Limitation of Liability; Indemnity

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST FRESHBOOKS, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO INFRINGEMENT OF PROPRIETARY RIGHTS, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES OR CONTENT. 

WITHOUT LIMITATION OF THE FOREGOING, NEITHER FRESHBOOKS NOR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICES OR CONTENT, OR OTHER INFORMATION OBTAINED FROM FRESHBOOKS OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICES OR CONTENT, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FRESHBOOKS OR ANY OTHER RELEASED PARTY’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FRESHBOOKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR CONTENT EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO OR USE OF THE APPLICABLE SERVICE OR CONTENT DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY CLAIM. 

IN NO EVENT SHALL FRESHBOOKS HAVE OR INCUR ANY LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE ANY THIRD PARTY OFFERINGS OR USER CONTENT.

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

You shall defend, indemnify and hold harmless FreshBooks and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services, Content, any Third Party Materials or any Third Party Offerings and your use or contribution of the User Content, and if you are a Subscriber, from your Customers’ use or contribution of the same by any person to whom you give access to your account (including staff or advisors), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). FreshBooks reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by FreshBooks in the defense of any Indemnified Claims.

19. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data or we may post a notice to Users, Subscribers and Customers on the Site or Application. It is your responsibility to periodically review the Site and Application for notices.

Notices to FreshBooks must be sent by registered mail to the address specified below.

20. Mobile (SMS) Messages

Receive an invitation to get messages from FreshBooks Text Message Service through your mobile device. Text FRESH to 26783 (for US) or 37374 (for Canada) to receive promotional offers and account notifications via SMS. When you opt-in to the service, we will send you a message to confirm your signup. Message and data rates may apply. Text “HELP” or “AIDE” for help. Text “STOP” or “ARRET” to cancel.

You can cancel this service at any time. Text “STOP” or “ARRET” to 26783 (for US) or 37374 (for Canada). After you send the message “STOP” or “ARRET” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time by texting FRESH to 26783 (for US) or 37374 (for Canada) and we will start sending messages to you again.

If at any time you forget what keywords are supported, just text “HELP” or “AIDE” to 26783 (for US) or 37374 (for Canada). After you send the message to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@freshbooks.com or call us at 1-866-303-6061. If you have any questions regarding privacy, please read our Privacy Policy.

21. Applicable Law and Venue

Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving FreshBooks and arising out of or relating to (a) these Terms; (b) the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Content or the Services; or (d) the relationships that result from these Terms or the Content or the Services (collectively, a “Claim”)will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any Claim will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate in accordance with these Terms. If we have a Claim, we will give you notice to arbitrate in accordance with these Terms. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify FreshBooks and the other Released Parties for your failure to comply with any such laws.

22. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, FreshBooks reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, Content, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the FreshBooks API; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access to your User Content through the FreshBooks API; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

23. Inactive Accounts; Termination of Agreement

You and FreshBooks may terminate your use of the Services and Content, including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your FreshBooks account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to Interactive Areas, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If your account is inactive for at least two months (as determined by FreshBooks), we may deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support@freshbooks.com. FreshBooks reserves the right to charge a data storage fee for storage of the information associated with deactivated accounts. If your account has been deactivated for thirty (30) days and we don’t hear from you, we may delete your account at any time, and permanently delete or irreversibly anonymize your User Content, without notice.

If these Terms expire or terminate for any reason, those sections of these Terms which by their nature are intended to survive such expiration or termination shall survive indefinitely.

24. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. FreshBooks may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of FreshBooks, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and FreshBooks regarding your use of the Services, Content, User Content, Third Party Materials and Third Party Offerings, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and FreshBooks regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

25. Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us here:

FreshBooks
225 King St W
Suite 1200
Toronto, ON
M5V 3M2 Canada
(416) 780-2700 (phone)
privacy@FreshBooks.com