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END USER LICENSE AGREEMENT

RynoCharge Application

Last Updated: August 18, 2026

This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("User," "you," or "your") and Frick Fractional, LLC, a South Carolina limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the RynoCharge application ("App").

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not access or use the App.

1. OVERVIEW

RynoCharge is a progress billing application that integrates HCSS HeavyJob construction management data with Intuit QuickBooks Online ("QBO") to facilitate the creation and management of construction progress billing invoices. The App is developed and maintained by Frick Fractional, LLC and is provided exclusively for use by authorized employees of Ryno Construction ("Authorized Users").

Third-Party Disclaimer: RynoCharge is an independent third-party application. It is not developed, endorsed, sponsored, or affiliated with Intuit Inc. ("Intuit") or HCSS. QuickBooks, QuickBooks Online, and QBO are trademarks of Intuit Inc. HeavyJob is a trademark of HCSS. All other trademarks are the property of their respective owners.

2. ELIGIBILITY

You must be at least eighteen (18) years of age and an authorized employee of Ryno Construction to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.

3. LICENSE GRANT

Subject to the terms of this Agreement and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for Ryno Construction's internal business purposes related to progress billing and invoice management.

4. LICENSE RESTRICTIONS

You agree that you will not:

  • (a) Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the App or any portion thereof;
  • (b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
  • (c) Remove, alter, or obscure any proprietary notices, labels, or marks on the App;
  • (d) Use the App for any purpose other than Ryno Construction's authorized internal business operations;
  • (e) Share your login credentials or allow any unauthorized person to access the App using your account;
  • (f) Use the App to transmit any malicious code, viruses, or harmful content;
  • (g) Attempt to gain unauthorized access to the App's systems, servers, or networks;
  • (h) Use the App in violation of any applicable law, regulation, or third-party agreement, including the Intuit Developer Terms of Service and HCSS terms of use;
  • (i) Export, transfer, or provide access to QuickBooks data or HeavyJob data obtained through the App to any third party for any purpose; or
  • (j) Use automated scripts, bots, or other automated means to access or interact with the App except as expressly provided by the App's intended functionality.

5. SUBSCRIPTION AND FEES

5.1 Subscription Model

Access to the App is provided on a flat monthly subscription basis. The applicable fee and payment terms will be communicated separately to Ryno Construction and are incorporated into this Agreement by reference.

5.2 Payment

Subscription fees are due monthly in advance. Failure to pay fees when due may result in suspension or termination of access to the App.

5.3 Fee Changes

We reserve the right to modify subscription fees upon thirty (30) days' prior written notice. Continued use of the App after the effective date of a fee change constitutes acceptance of the updated fees.

5.4 No Refunds

Subscription fees are non-refundable except as required by applicable law or as expressly agreed in writing by the Company.

6. ACCOUNT AND AUTHENTICATION

6.1 Google SSO

The App uses Google Single Sign-On ("Google SSO") as the sole method of authentication. You must have a valid Google account authorized by Ryno Construction to access the App. Your use of Google SSO is subject to Google's Terms of Service and Privacy Policy.

6.2 Account Security

You are responsible for maintaining the security of your Google account credentials. You agree to notify us immediately of any unauthorized access to or use of the App through your account.

6.3 Account Responsibility

You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

7. THIRD-PARTY INTEGRATIONS

7.1 QuickBooks Online

The App connects to QuickBooks Online via Intuit's OAuth 2.0 API to create invoices, query billing data, and manage Products & Services. Your use of QuickBooks Online is subject to Intuit's Terms of Service, Privacy Policy, and Developer Terms. By authorizing the App to connect to your QBO account, you consent to the App accessing and using QBO data as necessary for the App's billing functionality.

7.2 HCSS HeavyJob

The App connects to HCSS HeavyJob via its REST API to retrieve job data, pay items, cost code progress, and change orders. Your use of HeavyJob is subject to HCSS's Terms of Service. By using the App, you consent to the App accessing HeavyJob data as necessary for progress billing calculations.

7.3 Third-Party Terms

We are not responsible for the availability, accuracy, or performance of any third-party services. Changes to third-party APIs, terms of service, or pricing may affect the App's functionality. We will use commercially reasonable efforts to maintain compatibility but do not guarantee uninterrupted integration with third-party services.

8. INTELLECTUAL PROPERTY

8.1 Ownership

The App, including all code, design, documentation, and related materials, is and remains the exclusive property of Frick Fractional, LLC. This Agreement does not transfer any ownership rights to you.

8.2 Feedback

If you provide suggestions, ideas, or feedback regarding the App ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the App without obligation to you.

8.3 Your Data

You retain ownership of all data you input into the App and all data generated through your use of the App ("User Data"). We claim no ownership of User Data.

9. DATA HANDLING

The App collects and processes certain data as described in our Privacy Policy, available at [RynoCharge Privacy Policy]. By using the App, you consent to the collection and processing of data as described in the Privacy Policy. Our data handling practices are designed to comply with Intuit's security requirements for third-party applications.

The App does not provide third parties with access to your QuickBooks data via external API calls or any other means. QuickBooks data accessed through the App is used solely for the functional purposes of progress billing and invoice management.

10. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • (a) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • (b) THE RESULTS OBTAINED FROM THE APP WILL BE ACCURATE, RELIABLE, OR COMPLETE;
  • (c) THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS; OR
  • (d) ANY ERRORS IN THE APP WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT THE APP PERFORMS FINANCIAL CALCULATIONS (INCLUDING PROGRESS BILLING QUANTITIES, RETAINAGE, AND INVOICE AMOUNTS) AND THAT YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING ALL CALCULATIONS AND INVOICES BEFORE SUBMISSION TO CLIENTS.

11. LIMITATION OF LIABILITY

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES PAID BY RYNO CONSTRUCTION TO THE COMPANY FOR THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.2 Exclusion of Consequential Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

11.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE COMPANY HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • (a) Your use or misuse of the App;
  • (b) Your violation of this Agreement;
  • (c) Your violation of any applicable law or regulation;
  • (d) Your violation of any third-party rights, including Intuit's or HCSS's terms of service; or
  • (e) Any inaccuracy in data you input into the App.

13. TERM AND TERMINATION

13.1 Term

This Agreement is effective upon your first access to the App and continues for as long as you are authorized to use the App, unless terminated earlier in accordance with this section.

13.2 Termination by Company

We may suspend or terminate your access to the App at any time, with or without cause, upon written notice. In the event of termination for cause (including breach of this Agreement), termination is effective immediately.

13.3 Termination by User

You may stop using the App at any time. To formally terminate your account, contact us at legal@frickfractional.com.

13.4 Effect of Termination

Upon termination:

  • (a) Your license to use the App is immediately revoked;
  • (b) You must cease all use of the App;
  • (c) OAuth tokens and session data associated with your account will be invalidated;
  • (d) Billing records and historical data may be retained as described in our Privacy Policy or deleted upon request; and
  • (e) Sections 8, 10, 11, 12, 14, and 15 shall survive termination.

14. DISPUTE RESOLUTION

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.

14.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Mesa County, Colorado. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Exceptions to Arbitration

Notwithstanding Section 14.2, either party may seek injunctive or equitable relief in a court of competent jurisdiction in Mesa County, Colorado to protect its intellectual property rights or confidential information.

14.4 Waiver of Class Action

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15. GENERAL PROVISIONS

15.1 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company regarding the App and supersedes all prior and contemporaneous agreements, understandings, and communications.

15.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under this Agreement without the Company's prior written consent. The Company may assign this Agreement without restriction.

15.5 Amendments

We reserve the right to modify this Agreement at any time. Material changes will be communicated via email or through the App. Continued use of the App after notification of changes constitutes acceptance of the modified terms.

15.6 Notices

All legal notices under this Agreement shall be sent to:

Frick Fractional, LLC 1813 Towne St Johns Island, SC 29455 Email: legal@frickfractional.com

15.7 Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet disruptions, or third-party service outages (including Intuit or HCSS service disruptions).

CONTACT INFORMATION

If you have questions about this Agreement, please contact us at:

Frick Fractional, LLC 1813 Towne St Johns Island, SC 29455 Email: legal@frickfractional.com

By using RynoCharge, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.