Terms of Service
The Company reserves the right to revise Agreement at any time by updating this document. Upon such update, you will be informed of the new Agreement via notification within the Service. Your continued use the Service after such update will constitute your acceptance of the changes.
1. Use of the Service
- a. You warrant that you are at least 13 years of age and possess the capacity and authority to enter into this Agreement on behalf of the contracting person or entity (as listed on the signup or registration form available through the Service). Should a court determine that you do not possess the authority to enter into this Agreement on behalf of the contracting person or entity, you agree to be personally responsible for any and all costs incurred in connection with your use of the Service, including the Subscription.
- b. You agree not to use the Service if it is prohibited or restricted by law in your location.
- c. Subject to the terms of this Agreement, we grant you a limited, non-transferable, non-exclusive, personal license to use the Service for its intended purposes and in accordance with the specific Subscription you have agreed to.
- d. We may restrict your access to Service or limit or revoke such license at any time without notice and for any reason, including (but not limited to):
- i. activity which could be deemed illegal in any jurisdiction;
- ii. misuse of Intellectual Property;
- iii. disrupting, or attempting to disrupt, the Service's security, integrity, or infrastructure;
- iv. use of the Service to send harassing, threatening, or objectionable material to any third parties; or
- v. nonpayment for Subscriptions.
- e. You agree not to alter, modify, publish, sell, share, or in any other way distribute content, or derivative works thereof, from the Service. You agree not to data-mine, utilize spiders, bots, or any other procedures to index, record, or image any portion of the Service.
- f. You agree to use the Service solely for personal business purposes, in accordance with the terms of Section 6 of this Agreement.
2. Registration and Passwords
- a. In order to fully access the Service, you will be required to create an account and a secure username and password (the "Credentials"). You agree to keep the Credentials confidential, not to share the Credentials with any other person, and not to allow any person other than you to access the Service with your Credentials.
- b. You warrant that all information provided by you to the Company is accurate and truthful. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY FOR ANY USE OF YOUR ACCOUNT AND ANY COSTS INCURRED ON BEHALF OF THE ACCOUNT.
3. Intellectual Property
- a. You acknowledge that all patents, copyrights, trademarks, trade secrets, ideas, technical information, user interfaces, designs, and processes (collectively, "Intellectual Property") used within or in connection with the Service are property of the Company or its respective owner. No license, assignment, lease, or sale of Intellectual Property has been offered to you. You agree not to use any of the Intellectual Property associated with the Service or Company, or derivatives thereof, including the name "Invoice Cards", for any purpose other than those expressly permitted in this Agreement. The Company retains full rights to all Intellectual Property.
- b. You agree not to utilize the Service to share, copy, transmit, sell, or in any other way distribute any intellectual property to which you do not own the rights.
4. Fraud Protection
- a. a. We screen for fraud in an effort to protect the security of our users and the Service. We reserve the right to refuse to process any transaction if we suspect fraud or misuse of financial information. We reserve the right to cancel any Subscription without notice.
5. The Subscription Contract Between You And Us
- a. The Service offers subscription access at the price listed on the registration, signup, or pricing page of the Service, with such price billed automatically on a once-per-month basis (each such month a "Term") to the credit card or payment information you have on file with the Company (the "Subscription"). The Subscription may include a free trial, after the completion of which you shall be billed in accordance with this Section 5.
- b. By purchasing a Subscription, you agree to pay in full all fees (whether initial or recurring) indicated on the corresponding registration or signup page on the Service.
- c. Subscriptions are non-refundable. You may cancel your Subscription at any time by accessing the cancellation option on the "Account" page of the Service, after which time you shall owe no additional fees in connection with the Subscription. Your access to the Service will be canceled after the completion of your last paid Term. You accept responsibility, without limitation, for all recurring charges prior to cancellation. Barring cancellation, your Subscription will be automatically renewed for successive Terms, at the then-current rate for such Subscription.
- d. The Company may cancel your Subscription at any time and without notice. Upon such cancellation, (i) your obligations under the subscription will cease and no further payment will be due by you, and (ii) no refunds shall be due for previous payments.
- e. Subscriptions may be billed through the use of third party payment processing services ("Processors") utilized by the Company. The Company and the Processors may receive updated credit card information from your credit card issuer or bank.
- f. All prices posted within the Service are in United States denominations unless expressly designated otherwise.
- g. The Company uses commercially reasonable efforts to make the Service available with the maximum amount of uptime possible. However, the Company shall not be held responsible for interruptions, delays, or stoppages in availability of any portion of the Service.
- h. The Company is not responsible for typographical errors or inaccuracies as they relate to the Service.
- i. Pricing of the Subscription is subject to change at any time and without notice.
6. License and Conditions of Use
- a. By using the Service, you agree to:
- i. not distribute, rent, lease, loan, license, sublicense, make available, transfer, assign, sell, reproduce, adapt, translate, disclose, display, publish, exploit, or modify the Service or any components thereof, including its source code;
- ii. use the Service solely for invoicing or billing clients, customers, or contractors, and for uses incidental to such purposes;
- iii. not create derivative works based on the Service or any components thereof;
- iv. not modify or alter any of the output (including, but not limited to, invoices) generated by the Service;
- v. obtain, at your expense, all software, hardware, equipment, licenses, authorizations, and permissions necessary to use the Service;
- vi. obtain, at your expense, all licenses and authorizations required for the acquisition, delivery or use of the Service;
- vii. abide by the Terms of Service (and all related agreements) of third party software and scripts used within the Service.
- viii. not reverse assemble, reverse engineer, decode, deconstruct, or recreate the source code of the Service; and
- ix. comply with all laws, rules and regulations applicable to the Service, including, without limitation, the restrictions, controls, customs duties, laws, rules and regulations of the jurisdiction to where delivery of the Service was ordered and is used.
7. Limitation of Damages
- a. The Company and its owners, shareholders, directors, officers, and employees shall in no way be responsible for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, whether in tort, contract, or otherwise.
- b. The Service is provided "as is" without any warranty of any kind, whether express, implied, or otherwise.
- c. You agree to indemnify and hold the Company, its subsidiaries, parents, and affiliates, and its and their owners, officers, agents, partners and employees, harmless from any loss, liability or claim, made by any third party due to or arising out of your breach of or failure to comply with this Agreement, your use of the Service, and your violation of any statute, regulation, ordinance, code, or agreement.
- a. Any dispute or claim arising out of or relating to this Agreement shall be adjudicated by binding arbitration. You understand that you are waiving your right to a trial. Such arbitration shall be conducted by the American Arbitration Association, or if no longer in existence, a similar such arbitration organization chosen in good faith by the Company. The arbitration panel shall consist of one arbitrator to be chosen by the arbitration organization. The arbitration proceedings shall take place exclusively in Maricopa County, Arizona, and shall be governed in all respects by Arizona law, without regard for the conflict of laws.
- b. You agree to waive your right to participate in any class action, including any class or group arbitration.
- c. Notwithstanding the terms of this Section 8, each party retains the right to bring an individual action to seek injunctive or other relief in a court of competent jurisdiction within the state of Arizona to prevent (1) the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights or (2) actual or threatened tortious interference with a business relationship or contract.
- a. The Company may provide you with messages regarding the Company, the Service, or its business partners via email or SMS/text message. You hereby expressly consent to receive such messages, and further consent that by typing your name when registering for the Service, that you have electronically signed your name agreeing to such.
- c. A party's failure or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude the exercise of any other right hereunder.
- d. You may not assign this Agreement without the express written permission of the Company. The Company may, in the instance of a sale, merger, or reorganization, assign its rights and duties under this Agreement, in which case the assignee will be bound by the terms of this Agreement.
- a. Notice may be directed to the company at email@example.com.