Terms and Conditions

Last updated February 21, 2018

Thank you for choosing to create your invoice with Invoice Genius, a product by Mighty Invoice LLC (“company” or “us”). We are committed to protecting and maintaining your rights and providing the best possible experience for all parties. If you have any questions or concerns about our policy, or our practices with regards to user guidelines, copyright, or governing law, please contact us at support@invoicegenius.com.

These Terms and Conditions are meant to help you understand our own guidelines with regards to the management of Invoice Genius and our website (collectively “App”) and how we deal with various situations. We hope you take some time to read through them carefully, as they are important. If there are any terms of these Terms and Conditions that you do not agree with, please discontinue use of our App and our services.

As our app grows, we may make changes to these Terms and Conditions. When any changes are made, we will update the “Revised” date at the top of this document. Please check back in every now and then to ensure that you are still in agreement with our guidelines and practices.

TABLE OF CONTENTS

  1. When Do These Terms and Conditions Apply?
  2. Our Stance on Electronic Records and Intellectual Property
  3. User Registration, Eligibility, and Representation
  4. What Payments Are Accepted and How Are Payments Processed?
  5. Which Activities Are Prohibited by Invoice Genius?
  6. Where Can You Find Our Privacy Policy?
  7. Invoice Genius’ Digital Millennium Copyright Act (DMCA) Notice and Policy
  8. Can Your Account Be Terminated?
  9. Will Invoice Genius Modify or Interrupt Service?
  10. How Will Invoice Genius Handle Disputes?
  11. Our Disclaimer
  12. If You Are a California User and Resident, Who Should You Direct Your Complaints To?
  13. Indemnity Clause
  14. Miscellaneous
  15. Apple-Related Terms
  16. How To Contact Us

 

1. WHEN DO THESE TERMS AND CONDITIONS APPLY?

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mighty Invoice concerning your access to and use of the App.

In order to help make the App a secure environment, all users are required to accept and comply with these Terms and Conditions and our Privacy Policy. You agree that by using, downloading, or installing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using our App and services, and you must discontinue use immediately. These terms constitute a legally binding agreement between us and you. If you are accepting on behalf of an entity, then you are binding the entity to these terms and are representing that you have the authority to do so.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. When any changes are made, we will update the “Last Updated” date at the top of this document, so please check back in every now and then to ensure that you are still in agreement with our terms and conditions. Your continued use of the App after the revised policy is posted will be interpreted as your awareness and acceptance of the new terms.

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the App. Please note that our mandatory individual arbitration and class action/jury trial waiver provision applies to each clause.

HOW DO YOU EXPRESS YOUR ACCEPTANCE OF MIGHTY INVOICE’S TERMS?

By downloading, installing, registering with, or using the App, you demonstrate your execution of this Agreement and the Privacy Policy. This demonstration of your execution of the agreement is effective the date you registered or first accessed the App according to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act).

By downloading, installing, registering with, or using the App you acknowledge that you are able to electronically receive, download, and print this Agreement, the Privacy Policy, and any other agreements as required by our App.

2. OUR STANCE ON INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the App and the services are our proprietary property. All content on the App is owned or controlled by us or licensed to us, and is protected by copyright and trademark laws, various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions:

“Content”:

  • source code
  • databases
  • functionality
  • software
  • resume designs
  • audio
  • video
  • text
  • photographs
  • graphics

“Marks”:

  • trademarks
  • service marks
  • logos

The Content and the Marks are provided on the App “as is” for your information and for your personal use only. Except as expressly provided in these Terms and Conditions or another form of express written permission, no part of the App or the services and no Content or Marks may be:

  • copied
  • reproduced
  • aggregated
  • republished
  • uploaded
  • posted
  • publicly displayed
  • encoded
  • translated
  • transmitted
  • distributed
  • sold
  • licensed
  • otherwise exploited for any commercial purpose whatsoever

Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content, and the Marks.

3. REGISTRATION, ELIGIBILITY, AND REPRESENTATION

HOW CAN YOU REGISTER FOR AN ACCOUNT?

You may be required to register with the App in order to access our services. You agree to keep your password confidential and will be responsible for all use of your account and password.

To register for our App, you will need a valid email address, a physical address, and a printer to print out and retain records and notices in paper form or some form of electronic storage to retain these documents. To ensure that we can provide you with a smooth and efficient service, we require that you keep your address and email address current with us.

You may also register for the App by using Facebook or Google Plus. If you register via your social media accounts, you will be required to give us access to a limited amount of data from your account, comparable to what we ask for when you register by e-mail.

ARE YOU ELIGIBLE FOR AN ACCOUNT?

To use Invoice Genius’s services, we require that you register for an account. Our services are for business purposes only. To use our service:

  • You must represent that you are an independent business or self-employed individual
  • You must be age 18 or over to use our services and be able to form legally binding contracts
  • You must also be a U.S. citizen
  • You must live in a geographic area in which access to or use of our App is not prohibited by law, decree, regulation, treaty, or administrative act
  • You represent that you do not live in a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes
  • You represent that you will not use our App or services if you are identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List
  • You agree that if your country of residence or citizenship or other circumstances changes such that you are no longer eligible to use our App or services, then you will immediately cease using our our App and services

By agreeing to these terms and conditions you agree to:

(a) abide by this agreement and other obligations set out in our Service Agreement.

(b) be financially responsible in your use of the App. You may access and use the App for your internal business purposes and in accordance with our standard user documentation. This includes the right to download and use the App on compatible devices that you own or control. You may permit your employees and agents to use the Application on your behalf, but you must remain responsible for their acts, omissions and compliance with these Terms. We reserve the right to refuse, suspend, or revoke your access to our App and services upon discovery that any information you provided to us is untrue, inaccurate, or incomplete, or due to conduct that otherwise violates our terms.

When using the App, you will also be required to register with WePay in order to process payments with your customers. We will provide you with the link to register with WePay. When you register with WePay, you will agree with their terms of service and privacy policy. WePay is independent from Invoice Genius and we are not liable or responsible for any issues that you may encounter when using WePay.

By using our App, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms and Conditions
  • You will not access the App through automated or non-human means, whether through a bot, script or otherwise
  • You will not use the App for any illegal or unauthorized purpose
  • Your use of the App will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any services our users provide. You understand and agree that the content of the App does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the App’s content.

4. WHAT PAYMENTS ARE ACCEPTED AND HOW ARE PAYMENTS PROCESSED?

OUR POLICY ON PURCHASES AND ACCEPTED PAYMENT METHODS

We accept the following forms of payment:

  • Visa
  • Mastercard
  • Discover
  • American Express

You agree to provide current, complete, and accurate purchase and account information when using the App. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Merchants using Invoice Genius are required to accurately set the sales tax and/or sales tax percentages themselves. Merchants agree to provide accurate pricing for items for their customers. Customers using Invoice Genius agree to pay all charges that are displayed at the time of purchase along with any applicable shipping fees, and authorize WePay to charge the chosen payment provider for any such amounts upon placing the order.  

OUR POLICY ON FEES AND USER PAYMENTS

We believe fees should be presented transparently. Whenever you use Invoice Genius for a transaction, you will be charged a small transaction fee. This transaction fee is a combination of a fee by WePay and a fee by Invoice Genius. Total fees equal 3.5% + $0.30 for every transaction. All fees are nonrefundable.

The application includes features that allow you to receive payments from your own customers for invoices you generate through the app. These payments are processed through our payments partner (currently WePay) (“Payments Partner”), and if you use Invoice Genius, you must provide certain information requested by the Payments Partner.

Relationship with the Payments Partner (including use of your information and any fees you owe) are governed by the Payments Partner’s Terms of Service or other terms presented through the Product. If you agree to directly provide Invoice Genius with the same or similar information, we will handle the information as user data under these Terms and our Privacy Policy.

Any purchase or payment is solely between you and a customer; we are not party to your transactions and assume no liability or responsibility for your products, services or offerings. Invoice Genius is not your bank, agent, trustee, or otherwise involved in the flow of funds or payments. Any payment dispute must be resolved between you and your end customer. WE MAKE NO WARRANTY AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR INVOICE GENIUS PAYMENTS OR ANY DISPUTES, CHARGEBACKS, OVERCHARGES, DELAYED PAYMENTS, INSUFFICIENT FUNDS, EXPIRED CARDS, CIRCUMSTANCES BEYOND OUR CONTROL (INCLUDING WITHOUT LIMITATION POWER OUTAGES, SERVICE INTERRUPTIONS OR OTHERWISE) OR OTHER ISSUES RELATING TO TRANSACTIONS MADE THROUGH THE APP TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. WHICH ACTIVITIES ARE PROHIBITED BY INVOICE GENIUS?

You may not access or use the App for any purpose other than that for which we make the App available.

As a user of the App, you agree not to:

  • Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  • Make any unauthorized use of App by collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  • Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or the content contained therein
  • Engage in unauthorized framing of or linking to the App
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the App or the networks and services connected to the App
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the App in order to harass, abuse, or harm another person
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App
  • Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App
  • Delete the copyright or other proprietary rights notice from any of the Content
  • Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App’s services
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App
  • Use the App in a manner inconsistent with any applicable laws or regulations
  • While attorneys are welcome to use our App, they should not submit anything that constitutes or could reasonably be considered “confidential” or “attorney-client privileged” information. We take no responsibility and assume no liability for any data and the consequences of its use.

SOCIAL MEDIA

As part of the functionality of the App, you may link your account with online accounts you have with social media providers (each such account, a “social media account”) by either:

  1. Providing your Third-Party Account login information through the App
  2. Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account

You declare that you are entitled to disclose your social media account login information to us and/or grant us access to your social media accounts, without breach by you of any of the terms and conditions that govern your use of the applicable social media Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the social media account.

By granting us access to any social media accounts, you understand that:

  • We may access, make available, and store (if applicable) information –  such as name and address – that you have provided to and stored in your social media account (the “Social Network Content”) so that it is available on and through the App via your account.
  • We may submit to and receive from your social media account additional information to the extent you are notified when you link your account with the social media account.

Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You can deactivate the connection between the App and your social media account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such social media accounts.

6. WHERE CAN YOU FIND OUR PRIVACY POLICY?

We care about data privacy and security. Please review our Privacy Policy posted on the App. By using the App, you agree to be bound by our Privacy Policy, which is linked to in these Terms and Conditions.

Please be advised that the App is hosted in the United States. If you access the App from the European Union, Asia, or any other region of the world you acknowledge that you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.

USER DATA

We will maintain certain data that you transmit to the App for the purpose of managing performance. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

By using our App, you grant us a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, publicly perform and display, create derivative works of and modify any user data in order to provide you with the best user experience and to to operate, improve and maintain the App.

NOTIFICATIONS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon

COUNTER NOTIFICATION

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located
  • A statement that you will accept service of process from the party that filed the Notification or the party’s agent
  • Your name, address, and telephone number
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
  • Your physical or electronic signature

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

MightyInvoice LLC

8 THE GRN STE B

DOVER, Delaware 19901-3618

8. CAN YOUR ACCOUNT BE TERMINATED?

These Terms and Conditions shall remain in full force and effect while you use the App. Without limiting any other provision of these terms and conditions, we reserve the right to deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use of the App without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. WILL INVOICE GENIUS MODIFY OR INTERRUPT SERVICE?

We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.

We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms and Conditions will be understood to obligate us to maintain and support the App or to make any corrections, updates, or releases.

10. HOW WILL INVOICE GENIUS HANDLE DISPUTES?

These Terms and Conditions and your use of the App are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the App be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

  • No arbitration shall be joined with any other proceeding
  • There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
  • There is no right or authority for any Dispute to be brought by a purported representative capacity on behalf of the general public or any other persons

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
  • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
  • Any claim for injunctive relief
  • If this provision is found to be illegal or unenforceable, the Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

11. OUR DISCLAIMER

You agree that your use of the App and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the App’s content or the content of any Websites linked to the App and we will assume no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content and materials
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App
  • Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  • Any interruption or cessation of transmission to or from the App
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App
  • We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App, any hyperlinked Website, or any Website or mobile application featured in any banner or other advertising. We also will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 12 month period prior to any cause of action arising or $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. IF YOU ARE A CALIFORNIA USER AND RESIDENT, WHO SHOULD YOU DIRECT YOUR COMPLAINTS TO?

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112,

Sacramento, California 95834

or by telephone at (800) 952-5210 or (916) 445-1254.

13. INDEMNITY CLAUSE

Users of Invoice Genius will indemnify, defend (at our request), and hold harmless Invoice Genius and Mighty Invoice LLC  (and its affiliates and their respective employees, agents, officers, directors and customers) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) any customer data, (ii) customer’s negligence, misconduct or breach or alleged breach of these Terms, (iii) customer’s relationships or disputes with any of its own customers or business partners, including any invoice recipients, and (iv) any service, product or offering of customer used in connection with the App.

14. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the App. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

If you downloaded Invoice Genius from Apple’s App Store, then the following terms apply: These Terms are between you and Mighty Invoice, and not with Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. As described in Section 10 (Disclaimer of Warranties), to the maximum extent permitted by law, we do not make any warranties about the App. If the App is nonetheless deemed not to conform to any warranty that may be implied at law, you may notify Apple and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App, and, as between Apple and Mighty Invoice, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty will be Mighty Invoice’s responsibility. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. As between Mighty Invoice and Apple, Mighty Invoice is solely responsible for the App and for addressing any claims you or any third parties have about the App or your possession or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such claim.

16. HOW TO CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:

MightyInvoice LLC

8 THE GRN STE B

Dover, DE 19901-3618

support@invoicegenius.com