Last updated: October 18, 2016
These Terms of Service (the “Terms“) govern your use of the services, software and websites (the “Service”) provided by Inbill (the “Company”, “we”, “us”, “our”). Our Privacy Policy explains the way we collect and use your information when using the Service. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity (the “Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.
Your Data
The Service allows you to import and process financial data from your accounts at payment gateways, have this data processed in certain ways, and have new complementing data generated by us (together the “Data”). You retain ownership of your Data, but by importing it into the Service, you are granting us a license to use, copy, backup, process, adapt, host and display that Data for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.
We reserve the right to remove the Data on the Service that violates these Terms or that we otherwise reasonably believe may create liability for Inbill.
Your Obligations
- You must provide accurate information when you create your Inbill account.
- You are responsible for safeguarding the passwords and for all activities that occur under your account. You should notify Inbill immediately if you become aware of any breach of security or unauthorized use of your account.
- You may never use other accounts without permission.
- You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
Administrator Access to Your Data
When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as [email protected] or [email protected]) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Data that you have associated with the email address that includes their domain.
You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Data with an email address that includes an Entity’s domain, you are granting permission to have such Data shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Data associated with the email address that includes their domain.
Your Use of Third Party Applications
If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to your Data being shared with such third party application. To understand how such third party application provider utilizes your Data and other information, you should review their privacy policy.
Security
We will use industry-standard technical and organizational security measures in connection with the storage, processing and transfer of your Data that are designed to protect the integrity of that Data and to guard against unauthorized or unlawful access to, use of, or processing of such Data.
Termination
You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability.
Inbill’s Intellectual Property Rights
The Service (excluding Data provided by users) constitutes Inbill’s intellectual property and will remain the exclusive property of Inbill and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Modifications to the Service
The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.
Indemnification
You agree to defend, indemnify and hold harmless Inbill and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or from or in connection with any Data imported to the Service through your account by a third party using your account with your knowledge or consent.
No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INBILL IS NOT RESPONSIBLE FOR ANY THIRD PARTY DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING INBILL’S API).
The Service is controlled, operated and hosted in the U.S. jurisdiction. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INBILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT INBILL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. INBILL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO INBILL IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE 1 (ONE) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.
Dispute Resolution
Informal Efforts – You agree that prior to filing any claim against Inbill relating to or arising out of these Terms you will first contact us at [email protected] to provide us with an effort to resolve the issue in an informal manner.
No Class Actions – ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
Governing Law
These Terms will be governed by the laws of the State of Oregon, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Data Transfer
In connection with providing you the Service Inbill may transfer, store and process your Data in the U.S. or in any other country in which Inbill maintains facilities. By using the Service you consent to this transfer, processing and storage of your Data.
Entire Agreement; Severability; Waiver
These Terms constitute the entire agreement between you and Inbill concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Inbill’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.
Assignment
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
Notices
We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email or via our blog, which is located at the URL inbill.net/blog.