TERMS OF USE

Last Modified: 12/03/2022

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Invoice Maker, (Trademark applied for) (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of InvoiceMaker.com, including any content, functionality, and services offered on or through InvoiceMaker.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Definitions 

Member” refers to any person who maintains an Invoice Maker (IM) account and utilizes the services while also agreeing to keep an updated paid status for continued services and therefore is considered an active member.

Inactive Member” refers to any member who discontinues their membership. Inactive members will have access to, and the ability to, edit the work they created while being an active member but will not be able to create anything new.

Visitor” refers to anyone who uses our services that is not a “Guest” or a “Member” and has limited access to IM features and functionality.

Subscription” refers to the state during which a Member subscribes and is granted full access to IM features and functionality by submitting billing information and payment. Membership will renew each billing cycle until the Member discontinues their membership therefore cancelling their auto-payment. Subscribed member accounts will be referred to as a “Membership”

Membership” refers to subscribed member accounts. Membership and Subscription may be used interchangeably

Discontinue Membership” refers to deactivating your membership therefore converting your status to an inactive member and cancelling your recurring billing. An Active member can Discontinue their membership at any time.

Renew Membership” refers to the state in which an inactive member opts-in to reactivate their membership therefore restarting the recurring billing cycle. An inactive member can Renew their membership at any time.

Billing Cycle” or “Billing Period” refers to the periodic (monthly basis) and recurring (continuous, until discontinued) request for payment.

Support” refers to technical assistance provided to Guests and Members by IM Customer Support Agents.

Membership

Membership fees are billed on a subscription basis and will be billed in advance on a recurring and periodic Billing Cycle. Billing cycles are on a monthly basis. At the end of your billing cycle your membership will automatically renew under the exact same conditions unless previously canceled by you or by IM. Membership fees for the use of services are subject to change at the discretion of IM. If membership fees change we will provide notice in advance. Any changes to fees will not be applied to the billing period which the change occurred but billed on the following billing period.

A valid payment method is required to process your payment for your subscription. If you subscribe, you agree to provide true, accurate, current, and complete information including full name, address, state, zip code and any other valid information for execution of payment

You agree to keep access credentials (Username and Password) secure and confidential. You must immediately notify IM of any unauthorized use of your access credentials. You are responsible for all activity on your IM account. These access credentials are the property of IM and may be revoked at our discretion if shared with a third party, if compromised, or there is a violation of our Terms.

Should automatic billing fail to occur for any reason, IM will notify you in an attempt to collect payment. If no payment is made IM reserves the right to either suspend or deactivate your account.

May be subject to external fees based on payment method. Fees for payment transactions are subject to change without notice, unless otherwise prohibited, at the discretion of our payment partners

Termination

We may terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the terms of service.

All provisions of the terms shall survive termination, including, without limitations, ownership provisions, warranty disclaimer, indemnity and limitations of liability.

Upon termination your right to use the services will immediately cease. If you wish to terminate your account you may do so by simply discontinuing your membership.

Refunds

Membership plan cancelations must be made by the user directly through their Invoice Maker dashboard under the 'Subscription' tab. All cancelations will be processed, though the user will have access through the end of the current billing cycle.

Monthly Plans may be refunded at Invoice Maker's sole discretion and will be considered on a case by case basis. Annual plans are not eligible for a refund after 30 calendar days from activation (calendar days include all weekends and holidays). Refund requests may be submitted for consideration via a support request.

In-App Purchase Refunds

Invoice Maker allows In-App purchases (purchases made from inside an application on a mobile device such as a smartphone or tablet) through the Google Play Store and the Apple App Store applications. We do not have the ability to refund any In-App purchases. Members must contact the provider in order to request a refund as well as cancel/discontinue memberships.

Third Party Service Providers

You are responsible for making yourself aware of the terms of service and the privacy policy of the third parties whose platforms you choose to use. Your use of such third party applications shall be exclusively governed by and subject to the terms of service and privacy policy of the applicable third party and subject to the terms of service and privacy policy of the third party providers of such application.

If you use any of the services listed below, the linked specific additional terms and conditions apply. In the event that additional or specific terms are inconsistent with our terms and conditions, those specific terms control when using that application.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all invoicemaker.com

arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our

Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms [COMPANY TRADEMARKS], [the Company logo,] and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Terms of use payment and third party

Payment Processing

Users authorize a Payment Processing Service Provider to store payment information and other related information as well. Users also acknowledge that they are aware of payment processing fees charged by the Payment Processing Service Provider at a rate that is not determined by Invoice Maker. In full disclosure, Invoice Maker may receive a portion of the processing fee per our agreement with the Payment Processing Service Provider. Invoice Maker makes absolutely no representations and/or warranties and provides no assurances regarding the Payment Processing Service Provider regarding quality, availability, legality or description of payment processing services offered. Invoice Maker disclaims all warranties of merchantability, non-infringement, or fitness for a particular purpose with respect to the Payment Processing Service Provider or any other third party platforms offered. Third party platform charges and fees are nonrefundable and there are no credits for any services provided. All disputes regarding third party platform fees must be directed to the third party platform itself and will not be responded to through Invoice Maker or any of our affiliates.

Other Services

Venmo https://venmo.com/legal/us-user-agreement/

Cash App Https://cash.app/legal/ca/en-us/tos

Stripe https://stripe.com/legal

Third Party Accounts and Services

Invoice Maker is not obligated to review any information for any reason or purpose. It is entirely your responsibility to ensure the accuracy of any information provided to us or any third party service providers in connection with any of the available services you choose. Additional terms and conditions may apply to your use of the third party platforms such as Stripe (https://stripe.com/ssa) and WePay (https://go.wepay.com/terms-of-service-us/). Access to, and conditions of use of services, provided by the third party may be in accordance with the Terms of Use published by the third party platform.

Access to online banking, online payments, online invoicing and other services related to payments are provided by financial institutions other than Invoice Maker. You acknowledge that use of any third party platform is at your own risk. You agree to hold harmless and release Invoice Maker from any liability relating to your use of such online services. The use of third party platforms is completely optional and information is independently shared between the user and the third party platform. Please be aware that Invoice Maker does not manage third party account information or have access to any financials provided to third party platforms. For technical support relating to third party platform accounts please visit https://support.wepay.com/hc/en-us for Wepay or https://support.stripe.com

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct [or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.