inBudget Terms of Use and User's Agreement

In force as from: January 20, 2016.

By accessing or using the inBudget website, located at www.inbudget.net, or the inBudget mobile application, or any successor websites and applications, including any and all international or mobile versions thereof (the "Services") or by otherwise accessing any portion of inBudget 's programs you ("you") agree to be bound by this inBudget Terms of Use and User’s Agreement (this "Agreement") and any agreements, policies and other documents incorporated by reference herein. In addition, if you wish to become a registered user of the Services ("User", “you”), please read this inBudget Terms of Use and User’s Agreement and indicate your acceptance by clicking the I agree checkbox on inBudget Registration Form. For avoidance of doubt, Apple, Inc. ("Apple") is not a party to this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this inBudget Terms of Use and User’s Agreement at any time without further notice. If we do this, we will post the at www.inbudget.net/terms-of-use and will indicate at the top of that page the date these terms were last revised. Your continued use of the Services after any such change constitutes your acceptance of the new inBudget Terms of Use and User’s Agreement. If you do not agree to this or any future inBudget Terms of Use and User’s Agreement, you may not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Services to determine if there have been changes to this inBudget Terms of Use and User’s Agreement and to review such changes.

Should you have any questions, want to receive a written copy of this Agreement, need technical support or have complaints or claims with respect to the Services, you may contact us by email [email protected].

This Agreement will remain in full force and effect while you use the Services. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized, unlicensed and in violation of these inBudget Terms of Use and User’s Agreement. Fees for Services are stated at www.inbudget.net and could be changed unilaterally by us from time to time and at any time. Any time you use Services you confirm you acceptance to new fee rates. You agree to (a) provide accurate, current and complete information on any registration forms on the Services ("Registration Data"); (b) maintain the security of your password (if any) and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You consent to receiving communications and notices from us at the email address you provide in your Registration Data or otherwise elect in your account settings.

The Services are for the use by Users in their individual capacities and may not be used in connection with any commercial or other endeavors, and may not be duplicated, resold or assigned by you. Organizations, companies, and/or businesses may not use the Services. Illegal and/or unauthorized uses by you of the Services, including collecting user names and/or email addresses of Users by electronic or other means for any reason, including, but not limited to, the purpose of sending unsolicited emails and unauthorized framing of or linking to the Services is a violation of this Agreement, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress.

All content on the Services and their selection and arrangement, but excluding User Content (the "Services Content"), are our proprietary property, with all rights reserved. No Services Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Subject to these inBudget Terms of Use and User’s Agreement, you are granted a limited non-transferrable license to access and use the Services and the Services Content on any device you legally own or control subject to any terms of use associated with that device, and to download or print a copy of any properly-accessed portion of the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. You further agree not to access (or attempt to access) any of the Services by any means other than through the interfaces provided by inBudget. You may not rent, lease, lend, sell, redistribute, or sublicense any portion of the Services. Unless explicitly stated herein, nothing in these inBudget Terms of Use and User’s Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. We may revoke this license at any time without notice and with or without cause.

We reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services or any features within the Services at our sole discretion and without prior notice to you.

While we may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by us at any time, at our sole discretion, and without prior notice to you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

InBudget logo and other our graphics, logos, designs, page headers, button icons, scripts and service names are our trademarks. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Your account, transaction, and envelope information, and other information that you may from time-to-time provide to the Services (collectively, "User Content") belong to you and will be used solely to provide the Services to you in ways consistent with this Agreement. By providing the User Content, you automatically grant and you represent and warrant that you own or have the necessary license, rights, consents and permissions to grant, to us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, display, adapt, modify, distribute, perform and publish within the Services and for the purpose of providing the Services any content which you provide to the Services. Your account, transaction, and envelope information will only be published in a manner that is accessible through your account.

If you post User Content that is intended and understood to be publicly accessible, including all submissions to our blog and forums, you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, display, adapt, modify, distribute, perform, publish and create derivative works of such content with no further accounting to you as long as attribution to you as author is preserved.

You understand and agree that You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post on the Services or provide to us.

You also agree to the following:

1. You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory.
2. You will not facilitate or encourage any violations of this inBudget Terms of Use and User’s Agreement.
3. You will not post anyone's social security, driver's license, credit card, debit card, or bank account numbers or other similar content, including your own, on the Services. Use of the Services is also governed by our Privacy Policy available at privacy policy.

Except with the "Free" plan, we charge a subscription fee ("Subscription Fee") for the duration of your use of the Services. In this document, "Period" refers to the subscription interval for which a Subscription Fee is charged and Services are provided. A single Period can be one month but can be changed by our sole discretion.

If the payment of your Subscription Fee fails for any reason, your account may be suspended or some of account options or services may be limited until the Subscription Fee is paid. The Subscription Fee for each of the Services is dependent on the Service. We reserve the right, at any time, to modify its Subscription Fee and billing methods.

Subscription Fees may be charged to your account in advance on a periodic basis. You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on your Subscription Fee.

All Services are made available on a periodic basis through the inBudget website, or for a single period if purchased through the Apple App Store. Periodic subscriptions will be automatically renewed by us unless you disable a Service or disable automatic renewal. You can cancel your subscription at any time. Learn how to view your subscriptions that renew automatically and turn off Automatic Renewal. Disabling any Service (cancel your subscription) may cause the loss of content, features or capacity of your account. Canceling your account/subscription can cause the immediate loss of all Content, features and capacity of your account/subscription. This information cannot be recovered and inBudget does not accept any liability for such loss.

We, in our sole discretion, may immediately terminate this Agreement, your account and all current or future use of the Services, for any reason at any time. Termination of your account includes removal of your access to all Services, and the forfeiture and relinquishment of all User Content in your account and lost all of your data and information. We reserves the right to refuse services to anyone for any reason at any time.

When we receive proper notification of alleged copyright infringement, we will investigate and may remove or disable access to the allegedly infringing material and may terminate, in our sole discretion, the accounts. We may also, at our sole discretion, limit access to the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Services infringes upon any copyright which you own or control, you may contact us. We will assess the material and may remove the material from public viewing.

Use of the Services may require Internet access. User agrees to accept any additional terms of service of any third party service required to access the Services. The Services contain or may contain in the future (or you may be sent through the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, items and other content belonging to or originating from third parties (the "Third Party Components"). Such Third Party Sites and Third Party Components are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the acts or omissions of any Third Party Sites or Third Party Components. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Components, you do so at your own risk and our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Services to which you navigate from the Services or relating to any Third Party Components.

In order to promote the Services, we may supply widgets that allow you to incorporate your content in Third Party Sites. If you choose to use such widgets, you give us permission to export to Third Party Sites some features of your profile. Such features that may be exported to Third Party Sites include, but are not limited to, your name and picture. Widgets we supply will clearly indicate what information they will export to Third Party Sites.

DISCLAIMER OF WARRANTIES

a) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, INBUDGET AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS EXPRESSLY DISCLAIM TO YOU ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) WE, INBUDGET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS MAKE NO WARRANTY TO YOU (i) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR GENERATE BENEFIT (INCLUDING WITHOUT LIMITATION ECONOMIC BENEFIT) TO YOU; AND (iv) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES SECURITY AND UNAVALABILITY TO THIRD PERSONS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE.

c) ANY MATERIAL OR INFORMATION DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE USE OF THE SERVICES IS MADE AVAILABLE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, LOST OF CONNECTION OR USE OF ANY SUCH MATERIAL OR INFORMATION.

d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL NOT CREATE ANY WARRANTY AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, INBUDGET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTS, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAYSPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US AND INBUDGET ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE EQUIVALENT OF ONE (1) PERIOD OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU.

If there is any dispute about or involving the Services, you agree that the dispute will be governed by the laws of Republic of Latvia and will be resolved in a relevant state or court of Republic of Latvia.

INDEMNITY

You agree to indemnify and hold us and inBudget, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services, any User Content you post on or through the Services and/or arising from a breach of this inBudget Terms of Use and User’s Agreement.

We may assign any of our rights or obligations under this Agreement to any person without any notices to you. You acknowledge and agree that in the event such a transaction occurs, these persons will be entitled to provide the Services to you in accordance with this inBudget Terms of Use and User’s Agreement and the Privacy Policy.

This inBudget Terms of Use and User’s Agreement (together with any agreements, policies or other documents incorporated by reference herein), accepted upon each time of use of the Services and further affirmed by becoming a registered User, contains the entire agreement between you and us regarding the use of the Services and/or the programs offered by inBudget. If any provision of this inBudget Terms of Use and User’s Agreement is held invalid, the remainder of this inBudget Terms of Use and User’s Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these inBudget Terms of Use and User’s Agreement will not constitute a waiver of such right or provision in that or any other instance. If any provision of these inBudget Terms of Use and User’s Agreement is held invalid, the remainder of these inBudget Terms of Use and User’s Agreement will continue in full force and effect. If any provision of these inBudget Terms of Use and User’s Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these inBudget Terms of Use and User’s Agreement and will not affect the validity and enforceability of any remaining provisions. These inBudget Terms of Use and User’s Agreement are in the English language only, which language will be controlling in all respects, and all versions hereof in any other language will not be binding on the parties hereto. All communications and notices to be made or given pursuant to these Terms of Use will be in the English language.

CONTACT INFORMATION

Any questions, complaints or claims with respect to the Services can be directed to: [email protected].