In force as from: January 20, 2016.
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].
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.
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:
- You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory.
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.
Any questions, complaints or claims with respect to the Services can be directed to: [email protected].