The agreement's purpose is to create a licensing contract between you and Mobsted Ltd ("Mobsted", or the Service provider of Billto.me) and to provide a guidance on financial and legal issues, while using the Billto.me online "Service", which includes non-exclusive usage of all of the software, systems, servers, hosting, GPS data, storage, data transferring, documentation, guides, media, and other systems and content created and made available by the Service, it's affiliates/partners and other contributing parties.
By clicking Accept on this agreement or in any other place, referring to this agreement, or by synchronising your data, or by making a payment, you fully agree to the terms of this licensing agreement. If you enter this agreement you confirm that you have the legal right or any other kind of authority to enter this agreement on either your own behalf of the behalf of another legal entity, which you sign up for theService. In any case the term YOU (or any derivative) refers to THE legal entity entered into this agreement. In case there is not legal right for you, based on your jurisdiction, to enter to this agreement, you shall not accept this agreement under any circumstances and must not use the Service.
The only case, which invalidates this agreement, is when your organization has a separate agreement confirmed with the Service provider, signed, or otherwise stated, explicit consent. Any comments received via email, voice or other form of communication, are not amendments to this agreement, do not overlap anything nor act as appendixes.
This agreement is enacted the moment you accept it. The Service is licensed to You, not sold. Any rights, not expressly granted to you herein are reserved. 1. Change of terms
1. We reserve the right to change any of the terms of the Service's agreement anytime. All updates made to this agreement are effective immediately upon posting it at www.billto.me/terms
2. We will notify you of changes made to this agreement via email, if we consider amendment as of importance
3. Continuing usage of the Service means you fully accept all amendments 2. Forbidden and Abusive uses
- All content, which you create and transact within the Service is fully yours and your transacting parties. You are the only party liable for any kind of content or transaction done with the Service.
- We will not assume or have any kind of liability for any of our action or inaction with respect to your usage of the Service or your content or any of your transactions.
- All kinds of modification to the Service is forbidden, except to the mobile services which are featured in your own space or in templates space.
- Any efforts to copy parts or gain access to the source code in any way
- Re-sell in any way any part of the Service
- White label the service without explicit Service provider's consent
- Engaging in any kind of unlawful, fraudulent, deceiving, activity through the Service
- Storing or transmitting anything, which may constitute or encourage in any way any kind of criminal conduct or be considered as illegal activity, violate right of any third party or lead to any kind of legal prosecution, – under any jurisdiction.
- Usage leading to interference or disruption of the Service
- Any effort to access other accounts within the Service
- Any other case at Service provider's discretion
3. Fees and Service
- Sending any kind of unsolicited communication. We reserve the right to create algorithms judging and stopping such communications at out discretion at any moment at any stage, including getting recipients feedbacks on such communications.
- Sending any kid of offers competing with any parts of the Service
- The Service will not allow sending any communications if the recipient has explicitly forbidden such type of a communication.
- Any other case at Service provider's discretion
- We reserve the right to discontinue or suspend the Service or any parts of it at any time, or request you to change anything with a timetable to comply, with or without any prior notice.
4. Auto renewal and canceling
- You agree to pay to the Service provider any fees for each service you purchase or use through Billto.me or it's affiliates., including any pay-as-you-go and over the limit fees described below in full accordance with the pricing policy at www.billto.me/ .
- Service provider reserves a right to unilaterally change the price of any products, services and licensees purchased through Billto.me, but agrees to informing you, 30 days before a new billing cycle, of any changes. If you do not agree with these changes, you can cancel your Service through account management tools.
- In addition to fees paid to the Service provider you may incur third party charges from using the Service, for example, mobile data fees or roaming charges.
- Service provider charges your account monthly, quarterly or annually, depending on a usage plan chosen
- Entering your payment details in any way means you authorize the Service provider to charge you with the selected amount of monthly subscription and for all pay as you go services, including over limit charges.
- You must keep all your billing information current and notify us if anything changes. You must change you billing information, if you need to, at least 5 days prior to your Service expiration so that no charge attempts will be made on your old payment method.
- Service fees are non-refundable and you may use the Service until the pre-paid period is over. Except when prohibited by Law.
- Service provider has the right to apply late charges on your account as well as reimbursments of any costs incurred because of your late payment, except when prohibited by Law. The amount of late charges shall be no more then 10% of your monthly (or 2% of annual).
- Service provider has the right to suspend your Service if you don't pay on time more then three times, or late more then 4 weeks at once.
- Service provider has the right to withhold due fees and late fees, if you are registered as a merchant and take payments through the Service provider's integrated payment systems or it's affiliates.
5. Payment plans: free plan, fixed service fee and extra charges
- Your subscription will automatically renew at the end of your billing cycle, unless you cancel it in your account settings. If cancelation is not done 1 day prior to the end of your billing cycle your subscription is prolonged for the next billing period.
- Canceled service will be active until the end of your billing cycle. No funds are refundable at this point. Please, help us understand what went wrong, if we contact you before subscription cancelation.
- If you are saving with an annual subscription, your service will continue until the very end of the pre-paid period. We are sure that you will stay with our service for a long time, but still we encourage you to start saving with annual pre-pay after first 1-2 months of automatic monthly renewals.
- You can cancel your subscription anytime, including in cases when Mobsted unilaterally informs you of the new pricing policy, if those instances ever occur.
6. Storage and processing location
- You are free to connect as many separate legal entities to the Service from ONE account at your bookkeeping solution, such as QuickBooks.
- Any amount of invoices can be sent.
- Service's PAIN PLANS count the amount of invoices created in your accounting and charge per invocie on top of fixed Service fee.
- Cost of each invoice on PAID PLANS is set in your account settings.
- Invoices on a FREE plan are FREE for any PAID PLAN plans, so if in any month you do not go over set limit, this Service will be free of charge.
- If you over limit a FREE account in the number of invoices sent your service will NOT interrupt in any way. You account will be automatically upgraded to the PAIN PLAN, with the lowest available monthly service fee. You will be immediately notified of that fact.
- If you are on the annual pre-paid plan, the annual savings discount will be also applied for the monthly calculation.
The service is provided from the USA and hosted at the USA based servers. By using it you understand and agree that storage and all processing of all the personal information, which you store about yourself and/or your customer is done in the United States. Service provider reserves a right to change storage/processing locations to other countries, but will make a reasonable effort to inform you if storage location is changed with at least 7 days notice. 7. Account security and confidentiality
8. Service updates, versions and property rights
- The Service provider NEVER shares, sells or otherwise uses anything entered by you during your usage of the Service. We reserve the right to study your data with our internal analytics tools to learn of and create various ways of improving the Service.
- We will only restore your access to the Service, if you loose your password, with a full confirmation of your identity through either current and valid mobile phone number or email address. All other requests will not be granted.
- You will store your access information in a safe place and not let any unauthorized party to use it or grant any unauthorized party any kind of access as user with any kind of rights into your account within the Service.
- If you suspect any kind of misuse of unauthorized access to your account, you must contact BIllto.me Service immediately via your account'd home page, in email or in online chat at https://Billto.me
- You are fully responsible for everything done within your account. The Service or any partner/affiliate will not be held responsible for any loss or damage from any unauthorized use of your account.
9. Service "AS IS"
- Service provider has the right to make necessary scheduled and unscheduled changes or rearrangements to the Service at any time, as well as to fully stop the entire service or it's parts.
- These may include any parts of the Service and its functions, design, logic, interfaces.
- We will do best reasonable actions to keep the Service up and running and to keep you up to date on all changes, however we will not assume or hold any responsibility to any damages or losses incurred from such our action or inaction.
- All updates to the Service created with your feedback, comments, requests belong perpetually and free of any fees to Service provider and affiliates at our own discretion. Any of the amendments to any part or any version of the Service can be made available to third parties at Service's own discretion.
- Service provider has the right to study your usage of this Service, with any tools necessary, derive and use knowledge on the royalty free, perpetual and irreversible basis to update any part of the Service or add new parts, and to make parts and updates derived from such studies available to third parties, including other licensees of the Service.
11. Indemnification and Liability
- The Service is provided on the "AS IS" basis, with "ALL THE FAULTS" and "AS AVAILABLE".
- Service provider claims no promises and gives no warranties, express, implied, statutory or otherwise, that the Service will: be free of errors; be uninterrupted; be free of harmful content; be secure; never lose or damage content or data; be of satisfactory quality or fit for a particular usage intention; be non infringing; be of ordered speed and power.
- You will defend the Service provider and it's affiliates, related to this Service, against any liabilities, which come up from any third party claims of your usage of the Service or any content, which you or your counter parties put in the Service. The Service provider will take reasonable actions to notify you of such claims or demands.
- The Service provider reserves a right to unilaterally take down any parts of your usage of the Service, if such demands come in a legally obliging form.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOBSTED, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USAGE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF MOBSTED HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MOBSTED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE LESSER OF EITHER AN AMOUNT EQUAL TO COST OF THE LAST SIX MONTHS OF SERVICE TO YOU OR $1000. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
13. Intellectual Property
- The terms of this agreement supersede anything else that could have been stated, written or said in any way.
- The term of this agreement always apply to the maximum, which is permitted by Law. If in any case it will be legally proven that a part of the agreement cannot be enforced, we agree to substitute it with another text with the same intention and spirit, which will comply with the Law. Other parts remain in effect.
- The Service and it's owners may assign or transfer all or any part of rights and obligations to any third party without prior notice or approval. You have no right for such unilateral actions and if you may need it, you will contact the Service and receive a written permission.
- This contract rules our relationships as independent contracting parties, not as legal partners, agents or anything else. The purpose of this contract is for our mutual benefit only or of our successors.
- All claims are to be filled within one year time after and actual occurrence. After that period any claim is waived.
- If you are a U.S. Government entity, you acknowledge that anything provided within the System is "Commercial Items" as defined at 48 C.F.R.2.101 and is being provided as commercial computer software subject to 48 C.F.R.2.101 and 12.212.
14. Our Details
- All contents of the System, patents, patent applications, trademarks, design and copyright material are the intellectual property of the Service provider. Nothing can be copied, used, imitated in whole or in part without its prior written permission. Integrated products and services are also properties of their respective owners.
- This Service is provided by Mobsted Ltd - mobsted.com
- You can contact the Service provider at [email protected]