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Terms of Service
Updated 26 August 2019
You as a “Client” agree with “Invisible” (Invisible Technologies Inc.) to these “Terms of Service” (the “Agreement”):
1. Services and Pricing
These Terms of Service govern the use of the Invisible website http://inv.tech (the “Site”) as well as ordering, receiving, or using through any communication channel any speciﬁc digital “Work Product” or “Services” by Invisible –– including either standard "Solutions" at current "Pricing" ordered through the Site, or any “Custom Services” at “Custom Pricing” by separate mutual written agreement.
All Services require a minimum three month “Commitment”, cancelable by Client with 30 days written notice. A longer Commitment may be mutually agreed to in writing. Invisible may change Pricing or Custom Pricing from time to time, however any such changes shall take effect for Client only upon expiration of Client’s current Commitment and with Client’s prior written approval.
Invisible shall provide Client a password-protected customer portal (“WebApp”) showing credits for payments, and debits for Services delivered (“Usage”), and any other debits and credits. Client may dispute charges within 14 days of posting, and Invisible will issue service credits if such disputes are determined to be valid. Client shall maintain a prepaid balance at all times, and shall make additional payments as necessary. Each purchase shall be applied to Usage and other costs for 60 days, on a first in first out basis, after which any remainder shall expire (“Roll Off”). No cash refunds shall be given.
4. “Third Party Costs”.
Client shall pay for any third-party cost requested by Client, for which Client provides specific prior written approval, including relevant specific instructions including when to “start”, a monetary amount or budgetary range, and any other constraint chosen by Client.
You agree to receive emails, texts, phone calls, or video conferences from Invisible. You give Invisible permission to record phone calls or video conferences with you, unless you specifically instruct Invisible not to make any such recording. Invisible will record phone calls or video conferences only if permission is expressly given by Client at the beginning of any such instance.
6. “Client Information”.
Any information Client owns and shares with Invisible to support performance of Services shall remain solely Client property. Upon Client’s speciﬁc request by email, Invisible shall delete all copies it has of any Client Information on the platforms and ﬁles owned or controlled by Invisible. Whether or not Client specifically requests such deletion, Invisible shall delete all such Client property within 30 days after termination of this Agreement.
7. Use of Work Product.
Any specific Work Product delivered to Client shall be licensed to Client free of additional fees for any legal use, including resale, renting, or licensing by Client to third parties; except, however, that any portion of the Work Product which consists of computer code or other Intellectual Property of Invisible Technologies Inc. shall require a prior separate written agreement between Client and Invisible specifying license terms for the Intellectual Property. All licenses shall survive termination of this Agreement. Client must comply with all applicable law when using the Services.
Invisible continuously develops digital and human-centered security protocols. Client understands that Invisible relies on human operatives and third-party vendors to provide the Services, and that vendors may fail, and humans may make mistakes. Client understands that no security system is perfect, and that there is a risk of data breach that cannot be controlled absolutely, whether internally or from persistent external threats. Client understands that Invisible may or may not carry cyber insurance to mitigate damages in the event of a data breach. Client agrees to hold Invisible harmless, and agrees that Invisible cannot be held liable for any injuries or damages resulting from any data breach unless such data breach is the direct result of Invisible’s negligence.
9. No Assignment.
This Agreement may not be transferred or assigned in whole or in part, by operation of law or otherwise, by either party without the prior written consent of the other party.
10. No Warranties.
Invisible does not make any specific or general, implied or express warranties or guarantees about the Services, or their accuracy, reliability, availability, data security, or suitability for Client’s purposes. Services are provided “as is” and “when available”.
11. Limited Liability.
Invisible will not be liable for any direct, indirect, consequential, or incidental damages, or lost profits. In no event will either party’s or its affiliates’ total liability to the other party for all damages, losses, and cause of action arising out of or relating to this Agreement (whether in contract or tort, including negligence, warranty, or otherwise) exceed the fees paid by Client to Invisible hereunder.
If any provision of this Agreement is found to be invalid by an arbiter or court of competent jurisdiction, the remaining provisions shall remain valid and binding on the parties.
13. Mediation and Arbitration.
Any disputes arising out of this Agreement shall first be negotiated between the parties in good faith. If such dispute is not resolved within 30 days, the parties agree to submit the dispute to binding arbitration in the city and county of San Diego, under California law.
Client or Invisible may terminate this Agreement at any time, with or without cause, but these clauses shall survive Termination: 6 – Client Information, 7 – Use of Work Product.
Any “Notice” under this Agreement shall be delivered by email, to the Company at firstname.lastname@example.org, or to the Client at an email address Client shall provide to Company through the Site upon registration or signup or upon updating their client profile or by written agreement and electronic signature, or to such new email address as either party may request in writing in the future.