Terms of Service
Updated 4 June 2019
You as a “Client” agree with “Invisible” (Invisible Technologies Inc.) to these “Terms of Service” (the “Agreement”):
These Terms of Service govern ordering or using any speciﬁc digital “Work Product” as an instance of “Services” described at https://inv.tech/ (which includes descriptions of Prices, Methods of Payment, and Statements to be provided to Client).
2. Intentional Acceptance
Your careful review and intentional acceptance of these Terms of Service is required prior to beginning to use the Services, documented by marking the checkbox below.
Invisible may revise the Terms of Service, by email notice and by posting updates at https:// inv.tech/tos; each revision requires an “Intentional Acceptance”.
4. Client Information
Any information Client owns and shares with Invisible to support performance of Services shall remain solely Client property.
5. 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.
6. Deletion of Client Information
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.
Client or Invisible may terminate this Agreement at any time, with or without cause, but these clauses shall survive Termination: 4 – Client Information, 5 – Use of Work Product.
8. 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.
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.
10. 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.
11. 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”.
12. 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.
14. 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.
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.
16. Client Balance
Invisible shall communicate to Client a monthly cumulative statement crediting payments by Client minus Client’s usage of Services or other fees or costs (the “Client Balance”). Client shall maintain a net credit balance (a prepaid balance) at all times, and shall make additional payments to Invisible on demand as necessary to comply with this requirement. A credit balance at the end of any month shall roll over and remain available to Client for one additional month to pay for additional Services, fees, or costs, but thereafter expire if there is no further Client activity. No cash refunds shall be given.