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InflatableOffice’s End-User License Agreement (“Agreement”)
INFLATABLEOFFICE SOFTWARE IS LICENSED ON A MONTH TO MONTH SUBSCRIPTION BASIS, NOT SOLD. USE OF THIS SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS. CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE. USE OF SOFTWARE INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ANY ADDITIONAL OR DIFFERENT PURCHASE ORDER TERMS AND CONDITIONS SHALL NOT APPLY. IT IS IMPORTANT THAT YOU READ THESE TERMS AS A CONDITION OF OPENING YOUR ACCOUNT WITH INFLATABLEOFFICE OR CONTINUING SERVICES AS THEY SUPPLEMENT ALL ORDER FORMS AND CONTROL YOUR SUBSCRIPTION.
Clicking “accept” or installing and/or using the Software (defined below) establishes a binding agreement between InflatableOffice, LLC (“InflatableOffice”) and you as the person or entity licensing the Software (“Customer or You”); provided that if you are accepting this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "Customer" refers to such entity. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY RETURN, HALT USE, OR IF RECEIVED ELECTRONICALLY, CERTIFY DESTRUCTION OF SOFTWARE AND ALL ACCOMPANYING ITEMS, AND YOU WILL RECEIVE A FULL REFUND OF ANY LICENSE FEE PAID. This Agreement contains the parties' entire understanding relating to the subject matter and supersedes all prior or contemporaneous agreements.
- “Customer Data” means all electronic data, content and information submitted by you for processing or delivery to enable your use of the Services.
- “Account Data” means your contact and billing information and may include personally identifiable information, submitted by or collected from you in conjunction with opening, administering or closing your account.
- “System Data” means all data, content and information in the nature of deidentified or aggregate system administrative data, statistical and demographical data, and operational information and data generated by or characterizing the use of the Services.
- “Services” and “Service” or “Software” means the online, web based applications, mobile applications, integration applications, and platform provided by InflatableOffice to which you subscribe through an Order Form, and all enhancements, upgrades, and extensions thereto that may be provided by InflatableOffice from time to time.
- "Order Form" means a purchase order, signed proposal, Services quotation or other written or electronic document in which you subscribe to the Services, specific geographic platforms, number of users or usage limits and/or choice of features, together with any other applicable requirements and restrictions. The Order Form is part of this Agreement, and its terms prevail in the event of any conflict with this Agreement.
- “Malicious Code” means unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
- PERFORMANCE GUARANTEE
We offer a money back guarantee on 100% of a year's subscription costs if you meet the following conditions. First give us your most recently completed fiscal year's gross sales when registering. At the end of your first twelve consecutive months of using InflatableOffice as your main method of operating your business, if you show less than 15% growth in gross revenue comparing the most recently completed calendar year before you started using InflatableOffice to the first 12 months once you start actively using InflatableOffice for your company, you may qualify for the guarantee. You are required to cancel your account with us and submit verification of your past year's and current year's sales via copies of your tax returns or equivalent documents as determined by InflatableOffice. You have two months after your first year is complete to submit for the guarantee. If you are closing or selling your business, the guarantee is not valid for you or the new owner. If you have met these conditions, we will return 100% of your subscription costs for the 12 month period of using InflatableOffice being used to verify compliance.
- FEES AND PAYMENT
InflatableOffice bills month-to-month and will not refund any money for a month that has already begun. If you paid in advance for services, InflatableOffice will refund money for future unused services. However, at that point you forfeit any special pricing due to the advance purchase and the refund will reflect full price for previously used services. If your subscription payment is not received, service will continue for a 10 day grace period. At the end of the grace period if you still have not paid, your account will drop to a Limited account where only 10 rental items are available for use. After a month or more of not paying, your account will not be accessible until you pay the amount owed for the month or more missed. If rental items are being used as categories and accessories are being used as rental items, InflatableOffice reserves the right to count accessories in determining the software cost for the customer and the appropriate plan that you should be in.
- OWNERSHIP; GRANT OF LICENSE
- Software, including all releases provided as part of Support, copies and documentation, is copyrighted, trade secret and Confidential Information of InflatableOffice, who maintains exclusive title to all Software and retain all rights not expressly granted by this Agreement. InflatableOffice grants to Customer, subject to Customer’s compliance with the Agreement terms including but not limited to payment of applicable license fees, a nontransferable, nonexclusive, non-sublicenseable, license to use Software solely for Customer’s business purposes.
- Customer agrees that purchases under this Agreement are not contingent on the delivery of any future functionality or features, and are not dependent on any oral or written comments made by InflatableOffice or its representatives regarding future functionality or features. Any inventions, product improvements, modifications or developments made by InflatableOffice are InflatableOffice’s exclusive property. Customer agrees to permit InflatableOffice to use anonymous data for statistical purposes.
- Availability of Service. InflatableOffice will provide the Service on its servers, or the servers of selected Third parties, and will use commercially reasonable efforts to make the Service available to you twenty four hours a day, seven days per week, three hundred sixty five days per year, except for certain previously scheduled service and maintenance or in the event of emergency or events of force majeure. Notwithstanding the foregoing, InflatableOffice will not be responsible for any downtime or failure to meet such Service availability goals. InflatableOffice will make good faith efforts to perform service and maintenance to the Service outside of your peak usage hours. You acknowledge that availability of the Service may be affected by: (i) telecommunication network activity or capacity; (ii) hardware failures; and/or (iii) compatibility with third party communication equipment, Internet access software and/or browsers not in accordance with the Service requirements. InflatableOffice disclaims, and Customer agrees to hold harmless InflatableOffice, for any and all responsibility for any service interruption in connection with such activity, capacity, failure and/or compatibility related to such causes or beyond its reasonable control.
- Ownership of Customer Data. As between InflatableOffice and you, you exclusively own all rights, title and interest in and to all Customer Data. You are solely responsible for the content of your Customer Data. You will secure rights in Customer Data necessary for InflatableOffice to provide you the Services without violating the rights of any third party, or otherwise obligating InflatableOffice to you or to any third party.
- License to Use Customer Data. You hereby grant to InflatableOffice a limited, royalty free, nonexclusive right and license to use, copy, display, perform, and modify the form or format of Customer Data but only as reasonably necessary to perform the Services.
- Protection of Customer Data. Although total security does not exist on the Internet, InflatableOffice shall make commercially reasonable efforts to safeguard the information that you submit by maintaining appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. InflatableOffice shall not (i) modify Customer Data, or (ii) disclose Customer Data except as compelled by law or as expressly permitted in writing by you. To the extent that Customer Data constitutes personally identifiable data identified by you, when InflatableOffice has notice of personally identifiable data, InflatableOffice agrees to comply with all applicable privacy laws regarding such data. InflatableOffice acknowledges that personally identifiable data within Customer Data are as follows: first name, last name, email address and phone number.
- InflatableOffice’s Use of System Data. All System Data is owned exclusively by InflatableOffice. InflatableOffice may make any legal use of such System Data without notifying you or sharing such data with you. Specifically, InflatableOffice may publish and share System Data with others in aggregate or statistical form to promote the Services and for evaluating the efficiency, utility and functionality of the Services. InflatableOffice, however, agrees that no System Data will be disclosed to others in any way that would identify you or your personnel or disclose any Customer Data, unless approved by you in writing or unless such System Data is provided to a third party who is under agreement with InflatableOffice to protect and limit the use of such System Data.
- Compliance with Laws. Notwithstanding anything to the contrary in this Agreement, InflatableOffice may preserve or disclose all information that is or comes into InflatableOffice’s possession or control, including Customer Data, Account Data, and/or System Data, if InflatableOffice believes that it is reasonably necessary to comply with applicable law, regulation or a lawful order from a competent judicial, administrative or law enforcement authority with jurisdiction over InflatableOffice or such information. U.S. law authorizes InflatableOffice to respond to requests for user information from foreign law enforcement agencies that are issued via U.S. courts either by way of a mutual legal assistance treaty or a letter rogatory. It is InflatableOffice’s policy to respond to such U.S. court ordered requests when properly served.
- AUTHORIZED PARTY DESIGNATION
- Authorized Officer.
InflatableOffice understands that many of its Customers are business entities and are often owned, managed and controlled by more than one person. As part of the initial account setup process, each Customer shall certify to InflatableOffice one person who shall serve as Authorized Officer (AO) on an account. Customer shall certify to InflatableOffice who shall serve as AO on an account by submitting a certified corporate resolution stating the name, address, and contact information of the person designated to fill this role. In the event that InflatableOffice does not receive a certified corporate resolution naming an individual as AO as specified herein, the AO shall be deemed to be the individual that is original registrant on the account with InflatableOffice.
Each Customer shall designate only one person as AO per InflatableOffice account. The AO shall then instruct InflatableOffice regarding all matters relating to our relationship. The AO shall be the only person authorized to instruct InflatableOffice as to whom information or data that we are storing may be shared with. Once Customer has established by corporate resolution who will serve in the position of AO all future communications between the Customer and InflatableOffice regarding all matters related to the business relationship involving Customer and InflatableOffice shall take place only with the AO.
Should Customer wish to change the person who is designated as the AO on the account, InflatableOffice shall require a signed certified resolution from the company requesting the change and naming the person that will serve as Authorized Officer and InflatableOffice may rely on any document purporting to be a certified resolution of the Customer without duty to make inquiry or investigation into the authenticity or propriety of that resolution. At no time shall this position be left unfilled for any Customer.
Customer should take into consideration the fact that the AO will be the primary person responsible for communicating with InflatableOffice staff regarding all aspects of Customer’s relationship with InflatableOffice. As such, the AO must be an adult (over 18 years old) whose primary language is English. If Customer is a foreign entity and no persons are available whose primary language is English a person who is fluent in English shall be selected as AO if possible.
- Inferior Officer Accounts.
Once a Customer has established with InflatableOffice the Authorized Officer (AO) on an account, Inferior Officer Accounts (IOA) may then be established. IOA accounts will serve as general worker accounts only and will possess no authority to control or dictate terms or instructions involving any aspects of Customer’s relationship with InflatableOffice. Customer may permit third party IOA users to access the software solely for Customer’s benefit in accordance with this Agreement, provided that Customer, (a) will be fully responsible for the acts and omissions of your IOA users with respect to the Services; (b) ensure that any access to the Services by any IOA users is completely disabled upon completion of the IOA users’ services requiring use of the software; and (c) you have an agreement in place with each IOA substantively requiring that the IOA User protect the Services, confidential information and intellectual property at least to the same extent as set forth in this Agreement. You acknowledge that InflatableOffice makes no warranty and has no other obligations to the IOA user. Any breach of this Agreement by any IOA user will be deemed to be a breach by Customer.
IOA accounts will be setup by InflatableOffice staff upon request from the AO only. Usernames and temporary passwords will be generated once the appropriate electronic request form has been filled out and submitted by the AO. All information related to IOA setup and account access will flow through the AO account only and the AO will be solely responsible for distributing account access materials generated by InflatableOffice staff to persons which Customer desires to have IOA access. IOA accounts may also be setup by the AO without the help of InflatableOffice.
IOA account access does not carry with it any ownership interests in the data or information submitted to the system while using these accounts. IOA accounts are owned by Customer and all information entered by or through an IOA account is solely property of the Customer.
- LIMITED WARRANTY
- During the warranty period, InflatableOffice warrants that the Software, when properly setup, will substantially conform to the functional specifications in the applicable InflatableOffice user documentation for the Software (“Documentation”). While InflatableOffice strives to keep service available at all times, it makes no guarantee that Customer will be able to access it at all times. There may be conditions beyond the control of InflatableOffice or times when maintenance is required that limit Customer’s access. Further, InflatableOffice does not warrant that services provided will be error free. By signing below, Customer agrees that InflatableOffice is not responsible for loss or corruption of data resulting from the use of InflatableOffice’s services.
- This limited warranty does not apply to nonconformities caused by misuse, modification, abnormal physical or electrical stress, accident or improper installation. INFLATABLEOFFICE’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY SHALL BE, AT INFLATABLEOFFICE’S OPTION, EITHER (A) MODIFICATION OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET THIS LIMITED WARRANTY, PROVIDED CUSTOMER HAS OTHERWISE COMPLIED WITH THIS AGREEMENT, OR (B) INFLATABLEOFFICE SHALL REFUND THE PRICE PAID UPON RETURN OF THE DEFECTIVE SOFTWARE TO INFLATABLEOFFICE AND A CERTIFICATION THAT CUSTOMER HAS DESTROYED ALL COPIES AND HALTED USE OF SUCH SOFTWARE.
- THE LIMITED WARRANTY SET FORTH IN THIS SECTION 5 IS EXCLUSIVE. NEITHER INFLATABLEOFFICE NOR ITS LICENSORS OFFER ANY OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE OR OTHER MATERIAL PROVIDED UNDER THIS AGREEMENT. INFLATABLEOFFICE OFFERS NO WARRANTY THAT THE SOFTWARE WILL DETECT OR PROTECT AGAINST ALL THREATS OR BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. INFLATABLEOFFICE OFFERS NO WARRANTIES WITH RESPECT TO: SOFTWARE WHICH IS LICENSED AT NO CHARGE WHICH IS PROVIDED “AS IS.” INFLATABLEOFFICE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, TERMS, CONDITIONS, AND REPRESENTATIONS: (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND (B) ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. No oral or written information or advice given by InflatableOffice or InflatableOffice’s authorized representatives shall create a warranty or other obligations on behalf of InflatableOffice.
- Customer assumes full responsibility for selecting the Software to achieve its intended results, and for the installation of, use of, and results obtained from the Software. Customer agrees to indemnify InflatableOffice and its licensors from any claims, loss, cost, damage, expense or liability, including attorneys’ fees, arising out of or in connection with services provided, performed, and promised by you.
- Acceptable Use Standards. Customer agrees to comply with the following acceptable use standards of InflatableOffice. Customer will not:
- sell, resell, rent, lend, share or lease the Software without the prior written consent of InflatableOffice;
- use or allow the use of the Software to store or transmit Malicious Code;
- interfere with or disrupt the integrity or performance of the Software or third-party data or accounts contained therein;
- attempt to gain unauthorized access to the Software or their related systems or networks;
- use the Services in the operation of any nuclear facility, aircraft navigation, medical or communications systems or air traffic control machines, or any other use in which the failure of the Services could lead to death, personal injury or severe physical or environmental damage;
- use the Software to promote, facilitate or permit gambling, promote or facilitate child pornography or other illegal activities, including without limitation, activities that might be libelous or defamatory, invasive of privacy or publicity rights, abusive, or otherwise malicious or harmful to any person or entity.
- LIMITATION OF LIABILITY
- InflatableOffice’s liability shall not be limited or excluded in relation to: (a) death or personal injury caused by its negligence or intentional misconduct (or that of its employees or agents); (b) fraudulent misrepresentation; or (c) any other liability that cannot under applicable law be limited or excluded.
- SUBJECT TO SECTION 6.1, INFLATABLEOFFICE SHALL NOT BE LIABLE FOR: (A) LOSS OF PROFITS; (B) LOSS OF DATA, INCLUDING LOSS DUE TO DATA DIVULGED PURSUANT TO ANY LEGAL PROCEEDING OR OTHERWISE REQUIRED BY LAW, PROVIDED THAT, TO THE EXTENT LEGALLY PERMISSIBLE, INFLATABLEOFFICE WILL NOTIFY CUSTOMER PROMPTLY OF SUCH REQUIRED DISCLOSURE AND REASONABLY ASSIST CUSTOMER IN EFFORTS TO LIMIT SUCH REQUIRED DISCLOSURE; (C) LOSS OF REVENUE; (D) LOSS OF USE; OR (E) PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF INFLATABLEOFFICE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SUBJECT TO SECTION 6.1, INFLATABLEOFFICE’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED IN AGGREGATE, AN AMOUNT EQUAL TO THE AMOUNT PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS PRIOR TO THE CLAIM FOR THE SOFTWARE GIVING RISE TO THE CLAIM. IN THE CASE WHERE NO AMOUNT WAS PAID, SUCH DAMAGES SHALL BE CAPPED AT $1,000 USD.
- The fees reflect the allocation of risk set forth in this Agreement. The parties would not enter into this Agreement without this risk allocation. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to the extent prohibited by such local laws.
- Term of Agreement.
This Agreement commences at the point in time when Customer has, 1) executed this licenses agreement; 2) InflatableOffice has received payment in full of all funds necessary to cover the first month’s charges for use of the software as set forth by InflatableOffice.
- Termination for Cause.
A party may terminate this Agreement for cause (i) upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. At the point in time when a termination for cause is properly executed and 30 days has passed without cure of any material breach occurring, InflatableOffice shall promptly refund any and all funds to Customer for future months of services while retaining in full any funds for the current month therein.
- InflatableOffice’s Additional Rights to Terminate.
InflatableOffice reserves the right (but has no obligation) to take additional action, up to and including termination, in the following limited circumstances:
a) With or without notice, InflatableOffice may modify or terminate any or all Services or restrict Customer’s use in whole or in part if, in InflatableOffice’s sole judgment, use of the Services by Customer or as provided to Customer’s end users (i) presents a material security risk or will interfere materially with the proper continued operation of a data center, equipment, telecommunications network, or related equipment or services, or (ii) is subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop. Where permitted under the relevant court or governmental order, InflatableOffice will notify Customer of such order promptly so that you will have an opportunity to respond to the order. InflatableOffice also will notify you promptly of any security risks identified under clause (i) above and any action taken by InflatableOffice with respect to such security risks.
b) Upon notice of not less than seven (7) days and failure to cure within the notice period, InflatableOffice may modify or terminate any or all Services or restrict Customer’s use in whole or in part if, in InflatableOffice’s reasonable judgment, Customer’s use of the Services or for the benefit of your customers or end users (i) violates applicable laws or governmental regulations, including, without limitation, consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer and telecommunications laws; (ii) violates or infringes any intellectual property right of InflatableOffice or a third party; (iii) violates export control regulations of the United States or other applicable countries; or (iv) otherwise violates InflatableOffice’s acceptable use standards in Section 5.5 above.
InflatableOffice desires to serve its Customer’s and meet their needs to the highest degree reasonably possible. As such, in an attempt to avoid harm to Customer, InflatableOffice will use reasonable judgment in an attempt to avoid terminating an account for any of the above stated reasons when at all possible. In the event that InflatableOffice, in its sole and absolute discretion, decides that an account must be terminated, it will attempt to give as much notice to Customer as is reasonably practicable given the nature of the business and the importance to InflatableOffice of protecting the integrity of the software.
- ADDITIONAL TERMS
- Governing Law; Venue.
This Agreement shall be governed by and construed under the laws of the State of Ohio, USA, excluding choice of laws rules. Any action or proceeding arising from or relating to this Agreement, must be brought in a federal court in the Court of Common Pleas, Summit County Ohio, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. This Section 7.1 shall not restrict InflatableOffice’s right to bring an action against Customer in the jurisdiction where Customer’s place of business is located.
Any assignment or transfer of this Agreement by the Customer is prohibited without the prior written consent of InflatableOffice, and any attempted transfer or assignment without such consent shall be void and without force or effect. The terms of this Agreement shall be binding on permitted successors in interest and assigns.
- Force Majeure.
Neither party shall be liable for default or delay in performing its obligations due to causes beyond its reasonable control, as long as such causes continue and the party continues to use commercially reasonable efforts to resume performance. If any such default or delay extends for more than 60 days, the other party shall have the right, without obligation or liability, to cancel any Order or portion thereof affected by such default or delay.
- Severability; Modification; Notice; Waiver.
If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. This Agreement may only be modified in writing by authorized representatives of the parties. All notices required or authorized under this Agreement must be in writing and shall be sent, as applicable, to the other party’s legal department or to such other notice address as the parties specify in writing. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse.
You may choose to, but are not required to, provide suggestions, data or other information (“Suggestions”) to InflatableOffice regarding possible improvements in the operation, functionality or use of the Services. If you provide any Suggestions to InflatableOffice, InflatableOffice will own all right, title, and interest in and to the Suggestions. Inflatable will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to InflatableOffice all right, title, and interest in and to any Suggestions that you may willingly choose to provide in the future.
- Data Migration.
InflatableOffice is aware that situations will arise where either Customer or other third parties (such as a court of law) may wish to move/export/migrate data from an InflatableOffice account. Under such circumstances, Customer understands and fully agrees that any situation involving the migration of data shall be accomplished only through the tools provided and available within the Software at the time when such request is affected. Customer agrees that InflatableOffice cannot be compelled to gather data for a Customer in formats not available via the software interface. Any attempts by Customer to compel InflatableOffice to perform data migration via formats not available in the software interface shall be considered a breach of this agreement on the second of such attempts. A written warning stating that such requests must cease immediately shall be given upon any initial request of this nature.
If your company does not show at least 15% growth after the first year of using InflatableOffice, we will give your money back! See details in the terms and conditions.