Invotrak Terms of Service

By using the invotrak.com web site ("Service"), a service of Draconis Software, LLC, ("Company", "Draconis Software") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). In order to use the Service, you must first agree to the Terms of Service outlined in this document. You may not use the Service if you do not accept the Terms of Service.

  1. Account Terms
    1. Accounts may not be registered by any automated method.
    2. Signup information requested (your email address, full legal name, etc) must be provided during the registration process.
    3. Every account on the Service is restricted to only one person. No accounts may be shared or transferred, however additional accounts may be created within the parameters of the Service.
    4. You must be 13 years or older to register or use this Service.
    5. You are responsible for maintaining the security of your account and password. Draconis Software cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    6. All content and activity that occurs under your account is your responsibility.
    7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  2. Content Ownership
    1. You understand that all information (such as data files, or written text) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
    2. Draconis Software claims no intellectual property rights over the material you provide to the Service; all Content uploaded remains yours. However, through the use of the Service, you may have the option of setting your Content to be shared publicly, and you agree to allow others to view and share your Content.
    3. Draconis Software reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service.
    4. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
    5. You agree that you are solely responsible for (and that Draconis Software has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Company may suffer) by doing so.
  3. Payments and Refunds
    1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number, but must upon upgrading to a paying account.
    2. If you upgrade from a free account to a paying plan you will be billed for your first month immediately upon upgrading.
    3. The Service is billed in advance on a monthly basis and is refundable within the first 30 days of purchase. This refund is only granted to account holders who have upgraded to a paying account for the first time; account holders who have held a paying account for more than 30 days (even if non-contiguous) will not be eligible.
    4. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
    5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
    6. You may use a credit card to pay for your subscription(s). When you provide credit card information to Draconis Software, or to an affiliate credit card processor acting on behalf of Draconis Software, you represent that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have an account, you agree and reaffirm that Draconis Software is authorized to charge your credit card for the subscription fee.
    7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Draconis Software does not accept any liability for such loss.
  4. Modifications of the Service and Prices
    1. Draconis Software is constantly innovating in order to provide the best experience for its users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
    2. As part of this continuing innovation, you acknowledge and agree that Draconis Software may temporarily stop providing the Service (or any features within the Service) to you or to users generally at Draconis Software's sole discretion, without prior notice to you.
    3. You acknowledge and agree that while Draconis Software may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of the Service, such fixed upper limits may be set by Draconis Software at any time, at Draconis Software's discretion.
    4. Prices, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting a notice to the Service web site, the Draconis Software web site, or the Service's blog.
    5. Draconis Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  5. Termination
    1. Draconis Software and you both have the right to terminate or cancel your Account or a particular subscription at any time for any reason. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Draconis Software.
    2. You are solely responsible for properly canceling your account. This responsibility includes canceling your account using the appropriate link contained within the Service. This is the only appropriate method for canceling an account.
    3. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled, and Draconis Software shall not be liable to you or to any third party for the loss of this information.
    4. If you cancel or downgrade the Service before the end of your current paid month, your cancellation or downgrade will take effect immediately and you will not be charged again. No refunds will be made to your account, and you will not receive pro-rated compensation.
  6. General Terms
    1. You expressly understand and agree that your use of the Service is at your sole risk and that the services are provided "as is" and "as available."
    2. Unless you have been specifically permitted to do so in a separate agreement with Draconis Software, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
    3. Some parts of the Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service or other information.
    4. The Service may include hyperlinks to other web sites or content or resources. Draconis Software may have no control over any web sites or resources which are provided by companies or persons other than Draconis Software.
    5. You understand that in order to provide the Service, Draconis Software may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    7. You may not use the Service to upload, host, or transmit: unsolicited email or other "spam" messages, viruses, trojans, or other destructive software; malware or spyware.
    8. You agree that if Draconis Software does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Draconis Software has the benefit of under any applicable law), this will not be taken to be a formal waiver of Draconis Software's rights and that those rights or remedies will still be available to Draconis Software.
    9. If any court of law, having the competent jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
    10. You agree that Draconis Software may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service web site, Draconis Software website, or Service blog.
    11. All questions or concerns about these Terms of Service should be directed to Draconis Software.
    12. Draconis Software may make changes to these Terms from time to time. When these changes are made, Draconis Software will make a new copy of the Terms and any new additional terms will be made available to you from within, or through, the Service. You understand and agree that if you use the Service after the date on which the Terms of Service have changed, Draconis Software will treat your use as acceptance of the updated Terms.

Draconis Software can be contacted at:

Draconis Software, LLC
444 Washington St, Suite 202
Woburn, MA 01801

617-812-1701
info@dracoware.com

Last updated: July 6th, 2008