Invisibly

Menu
Get the App

Terms & Conditions

Effective as of May 10, 2023

The following terms and conditions (the “Terms” or “Terms and Conditions”) govern your use of Invisibly’s websites and all mobile applications (collectively, the “Site”) and/or the products and services offered, operated or made available by Invisibly (collectively, the “Services”). 

In these Terms, “Invisibly Account” refers to your account with us. “you”, “your”, or “user” refer to the person who has requested use of Invisibly’s products or services. “Invisibly”, “we”, “us”, or “our” refer to Invisibly. These Terms contain an Arbitration Agreement in Section 12. Please read that Section carefully. Please carefully review these Terms before using this Site or Services or accessing any data thereon.

SECTION 12 OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, AND THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. 

THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INVISIBLY. BEFORE USING ANY INVISIBLY SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE INVISIBLY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE INVISIBLY SERVICES IMMEDIATELY.

1. ACCEPTANCE OF TERMS & ACCOUNT ELIGIBILITY

These Terms create a legal obligation and form an essential basis of the bargain between you and Invisibly, its subsidiaries, affiliates, agents and assigns. By accessing, browsing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Services.

To use the Services and to accept the Terms, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Invisibly, and 3) not prohibited by law from using the Services.

Invisibly may suspend, restrict your access to, or cancel your Invisibly Account at any time, for any reason. By applying for or using your Invisibly Account, you acknowledge that you have received a copy of these Terms and you understand and agree to them.

2. PRIVACY POLICY

By agreeing to these Terms, you also consent to Invisibly’s Privacy Policy, which details how we handle and protect personal data. We reserve the right to update the Privacy Policy at our discretion. Any changes made to our Privacy Policy are effective when the updates are live on the Site.

3. ACCOUNT INFORMATION ACCURACY AND UPDATES

To access Invisibly’s Services, you must create an Invisibly Account. When you create an Invisibly Account, you will obtain a Login ID and password. After you create an Invisibly Account, obtain a Login ID and password, and proceed to set up your Invisibly Account through the Site, we will prompt you to provide us with certain information, such as, but not limited to, your name, mailing address, email address, and other demographic information you may choose to provide us (collectively “Account Information”). 

You agree that any Account Information you provide will be accurate, current, and complete. Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the Profile section of the Site, click on “Profile,” and update your Account Information accordingly.

You may only open one Invisibly Account. You may not maintain a joint account with another person and you cannot add an authorized user to your Invisibly Account. You agree that you will not allow another person to use or access your Invisibly Account and will not share your Login ID or password with other persons. You represent that you are a legal owner of, and that you are authorized to provide us with all Account Information and other information necessary to facilitate your use of the Services.

In order to use certain Services, Invisibly may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services or revoke any previously granted access.

Should you believe or have reason to believe that any of your Account Information, including your Login ID and/or password, has been compromised, or that another person is accessing your Invisibly Account through some other means, you agree to notify us as soon as possible at legal@Invisibly.com.

4. THIRD-PARTY ACCOUNT INFORMATION

As part of the Services, you may choose to direct Invisibly to retrieve your account transaction history, balance information, or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). By using the Services, you authorize Invisibly, as well as third-party service providers acting on Invisibly’s behalf, to access your Third-Party Account Information, on your behalf as your agent, and you expressly authorize the third parties to disclose Third-Party Account Information to us. You agree that you are responsible for maintaining the security of the passwords and usernames to access any third-party sites and will keep those passwords and usernames up-to-date on the Site. Invisibly does not review Third-Party Account Information for accuracy, legality or non-infringement. Additionally, Invisibly is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.‍

5. LIMITATIONS ON USE

5.1. Use of the Services.

You agree to use the Services only for lawful purposes. You will not use the Services to violate any applicable law, regulation, rule or ordinance of any nation, state, or locality or of any international law or treaty. You will not use the Services in a manner that could give rise to any civil or criminal liability or that is unauthorized. Unauthorized uses include, but are not limited, to unauthorized entry into Invisibly’s systems, misuse of passwords, or misuse of any information posted on the Services through the Services. Invisibly makes no claims concerning whether use of the Services is appropriate outside of the United States. If you access the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the Services or software making up the Services,2) navigate or search the Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Invisibly’s provided interface(s) to access the Services, 4) use the Services in a way that could impair, overburden, damage, or disable any portion of the Services, or 5) mirror any material contained on the Services.

5.2. Failure to Adhere to Limitations on Use.

Invisibly reserves the right to take various actions against you if we believe you have engaged in activities restricted by these Terms or by laws or regulations. Invisibly also reserves the right to take action to protect Invisibly, other users, and other third parties from any liability, fees, fines, or penalties. If you fail to comply with this Section, we may take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or revoking your access to the Services, 3) suspending or terminating your ability to continue to use the Services, 4) taking legal action against you, 5) holding you liable for the amount of Invisibly’s damages caused by your violation of these Terms.

6. YOUR CONTENT

When you agree to provide us your data you agree Invisibly may represent this value in an account assigned to you. You agree and understand that to receive the value represented in your account, your account must meet a minimum value threshold. These credits may be used in exchange for media content that we provide to you. You understand if you delete your data or close your account, these earnings are lost.

7. ACCOUNT REVOCATION & TERMINATION

Invisibly may suspend, cancel, limit, or revoke your access to and use of the Services and/or terminate these Terms and the agreement between you and us or your Invisibly Account at any time without notice, with or without cause, in our absolute discretion, to the extent permitted by applicable laws. The following sections of these Terms shall survive termination: Indemnification, Disclaimer of Warranties, Limitation of Liability & Unforeseen Circumstances, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions (Entire Agreement; Assignment; Other Rights), and any other section that by its terms survives termination.

Invisibly further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the Services at any time with or without notice, as permitted by applicable laws.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The Services are owned and operated by Invisibly. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Invisibly Materials”) are owned exclusively by Invisibly or the licensors or suppliers of Invisibly and are protected by U.S. copyright, trade dress, patent, trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Invisibly Materials displayed on the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the Invisibly Materials found on the Services unless in accordance with written authorization by us. Invisibly prohibits use of any of the Invisibly Materials as part of a link to or from the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Invisibly Materials, including whether any mark or logo is an Invisibly Material, should be referred to Invisibly. All rights related to the Invisibly Materials are hereby reserved.

You agree that the Invisibly Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Invisibly. You acknowledge that the Invisibly Materials are and shall remain the property of Invisibly. You may not modify, participate in the sale or transfer of, or create derivative works based on any Invisibly Materials, in whole or in part.

8.2. If you provide Invisibly with any feedback or suggestions regarding the Invisibly Services (“Feedback”), you hereby assign to Invisibly all rights in the Feedback and agree that Invisibly shall have the right to use such Feedback and related information in any manner it deems appropriate. Invisibly will treat any Feedback you provide to Invisibly as non-confidential and non-proprietary to you. Invisibly will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to Invisibly any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.

9. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, INVISIBLY AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “INVISIBLY PARTIES”) DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE INVISIBLY PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE) REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE OR THE SERVICES.

THE INVISIBLY PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.

PLEASE NOTE, THE ABILITY TO EXCLUDE WARRANTIES VARIES IN DIFFERENT JURISDICTIONS. TO THE EXTENT THAT A JURISDICTION PLACES LIMITS ON THE ABILITY FOR A PARTY TO EXCLUDE WARRANTIES, THESE EXCLUSIONS EXIST TO THE EXTENT PERMITTED BY LAW. BECAUSE OF THIS JURISDICTIONAL VARIANCE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY & UNFORESEEN CIRCUMSTANCES

THE INVISIBLY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS (WHETHER IN CONTRACT, TORT, OR OTHERWISE AND INCLUDING LIABILITY FOR DAMAGES, LOSSES OR CAUSES OF ACTION), IS LIMITED TO USD $10 (TEN UNITED STATES DOLLARS). YOU ACKNOWLEDGE THAT THE INVISIBLY PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING UNDER OR RELATING TO THESE TERMS AND YOUR USE OF THE SITE OR THE SERVICES, THE INVISIBLY MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, EVEN IF INVISIBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INVISIBLY PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE SERVICES. YOU ACKNOWLEDGE THAT OUR SERVICES MIGHT BECOME UNAVAILABLE FROM TIME TO TIME DUE TO CIRCUMSTANCES NOT IN OUR CONTROL (SUCH AS FIRES, FLOODS, NATURAL DISASTERS, SYSTEM FAILURES OR OTHER UNFORESEEN EVENTS). WHEN THIS OCCURS, YOU MAY NOT BE ABLE TO ACCESS YOUR INVISIBLY ACCOUNT OR THE SITE. WE ARE NOT RESPONSIBLE OR LIABLE IF THIS HAPPENS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

11. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INVISIBLY PARTIES FROM AND AGAINST ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, EXPENSES, LIABILITIES, OR LOSSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, EXPENSES, AND OTHER COSTS ASSOCIATED WITH PREPARING FOR OR DEFENDING AGAINST ANY LITIGATION OR CLAIM, ACTION, SUIT, PROCEEDING, OR DEMAND) (COLLECTIVELY “MATTERS”) ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO, USE OF OR ALLEGED USE OF THE SITE OR THE SERVICES; (II) YOUR VIOLATION OF THESE TERMS OR ANY REPRESENTATION, WARRANTY, OR AGREEMENTS REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (IV) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH EVENT, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH MATTER. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH MATTER. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF INVISIBLY.

12. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS PROVIDED BELOW. THIS ARBITRATION AGREEMENT WILL APPLY TO YOU UNLESS YOU PROMPTLY REJECT THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN THIS SECTION.

12.1. Election to Arbitrate.

You and Invisibly agree that the sole and exclusive forum and remedy for resolution of a Claim will be final and binding arbitration pursuant to this Section (the “Arbitration Agreement”), unless you opt out as provided in this Section. The scope of this Arbitration Agreement is to be given the broadest possible interpretation that is enforceable.

As used in this Arbitration Agreement, “Claim” means any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you) and us, including disputes relating to or arising out of these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including your relationship with us. “Claim” has the broadest reasonable meaning and includes matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. It includes any claim, defense, or dispute concerning the formation, existence, validity, enforceability, revocation, or scope of this Arbitration Agreement, any part thereof, or the entirety of the Terms. Claims are subject to arbitration regardless of whether the remedy sought is legal or equitable, including claims for compensatory, monetary and/or punitive damages, restitution and/or disgorgement, injunctive relief, and regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, regulation, ordinance, common law, or principles of equity; a data breach; or otherwise. Nonetheless, You may continue to assert Claims in small claims court if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

12.2. Applicability of the Federal Arbitration Act; Arbitrator’s Powers.

This Arbitration Agreement governs transactions involving interstate commerce. Accordingly, this Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA“) and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitation and privilege rules that would apply in a court proceeding, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory, and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Agreement, and the Administrator’s rules. The arbitrator shall take steps to reasonably protect confidential information.

12.3. Opt-Out of Arbitration Agreement.

You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out notice to legal@Invisibly.com, within 60 days of the date of your electronic acceptance of the Terms. The opt-out notice must clearly state that you are rejecting arbitration; provide your name, address, and Login ID; and be signed by you. We must receive your opt-out notice at the specified email address within the specified time. No other methods can be used to opt out of this Arbitration Agreement. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.

12.4. Informal Dispute Resolution.

If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to legal@invisibly.com at any time.

12.5. Arbitration Procedures.

The party initiating arbitration shall do so with an arbitration company (“Administrator”), which shall be either the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). To start an arbitration, the complaining party must commence the arbitration in accordance with the Administrator’s rules. If the Administrator picked by the complaining party is unable or unwilling to be the Administrator, then the arbitration company will be selected from the remaining choices listed herein or by a court. If one party starts or threatens a lawsuit, the other party can demand arbitration. To require arbitration of a Claim, the defending party must give the complaining party a written demand for arbitration. This demand may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. It can be made if a party starts a lawsuit on an individual basis and then tries to pursue a class action or public injunctive relief. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.

The Administrator will appoint the arbitrator in accordance with the Administrator’s rules. The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with the rules and policies of the Administrator selected, except to the extent the rules conflict with this Arbitration Agreement or applicable law. However, the Administrator may, in his or her discretion, conduct special hearings at any other place for the purpose of receiving evidence that would otherwise be unavailable at the situs of the arbitration, or for the convenience of the parties or witnesses, and that the place for the special hearing selected by the arbitrator shall also be deemed a place where the arbitrator “[is] sitting” for purposes of Section 7 of the FAA. The Administrator or any of the parties to the arbitration or any party may attend any hearing telephonically or electronically. The telephonic or electronic, adjudicative (as opposed to physical) presence of the arbitrator at a hearing satisfies the “[is] sitting” requirement of Section 7.

12.6. Exceptions To Our Agreement To Arbitrate Disputes. There is only one exception to this agreement to arbitrate: 

If either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.

12.7. No Class Actions.

NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS(INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not:(a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No Administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section, and any attempt to do so, whether by rule, policy, and arbitration decision or otherwise, shall be invalid and unenforceable.

12.8. STATUTE OF LIMITATIONS FOR YOUR CLAIMS.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

You further agree that in arbitration, injunctive relief shall be limited to such relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone. Any arbitral award on a class basis shall be void and shall not be subject to confirmation and no judgment shall enter thereon. An injunction granted in arbitration may provide only such relief as is necessary to remedy injury to you or to protect you alone from future injury; no judgment or order shall be entered by a court to enforce an award of the Administrator for broader injunctive relief.

Nothing in this Arbitration Agreement precludes you from seeking public injunctive relief in court. If you seek public injunctive relief, you may bring that claim in court, but you further agree that we may treat such a claim as a Claim within the meaning of this Arbitration Agreement, and that we would then have the right to demand arbitration, and if you refuse our demand, to move to enforce arbitration on an individual basis in accordance with this Arbitration Agreement pursuant to the FAA. Notwithstanding any other provisions of this Arbitration Agreement, the Court and not the arbitrator shall decide whether the FAA requires that the public injunctive relief claim be referred to arbitration on an individual basis. If we bring and lose that motion, your claim for public injunctive relief will be heard in court but you agree to stay your claim in court for public injunctive relief pending (a) exhaustion of our right to appeal from the ruling against us, and (b) completion of arbitration of all other Claims. If we win our motion, your claims for public injunctive relief will be decided in accordance with the terms of this Arbitration Agreement, meaning that the arbitrator can award only such injunctive relief as is necessary to remedy your own alleged injury or to prevent future injury to you alone.

12.9. Survival and Severability of Arbitration Agreement.

This Arbitration Agreement shall survive the termination of these Terms, your fulfillment or default of your obligations under the Terms, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). If any portion of this Arbitration Agreement other than the class action waiver in this Section is deemed invalid or unenforceable, the remaining portions of this Arbitration Agreement shall nevertheless remain valid and in force. As such, if there is a final judicial determination that applicable law precludes enforcement of this Arbitration Agreement’s limitations as to a particular claim for relief or particular term, then that Claim (and only that Claim) or that term (and only that term) must be severed from the Arbitration Agreement and may be brought in court.  However, if an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in this Section are finally adjudicated to be unenforceable, then every other sentence (except this one) in the Arbitration Agreement shall be null and void with respect to that claim and no arbitration shall be had. For the avoidance of doubt, to the extent any court or arbitrator concludes that the provisions of this Arbitration Agreement regarding public injunctive relief are invalid or unenforceable, the remainder of this Arbitration Agreement shall nevertheless remain valid and in force. Rather, those provisions relating to public injunctive relief must be severed and the claim for public injunctive relief must be brought in court.

12.10. Judicial Forum for Claims.

Except as otherwise required by applicable law or in these Terms, in the event that this Arbitration Agreement is found not to apply to you or your claim, you and Invisibly agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, New York. Both you and Invisibly consent to venue and personal jurisdiction there.

12.11. WAIVER OF JURY TRIAL; WAIVER OF RIGHT TO LITIGATE.  

EXCEPT AS OTHERWISE REQUIRED BY THESE TERMS, WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHTS TO A JURY TRIAL AND TO LITIGATE OUR CLAIMS BEFORE A COURT.

13. CHANGES TO THESE TERMS

Invisibly reserves the right to change these Terms (including by adding to or deleting from them). Invisibly will notify you of any changes to the Terms by posting revised Terms on the Site. We will label Terms posted to the Site with the most recent date of revision. You should check the Site periodically for changes. All changes are effective upon posting. If you do not agree to any changes, you must request that we suspend or terminate your Invisibly Account and stop using your Invisibly Account after we provide you with notice of those changes. By continuing to use the Services, you agree to the change of the Terms. Invisibly may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability.

14. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.

15. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction for any reason, the remaining provisions shall remain in full force and effect and be enforced to the fullest extent possible.

16. WAIVER

Invisibly may delay enforcing any of its legal rights or remedies under these Terms, or other legal rights or remedies Invisibly has under applicable laws, without waiving or those rights or remedies or any other rights in any way whatsoever.

17. APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS. 

The following additional terms and conditions apply to you if you are using the Invisibly Services from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the Invisibly Services from the Apple App Store:

17.1. Acknowledgement.

Invisibly and you acknowledge that these Terms are concluded between Invisibly and you only, and not with Apple, and that Invisibly, not Apple, is solely responsible for Invisibly Software and the content thereof. To the extent these Terms provide for usage rules for the Invisibly Services that are less restrictive than the Usage Rules set forth for the Invisibly Services in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.

17.2. Scope of License.

The license granted to you for the Invisibly Services is limited to a non-transferable license to use the Invisibly Services on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

17.3. Legal Compliance.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. COPYRIGHTS

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent

Invisibly, Inc.

201 S. Central Ave. Ste 300

St. Louis, MO 63105

legal@invisibly.com

19. THIRD PARTY/ PARTNER PRODUCTS AND SERVICES

The Invisibly Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to users. Invisibly does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Invisibly makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk. We do not control these Third-Party Websites and these Terms do not apply to companies that Invisibly does not own or control, or to the actions of people that Invisibly does not employ or manage. You should always check the terms of use posted on Third-Party Websites.

20. GENERAL PROVISIONS (ENTIRE AGREEMENT; ASSIGNMENT; OTHER RIGHTS)

These Terms (including all policies or documents referenced herein) are the entire understanding and agreement between you and Invisibly regarding your use of the Site or Services. These Terms supersede any previous or other terms or other agreement between you and Invisibly. These Terms cannot be modified by any existing or future oral agreements.

These Terms will be binding on, inure to the benefit of, and be enforceable against both you and us and our respective successors and assigns. Neither the course of conduct between you and us nor trade practice shall act to modify any term. You may not assign or transfer these Terms or any of your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or our rights or obligations under these Terms at any time without notice.

We hereby reserve all rights not expressly granted by these Terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

21. CONTACTING US

If you have questions regarding the Terms or the practices of Invisibly, please contact us by email at legal@invisibly.com