Use of Our Service

SocialInviter provides customizable software that enables you to allow your Users to allow access their contacts/profile or upload their webmail or desktop address books to your website.

1. Accounts

   You need to register with SocialInviter.com and create an account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify SocialInviter.com immediately of any breach of security or unauthorized use of your account. SocialInviter will not be liable for any losses caused by any unauthorized use of your account. By providing SocialInviter your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

2. Service Rules

   You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to SocialInviter than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) submitting to the Service or to SocialInviterany personally identifiable information, except as necessary for the establishment of your account; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

3. Restrictions

   Except as expressly permitted under Section 2(a), you agree not to use, copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless authorized by SocialInviterin writing.

Termination or Modification

SocialInviter.com reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the SocialInviter Site or modify or terminate these Terms of Service or the SocialInviterPrivacy Policy without advance notice. If any modification is not acceptable to you, your only recourse is to cease using the SocialInviter Site. By continuing to use the SocialInviter Site after any such modifications, you accept and agree to be bound by such modifications. Without limiting other remedies, SocialInviter may at any time and without any further notice suspend or terminate your access to the SocialInviter Site or Services or remove your Account if SocialInviter determines in its sole discretion that you have failed to comply with any provision of these Terms of Service.

Third party sites and Developers

SocialInviter.com reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the SocialInviter Site or modify or terminate these Terms of Service or the SocialInviterPrivacy Policy without advance notice. If any modification is not acceptable to you, your only recourse is to cease using the SocialInviter Site. By continuing to use the SocialInviter Site after any such modifications, you accept and agree to be bound by such modifications. Without limiting other remedies, SocialInviter may at any time and without any further notice suspend or terminate your access to the SocialInviter Site or Services or remove your Account if SocialInviter determines in its sole discretion that you have failed to comply with any provision of these Terms of Service.

1. Third Party Sites & Ads

   The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of SocialInviter and SocialInviteris not responsible for any Third Party Sites & Ads. SocialInviter provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

2. Developers

   Each Developer is solely responsible for any and all of its Developer Apps/plugin/service. Because we do not control Developers or their Developer Apps/plugin/service, you acknowledge and agree that we are not responsible for any Developers or their Developer Apps/plugin/service and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Developers or their Developer Apps, and we assume no responsibility for any Developers or their Developer Apps/plugin/service. Your interactions with Developers or their Developer Apps/plugin/service are solely between you and such Developer. You agree that SocialInviter will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Developer, we are under no obligation to become involved.

Ownership Rights

1. Proprietary Rights

   As between you and SocialInviter, SocialInviter and its licensors exclusively own all right, title and interest in and to the Service, including without limitation any improvements thereto, updates, and all materials therein or transferred thereby, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (the "SocialInviter Content"), and all Intellectual Property rights related thereto and derivative works of the foregoing. Except as provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the SocialInviter Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

2. Your Proprietary Rights

   As between you and SocialInviter and subject to Section 3(b), you own all right, title, and interest in and to the Your Data and any Intellectual Property rights embodied therein.

Payment Obligations

1. Fees

   You agree to pay SocialInviter all Subscription Fees, as set forth in the applicable Order Form, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by SocialInviter by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based upon SocialInviter’s net income. You authorize SocialInviter to charge the credit card you associate with your account for the Initial Term and any Renewal Term(s). Such charges shall be made annually in advance.

2. Subscription Terms

   Your subscription shall automatically renew for additional successive Terms equal to the period of your Initial Term, unless you provide SocialInviter with written notice at least thirty (30) days prior to the end of the then-current Term. If you cancel or suspend your subscription before the end of the then current Term, (i) all fees will become immediately due and payable, (ii) SocialInviter reserves the right to immediately suspend your access to your account, and (iii) unless termination occurs within the first 30 days of the Initial Term, you will not receive any refunds.

3. Payment Information; Taxes

   Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less. SocialInviter reserves the right to suspend your account for late or non-payment. You will maintain complete and accurate billing and contact information with Cloud Copy at all times.

4. Disputes

   SocialInviter will not exercise its rights under Section 7(c) above if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

5. Future Functionality

   You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by SocialInviter regarding future functionality or features.

Security

You understand and agree that all data will be transmitted to GoDaddy grid hosting which shall host the Service. The data therefore shall be stored and maintained in accordance with the applicable terms and conditions of GoDaddy. SocialInviter makes no guarantees as to the availability of GoDaddy or the Service.

Indemnification

You agree to defend, indemnify and hold SocialInviterand its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the SocialInviterSite, SocialInviterContent or User Content; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.

DISCLAIMERS

THE SITE AND SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data) ARE PROVIDED "AS-IS"AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, ORNON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data) (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, OR SERVICES (INCLUDING THE COMPANY APP, API, AND Completed Contact Data). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright/TrademarkInformation

Copyright © 2023, SocialInviter LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact

Do you have questions about this Agreement? Please reach out to us: 1837 Fallen Leaf Dr, Milpitas, CA 95035, (650) 934-1007 [email protected].