InvoPal

Terms of Use

General

The present Terms of Service regulates the download and use of the present application: InvoPal – Invoice Maker (hereinafter, “the app”), which is owned and operated by Trendium LLC and contact email: admin@filard.com (hereinafter, “the/our Company”), “we”, “us”, “our”). The app is not affiliated with any other platforms or third parties.The download and/or use of the app attributes the status of User to the person accessing the app and implies full acceptance of the present Terms of Service (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms of Service, please stop using the app and delete it from your device.The Company reserves the right to update, without prior notice, these Terms of Service, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. The User is automatically bound to the new Terms of Services s at the time they are published on the app. Therefore, we recommend the User review them periodically.The Company reserves the right to block or suspend the access of a User to the app in the event that he/she breaches any part of these Terms of Service.The nullity, total or partial, of any of the provisions of these Terms of Service by any judicial decision, will not affect the validity of the other provisions.For any doubt or question related to these Terms of Service, please contact us by email: support@filard.com.

About the app’s functionalities

The app permits the User to scan QR codes, even batch scanning, either by uploading an image from your photo gallery, or scanning a code directly. Moreover, the User can create their own QR by compelling a simple and easy form and customize the created QR codes, delete and/or share them. The app also offers the possibility of creating the graphic representation of a variety of types of Barcodes (by way of example: EAN13, EAN8, UPC-A y UPC-E).
The User is informed that, among others:

The Company will not be held responsible for (including but not limited to): (i) the content of the created or scanned QR or barcode; (ii) the appropriateness of the generated QR code and/or Barcode for the use User intends to make of such generated QR codes and Barcodes, (iii) the inappropriate storage in the User’s device of QR codes and barcodes which contain third parties protected and/or confidential information and/or for its storage without authorization for collection, processing and communication; (iv) the loss or theft of the User’s device; (v) security incidents the User may suffer.

Please refer to the Exemption of Liability section of these Terms of Service for further information regarding the Company’s responsibilities.

Please be aware: the Company reserves the right to update features and/or functionalities of the app at any time. Please refer to the Availability, Continuity, and Updates section of these Terms of Service.

The Company cannot guarantee the correct use of the app and, therefore, of the QR codes and Barcodes, if technological blockage happens to occur, etc.

Access and use of the App

• The app is available for the following operating systems and devices: iPhone, iPad, Other iOS Devices.
• The app is for adult users according to the laws and regulations of his/her country of birth or residence.
  To enjoy the app’s service:
  • the User does not have to complete any registration form.
  • the User has the possibility to use several functionalities of the app for free. However, if he/she decides to make an upgrade, he/she will have to subscribe to a subscription plan, which will be activated once they expressly select, consent and confirm his/her subscription. The subscription will be activated until the User cancels the service in “Account Settings” of their ITunes Account. 
    Once the User has paid for a subscription, the User will automatically be conferred with the status of customer (hereinafter, the “Customer/s”). Such status implies the User’s full acceptance of the present Terms of Service and, in particular, the User’s abidance to the price of the app’s service.
  • The subscription to a subscription plan, grants the Customer the possibility to use other functionalities such as batch scanning. Please refer to the Subscription Plans and Payment section of these Terms of Service. 
  • The User is responsible for providing accurate and complete information when creating a QR code and/or Barcode. Otherwise, the Company will not be liable for any failure regarding the creation of the desired code.
  • In order to use the App to generate a Barcode, User must have available, and complete the form, with the requested numerical code.

Availability, continuity and updates

• We put our best efforts into making sure that the app works as best as possible and that it is available to the User at all times. However, we cannot guarantee that the use of the app will not be interrupted by maintenance, delays, errors, or omissions due to external reasons beyond our reasonable control.
• We do not guarantee that the app will be available worldwide. We may limit the availability of the app and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the app from an unauthorized location is entirely at the User’s own risk and responsibility.
• We may add, modify or eliminate features and/or functionalities at any time. In any case, the User will be notified about the changes through the same app.
• If a new version of the app is launched, we may ask the User to update the app. By downloading and using the new version of the app, the User clearly states they have read, understood, and accepted the updated Terms of Service.

Code of conduct

The User agrees to (including but not limited to):

• Select, under its own responsibility, the type of code which best suits the User’s necessities (type of product, geographical area, etc.).
• Not to use the app and/or the generated QR codes and/or Barcodes for commercializing regulated services or products (by way of example but not limited to: pharmaceutical products, medical devices, food products) or for any other illegal purposes according to applicable law and regulations.
• Not to impersonate another individual. The user can only include personal data corresponding to their own identity and that are adequate, pertinent, updated, exact and true.
• Not to use the app communicating any personal data of a third person, without the express written consent of that person. In the case of data of minors, the User must with the express and written consent of their parents or legal guardians.
• Not to use the app to transform and/or store information – confidential or not – of a company, of which the User is not its legal representative or person authorized, nor even to send it to a third party.
• Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of third parties by using the app’s service.
• Not to use the information in the app to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes;
• Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the app;
• Not to insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the app, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the app’s source code and/or to scrape or extract technical data from our app;
• Not to transfer the license granted to download, access and use the app and/or any of his/her rights or obligations under these Terms of Service without the express written consent of the Company.  
• Not to breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transfering (by sale, resale, license, sub-license, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of this website, without prior written authorization from the Company. 
• The Company makes no guarantee regarding the User’s behavior and will not be held responsible in this regard. The User is individually and solely responsible for their actions, before the Company and third parties, for damages caused by inappropriate behavior. 
• The Company reserves the right to block or eliminate the User’s access to the app for the aforementioned actions, as well as any other that is contrary to good faith or that harms the rights of third parties, or that infringe the laws and regulations applicable to the app and/or the Company. 
  
  Moreover, the Company, in its sole discretion, may eliminate access to the app for a User at any time without stating the reasons behind its decision.

Subscription plans, price and payment 

The first time the User accesses the app it will show the available subscription plans, applicable conditions, and price. The App will display several subscription options from weekly to yearly subscriptions to cater to the diverse needs and preferences of the User.

Remarks:

• By subscribing to a plan, the User acknowledges and accepts the price and receipt of an automatic and recurring billing charge based on the chosen option.
• The Company reserves the right to update the types, conditions and price of the subscription plans offered, at any time, depending on its business objectives, strategy and needs, without prior notice to Users. Changes will be effective when published on the App.
• The subscription plan costs may vary depending on the country/state selected.
• The subscription plan costs will be charged to the debit/credit card associated with the User account in Apple. The User can see the invoices in the Account section.
• The subscription plan will be automatically renewed at the end of the recurring billing period if the User does not cancel it (to avoid the charges, the User must cancel at least 24 hours before the end date of the current service period). The renewal will be for the same fixed-term period.
• Bear in mind that directly removing the App from your device, does not imply the deactivation of the subscription plan.
• If the User has requests in regards to the charges made, you must directly contact Apple.
• If recurring billing cannot be processed correctly, the Company reserves the right to either interrupt and/or block the User’s access to the App without previous notice. Therefore, the User shall ensure that its payment method is active and/or it has sufficient funds for charging the subscription price.

Refund policy

Refund requests will be exclusively handled by Apple as they are the only ones in charge to approve them or deny them in accordance with its own rules and regulations. In the event that Apple does not approve the refund request, no refund will be made by our Company. Moreover, Apple will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

In the same sense, no refund will be made by our Company for discontinuation of the use of the Service to which the user had subscribed to.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.  

Withdrawal right

If the User detects an error regarding his/her personal data, payment information and/or any other information provided by them is not exact, correct or completed, he/she must amend it by accessing their Apple user account directly.

Intellectual Property Rights 

All the elements contained within this app, including but not limited to, texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company and/or the partners of the Company with whom we have submitted the corresponding licenses. This is made explicit via the copyright notice in the app.

• The download and use of the app does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, nonexclusive, non assignable, non-sublicensable, revocable license to download, access and use the app for his/her personal use. However, such a license does not give the User the right to:
• Reproduce, copy, distribute, publicly communicate or display, transform or, in general,  make use of any of the protected elements of this app for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.
• Use of the features and functionalities offered by the app for other purposes other than those set out in these Terms of Service.
• Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this app, especially its source code.
• Transmit any material that may infringe the intellectual property rights of third parties.
• Send unsolicited information and/or advertisements through the app.
  
  Any unauthorized use of the app is expressly prohibited.
  Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms of Service under current applicable laws and regulations. 
  The Company reserves the right to take all legal actions at our disposal if our intellectual property rights are infringed, including compensation for direct and indirect damages.

Exemption of Liability 

The Company makes its best efforts to ensure the availability and safe usage of the app. However, the download and use of the app may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities.

We cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Therefore, the app is provided “as is” without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the app is at the User’s own risk and responsibility. 

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the app and/or if the content and information provided by the app is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Likewise, the Company will not assume any responsibility when/if/for:

Likewise, the Customer and/or User, in the event of using the app to share scientific, educational and/or cultural information, undertakes to verify that the content to be used is in the public domain and, if applicable, to obtain the corresponding licenses. The Company disclaims any liability in this case.

• The User has caused damage, direct and/or indirect, to third parties by using the personal data of another person, or their own personal data when they are false, erroneous, outdated, inadequate or irrelevant.

• The User is a minor according to the laws and regulations of their birth or residence country and he/she has downloaded and accessed the website. It is the responsibility of his/her  parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

• The User has provided and/or communicated through the app personal data of third parties without having their prior written consent to do so. The User is the sole responsible for obtaining the consent of said third party/ies and for the disclosing of the above mentioned information. If this circumstance takes place, the Company’s responsibility will be limited to eliminating improperly received information and personal data from its information systems.

• The correct functioning of the app at the time of usage for circumstances beyond the Company’s control.

• The User breaches his/her commitments and/or any other provision set out in these Terms of Service.

• The use User/Customer makes of the App and/or the generated codes.

• The appropriateness of the generated codes for the use User intends to make of such codes.

• The User transmits through the app information and/or documents of a company of which it is not its legal representative or person authorized to carry out the transmission by sharing codes.

• The User transmits Confidential Information which cannot be disclosed.

• The User uses documents and/or images which are from third parties infringing their rights, and uploaded to the app to create a QR code. Moreover, the Company will not be held responsible if subsequently they use such codes to send/communicate them by means of whatever type of communication channel, cloud service or social media with third parties.

• The User shares codes which contain whatever type of information which belongs to third parties, and therefore such information is not theirs, independently if it is shared with commercial or non commercial purposes and independently from the type of media (social media or networks) used to share them. Therefore, the creation or scanning codes are for personal and non-commercial use. The User and/or Client understands and accepts that in order to share information owned by third parties, documentation or any other third parties, he/she shall be solely responsible and must also possess the relevant licenses and authorizations.

• The User utilizes the generated codes for commercial purposes, specially within regulated markets such as, by way of example but not limited to: pharmaceutical, medical devices, food products, etc.

Data Protection

The personal data collected for the provision of the service offered through this app, as well as those obtained from your interaction with the app will be processed in accordance with our Privacy Policy.

Appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality and security of the User’s personal data that are processed.

Applicable law and jurisdiction

These Terms of Service shall be governed by and construed in accordance with the currently applicable state of New Jersey law. Any action arising out of or relating to these Terms of Service shall be filed only in courts or arbitration tribunals located in New Jersey and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding.

If a claim or disagreement between the User and the Company were to arise under these Terms of Service, the parties agree to submit the dispute through binding arbitration. The Parties expressly waive any other jurisdiction to which they may be entitled to under international private law principles and submit to the competent Courts and Tribunals of New Jersey – USA. 

The non-exercise by the Company of any right provided or derived from these Terms of Service shall not be construed under any circumstances as a waiver of those rights. The Company shall only waive its rights expressly.

Trendium LLC
support@filard.com