1. ACCEPTANCE OF TERMS.

Tacktile Systems owns and operates the mobile app – Simple Invoice Manager and Invoice Pro- Invoice on the Go and its related sites, services and technology that are made available.

These terms of service govern your access to and use of the Service (“Terms of Service”). The Terms of Service shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published by Tacktile Systems from time to time, including without limitation, the following:

For purposes of these Terms of Service “User” shall mean either you as an individual or the entity on whose behalf you are accepting these Terms of Service and who is afforded all rights and bound by all terms hereunder. User represents that he/she/it is authorized to accept these Terms of Service.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT USE OR DOWNLOAD OR OTHERWISE ACCESS ANY PART OF THE SERVICE. USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.

2. CHANGES.

Tacktile Systems reserves the right, at its sole discretion, to modify or replace the Terms of Service (including any Policy), in whole or in part, at any time.

3. ELIGIBILITY.

Tacktile Systems may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

4. REGISTRATION.

Although the service offers you an option to register , but it is not compulsory as a condition of gaining access to the Service. Registration is completely optional and may be needed to avail some of our value added services

5. PRIVACY.

Simple Invoice Manager’s current Privacy Policy is available at http://www.simpleinvoicemanager.com/privacy/ which shall apply to any use of the Service and which may be modified by Tacktile Systems in its discretion from time to time pursuant to the procedures set forth therein.

6. USER CONDUCT

User may only use the Service for his/her personal or commercial use, or as part of an evaluation of the Service with regard to potential commercial use thereof. User will comply with all applicable laws, regulations and rules in connection with the Service. Without limiting the foregoing, Users shall not use the Service for the purpose of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information. User may not use the Service in violation of these Terms of Service.

User agrees not to take any action using any aspect of the Service, in any manner, that:

· is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Service;

· infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;

· constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling;

· imposes an unreasonable or disproportionately large load on Tacktile Systems’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;

· contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Tacktile Systems or any third party;

· harvests, scrapes or collects any information from the Site;

· impersonates any person or entity, including any employee or representative of Tacktile Systems.

Tacktile Systems may, at its sole discretion, immediately suspend or terminate any User’s access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of these Terms of Service.Tacktile Systems may, at any time, monitor, review, remove, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement). Tacktile Systems is not responsible for any failure or delay in removing any such content.

7. PROPRIETARY RIGHTS.

User acknowledges and agrees that the Service and all content and materials created by or for Tacktile Systems and made available on or via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Tacktile Systems (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto.User may not to sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Service or its content and materials. Systematic retrieval of data or other content from the Site by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited.

8. TERMINATION.

Tacktile Systems may terminate any User’s access to all or any part of the Service, with or without cause, with or without notice, effective at any time.

9. DISCLAIMER OF ALL WARRANTIES.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TACKTILE SYSTEMS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.

10. LIMITATION OF LIABILITY.

User agrees that Tacktile Systems shall not be responsible or liable for any material or data sent or received or not sent or received through the Service. User agrees that Tacktile Systems is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.

User agrees, in connection with any use of the Service: (a) to release Tacktile Systems (and its licensors and suppliers) from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such User (including any disputes with other Users using the Service); and (b) to attempt to settle any disputes directly with such other User or other third party.

IN NO EVENT SHALL TACKTILE SYSTEMS (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SERVICE REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO TACKTILE SYSTEMS BY USER (AND RETAINED BY TACKTILE SYSTEMS HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF TACKTILE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION.

User agrees to (a) defend Tacktile Systems and its employees, contractors, officers, directors and representatives against any action or suit by a third party that arises out of any transaction with Tacktile Systems or another User in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under this Agreement and (b) indemnify Tacktile Systems for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Tacktile Systems reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with Tacktile Systems in asserting any available defenses.