INFLATABLEOFFICE SOFTWARE IS LICENSED ON A MONTH TO MONTH SUBSCRIPTION BASIS, NOT SOLD. USE OF THIS SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS. CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE. USE OF SOFTWARE INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ANY ADDITIONAL OR DIFFERENT PURCHASE ORDER TERMS AND CONDITIONS SHALL NOT APPLY. IT IS IMPORTANT THAT YOU READ THESE TERMS AS A CONDITION OF OPENING YOUR ACCOUNT WITH INFLATABLEOFFICE OR CONTINUING SERVICES AS THEY SUPPLEMENT ALL ORDER FORMS AND CONTROL YOUR SUBSCRIPTION.
Clicking “accept” or installing and/or using the Software (defined below) establishes a binding agreement between InflatableOffice, LLC (“InflatableOffice”) and you as the person or entity licensing the Software (“Customer or You”); provided that if you are accepting this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "Customer" refers to such entity. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY RETURN, HALT USE, OR IF RECEIVED ELECTRONICALLY, CERTIFY DESTRUCTION OF SOFTWARE AND ALL ACCOMPANYING ITEMS, AND YOU WILL RECEIVE A FULL REFUND OF ANY LICENSE FEE PAID. This Agreement contains the parties' entire understanding relating to the subject matter and supersedes all prior or contemporaneous agreements.
We offer a money back guarantee on 100% of a year's subscription costs if you meet the following conditions. First give us your most recently completed fiscal year's gross sales when registering. At the end of your first twelve consecutive months of using InflatableOffice as your main method of operating your business, if you show less than 15% growth in gross revenue comparing the most recently completed calendar year before you started using InflatableOffice to the first 12 months once you start actively using InflatableOffice for your company, you may qualify for the guarantee. You are required to cancel your account with us and submit verification of your past year's and current year's sales via copies of your tax returns or equivalent documents as determined by InflatableOffice. You have two months after your first year is complete to submit for the guarantee. If you are closing or selling your business, the guarantee is not valid for you or the new owner. If you have met these conditions, we will return 100% of your subscription costs for the 12 month period of using InflatableOffice being used to verify compliance.
InflatableOffice bills month-to-month and will not refund any money for a month that has already begun. If you paid in advance for services, InflatableOffice will refund money for future unused services. However, at that point you forfeit any special pricing due to the advance purchase and the refund will reflect full price for previously used services. If your subscription payment is not received, service will continue for a 10 day grace period. At the end of the grace period if you still have not paid, your account will drop to a Limited account where only 10 rental items are available for use. After a month or more of not paying, your account will not be accessible until you pay the amount owed for the month or more missed. If rental items are being used as categories and accessories are being used as rental items, InflatableOffice reserves the right to count accessories in determining the software cost for the customer and the appropriate plan that you should be in.
InflatableOffice understands that many of its Customers are business entities and are often owned, managed and controlled by more than one person. As part of the initial account setup process, each Customer shall certify to InflatableOffice one person who shall serve as Authorized Officer (AO) on an account. Customer shall certify to InflatableOffice who shall serve as AO on an account by submitting a certified corporate resolution stating the name, address, and contact information of the person designated to fill this role. In the event that InflatableOffice does not receive a certified corporate resolution naming an individual as AO as specified herein, the AO shall be deemed to be the individual that is original registrant on the account with InflatableOffice.
Each Customer shall designate only one person as AO per InflatableOffice account. The AO shall then instruct InflatableOffice regarding all matters relating to our relationship. The AO shall be the only person authorized to instruct InflatableOffice as to whom information or data that we are storing may be shared with. Once Customer has established by corporate resolution who will serve in the position of AO all future communications between the Customer and InflatableOffice regarding all matters related to the business relationship involving Customer and InflatableOffice shall take place only with the AO.
Should Customer wish to change the person who is designated as the AO on the account, InflatableOffice shall require a signed certified resolution from the company requesting the change and naming the person that will serve as Authorized Officer and InflatableOffice may rely on any document purporting to be a certified resolution of the Customer without duty to make inquiry or investigation into the authenticity or propriety of that resolution. At no time shall this position be left unfilled for any Customer.
Customer should take into consideration the fact that the AO will be the primary person responsible for communicating with InflatableOffice staff regarding all aspects of Customer’s relationship with InflatableOffice. As such, the AO must be an adult (over 18 years old) whose primary language is English. If Customer is a foreign entity and no persons are available whose primary language is English a person who is fluent in English shall be selected as AO if possible.
Once a Customer has established with InflatableOffice the Authorized Officer (AO) on an account, Inferior Officer Accounts (IOA) may then be established. IOA accounts will serve as general worker accounts only and will possess no authority to control or dictate terms or instructions involving any aspects of Customer’s relationship with InflatableOffice. Customer may permit third party IOA users to access the software solely for Customer’s benefit in accordance with this Agreement, provided that Customer, (a) will be fully responsible for the acts and omissions of your IOA users with respect to the Services; (b) ensure that any access to the Services by any IOA users is completely disabled upon completion of the IOA users’ services requiring use of the software; and (c) you have an agreement in place with each IOA substantively requiring that the IOA User protect the Services, confidential information and intellectual property at least to the same extent as set forth in this Agreement. You acknowledge that InflatableOffice makes no warranty and has no other obligations to the IOA user. Any breach of this Agreement by any IOA user will be deemed to be a breach by Customer.
IOA accounts will be setup by InflatableOffice staff upon request from the AO only. Usernames and temporary passwords will be generated once the appropriate electronic request form has been filled out and submitted by the AO. All information related to IOA setup and account access will flow through the AO account only and the AO will be solely responsible for distributing account access materials generated by InflatableOffice staff to persons which Customer desires to have IOA access. IOA accounts may also be setup by the AO without the help of InflatableOffice.
IOA account access does not carry with it any ownership interests in the data or information submitted to the system while using these accounts. IOA accounts are owned by Customer and all information entered by or through an IOA account is solely property of the Customer.
This Agreement commences at the point in time when Customer has, 1) executed this licenses agreement; 2) InflatableOffice has received payment in full of all funds necessary to cover the first month’s charges for use of the software as set forth by InflatableOffice.
A party may terminate this Agreement for cause (i) upon 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. At the point in time when a termination for cause is properly executed and 30 days has passed without cure of any material breach occurring, InflatableOffice shall promptly refund any and all funds to Customer for future months of services while retaining in full any funds for the current month therein.
InflatableOffice reserves the right (but has no obligation) to take additional action, up to and including termination, in the following limited circumstances:
a) With or without notice, InflatableOffice may modify or terminate any or all Services or restrict Customer’s use in whole or in part if, in InflatableOffice’s sole judgment, use of the Services by Customer or as provided to Customer’s end users (i) presents a material security risk or will interfere materially with the proper continued operation of a data center, equipment, telecommunications network, or related equipment or services, or (ii) is subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop. Where permitted under the relevant court or governmental order, InflatableOffice will notify Customer of such order promptly so that you will have an opportunity to respond to the order. InflatableOffice also will notify you promptly of any security risks identified under clause (i) above and any action taken by InflatableOffice with respect to such security risks.
b) Upon notice of not less than seven (7) days and failure to cure within the notice period, InflatableOffice may modify or terminate any or all Services or restrict Customer’s use in whole or in part if, in InflatableOffice’s reasonable judgment, Customer’s use of the Services or for the benefit of your customers or end users (i) violates applicable laws or governmental regulations, including, without limitation, consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer and telecommunications laws; (ii) violates or infringes any intellectual property right of InflatableOffice or a third party; (iii) violates export control regulations of the United States or other applicable countries; or (iv) otherwise violates InflatableOffice’s acceptable use standards in Section 5.5 above.
InflatableOffice desires to serve its Customer’s and meet their needs to the highest degree reasonably possible. As such, in an attempt to avoid harm to Customer, InflatableOffice will use reasonable judgment in an attempt to avoid terminating an account for any of the above stated reasons when at all possible. In the event that InflatableOffice, in its sole and absolute discretion, decides that an account must be terminated, it will attempt to give as much notice to Customer as is reasonably practicable given the nature of the business and the importance to InflatableOffice of protecting the integrity of the software.
This Agreement shall be governed by and construed under the laws of the State of Ohio, USA, excluding choice of laws rules. Any action or proceeding arising from or relating to this Agreement, must be brought in a federal court in the Court of Common Pleas, Summit County Ohio, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. This Section 7.1 shall not restrict InflatableOffice’s right to bring an action against Customer in the jurisdiction where Customer’s place of business is located.
Any assignment or transfer of this Agreement by the Customer is prohibited without the prior written consent of InflatableOffice, and any attempted transfer or assignment without such consent shall be void and without force or effect. The terms of this Agreement shall be binding on permitted successors in interest and assigns.
Neither party shall be liable for default or delay in performing its obligations due to causes beyond its reasonable control, as long as such causes continue and the party continues to use commercially reasonable efforts to resume performance. If any such default or delay extends for more than 60 days, the other party shall have the right, without obligation or liability, to cancel any Order or portion thereof affected by such default or delay.
If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. This Agreement may only be modified in writing by authorized representatives of the parties. All notices required or authorized under this Agreement must be in writing and shall be sent, as applicable, to the other party’s legal department or to such other notice address as the parties specify in writing. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse.
You may choose to, but are not required to, provide suggestions, data or other information (“Suggestions”) to InflatableOffice regarding possible improvements in the operation, functionality or use of the Services. If you provide any Suggestions to InflatableOffice, InflatableOffice will own all right, title, and interest in and to the Suggestions. Inflatable will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to InflatableOffice all right, title, and interest in and to any Suggestions that you may willingly choose to provide in the future.
InflatableOffice is aware that situations will arise where either Customer or other third parties (such as a court of law) may wish to move/export/migrate data from an InflatableOffice account. Under such circumstances, Customer understands and fully agrees that any situation involving the migration of data shall be accomplished only through the tools provided and available within the Software at the time when such request is affected. Customer agrees that InflatableOffice cannot be compelled to gather data for a Customer in formats not available via the software interface. Any attempts by Customer to compel InflatableOffice to perform data migration via formats not available in the software interface shall be considered a breach of this agreement on the second of such attempts. A written warning stating that such requests must cease immediately shall be given upon any initial request of this nature.