Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and iParty Mobile LLC ("Inventory Now," "we," "us") governing your use of the Inventory Now applications for iOS, Android, and the web, our website, and related services (together, the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy at https://www.inventorynow.com/privacy-policy. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and "you" includes it. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. The Service is intended for business and personal inventory management.

2. Your account

You are responsible for your account credentials and for all activity under your account, including activity by team members or sub-users you invite. Keep your credentials confidential and notify us promptly at the address below if you believe your account has been accessed without authorization. We may suspend access, reset credentials, or require verification where reasonably necessary to protect the Service or your account.

3. Subscriptions and billing

Parts of the Service require a paid subscription. Subscriptions may be purchased through the Apple App Store, Google Play, our website, or a connected commerce platform's billing system. The billing terms of the channel you purchase through apply to that purchase, including its renewal, cancellation, and refund mechanics:

- App Store / Google Play purchases are charged to your store account, renew automatically unless auto-renewal is turned off at least 24 hours before the end of the current period, and are managed and cancelled through your store account settings. Refunds are handled by Apple or Google under their policies. - Website purchases are billed by our payment processor, renew automatically each period until cancelled, and can be cancelled in your account settings. Cancellation stops future renewals; the current period runs to its end. - Connected-platform purchases (a subscription started from a commerce platform's app store) are billed by that platform under its terms and end if you uninstall our app from that platform.

One active subscription entitles your account to the corresponding plan's features regardless of which channel it was purchased through. Maintain only one active subscription at a time; if you believe you have been billed on two channels for the same account, contact us and we will help resolve it.

Prices are stated in U.S. dollars, may vary by country and channel, and may change. For renewing subscriptions, price changes take effect no earlier than your next renewal, with notice as required by the billing channel and applicable law. Any unused portion of a free trial is forfeited when you purchase a subscription.

4. Your data

You own your data. The inventory records, orders, images, and other content you store in the Service ("Your Data") belong to you. You grant us a limited, worldwide, non-exclusive license to host, store, process, transmit, display, and back up Your Data solely as needed to provide, secure, and improve the Service and as described in our Privacy Policy. We do not sell Your Data and we do not use it for advertising.

You are responsible for the accuracy and lawfulness of Your Data. You can export Your Data from the Service at any time while your account is active.

The Service is a tool, not a system of record guarantee. We work hard to keep counts, values, and reports accurate, but inventory figures depend on the information entered and on connected platforms. You are responsible for verifying figures you rely on for financial, tax, or legal purposes. The Service does not provide accounting, tax, or legal advice, including when it posts records to an accounting platform you connect.

5. Data processing terms

Where Your Data includes personal data of your customers or others, and data-protection law (such as the GDPR or CCPA) treats you as the controller or business, we act as your processor or service provider. To the extent of that processing, we: (a) process such personal data only to provide the Service and on your documented instructions, including as configured through your use of the Service; (b) apply the technical and organizational security measures described in our Privacy Policy, including encryption in transit and at rest; (c) ensure persons processing the data are bound by confidentiality; (d) engage the sub-processors listed in our Privacy Policy, remaining responsible for their performance, and will update that list when sub-processors change; (e) assist you, as reasonably necessary and taking into account the nature of the processing, in responding to data-subject requests and meeting your security and assessment obligations; (f) delete personal data processed on your behalf upon termination of your account or upon a deletion notice from a connected platform, within the timeframes stated in our Privacy Policy, unless retention is required by law; and (g) will notify you without undue delay upon becoming aware of a personal data breach affecting your personal data. Where the processing is subject to the CCPA, we do not sell or share such personal data, do not retain, use, or disclose it other than to provide the Service, and certify that we understand these restrictions.

6. Connected platforms

The Service can connect to third-party platforms (such as commerce marketplaces and accounting systems). Your use of a connected platform is governed by that platform's own terms, and you are responsible for your accounts there. When you connect a platform, you authorize us to exchange data with it on your behalf as described in the Service and our Privacy Policy. We are not responsible for connected platforms' availability, conduct, fees, or data practices, for changes they make that affect the integration, or for listings, transactions, or postings you initiate through the Service on such platforms. Publishing a listing or posting a record to a connected platform is your action; review before you confirm. Disconnecting a platform stops the exchange of data going forward; some platforms may require you to revoke access in their own settings as well.

7. Acceptable use

You agree not to: use the Service for unlawful purposes; interfere with or disrupt the Service; attempt to access other users' accounts or data; probe, scan, or test the vulnerability of the Service except through any responsible-disclosure process we publish; reverse engineer the Service except to the extent permitted by law; resell or provide the Service to third parties as a service bureau; introduce malicious code; or use the Service to send spam or infringing, deceptive, or unlawful content to any connected platform.

8. Our intellectual property; feedback

The Service, including its software, design, and trademarks, is owned by us or our licensors and protected by intellectual-property laws. These Terms do not grant you any rights in the Service except the limited right to use it as provided. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

If you download the app through the Apple App Store or Google Play, the store's standard end-user license terms also apply to the app binary; if those conflict with these Terms, these Terms control to the extent permitted.

9. Changes to the Service and these Terms

We may modify the Service over time, and may add, change, or retire features. We may also update these Terms. If we make material changes, we will notify you (for example by email or in the Service) before they take effect, and the updated Terms will apply from the stated effective date. Your continued use after that date constitutes acceptance. If you do not agree to updated Terms, stop using the Service and, if applicable, cancel your subscription.

10. Term, termination, and data retrieval

You may stop using the Service and delete your account at any time. We may suspend or terminate your access for material breach of these Terms, for suspected fraudulent or unlawful activity, or if required by law; where practicable, we will notify you and give you an opportunity to cure. For convenience terminations initiated by us without cause, we will provide at least 30 days' notice and a pro-rata refund of prepaid fees for the unused period on channels where we control billing.

Following termination or account deletion, you will have a reasonable opportunity — at least 30 days, except in cases of fraud or legal requirement — to export Your Data, after which we will delete it as described in our Privacy Policy.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NOT BE LOST. WE DO NOT WARRANT THE ACCURACY OF INVENTORY FIGURES, VALUATIONS, OR RECORDS POSTED TO CONNECTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

We are not liable for delays or failures caused by events beyond our reasonable control, including internet or infrastructure failures, actions of connected platforms, or force majeure events.

13. Indemnification

You will defend and indemnify us and our officers, employees, and agents against third-party claims, and resulting damages, costs, and reasonable attorneys' fees, arising from: (a) Your Data; (b) your use of the Service in violation of these Terms or of law; (c) your violation of a third party's rights, including on a connected platform; or (d) transactions between you and your customers.

14. Governing law and disputes

These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-laws rules. Before filing a claim, you agree to contact us and attempt in good faith to resolve the dispute informally for 30 days. Except where prohibited, any dispute not resolved informally will be brought exclusively in the state or federal courts located in Landrum, South Carolina, and both parties consent to their jurisdiction. Nothing in this section prevents either party from seeking relief in small-claims court or injunctive relief for misuse of intellectual property or data.

15. Electronic communications

You consent to receive agreements, notices, and other communications from us electronically, and agree that electronic communications satisfy any requirement that they be in writing. You may withdraw this consent by contacting us, in which case you must stop using the Service; withdrawal does not affect prior communications or transactions.

16. General

These Terms, together with the Privacy Policy and any order or plan terms presented in the Service, are the entire agreement between us regarding the Service. If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets, with notice to you. Sections that by their nature should survive termination (including 4, 5, 8, and 11–14) survive.

17. Contact

iParty Mobile LLC support@ipartymobile.com