Terms and Conditions
Introduction
Welcome to FF Inventory, operated by Invensync, Inc. (referred to as “we,” “our,” “us,” or “Company”). These Terms and Conditions (“Terms”) govern your use of our software as a service (“Service”). By using the Service, you agree to be bound by these Terms.
Company Information
Company Name: Invensync, Inc.
Trading As: FF Inventory
Formerly Known As: ZapERP, ZapInventory
Address: 1111B S Governors Ave STE 6563, Dover, DE 19904, US
Trial and Subscription
1. Free Trial: We offer a 14-day free trial to new users. During this period, you can evaluate our Service without any charges. If you do not cancel your account before the end of the trial period, you will be charged for the subscription plan you selected.
2. High Usage Accounts: Accounts exceeding the 15,000 SKU limit must upgrade to an enterprise account. Continued use beyond this limit under a non-enterprise account is prohibited.
3. No Refund Policy: All payments made for the Service are non-refundable. Once you have paid for the Service, you are not eligible for a refund or credit, irrespective of usage.
4. Failure to Pay: If payment is not received within five (5) days of the due date, your account will be suspended. If payment is not received within fourteen (14) days, your account and all associated data will be automatically deleted.
5. Automatic Renewals: Subscriptions renew automatically at the end of each billing cycle. If you exceed the package limit (e.g., Growth plan), you will automatically be charged $35 per 1,000 additional orders.
Acceptable Use Policy
1. Prohibited Activities: You agree not to use the Service for:
- Any illegal activities.
- The sale or promotion of firearms, ammunition, or other weapons.
- Activities that violate any applicable laws or regulations.
- Spamming, phishing, or distributing malware.
- Engaging in fraudulent activities or misrepresentation.
- Infringing on the intellectual property rights of others.
- Interfering with or disrupting the integrity or performance of the Service.
2. No Abuse: You must not abuse, harass, threaten, or harm any other user of the Service or our staff. Any form of abuse will result in immediate termination of your account without notice or refund.
User Responsibilities
1. Accurate Information: You agree to provide and maintain accurate, current, and complete information as prompted by the registration process and to update such information to keep it accurate, current, and complete.
2. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Service
Intellectual Property
1. Ownership: All content, trademarks, and data on the Service are owned by Invensync, Inc. or our licensors. You may not use any of our intellectual property without our prior written consent.
2. User Content: You retain ownership of any content you upload to the Service. However, by uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for the purpose of operating and improving the Service.
Technical Issues and Support
1. Service Availability: We do not guarantee that the Service will be available at all times. We may experience interruptions due to maintenance, updates, or other factors beyond our control. We are not obligated to provide refunds or credits for any periods of Service unavailability.
2. Technical Support: For any technical issues, you must contact our support team at support@ffinventory.com. We will make reasonable efforts to assist you with any technical problems you encounter.
3. Data Backup: We perform daily backups of all user data to ensure data protection and recovery in case of service interruptions.
Service Level Agreement (SLA)
Service Availability: We aim to provide a high level of service availability. Our target uptime for the Service is 99.5% during any calendar month, excluding scheduled maintenance and factors beyond our control.
Scheduled Maintenance: We will make reasonable efforts to perform scheduled maintenance during off-peak hours. You will be notified in advance of any scheduled maintenance that may impact service availability.
Unscheduled Downtime: In the event of unscheduled downtime, we will work diligently to restore the Service as quickly as possible. However, we do not guarantee uninterrupted service and are not liable for any downtime.
Technical Support: Our support team is available to assist you with any technical issues. You can reach our support team at support@ffinventory.com. Response times may vary, and we do not guarantee immediate resolution of all issues.
No Liability for Service Interruptions: While we strive to meet our service availability targets, we are not liable for any damages or losses resulting from service interruptions, failures, or downtime. This includes, but is not limited to, data loss, lost profits, or other economic damages.
Exclusions: Our SLA does not apply to any performance issues caused by:
- Factors outside our reasonable control, including but not limited to natural disasters, war, acts of terrorism, riots, government action, or internet service provider failures.
- Your equipment, software, or other technology and/or third-party equipment, software, or other technology (other than third-party equipment within our direct control).
- Scheduled maintenance or emergency maintenance.
Changes to SLA: We reserve the right to modify this SLA at any time. Any changes will be communicated to you via email or by posting a notice on our website. Your continued use of the Service after the effective date of the modified SLA constitutes your acceptance of the changes.
Usage Monitoring and Auditing
Monitoring: We reserve the right to monitor your use of the Service to ensure compliance with these Terms, manage service performance, and improve the Service. This monitoring may include tracking login times, frequency of use, volume of data processed, number of SKUs managed, and other relevant metrics.
Auditing: We may periodically conduct audits of user activities and usage patterns to ensure compliance with these Terms. Audits may involve reviewing system logs, user interactions, and other data pertinent to your use of the Service.
User Notification: By using the Service, you acknowledge and agree that your use of the Service may be monitored and audited. We will make reasonable efforts to notify you of any significant audit findings that may affect your use of the Service.
Data Privacy: All data collected during monitoring and auditing will be handled in accordance with our Privacy Policy. We are committed to protecting your privacy and ensuring that your data is secure.
Consequences of Violations: If monitoring or auditing reveals any violations of these Terms, we reserve the right to take appropriate actions, including but not limited to:
- Suspending or terminating your account.
- Charging additional fees for excess usage or other breaches.
- Pursuing legal action if necessary.
Cooperation: You agree to cooperate with us during any audit or investigation into your use of the Service, including providing any necessary information or access to relevant systems and data
Limitation of Liability
No Warranties: The Service is provided “as is” and “as available” without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement.
Account Suspension: If you breach any terms of this agreement, your account may be suspended with immediate effect.
Indemnification: You agree to indemnify, defend, and hold harmless Invensync, Inc. from any and all claims, damages, losses, liabilities, and costs (including attorney’s fees) arising from your use of the Service, your violation of these Terms, or any infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation: In no event shall Invensync, Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Service.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.
- Any suspension or termination of your account.
Pricing and Payment
Price Increases: We will notify you of any price increases at least thirty (30) days in advance. Your continued use of the Service after the effective date of the price increase constitutes your agreement to the new pricing.
Access Conditions
Security: You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify FF Inventory of any unauthorized use of your passwords, or any other breach of security. FF Inventory will reset your password, and you must take all other actions that FF Inventory reasonably deems necessary to maintain or enhance the security of FF Inventory’s computing systems and networks and your access to the Services.
Data Protection and Privacy
Privacy Policy: Our Privacy Policy, which can be found on our website, explains how we collect, use, and protect your personal information. By using the Service, you agree to the terms of the Privacy Policy.
GDPR Compliance: If you are a resident of the European Union, you have specific rights under the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information.
Modification of Services
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We will notify you of significant changes to the Service by email.
Feedback
Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Subcontracting
We may subcontract any of our obligations under these Terms without your consent and without notice to you.
Third-Party Services
The Service may integrate with third-party services. We are not responsible for the availability or functionality of such third-party services, and we are not liable for any losses or damages arising from your use of them.
Usage Data
We may collect and use data regarding your use of the Service in an aggregated and anonymized manner for the purpose of operating, improving, and enhancing our Service.
Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Termination
Termination by Us: We reserve the right to suspend or terminate your access to the Service at any time, without notice or liability, for any reason, including if you breach these Terms
Termination by You: You may terminate your account at any time by contacting us. Upon termination, you must cease all use of the Service.
Changes to Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the change becoming effective. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will otherwise remain in full force and effect and enforceable.
Entire Agreement
These Terms constitute the entire agreement between you and Invensync, Inc. regarding the use of the Service, superseding any prior agreements between you and Invensync, Inc. relating to your use of the Service.
