Terms Of Service

This is an agreement between you or the entity that you represent (hereinafter “you” or “your”) and OnTrac Mobile LLC (hereinafter “OnTrac Mobile”, “we”, “us” or “our”) governing your use of our mobile invoicing and accounts receivable service (hereinafter “Street Invoice”). 
This Agreement consists of the following terms and conditions (hereinafter the “Terms”):
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use Street Invoice. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using Street Invoice.
Description of Street Invoice
We provide a mobile invoicing service Street Invoice ("Street Invoice"). You may use Street Invoice for your personal and business use or for internal business purpose in the organization that you represent. You may connect to Street Invoice using any Internet browser or device supported by Street Invoice  You are responsible for obtaining access to the Internet and the equipment necessary to use Street Invoice  You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscription to Street Invoice Beta Testing Programs
We may offer Street Invoice as closed or open beta service for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of the Street Invoice Beta. We will be the sole judge of the success of such testing and the decision, if any, to offer the service as commercial service. You will be under no obligation to acquire a subscription to use any paid service as a result of your subscription to the beta testing program. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, the Street Invoice Beta with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Street Invoice Beta for any reason.
Modification of Terms of Street Invoice
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.streetinvoice.com/terms.html. You may terminate your use of Street Invoice if the Terms are modified in a manner that substantially affects your rights in connection with use of Street Invoice. Your continued use of Street Invoice after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use Street Invoice. If you represent an organization and wish to use Street Invoice for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of Street Invoice.
Personal Information and Privacy
Personal information you provide to us through Street Invoice is governed by our Privacy Policy. Your election to use Street Invoice indicates your acceptance of the terms of our Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@streetinvoice.com or by calling us on any of the numbers listed on http://www.streetinvoice.com/. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Communications from Us
Street Invoice may include certain communications from us, such as Street Invoice announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using Street Invoice. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving Street Invoice announcements and administrative messages.
Fees and Payments
Subscriptions to Street Invoice will be available on monthly and yearly subscription plans. There is also a free plan available. For the paid plans, your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the paid subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. We reserve the right to change the subscription fee and to charge for use of services that are currently available free of charge. You will not be charged for using Street Invoice unless you have opted for a paid subscription plan. Information on the subscription options and charges for Street Invoice will be available at http://www.streetinvoice.com/. OnTrac Mobile does not offer refunds for cancellation requests.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make Street Invoice available to any third party; (ii) provide any services based on Street Invoice without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use Street Invoice for illegal purposes.
Illegal Activities
You agree to be solely responsible for the contents of your transmissions through Street Invoice. You agree not to use Street Invoice for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use Street Invoice for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to Street Invoice if there are reasonable grounds to believe that you have used Street Invoice for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of Street Invoice. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of Street Invoice does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for our commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing Street Invoice to you.
User Generated Content
You may transmit or publish content created by you using Street Invoice. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using any of Street Invoice, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on Street Invoice, you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that OnTrac Mobile will have the right to block access to or remove such content made available by you, if OnTrac Mobile receives complaints concerning any illegality or infringement of third party rights in such content. By using Street Invoice and transmitting or publishing any content using Street Invoice, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by OnTrac Mobile for this purpose.
OnTrac, "Street Invoice" and the OnTrac logo, are trademarks of OnTrac Mobile LLC. You agree not to display or use, in any manner, OnTrac Mobile trademarks, without our prior permission.
Disclaimer of Warranties
You expressly understand and agree that the use of Street Invoice is at your sole risk. Street Invoice is provided on an as-is-and-as-available basis. OnTrac Mobile expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. OnTrac Mobile makes no warranty that Street Invoice will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of Street Invoice shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of Street Invoice or the download of any such material. No advice or information, whether written or oral, obtained by you from OnTrac Mobile, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability
You agree that OnTrac Mobile shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use Street Invoice, even if OnTrac Mobile has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with OnTrac Mobile LLC related to Street Invoice shall be termination of Street Invoice service. In no event shall OnTrac Mobile LLC's entire liability to you in respect of Street Invoice service, whether direct or indirect, exceed the fees paid by you towards Street Invoice service.
You agree to indemnify and hold harmless OnTrac Mobile LLC,  its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used Street Invoice in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of Street Invoice, except where such use is authorized by OnTrac Mobile LLC.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New York and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, OnTrac Mobile may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of Street Invoice in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@BeOnTrac.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny Street Invoice upon reasonable belief that you have violated the Terms and to terminate your access to any Street Invoice in case of unexpected technical issues or discontinuation of Street Invoice. Termination of user account will include denial of access to all Street Invoice, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this agreement, please contact us at legal@BeOnTrac.com .

Last updated on: May 19, 2014