Invisibly

Terms of services

Effective as of July 1, 2022

Introduction

Invisibly, Inc. provides this website, our mobile application and browser plugin (collectively, the “Services”) subject to your agreement to and compliance with these terms (the “Agreement”). This Agreement, as well as our Privacy Policy found [here], set forth the legally binding terms and conditions governing your use of the Services. By using the Services or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Services.

About Us

Invisibly is a personal data agent and provides people a data management platform designed to empower their data ownership, control, privacy and profit. Individuals may elect to add data to their Invisibly Data Vault to execute a variety of functions, including but not limited to understanding what is known about them online, to inventory and delete their data, to enforce their privacy rights, or to earn a personal data dividend. 

Use of Services

You must be at least sixteen (16) years old to use the Services. By using the Services, you represent that you meet this minimum age requirement.In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. 

Some parts or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time. Use of the Services may cause you to incur data charges from your provider.

Permission to Use Services

Subject to this Agreement, we grant to you a limited, non-exclusive, non-transferable license to use our Services for your internal use and not for commercial resale or further distribution. Except for your pre-existing rights and this license granted to you, we retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. You will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.

Your Registration and Use Obligations

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as may be prompted by the Service (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Permissions You Grant Us to Provide the Services

Data Storage and Processing 

If you elect to create an Invisibly account and Personal Data Vault, you give us permission to securely store, anonymize, analyze, process and aggregate your data solely for the purposes of providing you the Services, including (i) the ability to review and correct the accuracy of your data, (ii) to receive offers, incentives or rewards if you elect to receive them, (iii) to download, export and or delete a copy of such data, (iv) to control which data is shared with certain parties, (v) to export your data to receive money from our partners (“Personal Data Dividend”). 

Privacy 

You further appoint us as your agent and proxy in order for us to act on your behalf only where you instruct us to (i) block unconsented third-party tracking services, (ii) make data requests and or submissions on your behalf pursuant to the California Consumer Privacy Act and similar laws, (iii ) serve as your anonymized proxy in accessing certain websites where you desire to login anonymously, where available. In order to effectuate your requests you agree we may send emails on your behalf and generally communicate with third parties who hold your data.

Earnings

Where you elect to license your data to receive a Personal Data Dividend or take other paid actions in exchange for a monetary reward, you agree Invisibly may represent this value in an account assigned to you, until such time as you are able to receive such funds as they become available, not to exceed a rolling 30 day basis. You agree and understand that to receive the value represented in your account, your account must meet a minimum value threshold, and that you may be paid in credits, points, or other non-monetary means. You understand if you delete your data or close your account, these earnings are lost. You further understand that if your account value is denominated in a currency such as U.S. dollars, the value does not represent currency we are holding on your behalf, and only becomes a transferable currency once such value is transferred to you through one of our payment partners. 

Data Ownership

You own your Data stored with Invisibly and manage your data through your personal data vault. You choose what data you share within the Invisibly app or service, which will each have distinct details about how your data will be used.

Privacy

Privacy and security are built into the Invisibly Services and business practices. We will not disclose the Data you store within Invisibly’s Services to anyone unless you direct us to do so. In the course of using the Services, you may be asked to provide certain information to us, such as a username or email address at registration. These Terms and our Privacy Policy, which is incorporated into these Terms, shall govern the use of any such information. You agree that you are solely responsible for the accuracy and content of such information, including keeping your email address updated, which is the only way we can reach you about your account, new features, offerings and partnerships, and other important announcements.

Access to our Services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material or data that you import, share or utilize, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability. This means you could lose any earnings or data you may have accrued within your account.

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the Service software, or compile or collect any Service content provided to you as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any parts of the Service; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service content.

Restricted Areas of the Services

Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you. We cannot and will not be liable for any loss or damage arising from your failure to comply with this.

Links and Third Party Content

Our Services may display, or contain links to, third party products, services, content and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.

You will not use our Services to: (i) upload, post, email, or otherwise transmit any submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users.

Trademarks and Service Marks

“Invisibly,” the Invisibly logo, and any other product or service name or slogan displayed on our Services are the intellectual property of Invisibly, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Invisibly, Inc. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, trade dress and or copyrighted material owned by Invisibly, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, fully paid-up, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, within any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Copyright Complaint Policy 

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent

Invisibly, Inc. 

201 S. Central Ave. Ste 300 

St. Louis, MO 63105

e-mail: legal@invisibly.com

General 

  • If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
  • In the event that we update this Agreement and you are made aware of the update, your continued use of the Services after the update, or other agreement to the updated terms, shall constitute an agreement to the updated terms.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.
  • We may assign our this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
  • Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  • All notices given by you or required under this Agreement shall be in writing and addressed to legal@invisibly.com 
  • This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Disclaimers and Limitation on Liability 

  • We cannot guarantee the Services will be running perfectly 100% of the time. We will address bugs and flaws as quickly as possible to optimize your experience. If our Service contains an inaccuracy or error, we reserve the right to correct any such errors and to change/update information at any time without prior notice.
  • Our Service is designed to make inferences about you, your preferences, likes and dislikes. Such assumptions may be not always be accurate, and result in receiving content, offers, or communications that do not necessarily reflect your personal preferences. 
  • If you choose to get paid for licensing your data – or for taking any other actions in exchange for earnings – there could be potential tax implications for which you are solely responsible for reporting and remitting to the appropriate taxing authority. 
  • In the event of any data breach or loss thereof, we will use best efforts to remediate any breach and or restore such data, but cannot guarantee that our Service is 100% fail-safe from being hacked, or impacted by other third-parties or acts of God beyond our control. 

Warranties

You Agree And Acknowledge That We Provide The Services “As Is” And Without Any Warranty Or Condition, Express, Implied Or Statutory. We, Our Parents, Subsidiaries, Officers, Directors, Shareholders, Members, Managers, Employees And Suppliers, Specifically Disclaim Any Implied Warranties Of Title, Accuracy, Suitability, Applicability, Merchantability, Performance, Fitness For A Particular Purpose, Non-infringement Or Any Other Warranties Of Any Kind Relating To The Services. 

Limitation of Liability 

We And Our Suppliers And Licensors Will Not Be Liable For Any Direct, Indirect, Incidental, Special, Consequential, Or Exemplary Damages, Including But Not Limited To, Damages For Loss Of Revenue, Credits, Earnings, Profits, Goodwill, Use, Data, Privacy Or Other Intangible Losses (Even If We Have Been Advised Of The Possibility Of These Damages), Resulting From Your Use Of Our Services. Under No Circumstances Will The Total Liability Of Us And Our Suppliers And Licensors Of All Kinds Arising Out Of Or Related To Your Use Of The Services (Including But Not Limited To Warranty Claims), Regardless Of The Forum And Regardless Of Whether Any Action Or Claim Is Based On Contract, Tort, Or Otherwise, Exceed The Amounts, If Any, The Greater Of The Amount Which (1) You Have Paid To Us For Your Use Of The Services And For The Twelve (12) Month Period Prior To The Claim, Or (2) You Have Received (Earned) From Your Use Of The Service During The Same Period. 

Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Services (b) your use of the Services, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Services.

Cancellation and Termination

You can cancel your account and export and delete your Data at any time. Invisibly may also suspend or terminate your account if you violate these Terms and in which case you may lose all data and or earnings accrued therein. 

Legal

You agree that any claim or dispute arising out of or relating in any way to the Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Missouri shall govern this Agreement, and shall be used in any arbitration proceeding.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: 201 S. Central Ave., Ste. 300 St. Louis, MO 63105, ATTN: Legal Department.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, and shall be located in St. Louis, Missouri. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in St. Louis County or the City of St. Louis, Missouri. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE AFOREMENTIONED JURISDICTIONS. 

Contacting Us

If you have any questions or concerns about our Services or these Terms, please email legal@invisibly.com