Last updated: February 10, 2021
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
Application means the software program named EasyInvoice or EasyBooks, provided by the Company and downloaded by You, or delivered to your web browser on any electronic device.
Application Store means the digital distribution Service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Account means an individual account created for You to access our Service or parts of our Service.
Contract Period refers to your choice of either a month-by-month or annual contract.
Country refers to the United Kingdom.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Marla International LLC, Office 10, Level 1, Sharjah Media City, Sharjah, United Arab Emirates.
Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
EasyInvoice and EasyBooks are applications developed by Marla International LLC to provide Services to subscribers by way of the Apple App Store, Google Play and common Internet browsers such as Safari, Firefox and Chrome.
Feedback means feedback, innovations or suggestions sent by You regarding our Service’s attributes, performance or features.
Free Trial refers to a limited period which is free of charge and is available before purchasing a Subscription.
In-app Purchase refers to the purchase of a Subscription made through the Application and subject to these Terms and Conditions and or the Application Store’s terms and conditions.
Payment Processing Service Providers These include FastSpring, Apple App Store and Google Play Store.
Service refers to the Application, the Website, or both.
Subscriptions refer to the Services or access to the Service offered on a subscription basis by the Company to You.
Subscriber Data means all business data entered by the subscriber into EasyInvoice or EasyBooks.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding how the Service operates.
Third-party Social Media Service means any Services or content (including data, information, products or Services) provided by a third-party that may be displayed, included or made available by the Service.
You, means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing this Service’s use and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
The Service beyond any Free Trial is available only with a paid Subscription for a Contract Period, either monthly or annually. For payments through our website You authorize our Payment Processing Service Providers to store payment and other related information. If payment is made through the Apple App Store or Google Play then this is a non-recurring payment which is initiated each month.
You will be billed in advance regularly, either monthly or annually, depending on which you select when purchasing the Subscription. Service begins as soon as your initial payment is processed.
At the end of each period, Your Subscription will automatically renew under the same conditions unless You choose to cancel it, or your payment method is declined by your credit card or PayPal service, or You fail to pay your Subscription, or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
If your Subscription expires through non-renewal, failed payments, or you cancel it, the following occurs:
For seven days, you will be able to view your data, print reports and download data in the form of CSV files, but not enter any new transactions.
After seven days, no data will be available to view, print or download, and no new transactions can be entered.
Before the end of 28, if you renew your Subscription, your data will become available again, you can enter new transactions and carry on using the system in full.
Between 28 and 90 days, data can only be restored by manual processes, which may incur a fee.
Your data will be deleted and cannot be recovered at 90 days from a cancelled or non-renewed Subscription. This is in conformance to various data protection regulations, including GDPR.
You shall provide the Company with a valid payment method such as Credit Card or PayPal account details.
You authorize our Payment Processing Service Providers to store your payment method(s) and to automatically charge your payment method at the end of the period of your contract until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as Sales Tax, VAT, HST or GST if the rate does not include it), each period of your contract until you cancel.
If the Subscription was made through an In-app Purchase, billing is handled by the Application Store and is governed by the Application Store's terms and conditions.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to allow an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the Company’s sole discretion.
If the Subscription was made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
At its sole discretion, the Company may offer a Subscription with a Free Trial for a limited period of time. Your access to any free trial offer is provided at our sole discretion. Your email address is retained to prevent more than one Free Trial per email address.
You are not required to enter Your billing information to sign up for the Free Trial.
If you do not enter into paid a subscription at the end of the Free Trial, the data you have input remains available for a grace period of 7 days, but the system will accept no new transactions. At the end of the seven days all the business data you entered into EasyInvoice or EasyBooks will be deleted.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
The Application includes In-app Purchases that allow you to buy, extend or change your Subscription’s billing frequency.
More information about how you may manage In-app Purchases using your Device may be set out in the Application Store's terms and conditions or in your Device's Help settings.
You cannot cancel an In-app purchase. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
Suppose an In-app purchase is not successfully downloaded or does not work once it has been successfully downloaded. In that case we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the defect. In no event will We charge You to replace or repair the In-app Purchase, so long as the proof of purchase can be authenticated. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period and without significant inconvenience to You. Alternatively, if You wish to request a refund, You should contact the Application Store directly.
You acknowledge and agree that all billing and transaction processes be handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, you need to directly contact the Application Store.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password You use to access the Service and any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of your account’s security or unauthorized use.
You may not use as a username the name of another person or entity or that is not lawfully available to You for use, or a name or trademark subject to any rights of another person or entity. Use of a name that is offensive, vulgar or obscene is prohibited.
We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest backup of such Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by subscribers own error or accidental deletion by the subscriber.
Occasionally, to resolve problems with subscriber data, we may need access to that data. We will always request permission from you via email or within our customer support system.
Following Data Protection requirements, you have the right to have your data permanently deleted from our system subject to conditions as stipulated by GDPR and other data protection regulations and data retention obligations. If you need to do this you must email email@example.com and follow the instructions provided to confirm your identity.
The Service and its original content (excluding Content provided by You or other users), features and functionality will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks may not be used in connection with any product or Service without the Company’s prior written consent.
You assign all rights, title and interest in any Feedback You provide the Company. Suppose for any reason such assignment is ineffective. In that case You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or Services that the Company does not own or control.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Services available on or through any such web sites or Services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or Services You visit.
Cookies enable us to customize your website experience and how best to deliver a better online Service. You agree to allow us to store such cookies necessary for us to provide our Services to You. We will not sell or share your personal information derived from cookies or elsewhere to third parties. We do not store advertising cookies on your devices. Any cookies that are not required (optional) are not applicable in this agreement.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may discontinue using the Service, but any subscription payments will not be returned.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the preceding shall be limited to the amount actually paid by You through the Service or 100 USD if You have not purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not exclude implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its Affiliates and its and their respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter including non-contractual disputes or claims shall be governed by and construed in accordance with the laws of the United Kingdom. Your use of EasyInvoice or EasyBooks may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree first to try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You reside.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Suppose any provision of these Terms is held to be unenforceable or invalid. In that case such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
At Our sole discretion we reserve the right to modify or replace these Terms at any time. If a revision is significant, we will make reasonable efforts to provide at least 30 days' notice before any new terms taking effect. We will determine what constitutes a material change at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You will not be allowed to use our Service
If You have any questions about these Terms and Conditions, You can contact us: By email: firstname.lastname@example.org