1. INTRODUCTION
Thank you for using Mighty. Please read these Terms of Service and our Privacy Policy carefully as you must agree to both documents in order to be permitted to use our Service.
2. DEFINITIONS
Throughout these Terms & Conditions (the “Agreement”), we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical;
“App” refers to our software applications, through which all or some of our Service may be made accessible to you;
“Site” refers to our website www.mightypayments.com. and all affiliated subdomains;
“Service” refers to the services that we provide through our Site, including our invoice and estimate management service, our App, and our Site itself;
“Mighty” refers to our company, known as “Mighty Payments Group LLC”; our Site; our Service; or a combination of all or some of the preceding definitions (collectively, “Us” or “the Company”), depending on the context in which the word is used;
“User” refers to anyone who uses our Service, including those who use our App and general visitors to our Site;
“Client” refers to the end consumers seeking services from the User;
“You” refers to you, the person who is entering into this Agreement with Mighty.
3. HOW MIGHTY WORKS
Mighty is an app that helps professionals manage and grow their business, primarily by sending quotes, estimates, and invoices and by processing payments. Mighty is currently available on iOS mobile devices.
How email messages work through Mighty
Mighty sends emails to Users’ Clients on behalf of the Users. These emails contain web links to the estimates, invoices, or receipts, which may enable Clients to make payments to Users. Clients Emails are only sent to Clients when users actively choose to send them an estimate, invoice, or receipt, or if the Client chooses to have automated reminders sent to clients for estimates that have not been accepted, receipts that.
How other messaging work through Mighty
Mighty enables Users to send web links to estimates, invoices, and receipts to their Clients via channels other than email, too, when available through Users mobile devices. When doing so, Mighty enables the Users to select their methods of sharing the links with Clients and is not responsible for any charges incurred by using methods - such as SMS - that may have costs associated with them.
4. ELIGIBILITY
In order to use our Service, you must meet a number of conditions, including but not limited to:
If you are not eligible based on the requirements listed above, you agree to immediately stop using our Service.
5. NATURE OF SERVICE
Mighty believes that its Service is useful for the management of estimate, invoices, and the associated collection of payments. You agree that you are solely responsible for determining whether the use of our Service is right for you, and you agree to release Mighty from any liability relating to your use of our Service.
6. RULES OF USE
You must not:
7. ACCOUNT
Account Registration
To use most of the Services offered by Mighty, you will need register an account (“Account”) via Mighty’s App.
You can register the Account through a valid and accessible Apple or Google account, or using the combination of a valid email address and password. You will need to validate your email address to access Mighty’s full Service through our App.
Read more about how and what of your data we use in our Privacy Policy.
Account Security
You agree not to transfer or assign your Account to someone else.You are solely responsible for the safekeeping and security of your Account credentials and for any and all uses of your Account.
Account Problems
Please notify us immediately by sending an email to [email protected] if:
Account Cancellation
To cancel your Account, navigate to the Settings page in the Mighty app and select the option to “Delete Account”, then complete the confirmation process. Or, send an email noting your desire to cancel your account (including the name and email address associated with the account) to [email protected].
Note that if you or we cancel your Account, all of your Account information will be deleted and removed from Mighty, except for what we store for some period, as indicated in our Privacy Policy. We are not responsible or liable for any consequences of the removal or deletion of the Account.
We reserve the right to deny or refuse registration of any Account (or to cancel/terminate any existing Accounts; see section 20 of this Agreement for additional details).
8. PAYMENT AND REFUNDS
For Clients who purchase a subscription through the Apple Store:
THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIAL MONTHS OF SERVICE, UPGRADE/DOWNGRADE REFUNDS, OR REFUNDS FOR MONTHS UNUSED WITH AN OPEN ACCOUNT.
Subscription cancellation
To cancel your subscription open the Mighty app and go to Settings → Manage Subscriptions. From there, you will be directed to your Apple ID subscriptions page where you can choose to no longer renew your Mighty Pro subscription.
For all subscriptions purchased through the App Store, Apple requires you to manually cancel your subscription. Mighty cannot cancel your subscription for you.
You are solely responsible for properly canceling your Apple subscription. An email or phone request to cancel your subscription is not considered cancellation. Here’s a step by step guide on how to complete a cancellation: https://support.apple.com/en-us/HT202039
Please note that deleting the app from your device and/or deleting your account does not cancel your subscription.
Modifications to the Service and Prices
9. THIRD PARTY CHARGES
Because Mighty has a mobile App, downloading and/or using it may incur additional fees from your mobile provider for data use or other charges. You agree that Mighty is not responsible for these charges and you are advised to contact your mobile provider to ensure that you are aware of what using our Service will cost you.
10. OUR COPYRIGHT
Mighty must preserve the uniqueness of our content because it distinguishes us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
11. TRADEMARKS
“Mighty” is a trademark used by us, Mighty Software Group LLC, to uniquely identify our Site, Service, and business. You agree not to use this phrase or logo anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our app and website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
12. REVOCATION OF CONSENT
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
13. REPRESENTATIONS & WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE (INCLUDING SERVICE INTERRUPTIONS OR TECHNICAL GLITCHES), NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING ANY THIRD PARTY APP STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR WHAT MAY OCCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR DATA WITH OTHER USERS OR ANY OTHER THIRD PARTIES.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
14. INDEMNITY
You agree to indemnify and hold Us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend Us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
15. CHOICE OF LAW
This Agreement shall be governed by the laws in force in the United States of America. The offer and acceptance of this contract are deemed to have occurred in Delaware, USA.
16. FORUM OF DISPUTE
You agree that this Agreement shall be exclusively governed by and construed under the laws of the State of Delaware, excluding its rules on conflict of laws.
Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to Mighty or this Agreement, including, without limitation, those relating to its validity, its construction, or its enforceability shall be resolved through amicable negotiations directly with our team following the principles of good faith and cooperation.
If we cannot reach a consensus through negotiations, the dispute shall be referred to the corresponding court of the State of Delaware according to the jurisdiction rules.
All claims shall be brought within 1 (one) year after the claim arises, except to the extent that a more extended period is required by applicable law.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
Nothing in these Terms will prevent us from seeking injunctive relief with respect to a violation of these Terms or enforcement or recognition of any award or order in any appropriate jurisdiction.
17. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
18. SEVERABILITY
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Mighty shall have the sole right to elect which provision remains in force.
19. NON-WAIVER
Mighty reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
20. TERMINATION & CANCELLATION
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
21. ASSIGNMENT OF RIGHTS
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
22. AMENDMENTS
We may amend this Agreement from time to time. When we amend this Agreement, we will email you, if your email address is registered, that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.
23. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Mighty must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request [email protected]. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
