These Terms of Service (“Terms”) are a legal agreement between Awesome Gapps Sarl, herein “Awesome Gapps”, having an office and place of business at 30, boulevard Grand-Duchesse Charlotte, L-1330 Luxembourg, Luxembourg, and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”). By creating or registering an account with us on our website located at: https://invoicetosheet.com, or on the Gmail addon, or on the webapp located at https://app.invoicetosheet.com, by mutually executing one or more order forms with us which reference these terms or by accessing or using any part of the Invoice to Sheet application (the “Service”) in any manner, You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein to the exclusion of all other terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. If You do not agree to these Terms, You must not use or access the Service. If You are entering into these Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms. If You have purchased a license to use the Service through an Awesome Gapps authorized reseller, You also agree to comply with the terms of any agreement between You and such reseller. In the event of an inconsistency between these Terms and any such reseller agreements, these Terms shall control. If you register for the Service free tier, these Terms will also govern your utilisation of the Service under that free tier.
Description of Service
Invoice to Sheet is an application that extracts data from PDF documents attached to your email in Gmail and stores it in an output file, typically a Google Sheet (the “Output File”). Invoice to Sheet identifies and extracts data from the source file using Google Document AI Solution (“Google Document AI”).
Google Document AI is a document understanding solution provided by Google Inc and subect to Google’s terms of services located at https://cloud.google.com/terms and covered by Google’s obligations set forth in the Data Processing and Security Terms located at https://cloud.google.com/terms/data-processing-terms. Moreover, Google Document AI is considered by Google as a “Pre-GA Offerings” and in this regard is subject to the specific terms located at https://cloud.google.com/terms/service-terms. All the aforementioned Google’s terms applicable to Google Document AI are referred below as “Google Document AI Terms”. As per Google Document AI terms, pre-GA Offerings (a) may be changed, suspended or discontinued at any time without prior notice and (b) are not covered by any SLA or Google indemnity and (c) may not be covered by technical support service provided by Google (TSS).
The Service is provided subject to these Terms and solely for Your business purposes. You may connect to the Service using any Internet browser supported by the Service.
The Service requires a Google account that will be used to access the Service and the source file which will contain the data processed by the Service (a Gmail attachment). You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately installing the Service and for managing the Output File(s) and their content in Your Google Drive. All fees associated with the foregoing shall be paid by You.
Customer is responsible for maintaining the confidentiality of Customer’s password and securing its Google account against unauthorized access. Customer agrees not to share its password with anyone other than its Users, let anyone else access its password or do anything else that might jeopardize the security of its password. Customer agrees to notify Awesome Gapps if Customer’s password is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of its password or Google account or any User’s google account, or if Customer learns of any other breach of security in relation to the Service. Customer is solely responsible for any and all activities that occur through the use of Customer’s Google account or its Users’ Google accounts.
To these Terms: Awesome Gapps reserves the right to update and change the Terms upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website https://invoicetosheet.com. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with your use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://invoicetosheet.com/terms-of-service.
To the Service: Awesome Gapps may make changes to the Service from time to time. Awesome Gapps will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.
Purchase Orders: In the event that You issue a purchase order or other instrument used to pay Service Fees to Awesome Gapps, any terms and conditions set forth in the purchase order which are in addition to those set forth in these Terms or establish conflicting terms and conditions to those set forth in these Terms are expressly rejected by Awesome Gapps and superseded by the terms and conditions of these Terms.
Use of the Service
Access to Service: Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access. Upon installation of the Service, Customer will be able to access the Service through the Gmail interface, by opening an email containing one or several attached invoice(s) (“Source File(s)”) and clicking on the Invoice to Sheet add-on on the right sidebar in Gmail. Customer will then be able to select the Source File(s) to be parsed by the Service, and to send the required invoice data from the Source File to the Output File.
Customer acknowledges that the Service needs to have edit rights of the Output Files in order to operate. Customer is solely responsible for revoking such permissions when desired.
License to Customer: Subject to Customer’s compliance with these Terms, the Google Document AI Terms, the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), any other Google specific contract or policy applicable to Customer use of Google solutions and the terms and conditions of any Third Party Offering, including, without limitation, Customer’s payment of all applicable fees, Awesome Gapps hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the Service solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and/or Third Party Offerings and Customer agrees to indemnify Awesome Gapps for all claims and losses related to any such acts and/or omissions.
Awesome Gapps reserves the right to terminate unpaid accounts. Awesome Gapps will provide Customer with prior notice of such termination by email.
Restrictions on Use
Restrictions on Use of Invoice to Sheet: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:
- 1. copy, modify, adapt, translate or otherwise create derivative works of the Service (including Google Document AI) or Third Party Offering;
- 2. reverse engineer, decompile, translate, disassemble or otherwise attempt to discover the source code of the Service (including Google Document AI) or Third Party Offering;
- 3. rent, lease, sell, resell, assign, sublicense, transfer, distribute any or all of the Service (including Google Document AI) or Third Party Offering or otherwise transfer rights in or to the Service, Google Document AI or Third Party Offering;
- 4. access or use the Service (including Google Document AI) or Third Party Offering for:
- 4.a. activities where the use or failure of the Service, Google Document AI, or Third Party Offering would reasonably be expected to lead to death, personal injury, or environmental damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry);
- 4.b. In violation of the then-current Google’s acceptable use policy stated at http://cloud.google.com/terms/aup;
- 4.c. In violation of the then-current Google Document AI Terms;
- 4.d. In violation of any then-current terms applicable to the Third Party Offerings;
- 4.e. In a manner intended to avoid incurring fees (included creating multiple accounts to simule or act as a single customer account) or to circumvent the specific usage limits or quotas of the Service or Google Document AI or Third Party Offering;
- 4.f. For materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the Department of State of the US or to process of store any data that is subject to the ITAR;
- 4.g. To transmit, store, or process health information subject to united States HIPAA regulations;
- 5. remove any proprietary notices or labels from the Service (including Google Document AI) or Third Party Offering;
- 6. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or Google Document AI or Third Party Offering;
- 7. use the Service (including Google Document AI) or Third Party Offering for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
- 8. otherwise use of the Service (including Google Document AI) or Third Party Offering in violation of any applicable laws (including but not limited to copyright laws and Export control laws).
This list of prohibitions provides examples and is not complete or exclusive.
Awesome Gapps may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Awesome Gapps’s discretion, Awesome Gapps will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold Awesome Gapps and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Awesome Gapps or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service (including Google Document AI) or Third Party Offering or the use of Service (including Google Document AI) or Third Party Offering by any person using your account (including without limitation, Your Content as defined below) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Suspension or Termination
Awesome Gapps reserves the right to suspend or terminate your access to Service (including Google Document AI) with or without cause and with or without notice, for any reason or no reason, or for any action that Awesome Gapps determines is inappropriate or disruptive to the Service or to any other user of this Service.
Without prejudice to the above, Awesome Gapps reserves the right to suspend or terminate Customer’s access to the Service (including Google Document AI) with or without notice in particular if Awesome Gapps reasonably determines that:
- (a) there is a threat or attack on the Service or Google Document AI (including a denial of service attack) or other event that may create a risk to the Service, Google Document AI, any Third Party Offering, Awesome Gapps, Customer, or any user of the Service;
- (b) Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security risk to the Service, Google Document AI or any Third Party Offering or any user of the Service, may harm Awesome Gapps’s systems, or may subject Awesome Gapps or any third party to liability;
- (c) Customer or any User is using the Service (including Google Document AI) or Third Party Offering for fraudulent or illegal activities;
- (d) Customer or any User is causing performance disruptions in the Services or in Google Workspace by using the Service in a way that is not recommended in guidelines published in the Service’s documentation or by ignoring recommendations provided by Awesome Gapps’ technical support;
- (e) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
- (f) Customer or any User is using the Service or other Awesome Gapps or Google Document AI property in breach of these Terms or is using any Third Party Offering in violation of the concerned Third Party Offering’s terms and conditions;
- (g) The agreement Awesome Gapps has with Google for the use of Google Document AI is terminated for any reason or Google suspends the use of Google Document AI by Awesome Gapps for any reason; OR
- (h) Customer (or reseller, if applicable) is in default of its payment obligations hereunder (collectively, "Service Suspensions").
Awesome Gapps will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer, and to provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.
In addition, Awesome Gapps may suspend your use of the Services (including Google Document AI) to comply with the Google Document AI Terms, including for (but not limited to) the following reasons: (a) your use of Google Document AI through the Service is in violation of Google’s Acceptable Use Policy, (b) there is suspected unauthorized third party access to the Service, (c) Google believes it is required to suspend it immediately to comply with applicable law or (d) you are in breach of the Restriction on Use listed above. Google may suspend your Google Workspace account if: (a) your use of Google Workspace is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) Google Workspace; (ii) other users’ use of Google Workspace; or (iii) the Google network or servers used to provide Google Workspace services; or (b) there is unauthorized third party access to Google Workspace. Google may suspend your use of the Third Party Integrated Module if: (a) your use of the Third Party Integrated Module is in violation of Google’s Acceptable Use Policy, (b) there is suspected unauthorized third party access to the Third Part Integrated Module, (c) Google believes it is required to suspend it immediately to comply with applicable law or (d) you are in breach of the Restriction on Use listed above.
Google Document AI and Third Party Offerings
The Service uses or contains features designed to interoperate with Google Document AI and Third Party Offerings. Google Workspace (including Gmail and Google Sheet) is an example of Third Party Offering for the purpose of these Terms. To use Third Party Offerings, Customer shall obtain access to such Third Party Offerings from applicable providers and comply with any terms and conditions applicable to such Third Party Offerings. Any acquisition or use by Customer of any such Third Party Offerings, and any exchange of data between Customer and any provider of a Third Party Offering, is solely between Customer and the applicable provider of the Third Party Offering.
Awesome Gapps shall not be liable for Customer’s or Customer’s User use of, and does not warrant or support any Third Party Offering or the Google Document AI. Customer grants Awesome Gapps permission (a) to allow the provider of Google Document AI and the provider of any Third Party Offering to access and use all Customer’s Content and (b) to access and use Customer data and documents to which the Third Party Offering or Google Document AI give access to Awesome Gapps, in each case solely as required for the interoperation of the Service and Google Document AI or that Third Party Offering. If the provider of Google Document AI or the provider of any Third Party Offering ceases to make Google Document AI or the Third Party Offering available for interoperation with the corresponding Service features on reasonable terms and conditions, Awesome Gapps may cease providing such features or the Service altogether, without entitling Customer to any refund or credit. For purposes of these Terms, “Third Party Offerings” shall mean certain software or services delivered or performed by third parties that are required for the operation of the Service or certain features of the Service, and certain other applications and associated offline products provided by third parties, in each case that interoperate with the Service. Google Workspace (including Gmail and Google Sheet) is an example of Third Party Offering for the purpose of these Terms.
Customer shall comply with the relevant terms and conditions and/or policies of all applicable third party services providers (including, but not limited to, the Google Cloud Platform Acceptable Use Policy (available at https://cloud.google.com/terms/aup), the terms and conditions of Google Document AI and the terms and conditions of any Third Party Offering). Customer will indemnify, defend, and hold Awesome Gapps harmless from and against any damages, expenses and cost arising from or relating to Customer’s or Cutomer’s User failure to comply with such applicable third party terms.
Fees, Subscription Term, Termination and Refund
1. Fees. Customer agrees to pay the subscription fee applicable to Customers and its Users use of the Service. Such fees will be paid on a periodic basis to Awesome Gapps as agreed when you registered for the Service. All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.
2. Subscription Term. The Subscription Term shall commence on the Effective Date as defined below and will remain in effect until the expiration or termination of your subscription, whichever occurs first. "Effective Date" is the date You enter into these Terms by creating and registering an account with us on our website, addon or webapp, or by mutually executing one or more order forms with us which reference these terms, or by otherwise accessing or using any part of the Service in any manner.
3. Termination. You may terminate your subscription for convenience at any time during the Subscription Term; however, in case of termination for convenience before the end of the Term, all fees associated with your then-current subscription remain due and payable and no refunds of prepaid fees will be paid to you.
4. Refund. Given the nature of the Service, we do not offer a refund or credit on a purchased subscription unless required under applicable consumer law. We will generally not provide refund in the following situations:
- a. You have changed your mind about the Service
- b. You don’t need to use the Service anymore
- c. You purchased the Service by mistake
- d. You do not have sufficient expertise to use the Service
- e. You ask for goodwill
- f. You forgot to cancel auto-renewal of the Service
- g. The Service does not meet your expectations
This list is not exhaustive and shall not be construed so as to limit our right to decline refund requests in other situations. Awesome Gapps reserves the right to assess refund requests on a per-request basis.
If Awesome Gapps decides to issue a refund or credit, this will generally be done using the same manner you used to make the purchase. All refund requests should be made in writing by contacting support.
5. In case of non-payment for any reason (including, if applicable, Awesome Gapps’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms or the terms of any Third Party Offering, Awesome Gapps shall be entitled – without liability – to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from Awesome Gapps, you hereby expressly agree that Awesome Gapps is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Awesome Gapps at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.
If You purchase the Service through a reseller, You owe payment to the reseller as agreed between You and the reseller. You acknowledge that Awesome Gapps may suspend or terminate your rights to use the Services if Awesome Gapps does not receive the corresponding payment from the reseller, or if You are in breach of these Terms.
6. Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Awesome Gapps or Awesome Gapps reseller regarding future functionality or features.
If You register for a free tier offer, We will make the Service available to You on a free tier basis until (a) you reach the free tier offer quota as set in the website or (b) the start date of any purchased Service subscriptions ordered by You for such Service. When you reach the free tier offer quota as set in the website, you will be invited to subscribe to a payable plan. AWESOME GAPPS WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE TIER OFFER.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Awesome Gapps (or its licensors) own all legal right, title and interest in and to the Service (excluding Google Document AI), including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist) (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
Our Technology and Google Document AI may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology or Google Document AI. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology or to Google Document AI except as generally and ordinarily permitted through the Service according to these Terms.
Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or to Google Document AI. Certain of the names, logos, and other materials displayed on the Service constitute trademarks, trade names, service marks or logos (“Marks”) of Awesome Gapps or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Service will be governed by such third parties’ licenses and not by these Terms. Furthermore, any comments, ideas and/or reports about the Service or Google Document AI that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.
Ownership & Privacy
As between You and Awesome Gapps, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, "Your Content" or “Customer Content”). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Awesome Gapps the limited rights to use Your Content as set forth in these Terms.
You agree that Awesome Gapps and the subprocessors listed in our Data Processing Agreement may Use Your Content to provide, secure and improve the Service (including Google, its features as well as Google Document AI (and the related service(s)). “Use” means use, host, store, modify, communicate and publish. You hereby grant Awesome Gapps a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable (including the right to sublicense through multiple tiers) license to access, use, and/or disclose Your Content as required for the purpose of providing, securing and improving the Service and/or Google Document AI. You understand and agree that, based on the aforementioned license, Awesome Gapps will in turn grant to Google Inc (or any of its affiliate), for the sole purpose of enabling Google Inc (or any of its affiliate) to provide, secure and improve Google Document AI (and the related service(s)), a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use Your Content submitted, posted, or displayed to or from Google Document AI through the Service.
Content Privacy & Data security
The Service requests permission to access the full content of users’ Output Files. This access is required to allow actions performed by the Service on the Output File, and in no case will the textual content of users’ Output Files transmitted to any third party services outside of the user’s direct control or knowledge pursuant to these Terms.
All personally identifiable information that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any third party database or file repository.
Additional details on data security and privacy, including the list of information that is stored by the Service, are available in our Security Statement available here: https://invoicetosheet.com/security-statement:
“Confidential Information” means all non-public information disclosed in written, oral or visual form by either party or its affiliates (the “disclosing party”) to the other or its affiliates (the “receiving party”). Confidential Information may include, but is not limited to, services, pricing information, computer programs, source code, names and expertise of employees and consultants, know-how, and other technical, business, financial and product development information. Confidential Information does not include any information that the receiving party can demonstrate by its written records (1) was rightfully known to it without obligation of confidentiality prior to its disclosure hereunder by the disclosing party; (2) is or becomes publicly known through no wrongful act of the receiving party, its affiliates and/or their employees and contractors; (3) has been rightfully received without obligation of confidentiality from a third party authorized to make such a disclosure; or (4) is independently developed by the receiving party without reference to or use of, directly or indirectly, confidential information disclosed hereunder.
Neither party will use any Confidential Information of the other party except (i) as necessary to exercise its rights and fulfill its obligations under these Terms, (ii) as expressly permitted by these Terms or (iii) as expressly authorized in writing by the disclosing party. The receiving party shall use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, but in no circumstances less than a reasonable standard of care. The receiving party may not disclose the disclosing party’s Confidential Information to any person or entity other than to those of its affiliates, employees and contractors (and its affiliates’ employees and contractors) who: (i) are subject to a written agreement with the receiving party that includes use and confidentiality restrictions that are at least as protective as those set forth in these Terms, and (ii) need access to such Confidential Information solely for the purpose of fulfilling the receiving party’s obligations or exercising the receiving party’s rights hereunder. Awesome Gapps may also disclose Customer’s Confidential Information to Google Inc or any of its affiliates for the sole purpose of rendering the Service. The foregoing obligations will not restrict the receiving party from disclosing Confidential Information of the disclosing party: (1) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party required to make such a disclosure gives reasonable notice to the disclosing party prior to such disclosure; and (2) on a confidential basis to its legal and financial advisors.
THE SERVICE AND GOOGLE DOCUMENT AI AND ANY THIRD PARTY OFFERING IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AWESOME GAPPS MAKES NO WARRANTY THAT (I) THE SERVICE OR GOOGLE DOCUMENT AI OR THIRD PARTY OFFERING IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE OR GOOGLE DOCUMENT AI OR THIRD PARTY OFFERING WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE OR GOOGLE DOCUMENT AI OR THIRD PARTY OFFERING WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE OR GOOGLE DOCUMENT AI OR THIRD PARTY OFFERING WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL AWESOME GAPPS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, GOOGLE DOCUMENT AI OR ANY THIRD PARTY OFFERING, EVEN IF AWESOME GAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AWESOME GAPPS RELATED TO ANY OF THE SERVICE, GOOGLE DOCUMENT AI OR THIRD PARTY OFFERING SHALL BE TERMINATION OF THE SERVICE. IN NO EVENT SHALL AWESOME GAPPS’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE (12) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH A JURISDICTION.
You understand and agree that Awesome Gapps set fees and entered into these Terms with You in reliance upon the limitations of liability set forth in these Terms, which allocate risk between the parties and form the basis of a bargain between the parties.
Except for payment obligations, neither party shall be liable to the other party or any third party for failure or delay in performing its obligations under these Terms when such failure or delay is due to any cause beyond the control of the party concerned, including, without limitation, acts of God, acts of government, fire, or flood, provided that upon cessation of such events such party shall thereupon promptly perform or complete the performance of its obligations hereunder.
During the term of these Terms, if You choose to become a paying customer of the Service, Awesome Gapps may (i) orally state that You are an Awesome Gapps customer, (ii) include Your name or trademarks, trade names, service marks or logos in a list of Awesome Gapps customers (whether in Awesome Gapps’ online or offline promotional materials) and (iii) generally describe the products or services it provides to You in its promotional materials, presentations and proposals to other current and prospective customers. You may revoke Awesome Gapp’ right to use your trademarks, trade names, service marks or logos under this paragraph with written notice to Awesome Gapps and a reasonable period to stop the use.
These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Luxembourg. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of Luxembourg.