1. About these terms
These Terms of Service (also called “Terms of Use”) govern the Smart Invoice Android application, including Smart Invoice: Email Invoices (package com.epitosoft.smartinvoice), its related services, and www.smartinvoiceapp.com (together, the “Service”). Your agreement is with EPITOSOFT (“we,” “us,” or “our”). Our contact details appear in section 15.
These Terms apply when you accept them, including through an acceptance process in the app. Please read and retain a copy before accepting or purchasing. If you do not agree, do not accept these Terms or purchase a new subscription. These Terms do not retroactively change an existing purchase or remove rights you already have.
You must have legal capacity to enter this agreement. If you act for a business or another organization, you confirm that you have authority to bind it. “You” includes that organization where applicable. A “business user” uses the Service for trade, business, craft, or professional purposes and does not qualify as a consumer under applicable law. Your actual circumstances and applicable law determine consumer status; the app’s name or purpose alone does not remove consumer rights.
2. License and ownership
Subject to these Terms and your applicable plan, we grant you a limited, non-exclusive, non-transferable license to use the Service for your own lawful invoicing and recordkeeping, including your business’s work. The app is licensed, not sold. EPITOSOFT and its licensors retain ownership of the software, designs, trademarks, and other Service materials. You retain ownership of your own content.
You may not resell or sublicense the Service, copy or distribute our software or branding without permission, bypass paid-feature controls, or reverse engineer the software, except where applicable law expressly permits it. This restriction does not prevent you from sharing invoices and other documents you lawfully create using the Service. Open-source components remain subject to their respective licenses.
3. Accounts and security
Provide accurate account information and keep it current. Use reasonable care to protect your login credentials, devices, and any connected Google account, and promptly tell us about suspected unauthorized access. You are responsible for the people you authorize to use your account and for their compliance with these Terms. You are not responsible under this clause for unauthorized activity caused by our failure to meet our legal or contractual obligations.
Some features require an account, a supported device, an internet connection, or confirmation of a Google Play purchase. You are responsible for your device, internet access, and any charges from your communications provider.
4. Your invoices and business records
Smart Invoice helps create and manage invoices, estimates, client records, and related documents. It does not provide legal, tax, accounting, or financial advice. It is not a substitute for professional advice or for determining your own invoicing, tax-reporting, electronic-invoicing, and record-retention obligations.
- Review your documents before relying on or sending them, including customer details, quantities, prices, discounts, tax rates, totals, currencies, payment instructions, and due dates.
- Choose appropriate tax settings and verify that documents meet the rules applying to your business and location. A template or calculated total is not a certification of legal or tax compliance.
- Verify recipient addresses and confirm delivery where necessary. Opening an email or sharing app does not establish that an invoice was sent, received, or accepted.
- Obtain any permissions required to use a client’s details, signature, logo, or other information. A captured signature does not by itself guarantee enforceability of an agreement.
- Check payment records against your actual receipts. An amount marked “paid” is not independent confirmation of cleared funds.
Your dealings with your clients, including the work supplied, disputed invoices, tax filings, and collection of amounts owed, remain between you and those clients. We do not guarantee that clients will pay you. These responsibilities do not excuse defects in our Service or limit the rights described in section 10.
5. Your content, privacy, and backups
You retain your rights in business information, invoices, contacts, signatures, attachments, and other content you provide. You grant us a non-exclusive license to host, store, process, reproduce, and transmit that content only as needed to provide, secure, maintain, and support the Service and carry out your instructions. We may allow our service providers to do the same for those purposes. This license does not transfer ownership or authorize unrelated advertising use of your invoice content.
Our Privacy Policy explains our handling of personal information. Accepting these Terms is not a blanket consent to optional marketing or a waiver of privacy rights. You must have a lawful basis for providing other people’s information and satisfy any obligations that apply to your own handling of client data.
Keep independent copies of important invoices and records and use available PDF or other export options regularly. Cloud synchronization is not a substitute for an independent archive. Available export and backup features depend on your version and plan; we do not promise indefinite storage or recovery of records you delete. Export needed records before deleting your account or changing devices. These precautions do not limit our responsibility for loss caused by our breach or our obligations under applicable law.
6. Paid plans, subscriptions, and cancellation
Smart Invoice may offer free features, paid plans, trials, promotional offers, and legacy purchases. The app and Google Play checkout identify the features, price, currency, billing period, renewal arrangement, and offer conditions for the purchase you select. Eligibility and availability may vary. No trial or legacy entitlement is promised unless it is included in your offer or existing purchase.
Purchases through Google Play are processed under Google Play’s applicable payment terms. An auto-renewing subscription renews and is charged each billing period until canceled. A trial or promotional rate converts to the disclosed paid or renewal rate if its offer provides for that and you do not cancel before the stated deadline.
Cancel through Google Play’s subscription settings before the next renewal to stop future renewal charges. Ordinary cancellation stops renewal and preserves access for the remainder of the period already paid for. Access can end earlier following a refund, payment reversal, or a lawful suspension under these Terms. Uninstalling the app or deleting your Smart Invoice account does not itself cancel a Google Play subscription. Contact support if paid access ends unexpectedly.
Cancellation alone does not automatically create a refund for time already paid for. Refunds, withdrawal rights, and any required partial refunds are governed by applicable law, the purchase terms, and Google Play’s applicable policies. You can request assistance from us at support@epitosoft.com or use Google Play’s refund process. Nothing here makes all sales final or excludes a refund or other remedy you are legally entitled to receive.
Consumers in the EEA and UK may have a 14-day withdrawal right. The rules differ for digital content and digital services. Any loss of a withdrawal right requires the legally required conditions, including any necessary express consent and acknowledgment; merely accepting these Terms does not waive it. See Google Play’s EEA and UK refund information.
We may change prices for future subscription periods to reflect changes in operating or supplier costs, taxes, or substantive improvements to the Service. We will give advance notice and obtain consent where required by law or Google Play. Changes do not increase the price of a period already paid for. You may cancel before a new price takes effect. If payment fails or a purchase expires, paid features may become unavailable, subject to applicable grace periods and your legal rights.
7. Acceptable use
You must not use the Service to create fraudulent or misleading invoices, impersonate others, infringe intellectual-property or privacy rights, send unlawful or unsolicited messages, upload malicious code, or carry out unlawful activity. Do not attempt unauthorized access, interfere with security or other users, or use automated access that disrupts or unreasonably burdens the Service. Do not use another person’s account or payment information without authorization. Restrictions on technical analysis do not override rights expressly granted by applicable law.
8. Availability, updates, and third parties
We will provide the Service with reasonable care and skill. Maintenance, connectivity problems, device limitations, and third-party outages may interrupt availability. We do not promise uninterrupted operation, compatibility with every device or third-party app, or a particular delivery time for messages sent through other providers. We remain responsible for our own contractual and legal obligations, including where we use suppliers to perform them.
The Service works with providers such as Google Play, Google/Firebase, and your chosen email, sharing, or printing apps. Their separate terms may govern your direct use of those services. You are responsible for checking your selected recipients and third-party settings. We do not control those providers’ independent services.
We may update the Service for security, legal compliance, compatibility, defect fixes, and improvements. Install updates reasonably needed for secure operation. We will supply updates required by law. For material changes that adversely affect a paid service, we will provide appropriate advance notice and any required right to cancel, retain the existing service, or receive a refund. We will not use this clause to remove mandatory consumer protections.
9. Suspension, termination, and discontinuation
You may stop using the Service at any time. Account deletion is available through the app’s account settings; contact support if you need assistance. Cancel any Google Play subscription separately and save the records you need before deletion.
We may restrict access or terminate this agreement for a material breach, fraud, unlawful use, a serious security risk, or a legal requirement. Our action will be proportionate. Where practical, we will explain the reason and allow a reasonable opportunity to correct a remediable breach. Immediate action may be necessary to prevent harm, protect security, or comply with law. You may contact support to ask us to review a restriction.
If we discontinue a paid service for reasons other than your material breach, we will give reasonable advance notice, an opportunity to retrieve your records where practicable, and a proportionate refund of prepaid fees for service we will not provide. We will also arrange to stop future billing for that discontinued service. Mandatory refund and data-access rights apply in all cases. Content retention and deletion remain subject to our Privacy Policy and applicable law.
Termination ends your license to use the affected Service. Provisions intended to survive, including ownership, accrued payment obligations, applicable liability provisions, and dispute provisions, continue only to the extent relevant and lawful.
10. Consumer rights and responsibility
Nothing in these Terms excludes or limits rights or remedies that cannot lawfully be excluded or limited. These include applicable rights to digital content or services that match their description, meet required quality and fitness standards, and are supplied with reasonable care and skill. Depending on the circumstances and applicable law, remedies can include correction, repair, replacement, a price reduction, termination, a refund, or compensation.
If you are a consumer, we remain responsible for reasonably foreseeable loss caused by our breach of this agreement or our failure to use reasonable care and skill, and for any further responsibility required by law. Loss is reasonably foreseeable if it was an obvious consequence or both parties knew it could occur when the agreement was made. Mandatory rights concerning damage to your device or other digital content also remain intact.
No provision excludes liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. The business-only exclusions, monetary cap, and indemnity in section 11 do not apply to consumers.
11. Additional terms for business users
This section applies only if you are a business user, and is subject to section 10’s exclusions from any limitation and applicable law.
Warranties. Apart from our express commitments in these Terms and your purchase, we exclude implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent they may lawfully be excluded in a business contract. We do not warrant that the Service will meet every business requirement, produce legally compliant invoices in every jurisdiction, or be free of every error.
Excluded business losses. To the extent permitted by law, EPITOSOFT is not liable to business users for lost profits, revenue, business opportunities, anticipated savings, or goodwill, or for indirect, consequential, special, or punitive damages arising from the Service. Any recoverable direct loss remains subject to the cap below.
Liability cap. To the extent permitted by law, EPITOSOFT’s total aggregate liability to a business user arising out of or relating to the Service and these Terms is limited to the greater of US$100 or the total fees paid by that user for Smart Invoice during the 12 months preceding the first event giving rise to the claim. This applies regardless of the legal basis of the claim and subject to the exceptions in section 10.
Third-party claims. You will indemnify EPITOSOFT for reasonable, documented costs, damages, and legal fees arising from third-party claims to the extent caused by your unlawful or infringing content, fraudulent activity, or material breach of section 7. This does not cover loss caused by EPITOSOFT’s breach, negligence, or misconduct. We will promptly notify you, allow you to control the defense with competent counsel, and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent, which will not be unreasonably withheld.
12. Changes to these terms
We may revise these Terms to address changes in law, security requirements, Service functionality, or our business operations. We will post the updated version with its revision date and provide appropriate advance notice of material changes through the app, email, or another suitable means. Where required, notice will be provided in a form you can retain and we will obtain your agreement.
Changes will not apply retroactively to existing disputes or remove rights already accrued. If a change materially disadvantages you, you may reject it and end the affected service, with any refund or other remedy required by law. If you do not accept a material change, we will explain the options for your remaining paid period. Posting a change alone does not override any legal requirement for notice or consent.
13. Governing law and disputes
Please contact support@epitosoft.com with a description of a concern so we can try to resolve it. This does not delay or restrict your right to seek a remedy, contact a regulator, or bring a claim within an applicable time limit.
California law governs these Terms, except where applicable mandatory law requires otherwise. If you are a consumer, this choice does not deprive you of mandatory protections under the laws of your country of habitual residence, including in the EEA and UK. You retain any right to bring proceedings in the courts of that country.
For business users, subject to mandatory law, disputes will be brought in the state or federal courts with jurisdiction in Los Angeles County, California, and both parties consent to those courts. These Terms do not impose mandatory arbitration or a waiver of consumer collective-action rights.
14. General provisions
These Terms and the applicable purchase details form the agreement about the Service, without excluding legally binding pre-contract information, representations, or mandatory rights. Google Play’s applicable terms govern its payment and store services; these Terms do not override your rights under those terms.
If a provision is unenforceable, the remaining provisions continue where legally possible. A delay in enforcing a provision is not a waiver. You may not transfer your account or this agreement without our consent, except where applicable law permits it. We may transfer this agreement as part of a genuine business reorganization or sale if your rights and contractual protections are preserved; we will notify you where required. No agency, partnership, or employment relationship is created.
15. Contact EPITOSOFT
For questions about Smart Invoice, subscriptions, complaints, or these Terms, contact:
EPITOSOFT
Email: support@epitosoft.com
14245 Ventura Blvd Ste 302
Sherman Oaks, CA 91423-2773
United States
Please include enough information to identify the issue and, for purchase questions, your Google Play order reference if available. Do not send passwords or full payment-card details.