Terms of Service

Summary

These Terms of Service (“Terms”) govern your access to and use of FlexInvoice. FlexInvoice is operated by Corey J. Mahler, an individual (“we,” “us,” or “our”). Please read these Terms together with our Privacy Policy, which is part of these Terms.

In short, FlexInvoice is invoicing software for small service businesses (“Merchants”), which use it to bill their own customers (“Clients”) for recurring service and incidentals across clients and properties.

Each Merchant is the seller to its Clients. Client charges are direct charges on the Merchant’s own Stripe account, and FlexInvoice takes no fee from them. Merchants handle refunds to their Clients, and FlexInvoice provides the tools.

FlexInvoice charges Merchants only for the optional Capacity Subscription. The Always-Free Plan costs nothing.

Disputes are resolved by individual arbitration, unless you opt out by mail within 30 days.

This summary is for convenience. The full Terms below control.

1. Acceptance of These Terms

By creating an account, accepting a staff invitation, signing in to the Client Portal, or otherwise using the Service, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service.

Merchant owners and staff accept these Terms by checking the agreement box when they sign up or accept an invitation. If you accept these Terms for a business, you confirm that you are authorized to bind that business, and “you” includes that business.

2. Who We Are

FlexInvoice is operated by Corey J. Mahler, an individual. “We,” “us,” and “our” refer to Corey J. Mahler, who operates FlexInvoice. “You” means the person or business that accesses or uses the Service. Our mailing address is in the Contact Us section.

3. Key Definitions

“Site” means flexinvoice.us and all of its pages.

“Service” means the Site, the FlexInvoice app for Merchants, the Client Portal, the email the Service sends, and any related feature we provide that links to these Terms.

“Merchant” means a business that creates a FlexInvoice account to invoice its own customers. “Merchant Users” means the Merchant’s owner and any staff the owner invites.

“Client” means a customer of a Merchant, such as a household or business that the Merchant invoices. “Portal User” means a Client who signs in to the Client Portal.

“Client Portal” means the part of the Service where Clients view invoices and service history, pay remaining balances, keep a card on file, and update limited profile details.

“Client Data” means information about Clients and their properties that a Merchant or Client enters into the Service, and the records the Service creates about them, such as invoices, payments, property history, and profile revisions.

“Connected Account” means a Merchant’s own Stripe account, connected to FlexInvoice through Stripe Connect.

“Capacity Subscription” means the optional monthly FlexInvoice subscription that adds billed recurring template slots and, when offered, extra email.

“Always-Free Plan” means the no-cost plan that includes 3 active recurring templates and 3 emails per month.

“Personal Information” means information that identifies, relates to, or could reasonably be linked to a person.

“Third-Party Services” means websites, services, and software operated by someone other than us, such as Stripe, Mailgun, DigitalOcean, and Cloudflare.

4. The Service

FlexInvoice is software for creating recurring templates, adding incidentals, sending invoices, and collecting payment across Clients and properties. We may change, suspend, or discontinue any part of the Service at any time. If we plan to discontinue the whole Service, we will try to give Merchants reasonable advance notice so they can export their records.

FlexInvoice provides software only. We are not a bank, money transmitter, payment processor, tax adviser, or accountant. We do not hold Merchant or Client funds, and we are not a party to any sale or service agreement between a Merchant and its Clients.

You may use the Service only for lawful purposes and in compliance with the laws that apply to you, such as laws on invoicing, consumer billing, automatic renewals, taxes, privacy, and electronic communications.

5. Eligibility and Accounts

The Service is for businesses and adults. You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account, act as a Merchant User, or use the Client Portal. The Service is not directed at children under 13.

Keep your login details confidential. You are responsible for activity under your account, including work done by staff you invite. If you believe someone used your account without permission, change your password if you use one and tell us by mail.

The Merchant’s owner controls billing, Stripe, settings, and team access. Staff share the business’s clients, invoices, templates, and catalog, and some staff actions can raise the Merchant’s Capacity Subscription (see Section 8). The owner is responsible for the staff it invites and for removing staff who should no longer have access.

We may suspend or close an account that is unpaid, abused, used unlawfully, or used in a way that harms the Service, Clients, or other people.

6. Merchants, Clients, and Stripe

The Merchant is the seller. When a Merchant charges a Client through FlexInvoice, the charge is a direct charge on the Merchant’s Connected Account. The Merchant is the seller and merchant of record, and FlexInvoice takes no platform fee or application fee from the charge. Stripe’s processing fees for those charges are set by Stripe and are owed under the Merchant’s agreement with Stripe.

Stripe’s terms apply. To charge cards, a Merchant must connect a Stripe account and accept Stripe’s terms, including the Stripe Connected Account Agreement. Stripe, not FlexInvoice, decides whether to approve, verify, pay out to, or restrict a Connected Account. Information you give Stripe during onboarding goes to Stripe, and Stripe’s privacy policy governs it.

Merchant responsibilities. Each Merchant is solely responsible for its services and prices; its invoices and the amounts it charges; the accuracy of the Client Data it enters; obtaining each Client’s authorization to charge a card, including for automatic and recurring charges; disclosures required by consumer billing and automatic renewal laws; taxes, including any Stripe Tax settings; customer service; and refunds, disputes, and chargebacks.

If you are a Client, your purchase is from the Merchant, not from FlexInvoice. Your agreement with the Merchant governs the services you buy, the amounts you owe, and refunds. Please take questions about services, amounts, refunds, or charges to the Merchant first. These Terms govern your use of the Client Portal.

7. Duplicate Charges, Mistaken Charges, and Refunds

Charges to Clients are made by the Merchant on its own Connected Account, so refunds to Clients are the Merchant’s responsibility. FlexInvoice does not receive or hold Client payments. Every refund is between the Merchant and its Client, and FlexInvoice is not a party to it.

If a Client is charged twice, charged the wrong amount, or charged by mistake for any reason, including a software error, the Client should contact the Merchant. The Merchant can refund all or part of the payment or, if the Client agrees, keep the extra amount as Client Credit toward a future invoice.

Refunds in FlexInvoice. The Merchant’s owner can refund all or part of a Client payment in FlexInvoice. For a card payment, FlexInvoice asks Stripe to refund it on the Merchant’s Connected Account, and Stripe’s terms and timing apply to the refund. For a cash, check, or other payment, FlexInvoice only records a reversal. It moves no money, and the Merchant is responsible for returning the payment to the Client. For each refund, the owner chooses whether it reopens the invoice balance or reduces the Client’s Client Credit, and the Merchant is responsible for that choice and for the amount refunded.

FlexInvoice provides the tools to find and correct these errors: invoice and payment records, refunds, the Activity log, the Email Log, and Client Credit. Email Log entries and most Activity log entries are kept for 7 years, as described in the Privacy Policy, so Merchants should review charges and correct errors promptly. Refunds and disputes handled outside FlexInvoice, such as a refund issued directly in the Stripe Dashboard, are not added to FlexInvoice’s records automatically. FlexInvoice may show a notice asking the Merchant to review the payment. The Merchant should then review and correct the affected invoice and Client Credit, because FlexInvoice may still show the refunded amount as paid.

If a Merchant believes a duplicate or mistaken charge was caused by an error in the Service, please tell us by mail, with the invoice numbers and dates. We will investigate and work to fix confirmed software errors. Section 16 limits our liability for these errors.

Nothing in these Terms limits any right a Client has with its card issuer or under applicable law, such as the right to dispute a charge. Billing errors in Capacity Subscription fees are covered in Section 8.

8. Capacity Subscription: Fees, Renewal, and Cancellation

Always-Free Plan. The Always-Free Plan includes 3 active recurring templates and 3 emails per month, has no subscription, and requires no card. One-off invoices are included on every plan and do not use slots.

Fees. The Capacity Subscription costs $5 per month for each 10 billed recurring template slots, and you keep the 3 free slots on top, so 10 billed slots give you 13 in total. When your usage reaches at least 90% of your monthly email allowance, the owner can add 100 extra emails for $5 per month. Prices are in US dollars, are shown in the Service before you buy, and do not include any taxes that may apply.

Free first month. A business that subscribes to Capacity for the first time gets the first month free with a card on file. Stripe charges the card when the free month ends unless you cancel before then. The free month is offered once per business.

Automatic renewal. The Capacity Subscription renews automatically every month until you cancel. By subscribing, you authorize us to charge the card on file, through Stripe, for each monthly fee and for the capacity changes described below.

Changes in capacity. If a Merchant User saves or resumes an active recurring template that would go beyond your current capacity, your billed capacity rises automatically by 10 slots, and Stripe charges the prorated difference right away. When the owner lowers capacity in Settings (never below what your active recurring templates need, and never below 10 billed slots), the prorated difference is credited on your next invoice.

Price changes. We may change prices. We will give you at least 30 days’ notice by email or in the Service before a new price applies to your subscription. If you do not agree, you may cancel before the new price takes effect.

Cancellation. The owner can cancel at any time from Settings using Manage Billing. Cancellation takes effect immediately, and the fee for the current month is not prorated or refunded. After cancellation, the business returns to the Always-Free Plan. If more recurring templates are active than the Always-Free Plan allows, scheduled recurring invoices for the business pause until the active templates fit within capacity again or you subscribe again.

Failed payments. If Stripe cannot charge the card on file, the subscription may become past due, and it may later be canceled under Stripe’s retry rules.

Refunds and billing errors. Capacity Subscription fees are non-refundable, except to correct billing errors. If you believe we charged you in error, write to us at the address in the Contact Us section, and we will review the charge and correct any billing error. Please contact us before you dispute a charge with your bank.

Card details. Card data for the Capacity Subscription stays with Stripe. We store only Stripe identifiers, not card details.

9. Client Data and Merchant Content

Ownership. Merchants keep ownership of the business information and Client Data they enter. Each Merchant grants us a limited, nonexclusive license to host, copy, process, transmit, back up, and display that information solely to operate, secure, and support the Service and as described in the Privacy Policy.

Our role. For Client Data, we act on the Merchant’s behalf as its service provider. The Merchant decides what Client Data to collect and how to use it. We process Client Data only to provide the Service to that Merchant, following the instructions the Merchant gives through its use and settings of the Service, and as needed to secure and back up the Service or comply with the law. We do not sell Client Data or use it for advertising.

Merchant duties. Each Merchant must have the right to collect, store, and use the Client Data it enters, and must give Clients any notices and obtain any consents the law requires, such as for invoice email and card charges.

Client requests. If a Client asks us about Client Data, we will direct the request to the Merchant first and act on the Merchant’s instructions, unless the law requires otherwise. Merchants agree to respond to their Clients’ requests and to tell us when a request needs our help.

Sensitive information. Do not enter payment card numbers, bank account numbers, government identification numbers, health information, or passwords into notes or other free-text fields. Card details are entered only on Stripe’s pages.

Your records. You are responsible for keeping any records you must retain, for example for tax purposes. The Service lets Merchants export invoice records and property history as CSV files. Our backups exist for our own record-keeping and disaster recovery and are not a records service for you.

Feedback. If you send us suggestions or other feedback, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable license to use it to improve, develop, and support FlexInvoice. We are not required to use your feedback or to pay you for it.

10. Email Sent Through the Service

The Service sends transactional email through Mailgun, such as invoices, coming-up reminders, sign-in links, password resets, staff invitations, and welcome messages. Invoice email names the Merchant but is sent from a FlexInvoice address.

Each plan includes a monthly email allowance for invoice and coming-up email. When the allowance is used up, those emails are not sent until the next month or until you add capacity. Merchants are responsible for using correct Client email addresses and for having the right to send invoice email to their Clients.

We send email only to provide the Service, and we do not send marketing email. You agree that we may send notices about your account, these Terms, and the Privacy Policy by email to the address on your account or by posting them in the Service.

11. Acceptable Use

You agree not to use the Service for anything unlawful, deceptive, or fraudulent; charge or invoice anyone without authorization; harass anyone through the Service; upload malware or other harmful code; try to access accounts or data that are not yours, such as other Merchants’ data; probe, scan, or test the Service’s security without our written permission; interfere with or overload the Service; get around plan, capacity, or email limits; copy, resell, or sublicense the Service; or reverse engineer it, except where the law allows that despite this restriction.

12. Our Intellectual Property

The Service, its software, and the text, graphics, logos, and other materials on the Site belong to us or our licensors and are protected by copyright, trademark, and other laws. Subject to these Terms, we give you a limited, nonexclusive, nontransferable, revocable permission to use the Service for its intended purpose. We reserve all rights not granted in these Terms.

The FlexInvoice name and logo are our brand names. You may not use them in a way that suggests we sponsor, endorse, or are affiliated with you or your business.

13. Third-Party Services

The Service relies on Third-Party Services, such as Stripe for payments, Mailgun for email, DigitalOcean for hosting, and Cloudflare for content delivery and security. We also use Cloudflare to store backups. Third-Party Services are governed by their own terms and privacy policies. We do not control them and are not responsible for their content, availability, or practices, such as Stripe’s decisions about Connected Accounts, payouts, and disputes.

14. Privacy

Our Privacy Policy explains how we handle Personal Information, including Client Data we hold on behalf of Merchants. It is part of these Terms.

15. Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” with all faults and without warranties of any kind, whether express, implied, or statutory. We disclaim all warranties, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from a course of dealing or usage of trade.

We do not promise that the Service will be uninterrupted, timely, secure, or error-free; that invoices, charge dates, taxes, late fees, Client Credit, balances, or other calculations will be correct; that charges, payment retries, refunds, or emails will happen on time or at all; or that data will never be lost. Merchants are responsible for reviewing their invoices, charges, and records. No advice or information you get from us creates any warranty that is not stated in these Terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, or goodwill, business interruption, or cost of substitute goods or services, arising from or related to these Terms or the Service, even if we have been advised of the possibility of those damages.

To the fullest extent permitted by law, our total liability for all claims arising from or related to these Terms or the Service will not exceed the greater of (a) the amounts you paid to FlexInvoice in the 12 months before the claim arose, or (b) fifty U.S. dollars (US $50). Amounts a Client pays to a Merchant are not amounts paid to FlexInvoice.

These limits apply to every legal theory, whether in contract, tort (including negligence), strict liability, or otherwise, and they apply even if a limited remedy fails of its essential purpose. They also apply to duplicate, mistaken, or missed charges and to lost or delayed email. Nothing in these Terms limits any liability that cannot be limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other limits on liability, so some of the above may not apply to you.

17. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Corey J. Mahler and our representatives from any third-party claims, losses, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, the law, or the rights of others, or from your misuse of the Service. If you are a Merchant, this covers claims by your Clients about your services, invoices, charges, refunds, or handling of Client Data.

18. Suspension, Termination, and Closing an Account

You may stop using the Service at any time. There is no in-app way to close a Merchant account. To close one, the owner should cancel any Capacity Subscription in Manage Billing and then write to us at the address in the Contact Us section. Clients who no longer want portal access should contact the Merchant.

We may suspend or end your access to the Service at any time if you violate these Terms, if your account is unpaid, or if we reasonably believe it is necessary to protect the Service, Clients, other users, or us. When practical, we will give Merchants notice and a chance to export their records first.

After an account is closed, we handle its data as described in the Privacy Policy, including copies that may remain in our backups for a period after deletion. Sections 7, 8 (as to amounts already owed or paid), 9, and 15 through 22 survive termination.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules. This does not take away any protection you have under the consumer protection laws of the place where you live. The Federal Arbitration Act governs Section 20.

Any claim that is not resolved in arbitration or in small claims court will be brought only in the state courts located in Blount County, Tennessee, or the United States District Court for the Eastern District of Tennessee, Northern Division, at Knoxville, and you and we consent to the personal jurisdiction of those courts.

20. Dispute Resolution and Arbitration

Please read this section carefully. It affects how disputes between you and us are resolved, and it waives your right to a jury trial and to bring a class action.

Informal resolution first. Before starting an arbitration or court case, the person bringing the claim will send a written description of the dispute, with the claimant’s name and mailing address and the relief requested, by mail to the address in the Contact Us section (for claims against us) or to the contact details you have given us (for claims against you). You and we will try in good faith to resolve the dispute informally for 30 days after the notice is received.

Individual arbitration. Except as described below, you and we agree to resolve any dispute or claim arising from or relating to these Terms, the Privacy Policy, or the Service through binding arbitration on an individual basis. There is no judge or jury in arbitration.

Provider and rules. The American Arbitration Association (“AAA”) will administer the arbitration under its rules in effect when the arbitration is filed. Disputes with a Merchant or Merchant User, or with anyone else who uses the Service for business purposes, are governed by the AAA Commercial Arbitration Rules. Disputes with a Client, or with anyone else who uses the Service primarily for personal, family, or household purposes, are governed by the AAA Consumer Arbitration Rules. Where they apply, the AAA’s Mass Arbitration Supplementary Rules also govern. If the AAA is unable or unwilling to administer the arbitration, you and we will agree on a substitute provider, or a court will appoint one.

Seat and hearings. The seat of arbitration is Blount County, Tennessee. Any hearing may be held by phone or video, or in person at a location determined under the applicable AAA rules.

Fees. Filing, administration, and arbitrator fees are governed by the applicable AAA rules.

Class-action waiver. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not combine more than one person’s claims.

Small claims court. Either you or we may instead bring an individual claim in small claims court if the claim qualifies and remains there.

Intellectual property. Either you or we may bring a lawsuit in court solely for injunctive or other equitable relief to stop the actual or threatened infringement, misappropriation, or other misuse of intellectual property rights.

Opting out. You may opt out of this Section 20 by mailing a written notice to Corey J. Mahler, PO Box 296, Townsend, TN 37882, postmarked within 30 days after you first accept these Terms. The notice must give your name, your mailing address, and the email address on your account if you have one, and must clearly state that you want to opt out of arbitration. Opting out does not affect the rest of these Terms.

Changes to this section. If we change this Section 20, the change will not apply to any dispute that was pending, or of which we had notice, before the change took effect.

Severability of this section. If the class-action waiver is found unenforceable for any claim, that claim will proceed in court rather than in arbitration, and the rest of this Section 20 will continue to apply to all other claims.

21. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms at flexinvoice.us/terms and change the version number and the Effective Date. If a change is material, we will give reasonable advance notice, such as by email to Merchant owners or a notice in the Service, before it takes effect. Updated Terms apply from their Effective Date and do not apply retroactively. If you keep using the Service after an update takes effect, you accept the updated Terms.

22. General Terms

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about their subject and replace any earlier agreements or understandings about it.

Severability. If any provision of these Terms is found unenforceable, that provision will be enforced to the fullest extent permitted, and the rest of these Terms will remain in effect.

No waiver. Our failure or delay in enforcing any provision of these Terms is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign or transfer these Terms, in whole or in part, without your consent, such as to a business entity formed to carry on FlexInvoice or to a successor in a merger, reorganization, or sale of assets.

Notices. We may give you notice by email to the address on your account, by posting it in the Service, or by mail. You may give us notice by mail to the address in the Contact Us section.

Events beyond our control. We are not responsible for any delay or failure caused by events beyond our reasonable control, such as failures of Third-Party Services.

No third-party beneficiaries. These Terms do not give any rights to anyone other than you and us.

Relationship. These Terms do not create any partnership, joint venture, employment, or fiduciary relationship.

Interpretation. Headings are for convenience only. The words “include” and “including” mean “including without limitation.” If these Terms are translated, the English version controls.

Contact Us

FlexInvoice is operated by Corey J. Mahler, PO Box 296, Townsend, TN 37882.

Questions about the Terms of Service or the Privacy Policy, legal notices, arbitration opt-out notices, and privacy requests can be sent by mail only, to Corey J. Mahler at PO Box 296, Townsend, TN 37882.