Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named InvoiceZap

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: United Kingdom

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fancygames Ltd, W8a Knoll Business Centre, 325-327 Old Shoreham Road, Hove, England, BN3 7GS.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service refers to the Application.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Authentication Service means any external authentication services (such as Sign in with Apple or Google) that may be used to access the Service.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are at least 13 years of age. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Important: Apple Manages All Subscriptions - All subscription purchases, billing, cancellations, and refunds are handled exclusively by Apple through the App Store. InvoiceZap does not process payments, store payment information, or handle billing disputes. For any subscription-related issues, contact Apple Support directly.

Subscription period

The Service requires a paid Subscription to access premium features. Depending on current promotional offers, You may be eligible for a free trial period before billing begins. You will be billed in advance on a recurring basis (monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

Apple Handles All Billing: All subscriptions are processed exclusively through Apple's App Store. The Company does not directly charge Your credit card, debit card, or any other payment method. Apple Inc. is the merchant of record for all subscription transactions.

Payment Information: You provide Your payment information directly to Apple through the App Store, not to the Company. The Company does not have access to Your payment method details or billing information.

Billing Issues: For any billing problems, payment disputes, failed charges, refund requests, or subscription management issues, You must contact Apple directly through the App Store or Apple Support. The Company cannot assist with billing matters as we do not process payments.

Apple's Terms Apply: All billing is governed by Apple's App Store terms and conditions, not by these Terms. Apple's billing policies, refund procedures, and payment terms supersede any conflicting provisions in these Terms regarding payment processing.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Apple Processes All Refunds: Since all subscriptions are purchased through Apple's App Store, all refund requests must be directed to Apple. The Company cannot process refunds as we do not handle payment transactions.

Apple's Refund Policy Applies: All refunds are governed by Apple's App Store refund policy, not by the Company's policies. Apple has sole discretion over refund approvals and processing.

How to Request Refunds: To request a refund, You must contact Apple directly through the App Store, Apple Support website, or reportaproblem.apple.com. The Company cannot assist with refund requests or influence Apple's refund decisions.

Free Trial and Promotional Offers

The Service may include promotional offers, which may include free trial periods, discounted pricing, or other special terms. Current promotional offers, if any, will be displayed within the Application at the time of subscription purchase.

Any promotional offers are managed exclusively through Apple's App Store billing system. During any free trial period, You will not be charged, and all billing information and payment processing is handled directly by Apple, not by the Company. The Company does not have access to Your payment information or billing details.

Unless You cancel Your Subscription through the App Store before the end of any promotional period, You will be automatically charged the applicable Subscription fees for the plan You selected.

At any time and without notice, the Company reserves the right to (i) modify, suspend, or discontinue any promotional offers, including free trials, (ii) change subscription pricing, (iii) modify trial durations, or (iv) remove promotional offers entirely. Such changes will apply to new subscriptions and may not affect existing active subscriptions until renewal.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

Apple is the Merchant: You acknowledge and agree that all billing and transaction processes are handled exclusively by Apple's App Store. Apple Inc. is the merchant of record for all purchases. The Company is not involved in payment processing, billing, or transaction management.

Contact Apple for Payment Issues: For any payment-related issues, billing disputes, refund requests, subscription cancellations, or transaction problems with In-app Purchases, You must contact Apple directly through the App Store or Apple Support. The Company cannot resolve payment issues as we do not have access to billing systems or payment information.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Your Content and Data

Ownership: You retain full ownership of all business data, invoices, client information, and other content You create or upload through the Service ("Your Content"). The Company does not claim any ownership rights in Your Content.

License to Operate: You grant the Company a limited, non-exclusive license to process, store, and display Your Content solely to provide the Service to You, including generating PDF invoices and syncing data across Your devices.

Data Export: You have the right to export Your business data and invoices at any time. The Service stores Your data locally on Your device and syncs via Apple's iCloud when enabled.

Platform Requirements: The Service is designed exclusively for iOS devices (iPhone and iPad) running iOS 18.0 or later. The Service requires an Apple device and Apple ID for operation.

Professional Services and Financial Disclaimers

Not Professional Advice: The Service is a software tool for creating invoices and managing business data. It does NOT provide accounting, bookkeeping, tax, legal, or financial advice of any kind. Any information, calculations, or suggestions provided by the Service are for informational purposes only.

Tax and Legal Compliance: The Service does not guarantee compliance with any local, state, national, or international tax laws, business regulations, or legal requirements. Invoice formats, required information, tax calculations, and business compliance requirements vary significantly by jurisdiction, industry, and business type. You are solely responsible for ensuring Your invoices and business practices comply with applicable laws.

Calculation Accuracy: While we strive for accuracy, the Service may contain mathematical errors, currency conversion inaccuracies, tax calculation mistakes, or other computational errors. You are responsible for verifying all calculations, totals, tax amounts, and financial information before relying on them for business purposes.

Currency and Exchange Rates: If the Service includes multi-currency features, exchange rates may be outdated, inaccurate, or subject to delay. Currency conversions are provided for convenience only and should not be relied upon for precise financial calculations. Always verify current exchange rates through authoritative financial sources.

Audit Trail Limitations: The Service is not designed for forensic accounting, legal compliance auditing, or detailed financial record-keeping required by regulatory authorities. Data retention, audit trails, and compliance features may not meet the standards required for professional accounting or legal proceedings.

Consult Professionals: You should consult qualified accountants, tax professionals, lawyers, or financial advisors for guidance on business compliance, tax obligations, financial planning, and legal requirements. Do not rely on the Service as a substitute for professional advice.

Device Compatibility and Platform Support

iOS Version Support Policy: The Service aims to maintain compatibility with at least the two most recent major iOS versions (e.g., iOS 18.x and iOS 17.x). However, we reserve the right to discontinue support for older iOS versions at any time without prior notice.

Device Compatibility Changes: As Apple releases new devices, operating system updates, or discontinues older hardware, the Service's compatibility may change. We do not guarantee continued support for any specific device model or iOS version.

Forced Updates: You may be required to update to newer iOS versions or device models to continue using the Service. Failure to update may result in loss of functionality or inability to access the Service.

Service Modifications and Feature Changes

Right to Modify Features: The Company reserves the right to modify, enhance, reduce, or remove any features of the Service at any time without prior notice. This includes but is not limited to interface changes, functionality updates, template modifications, or removal of specific capabilities.

Beta and Experimental Features: The Service may include beta, experimental, or preview features that are under development. These features may be unstable, incomplete, or subject to frequent changes. Beta features may be removed or significantly altered without notice and should not be relied upon for critical business operations.

No Feature Guarantees: We do not guarantee that any specific feature or functionality will remain available in future versions of the Service. Feature availability may depend on device capabilities, iOS version compatibility, or business decisions.

Data Storage and Risk of Data Loss

Data Storage Infrastructure: The Service stores Your data locally on Your device using Apple's SwiftData framework and synchronizes data across Your devices via Apple's iCloud service when enabled. We do not operate our own data storage servers.

Third-Party Dependencies: Data synchronization and backup rely entirely on Apple's iCloud infrastructure, which is outside of our control. We have no influence over Apple's data storage policies, server availability, or data integrity measures.

Risk of Data Loss: While we follow industry best practices in software development and data handling, WE CANNOT AND DO NOT GUARANTEE the preservation, integrity, or availability of Your data. Data loss may occur due to, but not limited to:

  • Device hardware failure, damage, loss, or theft
  • Software bugs, conflicts, or corruption
  • Operating system updates or device factory resets
  • iCloud service disruptions, outages, or policy changes
  • Network connectivity issues affecting synchronization
  • User error, including accidental deletion or modification
  • Cyberattacks, security breaches, or other malicious activities
  • Natural disasters or other force majeure events

Your Responsibility: You are solely responsible for maintaining backup copies of Your important business data outside of the Service. We strongly recommend regularly exporting Your data and maintaining independent backups through other means.

Limitation of Company Responsibility: The Company shall not be liable for any data loss, corruption, or unavailability, regardless of the cause. This includes but is not limited to loss of business information, client data, invoices, financial records, or any other content stored within the Service.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Business Continuity and Service Discontinuation

No Guarantee of Permanent Service: The Company does not guarantee that the Service will be available permanently or for any specific duration. The Service may be discontinued, suspended, or significantly altered at any time for any reason, including but not limited to business decisions, technical limitations, regulatory requirements, or force majeure events.

Service Discontinuation Notice: In the event of planned Service discontinuation, we will attempt to provide reasonable advance notice through the Application or email. However, immediate discontinuation may occur without notice due to circumstances beyond our control.

Data Export Upon Discontinuation: If the Service is discontinued, we will attempt to provide a reasonable period for You to export Your data, but we cannot guarantee any specific timeframe or data accessibility. You are responsible for maintaining independent backups of Your important business data.

No Refunds Upon Discontinuation: Service discontinuation does not entitle You to refunds of subscription fees already paid, except as may be required by applicable law or Apple's refund policies.

Indemnification

Your Indemnification Obligations: You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of the Service
  • Your business operations, including invoices created through the Service
  • Disputes with Your clients or customers regarding invoices or business transactions
  • Your failure to comply with applicable tax laws, business regulations, or legal requirements
  • Any financial or business decisions made based on information from the Service
  • Errors in calculations, amounts, or other information in Your invoices
  • Your violation of these Terms or applicable laws
  • Your breach of any representations or warranties made herein
  • Any claim that Your use of the Service infringes third-party rights

Business Risk Assumption: You acknowledge that running a business involves inherent risks and that You assume all responsibility for business decisions, financial consequences, and outcomes related to Your use of the Service.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Third-Party Service Dependencies

External Service Reliance: The Service relies on various third-party services including but not limited to Apple's App Store, iCloud, Firebase Analytics, RevenueCat payment processing, and other external APIs or services. The availability, reliability, and functionality of the Service may be affected by disruptions, changes, or discontinuation of these third-party services.

No Control Over Third Parties: The Company has no control over third-party service providers and cannot guarantee their continued operation, data security, or service quality. Any issues with third-party services may impact Your use of the Service without recourse from the Company.

Third-Party Changes: Third-party services may change their terms, pricing, functionality, or availability at any time, which may require modifications to the Service or may render certain features unavailable.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Service in the twelve (12) months preceding the claim, or fifty USD ($50) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Business and Financial Losses: The Company shall not be liable for any business losses, including but not limited to lost revenue, lost profits, lost clients, tax penalties, regulatory fines, accounting errors, business disputes, or other financial consequences arising from Your use of the Service, regardless of whether such losses were foreseeable.

Professional Services Exclusion: The Company specifically disclaims liability for any losses arising from Your reliance on the Service for professional advice, regulatory compliance, or business decision-making. This includes but is not limited to tax calculation errors, legal compliance failures, or inaccurate financial reporting.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Specific Data Loss Disclaimer: The Company expressly disclaims any warranty or guarantee regarding data preservation, backup integrity, or recovery capabilities. We make no representations that Your data will be secure, available, or recoverable under any circumstances. Data loss, corruption, or inaccessibility may occur at any time without warning or recourse.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support@invoicezap.app

For Billing and Subscription Issues: Please contact Apple Support directly. We cannot assist with payment, billing, refund, or subscription management issues as these are handled exclusively by Apple.