Terms of Service
Last Updated: May 1, 2019
These Terms of Service ("Terms") apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the "Services") provided by Instrumental Labs, Inc. (together with its subsidiaries, affiliates, successors and assigns, "Payitoff", "us" or "we"). By using the Services, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Description of Services
You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access, if any). We reserve the sole right to either modify or discontinue the site, including any of the Services' features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the Services on this site shall also be subject to these Terms of Service. You acknowledge that the Services offered on the site are the only Services offered to you and are delivered via your access to the site only and your use of the site does not include any live, personal or one-on-one counseling or communication unless explicitly granted.
3. Limited License
The Services, including the information, text, graphics, images, illustrations and other content contained therein, are owned by Payitoff or our licensors or third party vendors (together, “Third Party Service Providers”) and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our Third Party Service Providers. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate the intellectual property rights of Payitoff and its Third Party Service Providers. We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. Payitoff reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Services, without notice, for conduct that Payitoff believes violates these Terms or any of our policies, procedures, rules, regulations or guidelines, or for any other reason in our sole discretion.
4. User Accounts
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity; (b) you represent that you are authorized to accept these Terms on that person's or entity’s behalf; and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
5. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Use or attempt to use another user’s account without authorization from that user and Payitoff;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services, or rent, lease, or sublicense your access to the Services to another person;
- Distribute any information about Payitoff or the Services to any third parties in order to compete with Payitoff or the Services;
- Engage in competition with Payitoff with respect to any service currently offered by Payitoff or offered at any time by Payitoff during the period when you accessed or otherwise used the Services;
- Distribute any information about Payitoff to any person in the media; or publish any information about Payitoff in any public medium, including but not limited to, other websites, blogs, newspapers, magazines, or television programs;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our Third Party Service Providers;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning, integrity, performance or availability of our Services in any manner;
- Reverse engineer or reverse compile any aspect of our Services or intellectual property, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Circumvent or disable any digital rights management, usage rules, or other security features of the Payitoff Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- The Services are provided on an 'as is' basis. You expressly agree to assume total responsibility and risk for your use of Payitoff and its Services. Payitoff makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Payitoff does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- Payitoff tools and applications are made available to you as tools for your independent use. Recommendations are generated algorithmically and are not intended to provide financial advice. We cannot and do not guarantee its applicability or accuracy in regard to your individual circumstances. Examples are for illustrative purposes. We encourage you to seek personalized advice from a qualified financial professional regarding all personal finance issues. Payoff will assume no liability for the use of or reliance on the tools and applications, as well as any generated recommendations.
- Information obtained via Payitoff is for educational purposes only. Please consult a licensed financial professional before making any financial decisions. This site is not endorsed or affiliated with the U.S. Department of Education.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAYITOFF AND THE OTHER PAYITOFF PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF PAYITOFF OR THE OTHER PAYITOFF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PAYITOFF AND THE OTHER PAYITOFF PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION 13 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF PAYITOFF OR THE OTHER PAYTIOFF PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF PAYTIOFF AND THE OTHER PAYTIOFF PARTIES TO YOU SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
10. Accuracy of materials
The materials appearing on Payitoff's website could include technical, typographical, or photographic errors. Payitoff does not warrant that any of the materials on its website are accurate, complete or current. Payitoff may make changes to the materials contained on its website at any time without notice. However Payitoff does not make any commitment to update the materials.
Payitoff has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Payitoff of the site. Use of any such linked website is at the user's own risk.
Payitoff may revise these Terms of Service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Service.
To the fullest extent permitted by applicable law, you release Payitoff and the other Payitoff Parties from all Claims of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
You acknowledge and agree that Payitoff may provide notices and other disclosures to you electronically (with the same effect as a paper copy) by posting such notices or other disclosures on our website or by emailing you at the email address provided to Payitoff by you. Such notices or other disclosures shall be considered received by you after being posted on our website or twenty-four (24) hours after being emailed to you.
15. Governing Law
These Terms and conditions are governed by and construed in accordance with the laws of New York, USA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
16. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Your privacy is important to us.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal information for as long as necessary for the fulfilment of those purposes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We take reasonable measures to safeguard the security of your personal information with industry-standard physical, electronic, and managerial procedures. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or within the Services. You can view our written information security policy here.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email protected]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [email protected]
If you believe that any information we are holding on you is incorrect or incomplete, please mail us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.