Generate Letters Software Terms of Service End-User Agreement
Terms and Conditions ("Terms")
Last updated: March 30, 2020
By clicking the "I ACCEPT" button displayed as part of the subscription ordering process, you are agreeing to the following terms of service (the "agreement") which will govern your use of Generate Letters, Inc.’s (from here on called Generate Letters) software and services (collectively called "The Service"). If you are entering into this agreement on behalf of a company, corporation, or other legal entity, you represent that you have the authority to bind said entity, in addition to yourself. If you do not have such authority, or you do not agree with these terms of service, you may not use the software or services provided by Generate Letters, Inc. and Philio Inc., company. Your access to and use of the software and service is conditioned on your acceptance of and compliance with these Terms of Service. These terms apply to all visitors, users, and others who access or use the software and service.
1. Account Terms
You must be at least 18 years old to use Generate Letters, Inc.’s software and services. You must provide your full legal name and address, a valid email address and phone number, and any other required information to complete the sign-up process. You are responsible for maintaining the privacy and security of your account. Generate Letters Generator will not be held liable for any damage or loss that may result from your failure to comply with this security obligation. Each person/entity may not maintain more than one account with Generate Letters, Inc. a Philio, Inc. company.
2. Payment and Access
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. A valid credit card is required for paying all accounts. Your credit card may initially be authorized or pre-authorized for verification of a nominal amount, but this will not be an actual charge. Your credit card will be charged on the same calendar day every month on the same calendar day as your date of signup. We are hosting data as well as providing CRM tools; therefore, month-to-month behaviors are not tolerated and we have the right to attempt to capture uncollected payments. It is best to cancel your account when not in use than to allow the system to suspend your account for non-payment. Generate Letters, Inc. a Philio, Inc. company will charge you a non-refundable standard monthly fee in advance, based on your account plan. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
Should you upgrade or downgrade your account type, your credit card will be charged your new billing rate on your next calendar cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your account. Generate Letters, Inc does not accept any liability for such loss. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for the payment of all such taxes or duties. When you purchase single products or specific add-ons (for example individual training), these fees are non-refundable. We offer access to professional letters that are $37. You agree to remain with Generate Letters for at least 2 months if you download any letters when signing up with the Business plan. Otherwise, you agree to pay an additional $20 as compensation for downloading our letters.
Generate Letters reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party. You agree to provide Generate Letters with complete and accurate contact information (your full name or legal company name, street address, e-mail address, and the name and telephone number of an authorized billing contact) and billing information. You agree to update this information within 30 days of any change to it. If the contact or billing information you have provided is false or fraudulent or otherwise fails or is declined, Generate Letters reserves the right to terminate your access to the Service, and charge any reactivation fees and any other related charges, in addition to any other legal remedies. If you believe your billing is incorrect, you must contact us within 30 days of that charge date to be eligible to receive an adjustment or credit. Prices of all software and services, including but not limited to monthly subscription plan fees to the software, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Generate Letters, Inc. a Philio, Inc. company, website. Please note that Generate Letters Software will remain in a soft launch beta mode until July of 2021. Subscribers may experience a few issues that will be fixed as we move along. Our pricing will remain very low during this process and will be evaluated again after our official launch. We vow to be featured rich and affordable than other solutions.
Generate Letters Software offers ADD On phone training and incident phone support for the Generate Letters software application. We only provide training regarding the software and NOT credit repair training. We are not a credit repair training facility. We only offer technology tools for those writing Generate Letters and in the credit repair industry. Once payment is received for phone support there are no refunds. However, we may consider a refund in specific circumstances if one is unable to receive the support.
3. Cancellation, Termination, Chargebacks, and Downgrades
You are solely responsible for properly canceling your account. An e-mail or phone request to cancel your account is NOT CONSIDERED CANCELATION. You can cancel your account at any time by clicking on your name from the dashboard's top menu, moving down and clicking "My Subscription Plan" and clicking the cancel button: Direct link is: https://creditlettersgenerator.com/my-plan We DO NOT CANCEL ACCOUNTS or take calls to do so UNLESS you do not have the ability. At that point, you will be provided a confirmation code for verification of canceling via our office and there are NO exceptions. WE DO NOT ISSUE CREDITS OR REFUNDS. Your account billing will stop at that point. Billing will continue until an account is canceled and there are no refunds. Your account and all of its content will be deleted 60 days after your cancellation of the service. It is your responsibility to request a copy of any required data within this 60-day period. This information cannot be recovered once your account is canceled AND 60 days have elapsed. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month in which you discontinued your service. You will not be charged again thereafter. Generate Letters reserves the right to modify, suspend, or terminate your account at any time without notice or refund, should you use the account in a manner not consistent with this agreement or not consistent and compliant with state and or federal laws. We also reserve the right to delete all Content associated with your account should you use the account in a manner not consistent with this agreement or not consistent and compliant with state and or federal laws.
You agree by clicking the acceptance of our terms of services to follow our cancellation policy. If you do not cancel your account, the billing will continue indefinitely. You agree that if you submit a chargeback due to failure to cancel your account, we will charge you the full monthly fee, a chargeback fee of $25, and collection fees if necessary. You agree that we offer a FREE Trial and you will not submit a charge claiming: an unacceptable or not-as-described product claim for dispute. You agree that this claim will NOT be accepted as grounds for a refund or dispute. You agree to the monthly fee and any collection or chargeback fees. Our free trial provides a way to test this product prior to purchase.
When downgrading your accounts, please note that you can possibly lose customers. We can not guarantee which client you will lose therefore it's best to check with our office. If downgrading from Whitelabel plans, please notify our office; the process is different and requires our tech team to assist since this process is on a different site.
4. Non-Payment and Suspension
In addition to any other rights granted to Generate Letters Software herein, Generate Letters reserves the right to suspend or terminate this Agreement and your access to the software and services if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to an interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or Generate Letters, Inc. a Philio, Inc. company, initiate termination or suspension of your use of the Service, you will be obligated to pay the balance due on your account computed by the "Payment and Access" section above. You agree that Generate Letters, Inc. a Philio, Inc. company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Generate Letters, Inc. a Philio, Inc. company will not continue to provide software or service to customers who file chargebacks and has the right to add your name to a list of digital chargebacks notification for merchants. You agree and acknowledge that Generate Letters, Inc. a Philio, Inc. company, has no obligation to retain customer data for more than 60 days after account termination and that such customer data may be irretrievably deleted 60 days after account termination.
5. Not a Credit Repair Service (Limitations)
Generate Letters, Inc. a Philio, Inc. company is not a credit repair company. Generate Letters, Inc. a Philio, Inc. company, provides a software application that integrates custom letter templates and other functions that may be used to provide legal credit repair. Generate Letters Generator neither manages nor monitors this function, and you take sole responsibility for any credit repair operations you engage in while using the software and service as well as responsibility for disclosures and all other restrictions imposed on credit repair organizations by both federal and state laws.
You, as a user of the Generate Letters Software and Services, maintain sole control and responsibility for any use of the software and service or letters or tools contained therein, mailing of letters or other correspondence, management, monitoring, and other functions related to credit repair services that you offer or perform for consumers or for yourself, and Generate Letters, Inc. a Philio, Inc. company, makes no representations, guarantees, promises or other claims that such letters or application will result in any particular outcome.
You may use the software and service personally or to operate a credit repair business to challenge credit items identified as inaccurate, misleading, or unverifiable, but the software or service does not perform or provide any negotiations of credit filings or contest facts or engage in or advise on any litigation or similar process. No consumer and no "credit repair" company or credit repair organization have the right to have accurate, current, and verifiable information removed from a consumer's credit report. Our letters may reference information about the law. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Generate Letters, Inc. a Philio, Inc. company recommends that you consult with a lawyer if you want professional assurance of the letters, and your interpretations of them, and as appropriate to your particular situation.
6. Credit Card Processing Integration
Generate Letters, Inc. has credit card processing integrated within its system. Some merchants or payment processors do not accept the processing of credit repair companies via their system. If you are a credit repair company, you are restricted from using their services, e.g., PayPal and Stripe. However, some companies are exempt from such restrictions. Generate Letters, Inc. provides integration of these restricted payment processors only to those who are NOT restricted to process payments via PayPal and Stripe, and others. We are not responsible for verifying if a user is restricted or not. We are also not responsible for anyone using our integrated payment processing without permission. The USER, not Generate Letters, Inc is solely responsible for making sure they adhere to all payment processing restrictions
7. DISCLOSURES TO CONSUMERS REQUIRED BY FEDERAL LAW
The following disclosure is required by federal law to be provided to consumers by credit repair organizations before any contract or agreement between the consumer and the credit repair organization is executed: Consumer Credit File Rights under State and Federal Law You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any "credit repair" company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. You have a right to obtain a copy of your credit report from a credit bureau.
You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute the accuracy of the information in your credit file.
The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: The Public Reference Branch Federal Trade Commission, Washington, DC 20580. The following must be provided by the credit repair organization to consumers as a document which is separate from any written contract or other agreement between them or any other written material provided to the consumer: Retention of Compliance Records (1) In general--The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. (2) Maintenance for 2-years--The copy of any consumer's statement shall be maintained in the organization's files for 2 years after the date on which the statement is signed by the consumer. The above requirements and definitions for some of the terms used above may be found in the Credit Repair Organization Act
8. License Grant & Restrictions
Generate Letters hereby grants you a non-exclusive, non-transferable, worldwide right to use the software and service, solely for your own use or internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Generate Letters and its licensors.
You may not access the Service if you are a direct competitor of Generate Letters Software, except with Generate Letters Software's prior specific written consent. Also, you may not access the Service for purposes of monitoring its availability, performance, functionality, benchmarking, or competitive purposes. You shall not license, sublicense, sell, resell, transfer, assign, distribute, exploit, use for commercial advantage or make available to any third party the software or service or the content in any way.
You shall not modify or make derivative works based upon the software, service, or content. You shall not reverse engineer or reuse source code that is in public view. This includes any and all JavaScript. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
Agreement not to compete, you hereby unconditionally agree not to compete with Generate Letters, Inc. , , nor solicit, hire, engage, contract, joint venture, partner, or invest directly or indirectly with any employee, contractor or agent of Generate Letters, Inc. for any contract, employment, joint venture, partnership etc., purpose during the usage of Generate Letters, Inc. a Philio, Inc. company, software and or services and for a period of (3) Three years from the date that you cease usage of Generate Letters, Inc., software and or services.
All intellectual property provided by Generate Letters, Inc. is provided for the use of the business entity subscriber ONLY and redistribution to any other business or individual is expressly prohibited. All Generate Letters, Inc., content is copyright protected, and any use outside the scope of this agreement is subject to a minimum of $25,000 per use fee.
The look and feel of the Software and service are copyrighted. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Generate Letters, Inc.
9. Changes
Generate Letters, Inc. , reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will 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 software and service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the software and service.
10. Account Information and Data
Generate Letters does not own "YOUR DATA" (information or material that you have submitted to the software or service in the course of using the software or service). You, not Generate Letters, Inc., shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, right to obtain, and intellectual property ownership or right to use of "YOUR DATA" and Generate Letters, Inc, shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of "YOUR DATA". In the event this Agreement is terminated (other than by reason of your breach), Generate Letters, Inc. a Philio, Inc. company, will make available to you a file of "YOUR DATA" within 60 days of termination if you so request. Upon suspension, termination for cause, or breach, including, without limitation, your non-payment, your right to access or use Customer Data immediately ceases, and Generate Letters, Inc., shall have no obligation to maintain or forward "YOUR DATA" until such time as your account is brought current, but only in the event that the account is brought current within 60 days of termination.
11. Your Responsibilities
You are responsible for all activity occurring within your account. You are responsible for all users whom you create or grant access to your account. All content posted or submitted to the software or the service is must comply with U.S. copyright law. All users within your account shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications (e.g., import/export laws and regulations) and the transmission of technical, personal or consumer information or data. You shall notify Generate Letters, Inc. a Philio, Inc. company, immediately of any unauthorized use of any password or account or any other known or suspected breach of security or law.
12. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Generate Letters Software represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Generate Letters Software Help documentation under normal use and circumstances subject to the Disclaimer of Warranties and other limitations stated in this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct. Generate Letters Software has the right to cancel this agreement and or restrict access to a user’s account at any time in order to protect the integrity of the account and the security of the server, in the event of the user's misuse of the account or in the event of a security breach in the users account.
13. Disclaimer of Warranties
Generate Letters, Inc, makes no guarantee but will make best efforts as to the timeliness, availability, quality, reliability, accuracy, suitability, truthfulness, or completeness of the Generate Letters, Inc., software, and service. Generate Letters, Inc. cannot guarantee but will make best efforts that the use of the service will be secure, timely, uninterrupted, error-free, and operate in combination with any other hardware, software or system. Generate Letters, Inc. a Philio, Inc. company cannot guarantee but will make best efforts that any stored data will be reliable and accurate or that errors and defects will be corrected. Generate Letters, Inc. cannot guarantee but will make best efforts that the software and or service will be free of viruses or other harmful components. Generate Letters, Inc. is providing software and service on an "as is" and "as available" best efforts basis.
14. MUTUAL INDEMNIFICATION
13.1. Indemnification by Us. We will defend You against any claim, demand, suit or proceeding made or brought against You by a third party alleging that the use of a Purchased Service in accordance with this Agreement infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify You from any damages, attorney fees and costs finally awarded against You as a result of, or for amounts paid by You under a court-approved settlement of, a Claim Against You, provided You
(a) promptly give Us written notice of the Claim Against You,
(b) give Us sole control of the defense and settlement of the Claim Against You (except that We may not settle any Claim Against You unless it unconditionally releases You of all liability), and
(c) give Us all reasonable assistance, at Our expense. If We receive information about an infringement or misappropriation claim related to a Service, We may in Our discretion and at no cost to You (i) modify the Service so that it no longer infringes or misappropriates, without breaching Our warranties under Section 11 (Representations & Warranties), (ii) obtain a license for Your continued use of that Service in accordance with this Agreement, or (iii) terminate Your subscriptions for that Service upon 30 days’ written notice and refund You any prepaid fees covering the remainder of the term of the terminated subscriptions. The above defense and indemnification obligations do not apply to the extent a Claim Against You arises from Content, a Non-Generate Letters Generator Application or your breach of this Agreement.
13.2. Indemnification by You. You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of any Service or Content in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law
(a “Claim Against Us”), and will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us,
(b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and
(c) give You all reasonable assistance, at Your expense.
13.3. Exclusive Remedy. This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section 10.
15. LIMITATION OF LIABILITY
14.1 Limitation of Liability. NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 2 (Payment and Access) and thereafter.
14.2. Exclusion of Consequential and Related Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 1
16. Internet Delays; Force Majeure
Generate Letters, Inc. is a cloud-based internet software service. As such may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. Generate Letters, Inc. a Philio, Inc. company is not responsible for delays, delivery failures, or other such problems which originate from the internet or electronic communication problems not related or caused by the Generate Letters Generator servers. Generate Letters, Inc. shall not be liable for failure to perform if such failure is as a result of an Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement under such circumstances.
17. Notice
Generate Letters, Inc., may give notice by electronic mail to your e-mail address on record in Generate Letters Software's account information, or by written communication sent by first-class mail to your address on record in Generate Letters Generator Software's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or 12 hours after sending (if sent by email). You may give notice to Generate Letters Generator (such notice shall be deemed given when received by Generate Letters, Inc. ) by nationally recognized overnight delivery service or first class postage prepaid mail to Generate Letters Generator at the following address: Generate Letters, Inc. 1661 International Drive Suite 400, Memphis, TN 38120.
18. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Generate Letters Software but may be assigned without your consent by Generate Letters, Inc. a Philio, Inc. company, Any change in your entity ownership or vestment should be promptly submitted to Generate Letters, Inc. for approval.
19. General
These Terms shall be governed and construed in accordance with the laws of Connecticut, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. No employment, partnership, joint venture, or agency relationship exists between you and Generate Letters, Inc. a Philio, Inc. company, as a result of this Agreement or use of the software and/or service. This Agreement comprises the entire agreement between you and Generate Letters, Inc. a Philio, Inc. company, and supersedes all prior discussions and agreements whether written or oral between the parties regarding the subject matter contained herein.
DISCLAIMER
Our software services, products, and resources do not offer legal advice. We offer credit information and it is only for information purposes. We make every effort to verify the accuracy of the information and to make clear your options. However, sometimes strategies or information change. For legal advice, please consult an attorney in your city or your state to address your specific circumstances.
