Last updated July 13, 2024
ACCEPTANCE OF OUR LEGAL TERMS
We are Nova Crest Corporation S.R.L., a registered corporation is Municipiul Timişoara, Strada VASILE ALECSANDRI, Nr. 3, Etaj 2, Ap. 8, Judet Timiș. Our company number is RO50112043
We manage the Web site https://www.softwaresail.com (the “Site”), the Software Sail mobile application (the “App”), and any other related products and services that reference or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by e-mail at info@softwaresail.com
These Legal Terms constitute a legally binding agreement entered into between you, personally or on behalf of an entity (“you”), and Nova Crest Corporation S.R.L., regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with notice of any planned changes to the Services you are using. Modified Legal Terms will become effective upon posting or notifying you via info@softwaresail.com, as indicated in the e-mail message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the changed terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parent or guardian to use the Services. If you are a minor, you must have a parent or guardian read and agree to these Legal Terms before using the Services.
We recommend that you print a copy of these Legal Terms for your records.
SUMMARY
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER STATEMENTS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENTS
7. REFUND POLICY
8. SOFTWARE
9. PROHIBITED ACTIVITIES
10. USER-GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. MOBILE APPLICATION LICENSE
13. THIRD-PARTY SITES AND CONTENT
14. SERVICE MANAGEMENT
15. PRIVACY POLICY
16. COPYRIGHT VIOLATIONS
17. DURATION AND RESOLUTION
18. CHANGES AND INTERRUPTIONS
19. APPLICABLE LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNITY
25. USER DATA
26. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided while using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, features, software, Web site designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content” ), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our content and trademarks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the “AS IS” Services for personal, non-commercial use only.
Your use of our Services
Provided you comply with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
● access the Services; AND
● download or print a copy of any part of the Content to which you have properly gained access.
solely for personal and non-commercial use.
Except as set forth in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold , licensed, or otherwise exploited for any commercial purpose, without our express written permission.
If you wish to use the Services, Content, or Marks in any way other than as set forth in this section or elsewhere in our Legal Terms, please direct your request to: info@softwaresail.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensee of the Services, Content, or Marks and ensure that any copyright or proprietary notices appear or are visible during the posting, reproduction, or display of our Content.
We reserve all rights not expressly granted to you in and to the Services, Content and Marks.
Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will cease immediately.
Your proposals and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when posting or uploading any content through the Services.
Submissions: by directly sending us questions, comments, suggestions, ideas, feedbawn this Contribution and will have the right to its unrestricted use and disseminatiock or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights relating to such Submissions. You agree that we will on for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: the Services may invite you to chat, contribute, or participate in blogs, bulletin boards, online forums, and other features during which you may create, post, publish, display, transmit, post, distribute, or transmit content and materials to us or through the Services, including but not limited to text, writing, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Contribution posted publicly will also be considered a Contribution.
You understand that Submissions may be viewed by other users of the Services and possibly through third-party Web sites.
When you publish Contributions, you grant us a license (including the use of your name, trademarks, and logos): by publishing any Contribution, you grant us an unrestricted, unlimited, irrevocable, perpetual, nonexclusive, transferable, royalty-free, fully paid worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, transmit, rename, archive, publicly perform, publicly display, reformat, translate, extract (in whole or in part), and exploit your Submissions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works or incorporate into other works, your Submissions, and to sublicense the licenses granted in this section. Our use and distribution may be in any media format and through any media channel.
This license includes our use of your name, company name, and franchise name, as appropriate, and any trademarks, service marks, trade names, logos, and personal and business images you provide.
You are responsible for what you post or upload: By submitting Submissions to us and/or posting Submissions through any part of the Services or making Submissions accessible through the Services by linking your account through the Services to any of your social media accounts, you:
● confirms that you have read and agree to our “PROHIBITED ACTIVITIES” and that you will not post, send, publish, upload or transmit through the Services any Submission or publish any Submission that is unlawful, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive;
● to the extent permitted by applicable law, waive any moral rights in such Submissions and/or Contributions;
● you warrant that such Submissions and/or Contributions are original to you or that you own the rights and licenses necessary to submit such Submissions and/or Contributions and that you have full authority to grant us such rights in connection with your Submissions and/or Contributions; AND
● you warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any loss we may suffer as a result of your violation of (a) this section, (b) third party intellectual property rights, or ( c) applicable law.
We may remove or edit your Submissions: Although we have no obligation to monitor any Submissions, we will have the right to remove or edit any Submissions at any time without notice if in our reasonable opinion we consider such Submissions to be harmful or in violation of these Legal Terms Terms. If we remove or edit such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services violates any copyright you own or control, please immediately refer to the “COPYRIGHT VIOLATIONS” section below.
3. USER STATEMENTS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to abide by these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside or, if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through bots, scripts, or otherwise; (7) you will not use the Services for illegal or unauthorized purposes; and (8) your use of the Services will not violate any applicable laws or regulations.
If you provide false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).
4. USER REGISTRATION
You may need to register to use the Services. You agree to keep your password confidential and will be responsible for all uses of your account and password. We reserve the right to remove, reclaim, or modify a selected username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any product at any time for any reason. Prices of all products are subject to change.
6. PURCHASES AND PAYMENTS
We accept the following forms of payment:
– Visa
– Master Card
– Discover
– American Express
– Apple Pay
– Google Pay
– Bank Transfert
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you if necessary. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments must be in Euros.
You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment service provider such amounts at the time you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, restrict or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or through the same customer account, same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, retailers, or distributors.
7. REFUND POLICY
Please review our return policy posted on the Services before making any purchase.
8. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, we grant you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risks arising from the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for purposes other than those for which we make the Services available. The Services may not be used in connection with any commercial activity except those specifically approved or endorsed by us.
As a user of the Services, you agree not to:
● Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
● Deceive, defraud, or mislead us and other users, particularly in an attempt to learn sensitive account information such as user passwords.
● Fix, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained therein.
● Denigrate, tarnish or otherwise harm, in our opinion, us and/or the Services.
● Use any information obtained from the Services to harass, abuse, or harm another person.
● Make improper use of our support services or submit false reports of abuse or misconduct.
● Use the Services in a manner inconsistent with any applicable laws or regulations.
● Engage in unauthorized framing or connections to the Services.
● Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Services by others or modifies, compromises, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
● Engage in any automated use of the system, such as using scripts to send comments or messages or using data mining, robots, or similar tools to collect and extract data.
● Remove copyright or other proprietary rights notices from any Content.
● Attempt to impersonate another user or person or use another user’s username.
● Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, graphic interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
● Interfere with, disrupt, or create an undue load on the Services or networks or services connected to the Services.
● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any part of the Services to you.
● Attempt to circumvent any measure in the Services designed to prevent or restrict access to the Services or any part of the Services.
● Copy or adapt software from the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
● Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software that comprises or in any way constitutes part of the Services.
● Except as may be the result of using a standard search engine or Internet browser, use, initiate, develop, or deploy any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or initiate any unauthorized scripts or other software.
● Use a purchasing agent or purchasing agent to make purchases on the Services.
● Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
● Use the Services as part of any attempt to compete with us or otherwise use the Services and/or Content for any revenue-generating business or commercial enterprise.
10. USER-GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute, or participate in blogs, bulletin boards, online forums, and other features, and may offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or transmit content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Submissions”). Contributions may be viewed by other users of the Services and through third-party websites. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you represent and warrant that:
● Creating, distributing, transmitting, publicly displaying, or performing and accessing, downloading, or copying User Submissions does not and will not violate any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of third parties.
● You are the creator and owner of or possess the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Services and other users of the Services to use your Submissions in any manner contemplated by the Services and these legal terms.
● You have the written consent, release and/or authorization of each individual identifiable person in your Submissions to use the name or image of each such individual identifiable person to enable the inclusion and use of your Submissions in any manner contemplated by the Services and these Legal Terms.
● Your Contributions are not false, inaccurate or misleading.
● Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
● Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
● Your Contributions do not ridicule, mock, denigrate, intimidate or abuse anyone.
● Your Submissions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
● Your Submissions do not violate any applicable laws, regulations, or rules.
● Your Submissions do not violate the privacy or publicity rights of third parties.
● Your Submissions do not violate any applicable laws regarding child pornography or otherwise intended to protect the health or welfare of children.
● Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical disability.
● Your Submissions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
11. LICENSE TO USE THE GRANT
By posting your Submissions to any part of the Services, you automatically grant and represent and warrant that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully -paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, transmit, rename, archive, store cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Submissions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works from, or incorporate into other works, such Submissions and to grant and authorize sublicenses of the foregoing. Use and distribution may be in any media format and through any media channel.
This license will apply to any form, medium, or technology now known or developed in the future, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images provided. You waive all moral rights in your Submissions and warrant that moral rights have not otherwise been asserted in your Submissions.
We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions made by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to release us from any and all liability and to refrain from any legal action against us with respect to your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact or otherwise modify any Submissions; (2) reclassify any Submissions to place them in more appropriate locations on the Services; and (3) pre-select or delete any Submissions at any time and for any reason, without notice. We have no obligation to monitor your Contributions
12. MOBILE APPLICATION LICENSE
License to use
If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive source code from, or decrypt the App; (2) make any modification, adaptation, enhancement, enhancement, translation, or derivative work from the App; (3) violate any applicable law, rule, or regulation in connection with your access to or use of the App; (4) remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) posted by us or the App’s licensors; (5) use the App for any revenue-generating activity, commercial enterprise, or other purpose for which it is not designed or intended; or (6) make the App available on a network or other environment that allows access or use by multiple devices or users at the same time; (7) use the App to create a product, service, or software that is, directly or indirectly, competitive with or in any way substitutes for the App (8) use the App to send automated queries to any Web site or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessory or device for use with the App.
Apple and Android devices
The following terms apply when you use the App obtained from the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device running the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services with respect to the App; (3) in the event that the App fails to comply with any applicable warranty, you may notify the applicable App Distributor and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the fullest extent permitted by applicable law, the App Distributor shall have no other warranty obligations with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a country of “support for terrorism” and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with the terms of the applicable third party contract while using the App, e.g., if you have a VoIP application, you must not violate their wireless data service agreement while using the App and (6) you acknowledge and agree that app distributors are third party beneficiaries of the terms and conditions of this mobile application license contained in these Legal Terms and that each app distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Legal Terms against you as a third party beneficiary thereof.
13. THIRD-PARTY SITES AND CONTENT
The Services may contain (or may be sent through the Site or App) links to other Web sites (“Third Party Web Sites”) as well as articles, photographs, text, graphics, images, designs, music, audio, video, information , applications, software and other content or elements belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not reviewed, monitored, or verified for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed by the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in any Third Party Websites or Third Party Content. The inclusion, linking or authorization to use or install any third party Web sites or any third party content does not imply endorsement or approval by us. If you decide to leave the Services and access third party Web sites or use or install any Third Party Content, you do so at your own risk and should be aware that these Legal Terms no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any Web site accessed from the Services or relating to any application used or installed from the Services. Any purchases made through third party Web sites will be made through other Web sites and from other companies, and we assume no liability in connection with any such purchases that are solely between you and the applicable third party. You agree and acknowledge that we do not endorse products or services offered on third-party Web sites and you will hold us harmless from any damages caused by your purchase of such products or services. Further, you will hold us harmless from any loss incurred by you or damage caused to you relating to or resulting in any way from any third-party content or any contact with third-party Web sites.
14. SERVICE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for any violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any User Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable any files and content that are excessive in size or that are in any way burdensome to our systems; and (5) otherwise operate the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please see our privacy policy: https://softwaresail.com/pages/privacy-policy By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Italy. If you access the Services from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Italy, then through your continued use of the Services, you are transferring your data to Italy , and you expressly consent to the transfer and processing of your data in Italy.
16. COPYRIGHT VIOLATIONS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright you own or control, please notify us immediately using the contact information provided below (a “Notification”). A copy of the Notification will be sent to the person who posted or archived the material identified in the Notification. Please note that under applicable law, you may be held liable for damages for material misrepresentations in a Notification. Therefore, if you are unsure whether material located on or linked to the Services infringes your copyright, you should first consider contacting legal counsel.
17. DURATION AND RESOLUTION
These Legal Terms will remain in full force and effect during your use of the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your own name, a false or borrowed name, or the name of a third party, even though you may be acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive actions.
18. CHANGES AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update any information on our Services. We also reserve the right to change or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.
We cannot guarantee that the Services will always be available. We may experience hardware, software or other problems or the need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of inactivity or interruption of the Services. Nothing in these Legal Terms shall be construed to obligate us to maintain and support the Services or to provide any corrections, updates or releases in connection therewith.
19. APPLICABLE LAW
These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements entered into and to be performed entirely within the State of Delaware, without regard to its conflict of laws principles.
20. DISPUTE RESOLUTION
Informal negotiations
In order to expedite the resolution and control the cost of any dispute, controversy or claim relating to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided for below) informally for at least thirty (30) days prior to commencing arbitration. Such informal negotiations shall commence upon written notification by one Party to the other Party.
Binding arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO CRIME IN COURT AND HAVE A TRIAL BY JURY. Arbitration will be commenced and conducted in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (“AAA”) and, if applicable, the AAA’s Supplemental Procedures for Consumer Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) Website. Your arbitration costs and your share of the arbitration fee will be governed by and, if applicable, limited by the AAA Consumer Rules. If these costs are deemed excessive by the arbitrator, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through submission of documents, by telephone, or online. The arbitrator will make a decision in writing, but will not have to give reasons unless requested by one of the Parties. The arbitrator must follow applicable law and any award may be appealed if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or applicable law, the arbitration shall take place in Delaware. Except as otherwise provided herein, the Parties may bring suit in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, set aside, or enter judgment on the award rendered by the arbitrator.
If for any reason a Dispute proceeds in court rather than in arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware and the Parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.
If this provision is held to be illegal or unenforceable, neither Party shall elect to arbitrate any Dispute falling within that part of this provision held to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed by jurisdiction above, and the Parties agree to submit to the personal jurisdiction of such court.
Restrictions
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will be joined to any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on the basis of class actions or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the public at large or any other person.
Exceptions to informal negotiations and arbitration
The Parties agree that the following Disputes are not subject to the above provisions for informal binding arbitration negotiations: (a) any Dispute aimed at enforcing or protecting, or concerning the validity of, any intellectual property right of a Party; (b) any Dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive relief. If this provision is held to be illegal or unenforceable, neither Party shall elect to arbitrate any Dispute falling within that portion of this provision held to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed by jurisdiction above and the Parties agree to submit to the personal jurisdiction of such court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Services at any time, without notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THEIR USE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE WILL NOT ASSUME ANY LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION PRESENTED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS IN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID BY YOU TO US. CERTAIN LAWS OF THE UNITED STATES STATES AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNITY
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, incurred by any third party due to or arising out of: (1) your Submissions; (2) use of the Services; (3) violation of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) infringement of the rights of third parties, including, without limitation, intellectual property rights; or (6) any patently harmful act against any other user of the Services with whom you have connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make every reasonable effort to inform you of any claim, action or proceeding subject to this indemnification after becoming aware of it.
25. USER DATA
We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we perform routine data backups on a regular basis, you are solely responsible for any data you transmit or that relates to any activity you have engaged in using the Services. You agree that we shall have no liability to you for any loss or damage to such data and you waive any right of action against us arising from such loss or damage to such data.
26. COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES
Visiting the Services, sending e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Services, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction requiring an original signature or the delivery or retention of non-electronic documents, or to payments or the granting of credit by any means other than electronic means.
27. MISCELLANEOUS
These Legal Terms and any operating policies or rules published by us on or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or default caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is held to be illegal, void or unenforceable, such provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms shall not be construed against us by virtue of their drafting. You hereby waive any defense you may have based on the electronic format of these Legal Terms and the lack of signature by the parties to execute these Legal Terms.
28. CONTACT US
To resolve a complaint about the Services or to receive more information about using the Services, if you have any questions or concerns about our reseller program, please contact us at info@softwaresail.com.
Nova Crest Corporation S.R.L.
VAT: RO50112043
Address: Municipiul Timişoara, Strada VASILE ALECSANDRI, Nr. 3, Etaj 2, Ap. 8, Judet Timiș