Terms and Conditions

Last updated: November 17, 2024

ACCEPTANCE OF OUR LEGAL TERMS

These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Nova Crest Corporation SRL, trading as Software Sail (“we,” “us,” or “our”), regarding your access to and use of the website https://softwaresail.com and any related products and services that refer or link to these Terms and Conditions (collectively, the “Services”).

Company details
Legal entity: Nova Crest Corporation SRL
Trade name / brand: Software Sail
VAT number for intra-Community operations: RO50321406
Company identification number (CUI): 50112043
Registered office: Municipiul Timişoara, Strada VASILE ALECSANDRI, Nr. 3, Etaj 2, Ap. 8, Judet Timiș, 300078, Romania
Contact e-mail: info@softwaresail.com

By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you must discontinue use of the Services immediately.

We may update these Terms and Conditions from time to time. Any updated version will become effective when posted on this website. Your continued use of the Services after any such update constitutes your acceptance of the revised Terms and Conditions.

The Services are intended for users who are at least 18 years old, or who are using the Services under the supervision of a parent or legal guardian where permitted by applicable law.

We recommend that you print or save a copy of these Terms and Conditions for your records.

SUMMARY

1. Our Services
2. Intellectual Property Rights
3. User Representations
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. Third-Party Websites and Content
13. Service Management
14. Privacy Policy
15. Copyright Infringement
16. Term and Termination
17. Modifications and Interruptions
18. Governing Law
19. Dispute Resolution
20. Corrections
21. Disclaimer
22. Limitation of Liability
23. Indemnification
24. User Data
25. Electronic Communications, Transactions, and Signatures
26. Order Processing and Delivery
27. Miscellaneous
28. Contact Us

1. OUR SERVICES

The information provided through the Services is not intended for distribution to 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 requirement within such jurisdiction or country.

Those who access the Services from outside Romania do so on their own initiative and are solely responsible for compliance with applicable local laws, to the extent such laws apply.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Services, including all source code, databases, functionality, website designs, text, photographs, graphics, logos, trademarks, and other content made available through the Services (collectively, the “Content”).

The Content and our trademarks are protected by copyright, trademark, and other applicable intellectual property laws.

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, lawful, and non-commercial use only.

Except as expressly provided in these Terms and Conditions, no part of the Services or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

If you wish to make any use of the Services or Content other than as expressly permitted in these Terms and Conditions, please contact us at info@softwaresail.com.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update it where necessary;
3. you have the legal capacity to agree to and comply with these Terms and Conditions;
4. you will not use the Services for any unlawful or unauthorized purpose;
5. your use of the Services will not violate any applicable law or regulation; and
6. you will not access the Services through automated or non-human means except as expressly authorized by us.

If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access to the Services.

4. USER REGISTRATION

You may be required to register an account to access certain parts of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username is inappropriate, misleading, or otherwise objectionable.

5. PRODUCTS

All products and services displayed through the Services are subject to availability.

We make reasonable efforts to ensure that product descriptions, images, compatibility information, features, and pricing are accurate. However, we do not guarantee that all such information will always be complete, current, or free from errors.

Prices and availability may change at any time without prior notice.

Where applicable, product licenses and digital services are provided subject to the product-specific information made available on the relevant product page.

If a license is deactivated before its expiration date, we will make reasonable efforts to provide all available solutions to restore the service. If restoration is not possible, we may evaluate a refund or partial refund in accordance with our refund policy and the specific circumstances of the order.

Our goal is to provide the best possible service and a fair commercial solution to our customers in the unlikely event of a product issue.

6. PURCHASES AND PAYMENTS

We accept the following forms of payment:

• Visa
• Master Card
• Discover
• American Express
• Apple Pay
• Google Pay
• Bank Transfer

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 your e-mail address, payment details, and billing information, so that we can complete your transactions and contact you where necessary.

All payments must be made in Euros (EUR) unless otherwise expressly stated on the website.

We reserve the right to refuse, limit, or cancel any order at our sole discretion, including orders that appear to be placed by resellers, distributors, or parties acting in bad faith.

We also reserve the right to correct any pricing errors, inaccuracies, or omissions even if payment has already been requested or received.

7. REFUND POLICY

Please review our Return and Refund Policy before making any purchase:

https://softwaresail.com/return-and-refund/

That policy forms part of these Terms and Conditions.

8. SOFTWARE

Where a product or service includes software, such software may be subject to additional license terms, end-user license agreements, or product-specific usage conditions.

Unless otherwise stated, any software made available through the Services is provided on a limited, non-exclusive, non-transferable, revocable basis solely for lawful use in connection with the purchased product or service.

Except as permitted by applicable law, you may not copy, modify, distribute, reverse engineer, decompile, or otherwise attempt to extract the source code of any software made available through the Services.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a user of the Services, you agree not to:

• systematically retrieve data or content from the Services to create a collection, database, or directory without our written permission;
• deceive, defraud, or mislead us or other users;
• interfere with security-related features of the Services;
• use the Services in a manner inconsistent with applicable law or regulation;
• upload or transmit viruses, malicious code, or harmful materials;
• attempt to gain unauthorized access to the Services, accounts, or related systems;
• use robots, scrapers, bots, or similar automated means without authorization;
• copy or adapt the Services’ software, code, or underlying structure;
• use the Services to compete with us or for any unauthorized commercial purpose.

Any breach of this section may result in the suspension or termination of your access to the Services.

10. USER-GENERATED CONTRIBUTIONS

If the Services allow you to post, submit, publish, or transmit comments, feedback, reviews, suggestions, or other content (“Contributions”), you remain responsible for your Contributions.

By submitting Contributions, you represent and warrant that:

• you own or control all necessary rights in your Contributions;
• your Contributions are accurate and not misleading;
• your Contributions do not violate any law or third-party rights;
• your Contributions are not unlawful, defamatory, abusive, obscene, or otherwise objectionable.

We reserve the right, but not the obligation, to remove or edit Contributions that violate these Terms and Conditions or applicable law.

11. CONTRIBUTION LICENSE

By submitting Contributions to us or through the Services, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, modify, publish, distribute, and display such Contributions for the purpose of operating, promoting, and improving the Services.

You retain ownership of your Contributions, but you acknowledge that we may use them in accordance with this license.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites, content, or services.

We do not control, endorse, or assume responsibility for any third-party websites or content. If you choose to access any third-party website or use any third-party service, you do so at your own risk and subject to that third party’s own terms and policies.

13. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to:

1. monitor the Services for violations of these Terms and Conditions;
2. take appropriate legal action against any person who violates these Terms and Conditions or applicable law;
3. restrict, suspend, or terminate access to all or part of the Services;
4. remove content that is excessive, harmful, unlawful, or otherwise objectionable; and
5. manage the Services in a manner designed to protect our rights, users, and business operations.

14. PRIVACY POLICY

We care about privacy and the protection of personal data.

Please review our Privacy Policy:

https://softwaresail.com/privacy-policy/

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

The Services are hosted in Romania. If you access the Services from another jurisdiction, you understand that your information may be processed in Romania and in other jurisdictions as described in our Privacy Policy.

15. COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others.

If you believe that any content available through the Services infringes your copyright or other intellectual property rights, please contact us at info@softwaresail.com with sufficient details for us to review your notice.

16. TERM AND TERMINATION

These Terms and Conditions remain in effect while you use the Services.

We reserve the right, in our sole discretion and without notice, to deny access to and use of the Services to any person for any reason, including breach of these Terms and Conditions or applicable law.

If we suspend or terminate your access, you must immediately stop using the Services.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue all or part of the Services at any time, with or without notice.

We do not guarantee that the Services will always be available or uninterrupted. From time to time, we may experience maintenance periods, technical problems, or events outside our control.

We are not liable for any loss, damage, or inconvenience caused by any unavailability or interruption of the Services.

18. GOVERNING LAW

These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Romania, without prejudice to any mandatory consumer protection rights that may apply under the laws of your country of residence.

19. DISPUTE RESOLUTION

Before starting formal legal proceedings, you agree to contact us first at info@softwaresail.com so that we can try to resolve the matter informally and in good faith.

If a dispute cannot be resolved informally, it shall be submitted to the competent courts of Romania, unless mandatory consumer law gives you the right to bring proceedings in your country of residence or before another competent court.

Nothing in these Terms and Conditions limits any non-waivable consumer rights available under applicable law.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details.

We reserve the right to correct any such errors, inaccuracies, or omissions and to update the information on the Services at any time without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR COMPLETE AT ALL TIMES.

22. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE RELEVANT PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Nova Crest Corporation SRL, trading as Software Sail, and its directors, officers, employees, affiliates, contractors, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with:

1. your use of the Services;
2. your breach of these Terms and Conditions;
3. your violation of any law or third-party right; or
4. any content or information you submit through the Services.

24. USER DATA

We may retain data that you provide to us for the purpose of operating the Services, fulfilling orders, keeping business records, complying with legal obligations, and improving our services.

Although we take reasonable steps to protect your data, you acknowledge that no system is completely secure and that you use the Services at your own risk.

For more information on how we collect, use, and store personal data, please refer to our Privacy Policy.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Services, sending us e-mails, and completing online forms, you engage in electronic communications.

You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

You also agree to the use of electronic signatures, contracts, orders, and electronic records to the extent permitted by applicable law.

26. ORDER PROCESSING AND DELIVERY

Orders are processed after successful payment confirmation or, where applicable, after payment verification.

Unless otherwise stated on the relevant product page, checkout page, or shipping policy, digital orders are generally processed promptly and, in any case, within 1 working day.

Estimated delivery times, service activation times, and any order-specific conditions may be stated on the relevant product page or in our Shipping Policy:

https://softwaresail.com/shipping-policy/

We are not responsible for delays caused by incorrect customer information, force majeure, third-party service interruptions, or circumstances outside our reasonable control.

27. MISCELLANEOUS

These Terms and Conditions, together with any policies posted on the website and expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services.

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Our failure to enforce any right or provision under these Terms and Conditions shall not operate as a waiver of that right or provision.

We may assign our rights and obligations under these Terms and Conditions where permitted by law.

28. CONTACT US

If you have any questions about these Terms and Conditions, wish to resolve a complaint, or would like more information about the Services, you may contact us at:

Nova Crest Corporation SRL
Trading as Software Sail
VAT number for intra-Community operations: RO50321406
CUI: 50112043
Registered office: Municipiul Timişoara, Strada VASILE ALECSANDRI, Nr. 3, Etaj 2, Ap. 8, Judet Timiș, 300078, Romania
E-mail: info@softwaresail.com