Please read these Terms of Use (“Agreement” or “Terms of Use”) fully and carefully before using the services offered by SolbegSoft Ltd. and SolbegGroup, Inc. (collectively, “Solbeg”, “Company”, “We”, “Our” or “Us”). This Terms of Use sets forth the legally binding terms and conditions for your use the products, mobile applications, portals, databases, software, servers, data feeds, and services owned and operated by Solbeg (collectively, the “Service”). This Terms of Use applies to all users of the Service, including users who are also contributors of content, work product, presentations, information, or other materials on the Service.
ACCEPTANCE OF TERMS
The Service is offered subject to acceptance without modification of all of the Terms of Use, which also incorporates the Privacy Policy available at https://support-automation.solbeg.com/privacy-policy/
As long as you comply with the present Terms of Use, Solbeg grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and plan subscribed to and in accordance with this Terms of Use and applicable law. If other is not agreed by you and Solbeg in writing, Solbeg grants you no other rights, implied or otherwise.
All charges associated with your access to and use of the Service are due in full upon commencement of your payment (subscription) term. If you fail to pay your charges or other charges indicated on any invoice, Solbeg may suspend or terminate access to and use of the Service by you and your users.
If you do not agree to these Terms of Use, please discontinue use of the Service immediately.
USE OF SERVICE
Solbeg hereby grants you permission to use the Service as set forth in this Terms of Use, provided that: (i) your use of the Service as permitted is solely for your personal or commercial use; (ii) you will not copy or distribute any part of the Service in any medium without Solbeg’s prior written authorization; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for their intended purpose and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
In addition to complying with the other terms, conditions and restrictions set forth below in this Terms of Use, you agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Service available to any third party; (b) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to related systems or networks; (c) falsely imply any relationship or association with Solbeg, (d) use the Service in any unlawful manner, including, but not limited to, violation of any person's privacy rights; (e) use the Service to send unsolicited or unauthorized mail; (f) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person's intellectual property rights; (g) use the Services in any manner that interferes with or disrupts the integrity or performance of the App and its components; (h) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (i) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, obscene, or discriminatory; (j) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, or any other similar harmful software ("Malicious Software"); (k) use or launch any automated system that accesses the Service (i.e., bot) in a manner that sends more request messages to the server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or (l) attempt to use, or use the Service in violation of this Terms of Use.
MODIFICATION AND DISCONTINUATION
Solbeg reserves the right, in its sole discretion, to change the terms, conditions, and notices under which the Service is offered, including but not limited to, the charges associated with the use of the Service. Such modifications shall be effective immediately upon posting. By continuing to use Service after we have posted such modifications or updates, you agree to be bound by the terms as revised.
You agree that Solbeg shall not be liable to you or to any third party for any such modification or discontinuance of the Service.
LIABILITY DISCLAIMER
SOLBEG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOLBEG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLBEG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SOLBEG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You specifically acknowledge that Solbeg shall not be liable for content, user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
If you are dissatisfied with any portion of service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.
TERMINATION/ACCESS RESTRICTION
Solbeg reserves the right to modify, suspend or terminate the Service, your account or your user's rights to access the Service, and remove, disable and discard any data if we believe that you or your users have violated this Terms of Use, without notice. Solbeg shall not be liable to you, your users, or any other third party for any such modification, suspension or discontinuation of your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by you, or your users, may be referred to law enforcement authorities at our sole discretion.
GENERAL
To the maximum extent permitted by law, this Terms of Use is governed by the laws of the State of New York, USA and you hereby consent to the exclusive jurisdiction and venue of courts in New York, USA in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Solbeg as a result of this Terms of Use or use of the Service. Solbeg's performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this document is in derogation of Solbeg's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Solbeg with respect to such use.
If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between you and Solbeg with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Solbeg with respect to the Service. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Terms of Use and all related documents be drawn up in English.
INTELLECTUAL PROPERTY RIGHTS
The content on the Service, including without limitation, visual interfaces, white boards, graphics, design, compilation, information, computer code, products, software (including any downloadable software), the videos, sounds, music, photographs, drawings, software, scripts, comments, programming, information, data, text, files, graphics, and interactive features and the like services, and all other elements of the Service (including the mobile applications), (collectively the “Content”) generated, provided, or otherwise made accessible by Solbeg or its partners on or through the Service and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Solbeg, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Solbeg reserves all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Solbeg’ trademarks may not be used in connection with any product or service that is not provided by Solbeg, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Solbeg.
All other trademarks displayed on Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Solbeg.
You acknowledge that by downloading Solbeg’s mobile application via the iTunes App Store, Chrome Web Store, Windows Store or the Google Play Store, that you are subject to their respective policies, terms of service and other related policies and procedures.
CONFIDENTIALITY
Subject to the express permissions of this Terms of Use, each party will protect each other's confidential information from unauthorized use, access or disclosure in the same manner as each protects its own confidential information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to this Terms of Use, each party may use each other's confidential information solely to exercise our respective rights and perform our respective obligations under this Terms of Use and shall disclose such confidential information (a) solely to the employees and/or non-employee service providers and contractors who have a need to know such confidential information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such confidential information; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation.
PERSONAL DATA PROCESSING
If you want to know more about how we process your personal data, what data we collect, what we use it for and how you can exercise your rights please refer to our Privacy Policy.
BY USING THE SERVICE IN ANY MANNER YOU AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF USE, AND YOU CONSENT TO THE INFORMATION COLLECTION PRACTICES DISCLOSED IN THE EXPLAIN SOLBEG PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THIS TERMS OF USE, TO RECEIVE REQUIRED NOTICES, AND TO ENGAGE IN ELECTRONIC OR WRITTEN TRANSACTIONS WITH SOLBEG. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL PRESENT TERMS AND CONDITIONS, THEN YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICE.