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Terms & Conditions

Last Updated: November 2024

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Softana Systems (“Company,” “we,” “us,” or “our”) concerning your access to and use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.

2. Intellectual Property Rights

Unless otherwise indicated, the website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Softana Systems, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are permitted to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

3. User Representations

By using our website and services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such information as necessary
  • You have the legal capacity and agree to comply with these Terms
  • You are not a minor in the jurisdiction in which you reside
  • You will not access the website through automated or non-human means
  • You will not use the website for any illegal or unauthorized purpose
  • Your use of the website will not violate any applicable law or regulation

4. Prohibited Activities

You may not access or use the website for any purpose other than that for which we make it available. Prohibited activities include, but are not limited to:

  • Systematically retrieving data or content to create a collection, compilation, database, or directory
  • Making any unauthorized use of the website, including collecting usernames and/or email addresses
  • Using the website to advertise or offer to sell goods and services without our consent
  • Circumventing, disabling, or otherwise interfering with security-related features
  • Engaging in unauthorized framing of or linking to the website
  • Tricking, defrauding, or misleading us or other users
  • Interfering with, disrupting, or creating an undue burden on the website or networks
  • Attempting to impersonate another user or person
  • Using any information obtained from the website to harass, abuse, or harm another person
  • Uploading or transmitting viruses, Trojan horses, or other malicious material

5. Services and Deliverables

When you engage Softana Systems for software development, consulting, or other professional services, specific terms will be outlined in a separate Service Agreement or Statement of Work (SOW). These documents will detail:

  • Scope of work and deliverables
  • Timeline and milestones
  • Payment terms and pricing
  • Acceptance criteria
  • Intellectual property ownership
  • Confidentiality obligations

In the event of any conflict between these Terms and a Service Agreement or SOW, the Service Agreement or SOW shall prevail with respect to the services described therein.

6. Payment Terms

Payment terms for services will be specified in the applicable Service Agreement or SOW. Unless otherwise stated, invoices are due within thirty (30) days of the invoice date. Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue balances.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Softana Systems, its affiliates, directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or data
  • Business interruption
  • Loss of goodwill or reputation
  • Cost of substitute services

Our total liability to you for all claims arising out of or related to these Terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Softana Systems and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website.

9. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation shall survive the termination of any service agreement and continue for a period of three (3) years thereafter.

11. Term and Termination

These Terms remain in full force and effect while you use the website. We reserve the right to deny access to the website or terminate your use at any time, without notice, for any reason, including violation of these Terms. Upon termination, your right to use the website will immediately cease.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Softana Systems is registered, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or our services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction in our registered location.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on this page with a new “Last Updated” date. Your continued use of the website after such changes constitutes your acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired, and such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

15. Entire Agreement

These Terms, together with any Service Agreements or Statements of Work, constitute the entire agreement between you and Softana Systems regarding the use of our website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us:

Email

info@softanasystems.com

Website

www.softanasystems.com