Please read these Terms and Conditions ("Terms") carefully before using our software services provided by Sumoptim LLC ("Company," "we," or "us"). These Terms govern your use of our software services, including any updates, new features, and enhancements (collectively referred to as the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
Use of Service
1.1 Eligibility: You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Service.
1.2 License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or business purposes.
1.3 Restrictions: You agree not to:
a) Use the Service for any unlawful or unauthorized purpose.
b) Modify, adapt, or create derivative works of the Service.
c) Reverse engineer, decompile, or disassemble the Service.
d) Sell, lease, rent, or sublicense the Service to any third party.
e) Use the Service to distribute or transmit any harmful software, viruses, or any material that may cause harm to the Service or other users.
f) Use the Service in any way that could interfere with the performance or availability of the Service.
g) Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service.
Fees and Payments
2.1 Pricing: The fees for using our Service are detailed on our website or as agreed upon in a separate written agreement.
2.2 Payment Terms: You agree to pay all applicable fees as specified by us. Payments may be processed through third-party payment processors. Any payment information provided by you will be subject to the privacy policy of the respective payment processor.
2.3 Taxes: You are responsible for any taxes, levies, or duties imposed by taxing authorities relating to your use of the Service. You agree to indemnify and hold us harmless from any liability arising from your failure to comply with this obligation.
Intellectual Property
3.1 Ownership: We retain all right, title, and interest, including all intellectual property rights, in and to the Service. These Terms do not grant you any rights to our trademarks or logos.
3.2 Feedback: If you provide any suggestions, ideas, or feedback regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into the Service without any obligation to compensate you.
Confidentiality
4.1 Confidential Information: During the course of using the Service, you may have access to confidential information owned by us. You agree to keep all such information confidential and not disclose it to any third party without our prior written consent.
Limitation of Liability
5.1 Disclaimer: THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5.2 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, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
Modifications to the Terms
We reserve the right to modifythese Terms at any time without prior notice. The updated Terms will be effective upon posting on our website or notifying you through other means. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Service after the posting of any modifications constitutes your acceptance of the revised Terms.
Termination
7.1 Termination by You: You may stop using the Service at any time.
7.2 Termination by Us: We reserve the right to suspend or terminate your access to the Service at any time, without prior notice, if we believe that you have violated these Terms or if your use of the Service poses a risk to us or other users.
7.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease, and you must uninstall or delete any copies of the Service in your possession.
Governing Law and Dispute Resolution
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
8.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [Location], and the language of arbitration shall be [Language]. The decision of the arbitrator shall be final and binding on both parties.
8.3 Injunctive Relief: Notwithstanding the arbitration provision, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights.
Miscellaneous
9.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
9.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
9.4 Assignment: You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may freely assign or transfer these Terms without restriction.
9.5 Contact Information: If you have any questions or concerns regarding these Terms, please contact us.
By using our Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.