Terms of Service
Last updated: January 6, 2022
These Terms of Service (“Terms” or “Agreement”) are a contract between you (the Customer) and us (“SoftRM” or “we”). They describe the services provided when you sign up for an account with us, define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the websites, products, and services owned and operated by SoftRM. Using our subscription services or signing up for a free account indicates agreement with, and acceptance of, these Terms.
We will not knowingly accept this Agreement from anyone under the age of sixteen (16) years, or who lacks the capacity to understand these Terms. Neither will we knowingly collect their Personal Data or Information, as defined below.
These terms may be amended at any time, with or without notice or notification, so we recommend periodically reviewing them, as continued use of the software and/or services indicates acceptance of the latest version of each.
2. Your Profile Information and Account
Your username and password are the only way to log in and access your account. You understand and agree that you are responsible for maintaining the confidentiality of your username and password. You agree to provide true, accurate, current, and complete information about yourself, or the entity you represent, and you agree not to misrepresent your profile information. SoftRM is not responsible for any profile information that may be lost or irrecoverable through the use of the software or services.
For as long as you remain the account owner and in compliance with this Agreement, you have the right to access and use the services. This right is non-transferable, and you agree not to disclose your username and password to any third party. You are solely responsible for all activities that occur within your account. If you become aware of any unauthorized use of your account or profile information, you are responsible for notifying SoftRM immediately. It is your responsibility to update or change any account or profile information, as needed or desired.
3. Fees and Renewals
You agree to pay all subscription fees. Unless otherwise specified in a subscription, such fees will be prepaid according to the subscription period and are non-refundable. You agree that you may not be refunded or credited for partial months of service.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting these fee changes to the site or by notifying you via email. Should you continue to use the services after these changes go into effect, you will be responsible for paying the new subscription/billing rate.
4. Term and Renewal
Your subscription will automatically renew for an additional subscription period unless you cancel (see “Cancellation and Termination” below).
5. Cancellation and Termination
Cancellations must be completed at least one (1) day prior to the end of your then-current subscription period; otherwise, billing for the next subscription period will be processed automatically. Cancellations performed after billing are not entitled to refunds, in whole or in part.
You are responsible for all charges accrued on your account up to the time of cancellation, including all fees within the subscription period in which you cancel. Upon subscription cancellation, you are placed on a trial account, which SoftRM shall delete within six (6) months of the date of cancellation, unless you re-subscribe before the end of the 6 months period. Account deletion permanently removes the username, password, email address and other personal data. SoftRM is not responsible for any content lost as a result of account deletion. We reserve the right to change our data storage and processing capabilities and procedures at any time, without notice or liability, subject to applicable laws.
SoftRM reserves the right to terminate this Agreement at any time, for any reason, and at our sole discretion, without liability. A reason for such termination may be, but is not limited to, failure to comply with these terms. SoftRM reserves the right to modify, suspend, or discontinue the software and/or services, or any portion thereof, at any time and for any reason, with or without notice.
6. Intellectual Property Rights
We value customer, user, and potential customer/user feedback and take it very seriously, and we may, from time to time, solicit feedback. All Feedback is SoftRM’s exclusive property, and no provider of feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.
We may, in our sole discretion, use, share, or incorporate feedback in whatever form or derivative we may decide into the site, our software, services, documentation, business or other products, without limitation. We retain all rights to such feedback on a worldwide basis in perpetuity.
All SoftRM material is owned by us or our licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws.
For as long as you adhere to this Agreement and maintain a valid account, SoftRM grants you a non-transferable, non-exclusive, revocable, limited purpose right to access and use the materials.
You agree that we may monitor the site and services, including without limitation, any pages created using our services. We may, where reasonable or necessary, disclose information to satisfy our legal obligations, protect SoftRM or its customers, or operate or improve the software or services.
8. Beta Test
From time to time and at our sole discretion, we may initiate beta tests. We may implement, run, suspend, or terminate a beta test at any time without notice or liability, and do not guarantee that a tested product, service, modification, upgrade, or other adjustment to the software, services, or means of providing the services, will become part of the services. We may deliver (and subsequently cease delivering) a beta test to all or any subset of SoftRM account holders at our discretion without prior permission at any time. If we decide to incorporate a tested product or service into the SoftRM platform, we may adjust our prices accordingly. SoftRM accepts no liability for any consequences resulting from, or related to, your participation in a beta test.
9. Confidential Information
You agree not to disclose verbally, electronically, in writing, or in any other manner any Confidential Information that you have acquired or learned during the term of this Agreement or following the expiration or termination of this Agreement.
10. Disclaimer, Exclusion, and Limitation of Liability
SOFTRM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SOFTWARE, SERVICES, OR DATA MADE AVAILABLE FROM THE SERVICES. YOUR USE OF THE SOFTWARE OR SERVICES, AND ALL CONTENT, MATERIAL, AND THIRD PARTY SOFTWARE AND CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOFTRM DISCLAIMS ANY WARRANTY THAT THE SOFTWARE, THE SERVICES, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, SERVICES, AND SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR ACCESS TO AND USE OF THE SOFTWARE AND SERVICES MAY BE INTERRUPTED OR SUSPENDED FROM TIME TO TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT MALFUNCTIONS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SOFTWARE OR SERVICES, OR OTHER ACTIONS THAT SOFTRM, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO DAMAGES OR ANY OTHER FORM OF COMPENSATION OR RELIEF WHEN OUTAGES, DELAYS, DOWNTIME, MALFUNCTIONS, SECURITY OR SYSTEM BREACHES, OR OTHER INTERRUPTIONS OF SERVICE OCCUR.
SOFTRM IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR FAILURES OF ANY THIRD-PARTY CONTENT, SERVICE, NETWORK, OR SOFTWARE OR HARDWARE PROVIDER, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES USED BY SOFTRM, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY SOFTRM.
SOFTRM WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, LOSSES, OR OTHER CONSEQUENCES THAT YOU MAY INCUR IN THE EVENT THAT THE SOFTWARE AND/OR SERVICES ARE MODIFIED, SUSPENDED OR DISCONTINUED.
IN NO EVENT SHALL SOFTRM’S AND ITS AFFILIATES’, REPRESENTATIVES’, OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, OR AGENTS’ AGGREGATE LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF CUSTOMER’S SUBSCRIPTION.
11. Dispute Resolution
In any dispute between you and SoftRM relating to this Agreement, the software, or the services, you agree that the dispute shall be governed exclusively by the laws of the laws of Tieling City, Liaoning Province, China, without regard to its conflict of law provisions.
12. Contacting SoftRM
You may contact SoftRM by email at firstname.lastname@example.org.