Terms & conditions

Terms & Conditions

Softescu Inc. is a Delaware registered corporation at 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle, which may include its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and/or licensors (together, referred to throughout these Terms of Service and Privacy Policy as “Softescu” or “us” or “we”). All privacy issues, GDPR compliance requests, inquiries, and requests will be handled by our United States company, Softescu Inc. The name of its registered agent for Softescu at the Delaware address is Rocket Lawyer Corporate Services LLC.

By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Privacy Policy. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. We offer many services, tools, products, software, and offerings on related Softescu websites (the “Services”), including but not limited to, all information, tools and Services available from this website (or “site”) to you (the “user”, “customer,” “company” conditioned upon your acceptance of such terms, conditions, policies and notices in or referenced in the Terms of Service.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our Services are bundled in monthly plans plus any additional services you purchase from us.

We try to keep our Services up all the time, but plans only come with a very limited uptime guarantee of 99.5% (our track record is much higher, but we will not commit to it because services run without redundancy). If you need guaranteed uptime because you depend on your website for your company’s income you should contact us about our Enterprise level support.

The Free Plan (the „Chapter One”) does not include personalized support. We do give support, on a best effort basis, through an online service desk, and on public forums. We are sorry but our engineers will simply not take phone calls. If your organization needs people they can contact 24⁄7, again you will need to purchase an optional add-on business support or upgrade to our Enterprise level support.

Accuracy and completeness of information

We are not responsible for information made available by you that is not accurate, complete or current. Your personal contact information we collect may be deleted, updated and/or completed in your account settings at any time. Most changes will be reflected in your account immediately. You may also contact us for assistance in making sure your contact information is accurate and up-to-date. Your request for account change or deleted information may be verified or retained if we have legal basis for doing so in accordance with our Privacy Policy.

Services

We reserve the right to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, in accordance with applicable law. We reserve the right to limit the quantities of any Services that we offer. All descriptions of our Services, such as product pricing, are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offers for your products or services made on our site is void where prohibited (for example, on our public forums).

You commit yourself to choosing one of our Service offerings that meet your needs, or those of your organization or users. We may, in the future, offer new or Softescu services and/or features through this website (including, the release of new tools and resources). Such new features or third party tools and/or services shall also be subject to these Terms of Service. You commit to abide by and to assure adherence to the technical specifications and limitations of such Services, to assure that the use of our Services is done within the limits of the law and in accordance with these Terms.

You understand that some changes cannot be performed, most notably you may not change the amount of features available in another plan than the current one, unless you to choose to subscribe to the plan where that feature is available.

As a reminder, in accordance with these Terms, your access codes, which are private, are under your full and complete responsibility. Softescu will not be accountable for misuse by third parties of your account, it is your responsibility to keep such credentials private and safe.

SSL Certificates

Softescu provisions automatically for every site and environment SSL certificates using the “Let’s Encrypt” service (with some limitations). By using the OpenStory.io service, you recognize OpenStory.io as a duly authorized agent for the provisioning of such certificates.

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Disclosures and notices

Occasionally we may, in our sole discretion, make changes to the Terms of Service and such incorporated agreements (e.g. the Privacy Policy, pricing page). When we make a material change to the legal terms relating to the Services, we will provide you with prominent notice as appropriate under the circumstances, (e.g., by displaying a prominent notice within the Services or by sending you an email). In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

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Intellectual property, DMCA take down policy and other limitations

You will not attempt (and will not allow others) to:

Reverse engineer, decompile, disassemble or translate the services offered by Softescu, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Softescu service or any portion thereof; unless specifically authorized in writing by an officer of Softescu. In the case specific components of Softescu are published as open source software, the customer agrees to respect the license terms of each component and agrees that the non-respect of such a license can lead to the immediate termination of the present service or contract with Softescu, without prejudice.
Interfere with, modify, disrupt or disable features or functionality of Softescu, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of our Services.
The software and applications used in our paid plans are not governed by an open source license and are subject to copyright owned by OpenSource Inc.

The Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, but excluding any information or materials uploaded or otherwise provided by you), are owned by Softescu., its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use our site solely as a means of procuring our Services, and you must not reproduce or attempt to reproduce or duplicate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material available on accessible through our Services, website, or mobile applications, except in the context of customary caching to increase performance and otherwise as required for the functioning of the Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our site or Services in breach of these Terms, your right to use the site and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Services, site, or any content on o site is transferred to you, and all rights not expressly granted are reserved by Softescu. Any use of the site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Softescu, Softescu Inc., Softescu SRL, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of Softescu Inc. or its affiliates or licensors. You must not use such marks without the prior written consent of the company. All other names, logos, product and service names, designs and slogans on the website are the trademarks of their respective owners. If you upload any designs, logos or names subject to trademark or servicemark for use on the site, you represent and warrant that you have the right and authority to do so.

Additionally, you agree not to:

Use the site or any technological device or process in any manner that you know could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, our mobile applications or Services, including their ability to engage in real time activities through the same.
Use any robot, spider or other automatic device, process or means to access the Website or any of its content or any Services for any purpose, including monitoring or copying any of the material on the site or providing any competing services.
Use any manual process to monitor or copy any of the material on the site or any other content of ours or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that knowingly interferes with the proper working of the site or the provision of our Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, or knowingly interfere with, damage or disrupt any parts of the site, the infrastructure on which the site is stored, or any server, computer or database connected to the site or our Services.
Attack the site or our Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise knowingly interfere with the proper working of the site or the proper provision of our Services.

Customers or users residing in countries on the United States Office of Foreign Assets Control sanction list or the Restrictive measures (sanctions) in force of the European Union regarding Internet-based services, including Cuba, Iran, North Korea, Sudan and Syria, may not use the Softescu Services.

Content Reliance on Information Posted

We reserve the right to remove any content from our site at any time upon receipt of claims or allegations from third parties or authorities relating to such content or if we have cause to believe that you have breached these Terms of Service. You, not us, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.

We do not warrant the accuracy, completeness or usefulness of the content on the Website. Any reliance you place on such information is strictly at your own risk.

DMCA Copyright Policy and Copyright Agent

Softescu respects the intellectual property rights of others. If you believe something on our site or our Services has infringed your intellectual property rights, please notify our local office, locations for which can be found on our Contact page. To assist you as soon as possible, please go to our Contact page, or file a support ticket through your account and provide the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Address, telephone number, and, if available, an electronic mail address where we may contact you.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

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Disclaimer of warranties; limitation of liability, limited uptime guarantee

The Service is provided as-is, we do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do offer a limited 99.5% uptime guarantee for production environments as detailed in these Terms for all contracts starting after the 1st of January 2019. We do not warrant that the results that may be obtained from the use of these Services will be accurate or reliable.You agree that from time to time we may remove the Services for indefinite periods of time and reserve the right to cancel the Services at any time, without notice to you. Errors in the information contained in our Services sometimes occur. In addition, we may make changes and improvements to the Services provided herein at any time.

THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” WE AND/OR OUR PARTNERS SUPPLIERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS IN this SECTION OF THIS AGREEMENT, EACH PARTY’S LIABILITY, AND THE LIABILITY OF EACH PARTY’S AFFILIATES, TO THE OTHER PARTY OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN ADDITION, OPENSTORY.IO WILL NOT BE LIABLE FOR (A) THE COST OR PROCUREMENT OF ANY SUBSTITUTE TECHNOLOGY OR SERVICES, (B) ANY MATTERS CONTEMPLATED BY FORCE MAJEURE, © ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE CONTAINED IN OR DELIVERED VIA THE SERVICES (REGARDLESS OF THE SOURCE OF ORIGINATION), (D) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE (FOR CLARITY, INCLUDING ANY SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS USED TO PROVIDE THE SERVICE), OR (E) DAMAGES FOR ANY EMAILS OR OTHER CONTENT THAT YOU OR YOUR END USERS SEND OR POST VIA THE SERVICE. THE FOREGOING LIMITATIONS ON LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF OPENSTORY.IO WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU . Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

Force Majeure

In the event Softescu fails to perform any obligation pursuant to these Terms due to an external reason, in particular, one that would be inherent to the internet itself, acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, labor strikes, industrial disputes, fuel crises, or any other cause of any nature beyond Platorm.sh’s control, such failure shall not be deemed to be a breach of this Agreement.

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Indemnifications

You agree to indemnify, defend and hold harmless Softescu, its subsidiaries, affiliates partners, officers, directors, employees, agents, and contractors, licensors, and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) anything you provide or approve for using the Services, (b) your use of the Services, © your breach of these Terms of Service (including your failure to comply), or (d) any actual, prospective, completed or terminated service between you and a third party.

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Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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Governing law and dispute resolution

Let’s Try To Sort Things Out First.

Softescu wants to address your concerns without needing a formal legal case. Before filing a claim, you agree to try to resolve the dispute informally by contacting us which can be found on our ‘Contact Us’ page: https://softescu.com/contact. Softescu will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Softescu may bring a formal proceeding.

Governing Law; Judicial forum for disputes.

These Terms are governed by United States law. You and Softescu agree that any judicial proceeding to resolve claims relating to these Terms will be subject to the mandatory international arbitration provisions below. Both you and Softescu consent to such mandatory arbitration. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements or rights.

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Both Parties Agree To Arbitrate. You and Softescu agree to resolve any claims relating to these Terms through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Arbitration Procedures. Any dispute, claim or controversy arising out of or relating to this Terms of Service and incorporated agreements or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability to arbitrate, shall be determined by arbitration in London, United Kingdom before one arbitrator(s) with substantial experience arbitrating claims relating to commercial contracts relating to software. The arbitration shall be administered by JAMS pursuant to its International Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ International Arbitration Rules and Procedures. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

Exceptions to Agreement to Arbitrate. Either you or Softescu may assert claims, if they qualify, in small claims court in United States. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the Commerce Tribunal of Delaware, United States to resolve your claim.

NO CLASS ACTIONS. You may only resolve disputes with Softescu on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

Notwithstanding the above, if you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), the Terms of Service shall be governed by the laws of the Commerce Tribunal of Delaware, United States (or construed in accordance with your local laws if the laws of United States are not enforceable). If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements or rights.

Changes to terms

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to make any changes to the Terms of Service and such incorporated agreements (e.g. the Privacy Policy, pricing page).

When we make a material legal change, we will provide you with prominent notice as appropriate under the circumstances, (e.g., by displaying a prominent notice within the Services or by sending you an email). In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the such legal material changes, you may contact us to see what accommodations may be made.

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If you have any questions, requests, feedback, data rectification, or concerns regarding this Terms of Service (including our pricing and Privacy Policy), please Contact us.

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