Terms of Service Last Updated: May 6, 2024 Welcome to SoftServe Software LLC ("SoftServe," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of and access to our suite of software products, applications, tools, and related services (collectively, the "Services"). By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services. ## 1. Acceptance of Terms 1.1. By visiting, accessing, or using any part of our Services, you agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. 1.2. You represent that you are at least 18 years of age or the age of majority in your jurisdiction. ## 2. Changes to These Terms 2.1. We reserve the right, at our sole discretion, to update or revise these Terms at any time. 2.2. If we make material changes, we will endeavor to notify you by posting the updated Terms on our website and indicating the effective date of the updates. 2.3. Your continued use of any of our Services following any posted updates constitutes your acceptance of those changes. ## 3. Use of Our Services 3.1. License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business or personal purposes. Each software product or service may have additional specific terms and conditions that apply to its use. 3.2. Restrictions: You agree not to: - Reverse engineer, decompile, or disassemble any aspect of our Services - Use our Services to violate or infringe the rights of SoftServe or any third party - Engage in unlawful, unethical, or unauthorized behavior in connection with your use of our Services - Share, distribute, or make available any of our software products or services to unauthorized users - Use our Services in any way that could damage, disable, overburden, or impair any of our software products or services ## 4. User Accounts 4.1. Registration: You may need to register for an account to use certain features of our Services. You agree to provide accurate, current, and complete information during registration. 4.2. Account Security: You are solely responsible for maintaining the confidentiality of your login credentials and for any and all activities that occur under your account. 4.3. Notification: If you suspect any unauthorized use of your account or any other breach of security, notify us immediately at matt@softservesoftware.com. ## 5. Intellectual Property 5.1. Ownership: All content, software, and materials provided through our Services, including without limitation all text, graphics, logos, icons, images, video clips, digital downloads, and software code, are the property of SoftServe or our licensors and are protected by applicable intellectual property laws. 5.2. Trademark: "SoftServe Software LLC" and our logos, slogans, or other proprietary marks are trademarks of SoftServe. You are not permitted to use these trademarks without our prior written consent. ## 6. Fees and Payments 6.1. Pricing: Some of our software products and services may require payment. All fees, if any, will be disclosed at the time of purchase. Different products may have different pricing structures. 6.2. Billing: You agree to pay any applicable fees and taxes. We use third-party payment processors who will collect billing information, handle payments, and issue refunds where appropriate. 6.3. No Refunds: Except as required by law or explicitly stated otherwise, fees paid for Services are non-refundable. ## 7. Disclaimer of Warranties 7.1. As Is: EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. 7.2. No Guarantee: We do not guarantee that our Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. ## 8. Limitation of Liability 8.1. No Consequential Damages: TO THE EXTENT PERMITTED BY LAW, SOFTSERVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES. 8.2. Cap on Liability: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR ACCESSING THE SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. ## 9. Indemnification You agree to indemnify, defend, and hold harmless SoftServe, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of our Services, your breach of these Terms, or your violation of any third-party rights. ## 10. Termination 10.1. Termination by You: You may stop using our Services at any time. 10.2. Termination by Us: We may terminate or suspend your access to any or all of our Services at any time, with or without cause or notice. 10.3. Effect of Termination: Upon termination, your right to use our Services will immediately cease. The disclaimers, limitations of liability, and indemnification provisions set forth in these Terms shall survive any termination. ## 11. Governing Law These Terms and any dispute arising out of or relating to them shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida for any disputes arising under these Terms. ## 12. Miscellaneous 12.1. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. 12.2. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SoftServe regarding your use of our Services. 12.3. No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If you have any questions about these Terms, please contact us at: SoftServe Software LLC 3343 Port Royal Dr S Fort Lauderdale, FL 33308 Email: matt@softservesoftware.com --- # Privacy Policy Last Updated: May 6, 2024 SoftServe Software LLC ("SoftServe," "we," "us," or "our") respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, and share information when you use our website, software products, applications, tools, and related services. ## 1. Information We Collect 1.1. Personal Information You Provide - Account Registration: Name, email address, phone number, company name, and any other information you voluntarily provide when creating an account - Payment Information: If you purchase any of our products or services, our third-party payment processor will collect and store your payment details, including credit card information (we do not receive or store full payment card information) - Support or Contact Information: Any information you provide when you contact us for support or request information about our products and services - Product Usage Data: Information about how you use our software products and services, including feature usage, preferences, and settings 1.2. Information Collected Automatically - Usage Data: IP address, browser type, operating system, referral URLs, and timestamps of visits - Cookies and Tracking Technologies: We use cookies and similar technologies to analyze trends, administer our services, track users' movements, and gather demographic information about our user base - Software Analytics: Information about how our software products are used, including performance metrics, error reports, and usage patterns ## 2. How We Use Your Information 2.1. Service Provision: To provide, maintain, and improve our products and services, including customer support and account management 2.2. Product Development: To understand how our products are used and to develop new features and improvements 2.3. Personalization: To understand your preferences and personalize your experience across our products and services 2.4. Communication: To send you transactional or administrative messages related to your account, and to respond to your inquiries or feedback 2.5. Legal Obligations: To comply with legal and regulatory requirements and to respond to lawful requests, court orders, and legal processes ## 3. Sharing Your Information 3.1. Third-Party Service Providers: We may share your information with third-party vendors who perform services on our behalf (e.g., payment processors, hosting providers, analytics services). These providers are authorized to use your information only as necessary to provide services to SoftServe 3.2. Business Transfers: In connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company 3.3. Legal Compliance and Protection: We may disclose your information if required to do so by law or in good faith that such disclosure is necessary to comply with legal obligations or protect our rights ## 4. Data Retention We retain your personal information for as long as is necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. ## 5. Data Security We maintain commercially reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. ## 6. Children's Privacy Our Services are not directed to individuals under 13 years of age (or under 16 in certain jurisdictions). We do not knowingly collect personal information from children. If you believe we may have collected information from a child, please contact us immediately. ## 7. Your Rights and Choices 7.1. Access and Updates: You can access, correct, or update certain personal information by logging into your account or contacting us 7.2. Marketing Communications: You may opt out of receiving marketing emails from us by following the unsubscribe link in the email or by contacting us 7.3. Cookies: Most web browsers allow you to manage your cookie preferences. If you choose to disable cookies, some features of our Services may not function properly 7.4. Data Portability: You may request a copy of your personal data in a structured, commonly used, and machine-readable format ## 8. "Do Not Sell" Statement SoftServe Software LLC does not sell personal data. We only share personal data in ways disclosed in this policy (e.g., with trusted third-party service providers). ## 9. International Transfers If you access or use our Services outside the United States, your information may be transferred to and stored on servers in the United States. By using our Services, you consent to any such transfer of information outside of your country. ## 10. Changes to This Privacy Policy We may update our Privacy Policy from time to time. If we make material changes, we will notify you by updating the "Last Updated" date at the top of this page or by sending you an email notification (if appropriate). Your continued use of our Services after any modifications indicates your acceptance of the updated Privacy Policy. ## 11. Contact Us If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at: SoftServe Software LLC 3343 Port Royal Dr S Fort Lauderdale, FL 33308 Email: matt@softservesoftware.com