Last Modified: September 4, 2024
These Platform Terms of Use are entered into as an agreement by and between you (either as an individual or on behalf of the legal entity you represent) and Softysuite LLC (“Softysuite”). The Platform Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://www.softycrm.com/, including any content, functionality and services offered on or through https://www.softycrm.com/, whether as a guest or a registered user, and any Softysuite softyCRM mobile or desktop apps (collectively, the “softyCRM Platform”).
Please read the Terms of Use carefully before you start to use the softyCRM Platform. By using the softyCRM Platform, including without limitation entering into a services agreement via the softyCRM Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Softysuite softyCRM Privacy Policy (the “Privacy Policy”), found at https://softycrm.com/privacy/ and incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the softyCRM Platform.
This softyCRM Platform is offered and available to users who are 18 years of age or older.
BY USING THE softyCRM PLATFORM, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. YOU AFFIRM THAT IF YOU USE THE softyCRM PLATFORM OR PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THIS AGREEMENT.
Softysuite may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when Softysuite posts them and apply to all access to and use of the softyCRM Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the softyCRM Platform.
Your continued use of the softyCRM Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Softysuite reserves the right to withdraw or amend the softyCRM Platform, and any service or material provided on the softyCRM Platform, in Softysuite’s sole discretion without notice. Softysuite will not be liable if for any reason all or any part of the softyCRM Platform is unavailable at any time or for any period. From time to time, Softysuite may restrict access to some parts of the softyCRM Platform, or the entire softyCRM Platform, to users, including registered users.
You are responsible for:
● Making all arrangements necessary for you to have access to the softyCRM Platform.
● Ensuring that all persons who access the softyCRM Platform through your internet connection are aware of these Terms of Use and comply with them.
To access the softyCRM Platform or some of the resources, services or products it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the softyCRM Platform that all the information you provide on the softyCRM Platform is correct, current and complete. You agree that all information you provide to register with this softyCRM Platform, post on the softyCRM Platform, or otherwise, including but not limited to through the use of any interactive features on the softyCRM Platform, is governed by the Privacy Policy, and you consent to all actions Softysuite takes with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of Softysuite security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this softyCRM Platform or portions of it using your username, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Softysuite immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that Softysuite in its sole discretion deems offensive.
Softysuite has the right to disable any username, password or other identifier, whether chosen by you or provided by Softysuite, at any time in its sole discretion for any or no reason, including if, in Softysuite’s opinion, you have violated any provision of these Terms of Use.
The softyCRM Platform provides a marketplace and otherwise facilitates payments for transactions between freelancers, agencies and other companies who advertise on the softyCRM Platform (each, a “Service Provider”) to provide software development and other services (“Services”) to potential clients (each a “Client”). Service Providers and Clients are collectively referred to as “Users”.
Softysuite does not provide any Services listed on the softyCRM Platform and is not a party to any agreement or other transaction between Users including any agreement to provide Services (a “Services Agreement”). Without limitation, Users are solely responsible for, and should use great care in, deciding to enter into any Services Agreement. Each User is solely responsible for determining whether to enter into a Service Agreement with another User and for verifying any information about another User, including a User’s qualifications. Softysuite does not make any representations about or guarantee the truth or accuracy of any Service Provider or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Service Providers or Clients; and does not perform background checks on or guarantee the work of Service Providers or Clients.
Clients agree that any order placed via the softyCRM Platform for a Services Agreement is just an offer to enter into a Services Agreement, under these Terms of Use and any terms of the applicable Services Agreement and Services Agreement Terms and Conditions located at [URL]. All requests for Services or Service Agreement service must be accepted by the Service Provider. Service Providers may reject any request any for Services and are otherwise not obligated to enter into any Services Agreement. Softysuite makes no representations or guarantees regarding the pricing, availability, condition, or delivery of Services from the Service Providers. All disputes between a Service Provider and Client are solely between the Service Provider and Client.
The softyCRM Platform and its entire contents, 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 Softysuite, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the softyCRM Platform for legitimate business purposes relating to your role on behalf of a potential or actual Service Provider or Client or for your personal non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the softyCRM Platform, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the softyCRM Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a potential or current Service Provider or Client, and not for further reproduction, publication or distribution.
You must not:
● Modify copies of any materials from the softyCRM Platform.
● Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
● Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the softyCRM Platform.
Except as otherwise agreed to between you and Softysuite, you must not reproduce, duplicate, copy, sell, trade, resell, exploit, access or use for any commercial purposes any part of the softyCRM Platform or any services or materials available through the softyCRM Platform.
If you wish to make any use of material on the softyCRM Platform other than that set out in this section, please address your request to: [Email address].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the softyCRM Platform in breach of the Terms of Use, your right to use the softyCRM Platform will cease immediately and you must, at Softysuite’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the softyCRM Platform or any content on the softyCRM Platform is transferred to you, and all rights not expressly granted are reserved by Softysuite. Any use of the softyCRM Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Softysuite INTENDS TO FULLY PROSECUTE ALL VIOLATIONS OF APPLICABLE LAW AND PURSUE ALL AVAILABLE REMEDIES.
The Softysuite and softyCRM name and logos, and all related names, logos, product and service names, designs and slogans are trademarks of Softysuite or its affiliates or licensors. You must not use such marks without the prior written permission of Softysuite. All other names, logos, product and service names, designs and slogans on this softyCRM Platform are the trademarks of their respective owners.
You may use the softyCRM Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the softyCRM Platform:
● In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
● To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
● To impersonate or attempt to impersonate Softysuite, a Softysuite employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the softyCRM Platform, or which, as determined by Softysuite, may harm Softysuite or users of the softyCRM Platform or expose them to liability.
Additionally, you agree not to:
● Use any false or fake names or pseudonyms when using the softyCRM Platform.
● Use the softyCRM Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the softyCRM Platform, including their ability to engage in real time activities through the softyCRM Platform.
● Use any robot, spider or other automatic device, process or means to access the softyCRM Platform for any purpose, including monitoring or copying any of the material on the softyCRM Platform.
● Use any manual process to monitor or copy any of the material on the softyCRM Platform or for any other unauthorized purpose without Softysuite’s prior written consent.
● Use any device, software or routine that interferes with the proper working of the softyCRM Platform.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the softyCRM Platform, the server on which the softyCRM Platform is stored, or any server, computer or database connected to the softyCRM Platform.
● Attack the softyCRM Platform via a denial-of-service attack or a distributed denial-of-service attack.
● Copy, modify or create derivative works of any portion of the softyCRM Platform, except as expressly permitted by the Terms of Use.
● Modify, translate, adapt, or otherwise create updates, upgrades, bug fixes, patches, other error corrections, and/or new features or derivative works, whether or not patentable, of the softyCRM Platform.
● Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the softyCRM Platform or any part thereof.
● Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the softyCRM Platform, or any copy thereof.
● Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the softyCRM Platform, or any features or functionality of the softyCRM Platform, to any third party for any reason, including by making the softyCRM Platform available on a network where it is capable of being accessed by more than one device at any time.
● Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the softyCRM Platform.
● Access or use any portion of the softyCRM Platform for purposes of competitive analysis, the development, provision or use of a competing software, service or product or any other purpose that is to the Softysuite’s detriment or commercial disadvantage.
● Otherwise access or use the softyCRM Platform beyond the scope of the authorization granted under the Terms of Use.
● Otherwise attempt to interfere with the proper working of the softyCRM Platform.
The softyCRM Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the softyCRM Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the softyCRM Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the softyCRM Platform, you grant Softysuite and its affiliates and service providers, and each of their and Softysuite’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Softysuite and Softysuite’s affiliates and service providers, and each of their and Softysuite’s respective licensees, successors and assigns.
● All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
● All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Softysuite, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Softysuite is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the softyCRM Platform.
Softysuite has the right to:
● Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Softysuite may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
● Take any action with respect to any User Contribution that Softysuite deems necessary or appropriate in Softysuite’s sole discretion, including if Softysuite believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the softyCRM Platform or the public or could create liability for Softysuite.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the softyCRM Platform.
● Terminate or suspend your access to all or part of the softyCRM Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, Softysuite has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Softysuite to disclose the identity or other information of anyone posting any materials on or through the softyCRM Platform. YOU WAIVE AND HOLD HARMLESS Softysuite AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, Softysuite cannot and does not undertake to review all material before it is posted on the softyCRM Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Softysuite assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Softysuite has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and/or the Privacy Policy.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
● Give the impression that they emanate from or are endorsed by Softysuite or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see Softysuite’s Copyright Policy set forth below for instructions on sending Softysuite a notice of copyright infringement. It is the policy of Softysuite to terminate the user accounts of repeat infringers.
The information presented on or through the softyCRM Platform is made available solely for general information purposes. Softysuite does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Softysuite disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the softyCRM Platform, or by anyone who may be informed of any of its contents.
The softyCRM Platform includes content provided by third parties, including materials provided by Service Providers, other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Softysuite, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Softysuite. Softysuite is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Softysuite may update the content on the softyCRM Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the softyCRM Platform may be out of date at any given time, and Softysuite is under no obligation to update such material.
All information Softysuite collects on this softyCRM Platform is subject to Softysuite’s Privacy Policy. By using the softyCRM Platform, you consent to all actions taken by Softysuite with respect to your information in compliance with the Privacy Policy.
You may link to the softyCRM Platform homepage, provided you do so in a way that is fair and legal and does not damage Softysuite’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Softysuite’s part without Softysuite’s express written consent.
The softyCRM Platform may provide certain social media features that enable you to:
● Softysuite from your own or certain third-party softyCRM Platforms to certain content on the softyCRM Platform.
● Send e-mails or other communications with certain content, or links to certain content, on the softyCRM Platform.
● Cause limited portions of content on the softyCRM Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Softysuite, and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms of Use Softysuite provides with respect to such features. Subject to the foregoing, you must not:
● Establish a link from any website that is not owned by you.
● Cause the softyCRM Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
● Softysuite to any part of the softyCRM Platform other than the homepage.
● Otherwise take any action with respect to the materials on the softyCRM Platform that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with Softysuite in causing any unauthorized framing or linking immediately to cease. Softysuite reserves the right to withdraw linking permission without notice.
Softysuite may disable all or any social media features and any links at any time without notice in Softysuite’s discretion.
If the softyCRM Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Softysuite has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party platforms linked to this softyCRM Platform, you do so entirely at your own risk and subject to the terms of use for such websites.
The owner of the softyCRM Platform, Softysuite, LLC, is based in the United States. Softysuite provides this softyCRM Platform for use only by persons located in the United States. Softysuite makes no claims that the softyCRM Platform or any of its content is accessible or appropriate outside of the United States. Access to the softyCRM Platform may not be legal by certain persons or in certain countries. If you are visiting the softyCRM Platform or using the services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting this softyCRM Platform, using the services, and/or communicating electronically with us, you consent to such transfers. If you access the softyCRM Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
(a) Softysuite DOES NOT SUPPLY OR PROVIDE ANY OF THE SERVICES OFFERED ON THE softyCRM PLATFORM AND DOES NOT SCREEN SERVICE PROVIDERS OR CLIENTS. THE AVAILABILITY OF SERVICES THROUGH THE softyCRM PLATFORM DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY SERVICE PROVIDER OR CLIENT. ACCORDINGLY, Softysuite DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE SERVICES OFFERED ON THE softyCRM PLATFORM OR ASSUME ANY LIABILITY RELATING TO THE SERVICES. ALL CLAIMS AND ISSUES RELATING TO ANY SERVICES PROVIDED BY SERVICE PROVIDERS, OR THE SERVICES AGREEMENT BETWEEN THE SERVICE PROVIDER OR CLEITN, SHALL SOLELY BE BETWEEN THE CLIENT AND THE SERVICE PROVIDER. All USERS AFFIRM THAT Softysuite SHALL NOT BE LIABLE IN ANY WAY RELATED TO ANY TRANSACTION BETWEEN A SERVICE PROVIDER AND A CLIENT AND THE ENTERING INTO ANY TRANSACTION OR SERVICES AGREEMENT IS AT EACH USER’S OWN RISK.
(b) USE OF THE softyCRM PLATFORM, ITS CONTENT AND ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM, IS AT EACH USER’S OWN RISK. THE softyCRM PLATFORM, ITS CONTENT AND ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Softysuite NOR ANY PERSON ASSOCIATED WITH Softysuite MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE softyCRM PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Softysuite NOR ANYONE ASSOCIATED WITH Softysuite REPRESENTS OR WARRANTS THAT THE softyCRM PLATFORM, ITS CONTENT OR ANY SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE softyCRM PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE softyCRM PLATFORM OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM OR FROM Softysuite WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) Softysuite HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATING TO THE softyCRM PLATFORM, ITS CONTENT AND ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM.
(d) USERS UNDERSTAND THAT Softysuite CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE softyCRM PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE softyCRM PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA.
(e) Softysuite WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE softyCRM PLATFORM OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM OR FROM Softysuite, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
(f) USERS ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE softyCRM PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. USERS FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO Softysuite AND BY POSTING INFORMATION ON THE softyCRM PLATFORM, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND Softysuite OTHER THAN PURSUANT TO THESE TERMS OF USE.
(g) Softysuite HAS NO CONTROL OVER AND DOES NOT GUARANTEE ANY TRANSACTION, OR THE TRUTH OR ACCURACY AND QUALITY OF ANY CONTENT. EQUIPMENT OR SERVICES PROVIDED ON OR THROUGH THE softyCRM PLATFORM. USERS SHOULD TAKE REASONABLE PRECAUTIONS WHEN ENTERING INTO ANY TRANSACTION.
(h) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL Softysuite BE LIABLE FOR, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR INABILITY TO USE, THE softyCRM PLATFORM, ANY CONTENT ON THE softyCRM PLATFORM, OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE softyCRM PLATFORM, OR BREACH OF ANY TERMS OF THESE TERMS OF USE, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IF YOU ARE DISSATISFIED WITH THE softyCRM PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST Softysuite, ANY SERVICE PROVIDER, CLIENT, OR THIRD-PARTY PROVIDER OR ANY USER OF THE softyCRM PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE softyCRM PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Softysuite IS TO DISCONTINUE USING THE softyCRM PLATFORM. IN ALL EVENTS, Softysuite’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE softyCRM PLATFORM IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO Softysuite IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. NOTWITHSTANDING THE ABOVE, Softysuite SHALL NOT HAVE LIABILITY AT ALL, UNDER ANY LEGAL THEORY, RELATING TO ANY TRANSACTION OR SERVICES AGREEMENT THAT TAKES PLACE BETWEEN A SERVICE PROVIDER AND CLIENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Users agree to defend, indemnify and hold harmless Softysuite, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) violation of these Terms of Use or the use of the softyCRM Platform, including, but not limited to, User Contributions, any use of the softyCRM Platform’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the softyCRM Platform, and (ii) any Services Agreement entered into as a result of using the softyCRM Platform.
BECAUSE Softysuite IS NOT INVOLVED IN TRANSACTIONS BETWEEN SERVICE PROVIDERS AND CLIENTS OR OTHER USER DEALINGS, IF A DISPUTE ARISES BETWEEN ANY USERS, EACH PARTY RELEASES Softysuite (AND ITS RESPECTIVE AGENTS, EMPLOYEES AND AFFILIATES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. EACH USER FURTHER RELEASES Softysuite FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) USE OF THE softyCRM PLATFORM, (B) ACTIONS, INACTIONS, AND/OR OMISSIONS OF OTHER USERS, (D) THE PROMOTION, ADVERTISING, SALE AND PURCHASE OF SERVICES ON THE softyCRM PLATFORM, AND (E) THE USE OF THE softyCRM PLATFORM TO OFFER FOR SALE OR TO FACILITATE THE PURCHASE OF SERVICES.
All matters relating to the softyCRM Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the softyCRM Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although Softysuite retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(a) Scope, Governing Rules. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”).
(b) Authority of Tribunal, Judicial Review. The award rendered by the arbitrator shall be final and non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction.
(c) Selection of Tribunal. There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules.
(d) Seat of Arbitration. The seat or place of arbitration shall be Denver, Colorado.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY, OR RELATED IN ANY WAY TO THE softyCRM PLATFORM, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Softysuite of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Softysuite to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The listing or advertising of Services by Service providers, or any subscriptions entered into by the Service Providers with Softysuite relating the use of the softyCRM Platform, are governed by the Service Provider Listing Terms and Conditions located at [URL].
All Services Agreements and provision of Services between Service Providers and Clients shall be, except as otherwise provided and agreed to in a Services Agreement, governed by Services Agreement Terms and Conditions located at [URL].
Notwithstanding anything to the contrary in a Servics Agreement for hourly projects, Softysuite will charge Client’s credit card on file on or about Monday for all hours submitted through the softyCRM Platform during the previous week. For fixed price agreements, Client’s credit card will be charged for upon approval that the payment milestone has been met. Unless there is a dispute regarding the Services and/or payments, Softysuite will pay Service Provider, less its fees, within 14 days after receipt of the fees from the Client.
The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, constitute the sole and entire agreement between you and Softysuite with respect to the softyCRM Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the softyCRM Platform.
This softyCRM Platform is operated by Softysuite, LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated in Softysuite’s Copyright Policy as set forth below in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the softyCRM Platform should be directed to: info@softyware.com
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
Softysuite takes claims of copyright infringement seriously. Softysuite will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “softyCRM Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the softyCRM Platform by submitting written notification to Softysuite’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
● Your physical or electronic signature.
● Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the softyCRM Platform, a representative list of such works.
● Identification of the material you believe to be infringing in a sufficiently precise manner to allow Softysuite to locate that material.
● Adequate information by which Softysuite can contact you (including your name, postal address, telephone number, and, if available, email address).
● A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
● A statement that the information in the written notice is accurate.
● A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Softysuite’s designated copyright agent to receive DMCA Notices is:
Tim Norton
545 3rd. St. Unit 1562, Monument CO 80132
info@softyware.com
303-330-6956
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the softyCRM Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
COUNTER-NOTIFICATION PROCEDURES
If you believe that material you posted on the softyCRM Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Softysuite (a “Counter-Notice”) by submitting written notification to Softysuite’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
● Your physical or electronic signature.
● An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
● Adequate information by which Softysuite can contact you (including your name, postal address, telephone number, and, if available, email address).
● A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
● A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the softyCRM Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the softyCRM Platform with the complaint at issue.
The DMCA allows Softysuite to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the softyCRM Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
REPEAT INFRINGERS
It is Softysuite’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.