WebSoft365

WEBSITE TERMS OF USE



These Website Terms of Use (“ToU”) set forth the agreement between WebSoft365, a business based in and governed by the laws of Austria (hereinafter referred to as “WebSoft365”, “we”, “our”, and “us”) and each user (“you” or “your”) making use of the (i) website www.WebSoft365.com (“Website”), and (ii) Services (as further defined below) provided by WebSoft365 via the Website.

You and WebSoft365 shall hereinafter be referred to together as the “Parties” and individually as a “Party”.

Please read these ToU carefully before using the Website. These ToU shall apply to you, all users and other persons who access the Website and/or use the Services.

1. Acceptance and Modification of ToU

By accessing the Website and using the Services, you agree to be bound by these ToU and accept to comply with all applicable laws. Should you not agree to any terms and conditions of these ToU, in whole or in part, you may refrain from accessing the Website and using the Services. Your continued use of the Website and the Services shall be deemed as your acceptance of these ToU.

WebSoft365 reserves the right to update these ToU and to change or discontinue any aspect or feature of the Website at any time without notice to you. Any updates to these ToU, and any changes or modifications to any aspect or feature of the Website and Services shall become effective immediately. Your continued use of the Website and Services shall be deemed as your acceptance of such updates, changes or modifications.

2. The Services

WebSoft365 is a self-service online software website where you may:

The Services are available to all users aged 18 years or more. For the avoidance of doubt, no persons under the age of 18 years of age are permitted to access the Website and use the Services.

Your use of the Services for any other purpose other expressly provided by WebSoft365 under these ToU is prohibited and may result in applicable legal action being taken by WebSoft365 against you and may result in the application of civil and criminal penalties being imposed on you. WebSoft365 shall prosecute users who violate these ToU to the maximum extent possible under the law.

3. Member Account, Registration, Password and Security

In order to obtain access to the Services and to WebSoft365’s newsletter, you shall register on the Website by either using your Facebook login credentials or by providing all required information, which includes but is not limited to your full name, email address, date of birth and country of origin (“Member Account”).

You agree to:

(i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and

(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete during your entire membership period.

If you provide any information to WebSoft365 that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your account with us and refuse current or future use of any or all of the Services.

In setting up your Member Account on the Website, you may choose your username and a password, which you shall use as your login credentials when accessing the Services on the Website. You are solely responsible for (i) maintaining the confidentiality of your password and Member Account; and (ii) any and all activities that occur under your Member Account. You agree to notify us immediately of any unauthorized use of your Member Account or of any other breach of security. WebSoft365 shall not be liable for any loss that you may incur as a result of any third party using your password or Member Account, either with or without your knowledge. However, you may be held liable for losses incurred by WebSoft365 due to the third party someone else using your Member Account or login credentials. You acknowledge and agree that you may not use another user’s Member Account at any time, without the permission of the account holder.

All users who register on the Website are provided with a free membership (“Free Member(s)”) with the option to upgrade to a paid membership plan (“Pro Member(s)”).

Free Members may (i) use the online software with limitation; (ii) update the details of their Member Account at any time; (iii) set their Member Account profile page to private; and (vii) permanently delete their Member Account.

In addition to the above-stated rights afforded to Free Members, Pro Members with an active membership may also (i) use all online software & tools without limitation.

4. Subscription Plans & Fees

A Free Member may upgrade to a pro membership plan, which shall be billed by WebSoft365 on a recurring subscription basis (“Pro Member Subscription Plan”). Under the Pro Member Subscription Plan, a Pro Member shall be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on Pro Member’s preference when purchasing a Pro Member Subscription Plan. At the end of each Billing Cycle, the Pro Member Subscription Plan is automatically renewed under the exact same conditions unless (i) the Pro Member cancels the Pro Member Subscription Plan under the relevant tab of its Member Account, or (ii) WebSoft365 elects to not renew the Pro Member Subscription Plan, prior to the commencement of the next renewal period. You may also terminate your Pro Member Subscription Plan at any time via your Member Account.

All payments for the Pro Member Subscription Plan and the Sticky Topic Advertisement(s) shall be processed using a third-party payment processor, namely, Paddle.com (“Paddle”). Paddle shall collect the Pro Member Subscription Plan fees and Sticky Topic Advertisement Subscription Plan fees, on our behalf, as well as provide customer services. Paddle accepts the following payment methods: credit card, debit card, Paypal and Apple Pay.

WebSoft365 may, at its sole discretion and at any time, modify the Pro Member Subscription Plan fee. Any change in the Pro Member Subscription Plan fee shall become effective at the end of the then-current Billing Cycle. We shall provide you with reasonable prior notice of any change in the Pro Member Subscription Plan fee and/or Sticky Topic Advertisement Subscription Plan fee so as to give you the opportunity to terminate the Pro Member Subscription Planbefore such change becomes effective. Your continued use of the Services, after any change/modification in the Pro Member Subscription Plan and Sticky Topic Advertisement Subscription Plan, comes into effect, shall constitute your agreement to pay the modified Pro Member Subscription Plan fee amount.

You acknowledge and agree to pay WebSoft365 the Pro Member Subscription Plan fee on time. Payments made by you to WebSoft365 for the Pro Member Subscription Plan shall be non-refundable.

WebSoft365 does not guarantee that the Pro Member Subscription Plan will be offered indefinitely on its Website. WebSoft365 reserves the right to change the features and the fees for the Pro Member Subscription Plan.

5. Personal and Business Use Limitation

Unless otherwise specified, the Website and the Services are for your personal and business use only, and you may not use the Website for any other purposes. Except as expressly permitted by these ToU, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell or create derivative works from the Website and Services.

WebSoft365 reserves the right to suspend or restrict access to (i) the Website and the Services; (ii) specific pages of the Website; and/or (iii) certain functionalities of the Website and the Services. We may, for example, suspend access to the Website and the Services during server maintenance or when we update the Website. You may not circumvent, bypass, or attempt to circumvent or bypass any access restriction measures on the Website.

6. Cookies

Cookies are defined as small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow data gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

The Website may from time to time use cookies. Through the use of cookies, WebSoft365 can provide you with more user-friendly services so as to enhance your experience on the Website.

When you first visit the Website, WebSoft365 may ask you to confirm whether you wish for cookies to be used by us. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose. However, please note that should you choose not to use cookies or should you prevent their use through your browser settings, you might not be able to use all the functionalities available on the Website.

7. Privacy and Protection of Personal Information

WebSoft365’s Privacy Policy, available at https://WebSoft365.com/privacy_policy, governs the use, storage, and processing of the personal information you may provide to us through the use of the Services. Your election to use the Services shall be deemed as your acceptance of the terms of our Privacy Policy.

8. Liability

WebSoft365’s cumulative liability under these ToU shall in no event exceed the amount of fifty U.S. Dollars (US$50,00) for any claims arising under these ToU.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TOU, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY: FEE INCREASE, REPUTATIONAL LOSS, DAMAGED GOODWILL, USE OF THE WEBSITE AND/OR THE SERVICES, INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, DELAY, LOSS OR RECOVERY OF ANY SERVICES, OR ANY THIRD PARTY MATERIALS AND DATA.

FURTHERMORE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, RELIANCE OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT), REVENUE (OTHER THAN FEES PAYABLE UNDER THIS TOU), BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED OR IS REASONABLY FORESEEABLE.

9. Indemnification

You agree to indemnify and hold WebSoft365 harmless, including but not limited to WebSoft365’s officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any third party claims that you have used the Website and the Services in violation of a third party's rights, any law, any provisions of these ToU, or any other claim related to your use of the Website and the Services, except where such use has been authorized by WebSoft365.

10. Disclaimer

Except as expressly set forth in these ToU, all Services provided by WebSoft365 are provided “as is” with all faults, errors, bugs, defects and without warranty of any kind, whether written, oral, express, implied, statutory, or arising from any course of dealing, usage or trade practice. WebSoft365 specifically and expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement of any intellectual property rights to third parties, patent validity, operation without interruption, achievement of your requirements or intended results, or of compatibility with any other goods, services, technologies or materials except as expressly provided under these ToU. Furthermore, and without limiting the foregoing, WebSoft365 makes no warranty of any kind that the Services are or will be secure, accurate, complete, or free from harmful code or error. Any third party materials are provided “as is” with all faults, errors, bugs, defects and without warranty of any kind. Any third party representation or warranty provided in relation to any open-source software shall (i) be strictly between you and the third-party developer or distributor of such open-source software, and (ii) not create any obligation on WebSoft365.

11. Links to Third Party Sites

The Website and the Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources.

12. Suspension and Termination

WebSoft365 may suspend or temporarily disable access to whole or part of the Website or any of the Services in the event (i) we suspect you of any illegal activity; (ii) WebSoft365 reasonably believes you have breached any of the terms and conditions of these ToU; or (iii) such suspension or temporarily disable access to the Website and/or Services stems from a request made by applicable law enforcement or other government agencies.

You may terminate your Member Account with WebSoft365 for any or no reason, at any time or if we breach our obligations under these ToU. The termination of your Member Account shall be immediately followed by (i) denial of access to the Website and the Services, (ii) deletion of information in your Member Accounts such as your email address and password, and (iii) deletion of all your User Generated Content.

13. Severability

If any of the provisions or portions of these ToU are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these ToU without in any way invalidating or impairing the other provisions of these ToU.

14. Applicable Law & Jurisdiction

These ToU, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Austria, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Oberwart, Austria.

15. Entire Agreement

These ToU constitute the entire agreement between you and WebSoft365 as it relates to the Website and the Services, and supersedes all oral or written proposals, and all communications between the Parties relating to its subject matter.

16. Contact Us

Should you have any questions concerning this ToU, any request to delete any copyrighted content, any questions about your Member Account or any other general queries, you may contact us at websoft365com@gmail.com

For any billing queries relating to the Pro Member Subscription fee you may contact: websoft365com@gmail.com