This document sets out the Terms of Service and Usage (“Terms”) for our website “SoftwareEver.com” (“Website”), which means any content, design, software, application or services offered by SoftwareEver (“Website”).
Your use of the Website signifies that you agree to these Terms. If you do not or are unable to agree to these Terms you are required to terminate the use of this Website with immediate effect.
These Terms constitute an understanding between you and the Website with respect to the usage of the Website and availing services offered by the Website. However, in addition to these Terms, there are general terms and conditions applicable to you with regards to accessing and using the website of the Website and the Data and Contents Policy (“Policy”), which terms and conditions are in addition to these Terms. Additionally, you are also bound by all the applicable terms and conditions between you and the 3rd-party applications that may be used to access the services offered by the Website.
The Website may modify these Terms from time to time without prior intimation. When any changes are made to these Terms, the most current version of the same along-with the date of revision shall be posted on the Website. It shall be your sole responsibility to keep yourself up-to-date with all the changes to these Terms. By continuing to use the Website after any changes to the Terms coming into effect, you would have deemed to have read and understood and agreed to all the Terms as applicable at that point in time.
Relationship with the Website
You shall have no claim or direct contractual relations with the Website. Your access to the Website is for the services availed, and your usage of the Website bears no claim to the Website. The services offered are aligned with Terms and Policy, if you breach any provisions of these Terms or the Policy or the applicable provisions of the Agreement, termination of account and/or services may take place.
Permitted Use
Subject to your compliance with these Terms (and all other applicable Policies, Agreement and terms and conditions), you shall be granted permission to use the service provided by through the Website, provided that your use of the Website is solely for acquiring content, design, software and marketing services, in accordance with the provisions of these Terms, the Policy and the Agreement.
You hereby also agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Website or any software/hardware used in connection with the Website.
Website Use & Services Offered
The Website is available to anyone who is at least 18 years old. When sending in a query; requesting a quote; and/or placing an order, you represent that you are at least 18 years of age. Additional eligibility requirements for a payment may be set by the 3rd-party platform to process the transaction in-question.
Any account for the services request/availed may be modified, suspended or terminated any account or access to the Website if, in the sole discretion of the Website, it is determined that these Terms or the provisions of the Agreement or the Policy have been violated in any manner whatsoever, including any ancillary policies or guidelines. Additionally, if the user fails to comply with post-sales policy may find the account removed from the records. The Website has the right to modify, suspend, or terminate your access to any and/or services offered.
Availability of Website & Services
The Website will not be held responsible for any losses or damages incurred by you for unlikely interruptions or faults in the Website. Additionally, certain aspects, elements, features or functions of the Website may be modified or discontinued (in whole or in part) with or without notice and without liability to you under any circumstances whatsoever.
Payment
The user/customer shall pay (“fee”) the Websites against services availed by Credit Card, Wire Transfer, PayPal, Google Pay, Alipay or Cryptocurrency on a monthly, quarterly, annual, or other basis, as maybe agreed with the Website in accordance to the services availed and subsequent delivery timelines. Payment of the said fee can also be made in advance subject to the nature of the services availed, and in accordance with the start of each Billing Cycle. Fees are subject to changes from time to time, and this decision is at the sole discretion of the Website.
The user/customer is liable to pay the fee in-question to the Website against the services offered, at the start of each Billing Cycle.
Security
You are prohibited from violating or attempting to violate the security of the Website, including without limitation: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a website or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any other user/customer, user, host or network, including, without limitation, by means of submitting materials like malicious software code, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information by any e-mail or submission (vi) violating .
Violation of the security rules, protocol and general practices may result in civil or criminal liability.
While reasonable attempts and measures will be taken and will be in place to protect the security of all the contents and accounts of the Website, the Website cannot guarantee that unauthorized third parties won’t be able to defeat its security measures, and shall not be responsible or liable in any manner whatsoever if such an eventuality ever occurs.
Indemnity & Liability
THE Website HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR LOSSES OR DAMAGES OF ANY KIND WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL OR INCIDENTAL, ARISING OUT OF USE, REFERENCE OR RELIANCE ON THE WEBSITE OR THE UNDERLYING SYSTEMS AND SOFTWARE, OR ON ACCOUNT OF ANY LOSS OF OPPORTUNITY OR BUSINESS LOSS WHICH YOU MAY SUFFER OR INCUR RELATED TO THEIR USE OF THE WEBSITE OR OTHERWISE.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE Website DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE Website ALSO DISCLAIM ANY WARRANTIES REGARDING (A) THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, (B) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON THE WEBSITE OR BY THE Website ITSELF, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS TO OTHER WEBSITES OR RESOURCES PROVIDED THROUGH THE WEBSITE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE WEBSITE, AND (D) THE CORRECTION OF ANY ERRORS IN THE WEBSITE, (E) ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF WEBSITE, (F) DEALINGS WITH OR AS THE RESULT OF THE PRESENCE OF MARKETING PARTNERS OR OTHER THIRD PARTIES ON OR LOCATED THROUGH THE WEBSITE AND (G) ANY SECURITY BREACHES, LAPSES, ERRORS OR EVENTS OF HACKING ON OR RELATED TO THE WEBSITE, INCLUDING LEAKING OF ANY PAYMENT DETAILS RELATED TO SUBSCRIBERS/USER.
YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFIES AND AGREES TO DEFEND AND HOLD THE Website AND ALL ITS EMPLOYEES, SPONSORS, OWNERS, MEMBERS, DIRECTORS, EXECUTIVES, OFFICERS AND SHAREHOLDERS (BY WHATEVER NAME CALLED) HARMLESS FROM ANY CLAIMS OR CHARGES MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR (A) VIOLATIONS OF THESE TERMS, THE POLICY AND/OR THE APPLICABLE PROVISIONS OF THE AGREEMENT (B) USE, MISUSE, OR ABUSE OF THE WEBSITE, (C) CONTENTS AND POSTINGS ON THE WEBSITE, (D) VIOLATION OF ANY LAW, STATUTE, ORDINANCE OR REGULATION OR THE RIGHTS OF A THIRD-PARTY, OR (E) PARTICIPATION OR CONDUCT IN AN EVENT OR GROUP (OF THE WEBSITE) THAT VIOLATES THESE TERMS.
Governing Law
These Terms and the usage of the Website and services provided by the Website shall be governed by the laws of the State of Delaware, United States of America.
Language
This document has been crafted and published in the English language only, which shall be in control hereon. All communication, emails, messages, notices, or any other documents made/approved/shared pursuant to this Agreement shall be made in the English language only. This document contains the entire agreement between the User of the Website, the Website, as well as the Website, and there are no other understandings except as set forth in writing and signed by all parties.
