This document (hereinafter referred to as "T&C" as indicated in the "Definitions" chapter) became effective as of 2025-01-13 and is valid for an indefinite period. Please be aware that this document will be updated from time to time.
In the context of this document, the following capitalized terms will have the meanings specified below unless the context clearly indicates otherwise:
2.1 Our services and offers on the Platform are made exclusively based on these General Terms and Conditions in the version valid at the time of the order. T&C are an integral part of all contracts we enter into with our clients regarding the Platform.
2.2 If the Client is a repair shop or another entity that provides the Platform and/or Application to its teaching staff and other employees, it is held to inform these users about the contractual provisions including these T&C and to ensure that the use is made only in accordance with and within the contractual provisions and these T&C. The Client is solely responsible for any damage resulting from the breach of this obligation.
3.1 Unless otherwise agreed, the delivery of the Application is made in immaterial form and is made available to the User by accessing the Platform according to the Subscription chosen by the Client. The Client will not have access to nor the right to use the source code of the Application. Partial deliveries are permitted to the extent that they are acceptable to the Client.
3.2 Orders placed on the Platform are considered delivered as soon as the payment has been successfully confirmed. Activation of the purchased subscription and sending the invoice to your email address is generally done instantly but can take up to 10 minutes.
4.1 The Platform and all its content including the Application are protected according to legal provisions on copyright. All rights (copyright, trademarks, and other protective rights) over the Platform/Application and databases as well as content, data, and other elements belong to us.
4.2 The Client receives a simple, non-exclusive, non-transferable, limited right to use the Platform/Application under the terms agreed contractually for the duration of the contract; otherwise, all rights revert to us. Therefore, the Client's rights are limited to using the Application for the purpose for which it was created, and it is prohibited to:
4.3 The use of the Application is conditioned on the timely payment of the agreed remuneration.
4.4 The Platform is intended exclusively for use within the Client's own institution. Commercial use of any kind is not permitted.
4.5 The Client does not have the right to transfer, sell, assign, or otherwise transmit the usage rights granted to third parties, unless this is permitted in writing by us. Employees of the Client are not considered third parties in this regard, having the right to access/use the Application within the limits of the rights that the Client itself holds.
4.6 If the Client violates the T&C, we have the right, without prejudice to other rights, to partially or completely suspend the right of access to use the Platform/Application. In such cases, the Client is not entitled to a total or partial refund of the payments made, nor to an extension of the usage period of the Platform/Application for the period during which the right of use has been suspended. Softwareup cannot be held liable for any damages, direct or indirect, regardless of extent, form, or nature incurred by Clients (and/or their agents) in the event that we resort to suspending the Client's right to use the Platform/Application as a result of their violation of these T&C in any way. It will be considered a violation of these T&C due to the Client's fault, including violations committed by the Client's agents/employees or any other persons who have access to the Client's Subscription, with or without their consent.
5.1 Unless otherwise agreed, prices are valid at the time of the order. Our current prices are available on the Platform in the pricing section.
5.2 All prices are expressed in EURO or RON and do not include VAT.
5.3 Payment methods include:
6.1 The Client has the option to test all the features of the Platform free of charge and without any obligations for a period of 3 months (90 days) from the account creation date. After this trial period, purchasing a subscription is required to continue using the features.
7.1 The Client has the right to return any order placed on the site, without citing any reason, under the following cumulative conditions:
7.2 We also grant the right to return in exceptional situations, under the following conditions:
Any exceptional situations under this paragraph (7.2) will be analyzed by us, and the resolve term, within reasonable limits, as well as their acceptance, remain at the sole discretion of Softwareup, which thus does not create any obligation towards the Client, nor can it be held to provide explanations regarding the refusal to refund the sums of money paid by the Client.
7.3 Once the cancellation request is confirmed, it will be processed, and the equivalent amount will be returned to the Client in the account from which the payment was made. This process can take up to 14 business days.
7.4 In any situation, including but not limited to those referred to in paragraph 7.2 above, when required, Softwareup may decide to only partially refund the sums received from the Client. Softwareup cannot be held liable for the payment of delay penalties or interest on the sums to be refunded to the Client, nor can it be held responsible for any fees charged by banking institutions or other money transfer institutions, or for taxes levied by authorities, if applicable. Under no circumstances can Softwareup be required to refund more to the Client than the amount actually received from them.
7.5 Aside from the situations mentioned in paragraphs 7.1 and 7.2 above, the Client cannot request the refund of any money on the grounds that they only partially used or did not use at all the resources of the purchased Subscription. Also, the Client cannot request to switch the Subscription for another with a lower price, thus asking for a refund of the difference in money.
7.6 The use of the Platform/Application is allowed only for the period covered by the Subscription, and the Client is solely responsible for having the access to the Platform/Application restricted due to non-payment or non-renewal of the Subscription.
8.1 Our customer service is available for technical support throughout the duration of the contract and is responsible for receiving and processing the Client's technical support requests. Technical support requests refer to reporting system malfunctions and functionality errors of the Platform/Application and do not cover explanations/clarity or tutorials/guidance on the normal use of the Platform/Application.
8.2 We strive to process technical support requests in a reasonable time and to correct malfunctions and errors as quickly as possible, usually within 24-48 hours, without this constituting an obligation that results in any kind of penalties against Softwareup.
8.3 Our customer service is available at the email address contact@softwareup.io or through the contact form on the Platform from Monday to Thursday, between 9:00 AM and 3:00 PM, and on Friday, between 9:00 AM and 12:00 PM.
9.1 The Platform is web-based and provided as a SaaS (Software as a Service) solution for use over the internet. The Client requires a device with internet access, an updated web browser, and an internet connection to use the Platform.
9.2 Access to and use of the Platform is only possible after prior registration. During registration, accurate information must be provided.
9.3 The Platform is usually available 24 hours a day, 7 days a week. The average availability is 99% per year.
9.4 We inform the Client that there may be restrictions or interruptions in the provision of the Platform that are not under our control. These include especially actions of third parties not acting on our behalf, uncontrollable technical conditions of the internet, and force majeure. Also, the hardware and software used by the Client and the technical infrastructure can affect the performance provided by us. To the extent that such circumstances influence the availability or functionality of the Platform, this does not affect the compliance of the services provided with the contract, and Softwareup cannot be held responsible for any external factors over which it has no control.
9.5 The Platform is technically reviewed, supplemented, and regularly updated. There is no legal or contractual right in this regard; Softwareup is the only one that will decide if, when, and to what extent or manner it completes or updates the Platform/Application. We reserve the right to shut down servers for maintenance with appropriate prior notice.
9.6 In accordance with paragraph 9.5 above, Softwareup is not obligated to keep the structure, interface, or other elements of the Platform or Application unchanged and may, at its own discretion, intervene on any of these elements as long as it does not restrict or impede in any way the normal use of the Application by the Client, except during periods necessary for implementing changes/updates, in case of temporary shutdown of the servers hosting the Platform/Application.
9.7 We take care of maintaining the Platform, particularly in diagnosing and correcting malfunctions in a reasonable time. Defects are significant deviations from the functionalities contractually established by accepting these T&C. The Client is aware and agrees that malfunctions may occur that can temporarily affect the access to the Platform and/or the use of the Application, and that remedying such issues within a reasonable timeframe will not result in any liability for Softwareup.
9.8 We reserve the right to block or suspend a user's access to the Platform if we detect suspicious activities, including but not limited to, the creation of multiple accounts from the same IP address. This measure is necessary to prevent abuse and to ensure the security and integrity of the Platform. Affected users will be notified by email regarding the account block and the reasons for it. If you believe that the block has been made in error, please contact our technical support team for clarification and possible solutions.
10.1 These T&Cs constitute a framework service contract (focusing on the delivery of the Application as a SaaS solution) between Softwareup and the Client, which is automatically supplemented with the applicable legal provisions and the elements resulting from the Platform to the extent that they can be considered applicable, including but not limited to the Cookie Policy and Data Processing Policy. Moreover, these T&Cs are specifically supplemented by the details of the Subscription type chosen by the Client. Acceptance of these T&Cs by the Client is automatically done by ticking the corresponding button on the Platform.
10.2 The duration of the contract is determined by the description of the services on the Platform, which is displayed to the Client at the time of the Order and is determined by the duration of the Subscription chosen by the Client. The contract is renewed/extended accordingly with the duration of the extended or newly purchased Subscription.
11.1 The Client will protect the Platform against unauthorized third-party access through appropriate measures.
11.2 Access data must be carefully preserved and managed in such a way that their loss is prevented, and third parties cannot become aware of them. The Client must notify us immediately if they reasonably suspect that the access data have been misused.
12.1 We collect and store the data necessary for business processing. In the processing of personal data (such as name, address, or email address), we comply with legal provisions in force. Additional information can be found in the document entitled "Privacy policy" on the Platform.
12.2 Except for credit card information for purchasing a Subscription, Softwareup does not require and does not wish to receive confidential or proprietary information from the Client. Apart from credit card information, any information or material sent to Softwareup will be considered non-confidential.
13.1 These T&Cs have been published and last updated on the date mentioned in the preamble. We may update these T&Cs from time to time by updating the Platform. Changes to these T&Cs become effective when they are posted.
13.2 The Client acknowledges that they have read and understood these T&Cs and assumes the responsibility to periodically review the Platform and these T&Cs to be aware of any changes.
13.3 Using the Platform after such changes will constitute recognition of the modified T&Cs and the agreement to comply with and be bound by the modified T&Cs.
14.1 Unless otherwise provided in this document or by law, these T&Cs are governed by the laws of Romania, and any disputes, if the parties fail to resolve them amicably, will be settled by the common law courts at Softwareup headquarters. If the Client is a natural or legal person of a nationality other than Romanian, disputes will be settled by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Romania, according to the rules established by this institution.
14.2 In the event that any clause of these T&Cs is deemed by a competent judicial authority to be inapplicable from any standpoint, the validity of the remaining of these T&Cs will not be affected, provided that such inapplicability does not significantly affect the rights of the parties under these T&Cs.
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