Terms of Service

Terms of Service

Welcome to SOFTWORLD IT, LLC (hereinafter referred to as "SOFTWORLD IT," "we," "us," or the "Company"), located at 240 Gunsmoke Dr, Diamond Bar, CA 91765 US. These Terms of Service (the "Terms") form a legally binding agreement between you (the "User" or "you") and SOFTWORLD IT regarding your access to and use of our official website, software applications, and related services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Services.

1. Service Overview and Scope

1.1 Service Description: SOFTWORLD IT provides a range of IT-related services, including but not limited to software development, cloud computing solutions, data analytics, IT consulting, and technical support. The specific features and functionalities of the Services are detailed on our official website and may vary based on user subscriptions or plans.

1.2 Service Availability: We strive to ensure the continuous availability of the Services, but we do not guarantee that the Services will be uninterrupted or error-free. Scheduled maintenance, updates, or unforeseen technical issues may temporarily affect service availability. We will use reasonable efforts to notify you in advance of any scheduled downtime.

1.3 Service Modifications: We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. Such changes may be made to improve functionality, comply with legal requirements, or for other business reasons. Your continued use of the Services after any modifications constitutes your acceptance of the updated Terms.

2. User Registration and Account Security

2.1 Registration Requirements: To access certain features of the Services, you may be required to register for an account. You must provide accurate, complete, and up-to-date registration information and keep it updated throughout your use of the Services.

2.2 Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account information with any third party and to notify us immediately if you suspect any unauthorized access or use of your account.

2.3 Account Termination: We may suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms or engaged in any fraudulent, illegal, or harmful activity. Upon termination, you will lose access to the Services associated with your account, and we may delete any data or content stored in your account.

3. User Conduct and Prohibited Activities

3.1 Compliance with Laws: You agree to use the Services in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to those related to data privacy, intellectual property, and export controls.

3.2 Prohibited Uses: You shall not use the Services for any of the following purposes:

- Transmitting or storing any content that is illegal, defamatory, obscene, or infringes on the intellectual property rights of others.

- Attempting to gain unauthorized access to our systems, networks, or data, or interfering with the normal operation of the Services.

- Distributing viruses, malware, or other harmful code that could disrupt or damage the Services or other users' devices.

- Engaging in any activity that could overload, disrupt, or harm the Services, such as sending spam emails or conducting denial-of-service attacks.

3.3 Monitoring and Enforcement: We reserve the right to monitor your use of the Services to ensure compliance with these Terms. If we become aware of any prohibited activity, we may take appropriate action, including but not limited to issuing warnings, suspending or terminating your account, and reporting illegal activities to law enforcement authorities.

4. Intellectual Property Rights

4.1 Our Intellectual Property: All intellectual property rights in the Services, including but not limited to software, code, designs, logos, trademarks, and content, are owned by SOFTWORLD IT or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

4.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business purposes, subject to these Terms. You shall not copy, modify, distribute, sell, or create derivative works of the Services without our prior written consent.

4.3 User Content: If you submit any content, such as data, feedback, or files, through the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute such content for the purpose of providing and improving the Services. You represent and warrant that you have the necessary rights to grant this license and that the content does not infringe on the rights of any third party.

5. Data Privacy and Security

5.1 Data Collection and Use: We collect and process your personal data in accordance with our Privacy Policy, which is available on our official website. By using the Services, you consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy.

5.2 Data Security: We take reasonable measures to protect the security of your data, including implementing encryption, access controls, and regular security audits. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your data.

5.3 Data Retention: We will retain your data for as long as necessary to provide the Services and comply with legal obligations. We may also retain anonymized or aggregated data for analytical purposes.

6. Paid Services and Fees

6.1 Subscription Plans: We offer various subscription plans for our Services, each with its own set of features and pricing. The details of each plan are available on our official website, and you are responsible for selecting the plan that best suits your needs.

6.2 Payment Terms: You agree to pay all fees associated with your chosen subscription plan in accordance with the payment terms specified on our website. Fees are non-refundable except as expressly provided in these Terms or our refund policy.

6.3 Automatic Renewal: Subscription plans will automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. You can manage your subscription settings, including cancellation, through your account dashboard.

7. Disclaimers and Limitations of Liability

7.1 No Warranties: The Services are provided "as is" and "as available," without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or secure.

7.2 Limitation of Liability: To the fullest extent permitted by law, SOFTWORLD IT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

7.3 Indemnification: You agree to indemnify and hold SOFTWORLD IT and its affiliates, officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services or your violation of these Terms.

8. Governing Law and Dispute Resolution

8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

8.2 Dispute Resolution: Any disputes arising out of or in connection with these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California, and the decision of the arbitrator shall be final and binding on both parties.

9. Miscellaneous

9.1 Entire Agreement: These Terms constitute the entire agreement between you and SOFTWORLD IT regarding your use of the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

9.2 Waiver and Severability: The failure of SOFTWORLD IT to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Contact Information: If you have any questions or concerns about these Terms or the Services, please contact us at mailto:[email protected] or by mail at 240 Gunsmoke Dr, Diamond Bar, CA 91765 US.