Welcome to Orosoft Ltd (the “Website”)!
Please read these Terms and Conditions (the “Terms and Conditions” or “Terms”) carefully. These Terms and Conditions in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference are a legal agreement between Orosoft Ltd ("Company", “we”, “us” or “our”) and, if you are authorized to acquire our software, access the Website and/or use our services and any enhancements, modifications, revisions and/or new versions thereof on behalf of your company or another organization, between the entity on behalf of whose you act (“you”, “your” or “End User”).
WE ONLY OFFER SERVICE FOR BUSINESS ENTITIES AND DO NOT OFFER SERVICE TO INDIVIDUALS. YOU REPRESENT AND AGREE THAT (I) YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF THE COMPANY OR OTHER LEGAL ENTITY THAT YOU MAY SPECIFY, (II) SUCH LEGAL ENTITY HAS FULL LEGAL CAPACITY AND IS IN GOOD STANDING IN THE JURISDICTION IN WHICH IT IS FORMED, (III) YOU HAVE FULL LEGAL CAPACITY AND AUTHORITY TO BIND YOURSELF INDIVIDUALLY AND SUCH LEGAL ENTITY TO THESE TERMS, (IV) SUCH LEGAL ENTITY HAS AN "OWNERSHIP INTEREST" IN THE DEVICE ON WHICH OROSOFT CRM IS INSTALLED, AND (V) THE TERMS "YOU" OR "YOUR,” AS USED HEREIN SHALL, UNLESS THE CONTEXT OTHERWISE REASONABLY REQUIRES, REFER TO BOTH (A) SUCH LEGAL ENTITY, AND (B) THE INDIVIDUAL OR INDIVIDUALS (THE “END USER(S)”) ACCESSING OR USING THE SERVICE AND OUR SOFTWARE AS AUTHORIZED OR INVITED BY SUCH LEGAL ENTITY; PROVIDED, HOWEVER, THAT EACH SUCH END USER(S) SHALL REMAIN VICARIOUSLY LIABLE AND BE REQUIRED TO COMPLY WITH THESE TERMS EVEN THOUGH THE SERVICE MAY BE USED IN THE NAME OF THE LEGAL ENTITY. IF YOU DO NOT MEET THE REQUIREMENTS ABOVE, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.
End User License Agreement
Your use of Orosoft CRM (as defined hereunder) shall be governed by the End User License Agreement (“EULA” or “EULA Agreement”) and other terms and conditions in effect for the Software at the time of subscription. The relevant EULA Agreement will be displayed when you install or configure our Software, and you will be asked to accept the EULA before using the Orosoft CRM. You shall not use, download or install Software that is accompanied by or includes an EULA Agreement unless you agree to the terms and conditions of such EULA Agreement.
In many cases, a copy of the EULA Agreement also will be installed on your computer. Our EULA Agreement is available at https://oro-soft.com/eula.html, and applies in addition to, and supplement the provisions of, these Terms and Conditions. In the case of a conflict between these Terms and Conditions and the EULA Agreement, the provisions of these Terms and Conditions shall govern.
Changes to these Terms
We reserve the right to change these Terms and Conditions at any time. The updated version of the Terms will be effective upon the date of posting unless indicated otherwise in the updated Terms. It is your responsibility to check these Terms periodically for changes. You can review the most current version of the Terms at any time at https://oro-soft.com. Your acceptance of the Terms by clicking a checkbox (if one is made available to you), or your continued use of the Website and/or our Services after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your use of Services and/or discontinue your use of the Website.
We may also, in the future, offer new services and/or features through the Services (including, the release of new tools, features, and/or resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
Description of Services. License
The “Service(s)” means (a) the website https://oro-soft.com, and (b) all software, data, applications, text, images, and other content made available by or on behalf of the Company. Any modifications to the Services are also subject to these Terms. The Company reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title, and interest in and to the Service will remain with and belong exclusively to the Company.
At no time we will provide you with any tangible copy of our Software. The Company shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating, or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For this section, tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying EULA Agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location. If no EULA Agreement accompanies the use of the Software, the use of the Software will be governed by these Terms. Subject to your compliance with the Terms, the Company grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms.
By signing up you agree that we may send you service, administrative or promotional emails, emails about new product features, or other news about Orosoft CRM. We may also contact you to inform you about changes in our Services, our Service offerings, and important Service-related notices. You can opt out of these emails at any time. To manage your email and newsletter preferences, click Unsubscribe at the bottom of the email.
Free Trial
We may, at our sole discretion, offer a Subscription with a free trial with limited trial usage for an unlimited period (“Free Trial”). You should buy a subscription to be able to remove unlimited volumes of junk and other files.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.
Fee Changes
We may, at our sole discretion and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Subscription Periods. We will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective. Your continued use of the Services after the Subscription Fee Change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Billing
All Subscription fees shall be processed via wire transfers based on our invoices. All associated outgoing and incoming bank fees (including, without limitation, your bank fees and our bank fees) (collectively, the “Bank Fees”) shall be your responsibility and shall be included by you at the time of payment to us.
Refunds
The amounts paid are refundable during the refund period that lasts 30 days. It begins on Orosoft CRM purchase date and expires on the last day of the Refund Period.
Website Content; Proprietary Rights; License; Updates.
"Website Content" means all information, graphics, text, images, software, sound files, video, communications, and other materials (including all metadata associated with any content) that the Company and its licensors provide to you in connection with the Website. The Company and its licensors own all Website Content, including the selection and arrangement of the Website Content. The Company and its licensors own all legal rights, title, and interest in and to the Website domain name, Website Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with your use of the Website, including any intellectual property and other proprietary rights that exist therein. We grant you a personal, non-exclusive, non-transferable, limited license to use the Website and Website Content (including updates and upgrades thereto) as part of the Services and following the Terms. We may from time to time update the Website and/or Website Content. These updates may include bug fixes, feature enhancements, improvements, or new versions. You hereby agree that we may automatically deliver these updates to you.
Privacy and Collection of Personal Information
We may collect and use information about your usage of the Services and/or Software, including certain types of information from and about your Apple Computer. Please see our Privacy Policy for further information on the collection and use of information.
Feedback
You agree that, if you submit or provide suggestions for improving our Software and/or Services ("Feedback") to the Company, by the act of submission or suggestion you effectively irrevocably assign to the Company all rights, title, and interest throughout the world in the Feedback without the right to any compensation or royalties from us and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback. Further, you effectively irrevocably waive and agree never to assert any claims against the Company or any of the Company's successors in interest concerning Feedback you submit or provide to us. You also agree that this assignment and waiver will be effective without the need for any further action or execution of any further document by you.
Communication
When you use/access the Website and/or our Services or send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically, as and when required. We may communicate with you by email, SMS, push notifications, telephone, or by such other mode of communication, electronic or otherwise. Your use of the Website and/or Services entitles you to receive periodic communication regarding our Services through email, SMS, push notifications, telephone, or by such other mode of communication, electronic or otherwise.
Testimonials
We may post clients’ testimonials on our Website which may contain personal information (your photo, first name, or initials). Your testimonials consist of any of your suggestions, comments, or other feedback, whether it is required or provided voluntarily, relating to the Website and/or Services ("Testimonials").
If you provide us with your Testimonials, as part of your use of the Website and/or Services, you agree that:
we may freely use, disclose, reproduce, license, distribute, and otherwise commercialize your Testimonials in any of our services, specification or other documentation; and you provide us with your consent to post your photo, first and last name/initials along with your Testimonial on our Website;
you will not give us any Testimonials that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party.
Updates
You understand that the Company’s Services are evolving. As a result, we may require you to accept updates to the Software that you have installed. You acknowledge and agree that the Company may update the Orosoft CRM with or without notifying you. You may need to update third-party software from time to time in order to use the Orosoft CRM.
Certain Restrictions
The rights granted to you in the Terms are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services, including the Website and/or Software,
(b) you shall not frame or utilize framing techniques to enclose any trademark, logo (including images, text, page layout or form) of the Company;
(c) you shall not use any meta tags or other “hidden text” using Company’s name or trademarks;
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services, including the Website and/or Software except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(f) access the Services to build a similar or competitive website, application or service;
(g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
(h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services, including the Website and/or Software.
Any future release, update, or other addition to the Services shall be subject to the Terms. The Company, its suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by the Company under the Terms.
Term
This Agreement will remain in full force and effect while you use the Services. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease.
Disclaimer of Warranty
Actual service coverage, speeds, locations, and quality may vary. We will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services and the Website may be subject to unavailability due to a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, limited, or curtailed. Delays or omissions may occur. We are not responsible for data lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Website and/or Services. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, the Services, or the Website.
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, ALL WEBSITE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE AND/OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE COMPANY’S WARRANTIES AND CONDITIONS CONCERNING THE WEBSITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“COMPANY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES.
COMPANY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claim or demand, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees), arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; or (iii) your use of the Website and/or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
Governing Law. Jurisdiction
These Terms shall be governed by, and construed by, the laws of Cyprus, without reference to its choice of law rules. Notwithstanding the foregoing, you agree that the Company shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.
Severability and Waiver
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
Force Majeure
We will not be liable for any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, floods, storms, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations, which are affected by that Force Majeure Event for so long as the event continues.