Terms and conditions of use
SOFCAR offers to anyone interested, a free version of the SOFCAR service. To access this service, you will need to complete the information required in the registration form provided by SOFCAR on the website https://www.sofcar.com and accept the conditions of use of this service.
The Free version of SOFCAR service is a solution that allow the Client to access from a browser or other device to several management resources and capabilities of SOFCAR.
Once the registration form is completed, SOFCAR will send an email to the email address indicated by the Client, wherein the data to access the service is indicated.
So, in order to access and use certain sections and features of the SOFCAR Services, you must first register and create an account with SOFCAR (“Client Account”).
In order to use our services, there are certain obligations and conditions you need to meet.
Among others, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable SOFCAR or your end users to do with it) is legal.
– You must comply with all applicable laws.
– You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.
– You shall regularly save backups of your content.
– You agree that we or our partners may send you promotional messages and content.
– You can easily opt-out of receiving promotional messages by contacting us.
– You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.
– You agree that SOFCAR has the right to impose and change price plans for its Services. Additionally, SOFCAR may impose restrictions depending on your specific usage of the Service.
– In general, SOFCAR just want you to be nice, and avoid doing anything that might harm us or anyone else.
– Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
– Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.
SOFCAR reserves the right to offer the version of applications it deems most suitable and to change at any time the available applications based on the new version, without alerting the Client of these changes.
SAMPLE FILES AND NO-CHARGE PRODUCTS
SOFCAR may provide sample files and free versions for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files consists of random data. SOFCAR makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files.
SOFCAR may also offer certain free versions (Including SOFCAR Free) to you at no charge, including free accounts, trial use and free versions as defined below (collectively, “No-Charge Products”). Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted during the Subscription Term we designate (or, if not designated, until terminated in accordance with these Terms). The terms and conditions of these Terms governing SOFCAR Products, including Restrictions, fully apply to No-Charge Products.
SOFCAR may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and free products, and any pre-release and free features within generally available SOFCAR Products, that we make available (collectively, “Free Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available SOFCAR Products.
SOFCAR makes no promises that any Free Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to full access to Free Versions capacities, but the Free Versions will still remain subject to this Terms of Service. All information regarding the characteristics, features or performance of any No-Charge Products (including Free Versions) constitutes our Confidential Information.
To the maximum extent permitted by applicable law, SOFCAR disclaims all obligations or liabilities with respect to No-Charge Products, including any Support, warranty and indemnity obligations.
PAID SERVICES AND SUBSCRIPTIONS
Except as otherwise indicated below, modifications to these Terms will take effect at the next renewal of your Subscription Term and will automatically apply as of the renewal date unless the client elect not to renew. Notwithstanding the foregoing, in some cases (e.g., to address compliance with Laws, or as necessary for new features) SOFCAR may specify that such modifications become effective during your then-current Subscription Term. If the effective date of such modifications is during your then-current Subscription Term and you object to the modifications, then (as your exclusive remedy) you may terminate your affected Orders upon notice to us, and SOFCAR will refund you any fees you have pre-paid for use of the affected SOFCAR Products for the terminated portion of the applicable Subscription Term.
To exercise this right, you must provide SOFCAR with notice of your objection and termination within thirty (30) days of SOFCAR providing notice of the modifications. For the avoidance of doubt, any Order is subject to the version of these Terms in effect at the time of the Order.
SOFCAR SUPPORT AND FEEDBACK SERVICES
Support and Feedback means the Sofcar provided services designed to report any question, error or incident in the installation, configuration and usage of the software that the client may find, but does not include any type of assisted deployment, design particular to bespoke requirements or assistance with third-party applications being used in conjunction with the software.
SOFCAR FREE VERSION SUPPORT SERVICES
A ticketing platform is included in SOFCAR Free Version Support services to receive client feedback and address future SOFCAR development, debug and fix any possible performance issues. SOFCAR disclaims any liability towards response time and resolution of individual issues regarding SOFCAR Free Version features or functionalities.
SOFCAR PAID SUBSCRIPTIONS SUPPORT SERVICES
SOFCAR offers Support for purchase on a monthly or annual basis. Support services provide a resource for clients to receive answers to questions regarding to installation, standard product configurations and usage of SOFCAR Paid Subscriptions Support services.
SOFCAR Support does not include developing code for the client, debugging client’s applications, analyzing or troubleshooting client’s applications or infrastructure. SOFCAR disclaims all obligations to support problems caused by Client’s negligence, abuse, misapplication, use of the software other than the specified in this Terms and Conditions of Use or other causes beyond the control of SOFCAR.
No SOFCAR Support will be provided if Client ceases payment of the paid subscription services engaged.
DURATION AND NOTICE OF TERMINATION
Both the Client and SOFCAR may equally resolve the service relation due to any of the following causes or any other expressly contained in this Service Terms:
– by the arrival of the term foreseen for its final expiration or of any of its extensions, and the fulfillment of the benefits of each part;
– by mutual agreement between the parties, without incurring any indemnity or penalty;
– due to breach of contract of the other party, provided that the performing party notifies said resolution in writing to the defaulting party detailing the breach in question. In this case the resolution will have immediate effects, unless the breach is remediable, in which case, the termination of the service relation will only occur if said breach has not been remedied within thirty days from the receipt of the notification;
– either party may terminate the service relation with immediate effect by means of a written notice if it considers that the other party is in breach of public legal or regulatory norms of internal rules that are applicable to any of them (good governance, codes of conduct, etc.). Notwithstanding the foregoing, in such circumstances, the parties may propose modifications to the service relation to avoid such legal or regulatory breach.
SOFCAR reserves its right to interrupt or cancel the services that are the subject of the Order, when the credit circumstances of the Client are altered and when advised by their payment history or financial status with SOFCAR. In the event that SOFCAR decides to terminate the contents of the Order for any of the above causes, it will proceed to return to the Client the part of the price that has already been paid by the Client and that corresponds to services not yet rendered by SOFCAR to that date, and the latter decides to terminate the service relation.
SOFCAR may also resolve this service relation in the event that the Service Terms object of the same are substantially modified, without the obligation to satisfy the Client any indemnification or penalty. However, if there is an agreement between both parties in the modification of said Services, the new conditions shall be included in an Annex to this service relation agreed upon and signed by the Parties. The modification of the Services will not imply the cancellation of those orders of Third Party Products to which SOFCAR has committed.
The resolution of this service relation shall not relieve the Client of the fulfillment of its obligation to pay SOFCAR of all work performed and pending payment and, if applicable, the fees of SOFCAR in proportion to the percentage of work that has actually been performed, and as of those Third Party Products whose acquisition has been committed with third parties.
OBLIGATIONS OF THE CLIENT
The Client undertakes to comply with the obligations included in this clause as well as to act honestly and in good faith. The execution of the Services and the fulfillment of the obligations of SOFCAR is conditioned to the Client fulfilling, in turn, with its obligations.
The Client shall comply with all the terms and conditions in the exercise of his professional activity and shall act in good faith.
The Client will not use the service in a way contrary to good faith, public order and current legislation.
The Client undertakes to provide by electronic means all the information to SOFCAR that may be required in the provision of the Services, including remote access to equipment in which the SOFCAR software is used or the incident has to be solved. When the Client provides SOFCAR, and SOFCAR requires to use, any software or other reserved information or property, the Client will ensure that it obtains the necessary authorization from the third party owners of said software or information.
Regarding the Hardware and/or Software, the Client is fully committed to:
– comply with the conditions of use and license established in the user manuals and instructions and in any documents provided by SOFCAR regarding its Hardware and/or Software and those conditions of use established by the manufacturer with respect to the Third Party Products, as well as with the security policies set by both;
-not to make copies of the Software without the prior written consent of SOFCAR and the corresponding manufacturer in the case of Third Party Products;
– not to assign, lease or otherwise facilitate the use of the Software to third parties;
– in general, to use the Hardware and/or Software diligently and without altering them in any way, except in the latter case exists an express authorisation of SOFCAR or the corresponding manufacturer in the case of Third Party Products.
In order to access and use certain sections and features of the SOFCAR Services, you must first register and create an account with SOFCAR (“Client Account”).
If anyone other than yourself accesses your Client Account and/or any of your Client Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the SOFCAR Services), make changes to your Client Platform(s) and Client Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your Client Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your Client Account and/or Client Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your Client Account and using the SOFCAR Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the Client Account and/or Client Content (as defined below) submitted to us.
In case of a dispute on Client Account ownership, we reserve the right to determine ownership to a Client Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a Client Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
1. SOFCAR will consider the owner of a Client Account, Client Platform and/or Client Content created and/or uploaded to the relevant SOFCAR Service, as the person or entity who has access to the e-mail address then listed in SOFCAR’s records for such Client Account under which such Client Platform or Client Content was created.
2. If any Paid Services were purchased via a Client Account, SOFCAR will consider the owner of such Client Account and/or the relevant Client Platform and/or Client Content created thereunder, to be the person or entity whose billing details were used to purchase such Paid Services. Notwithstanding the foregoing, when applicable if a Client Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on SOFCAR’s database, SOFCAR will consider the owner of such Client Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, SOFCAR will consider the organization as the actual owner of the domain, and therefore as the owner of the Client Platform connected to such domain. In event the Billing Information indicates one person as the owner of the Client Platform and the domain registration indicates a different owner, SOFCAR shall consider the person registered as the owner of the domain connected to the SOFCAR Account as the owner of the Client Platform.
3. Notwithstanding the forgoing, SOFCAR shall have the right to determine the ownership of Client Content and/or a Client Website as it chooses, including by ignoring the indications set forth above, in event SOFCAR deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by SOFCAR.
RESTRICTED USES AND CLIENT CONTENT
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
1. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by SOFCAR Services for you, to your Client Platform (“Client Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Client Content, as necessary to legally access to, import, copy, use, publish, transfer or license such Client Content, by you and us or any of our affiliates;
2. you have (and will maintain) the full power, title, licenses, consents and authority to allow SOFCAR Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your Client Content.
3. the Client Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your user platform’s visitors and users reside, or for SOFCAR and/or your end users to access, import, copy, upload, use or possess in connection with the SOFCAR Services;
4. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Client Content, and you will adhere to all laws applicable thereto.
You undertake and agree to:
1. fully comply with all applicable laws and any other service terms which govern your use of the SOFCAR Services (and any related interaction or transaction), including those specific laws applicable to you or your end users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of the SOFCAR Services which occur under your Client Account and/or Client Platform(s), and for any of your Client Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such Client Content on or with respect to the SOFCAR Services);
3. regularly and independently save and backup any of your Client Content and the information that is being processed by you regarding your Client Platform, including with respect to end users, user products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from SOFCAR or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow SOFCAR to use in perpetuity, worldwide and free of charge, any version of your Client Platform (or any part thereof) for any of SOFCAR’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against SOFCAR or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Client Platform with respect to such limited permitted uses;
6. SOFCAR’s sole discretion as to the means, manner, and method for performing the SOFCAR Services, including those regarding the hosting, transmission, publication and/or display of any Client Platforms and/or content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. SOFCAR shall have the right to offer the SOFCAR Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the SOFCAR Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, number of subscribers to your content, etc.
You agree and undertake not to:
1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the SOFCAR Website, the SOFCAR Services (or any part thereof), any content offered by SOFCAR or Third Party Services for use and display within Client Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without SOFCAR’s prior written and specific consent and/or as expressly permitted under the SOFCAR Terms;
2. submit, transmit or display any Client Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of SOFCAR or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
5. upload, insert, collect or otherwise make available within the SOFCAR Website or the SOFCAR Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
6. publish and/or make any use of the SOFCAR Services or Licensed Content on any website, media, network or system other than those provided by SOFCAR, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the SOFCAR Services, Licensed Content and/or Client Platform (or any part thereof), except as expressly permitted by SOFCAR, in advance and in writing;
7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the SOFCAR Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the SOFCAR Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the SOFCAR Services;
8. act in a manner which might be perceived as damaging to SOFCAR’s reputation and goodwill or which may bring SOFCAR into disrepute or harm;
9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use SOFCAR or SOFCAR Marks and/or variations and misspellings thereof;
10. impersonate any person or entity or provide false information on the SOFCAR Services and/or Client’s Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to SOFCAR and/or any End Users;
11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that SOFCAR or any third party endorses you, your Client Platform, your business, your Client Products, or any statement you make;
12. reverse look-up, trace, or seek to trace another Client of SOFCAR Services, or otherwise interfere with or violate any other Client’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the SOFCAR Services and/or Clients’ Platform without their express and informed consent;
13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the SOFCAR Services, Client Platform, the account of another Client(s), or any other systems or networks connected to the SOFCAR Services, by hacking, password mining, or other illegitimate or prohibited means;
14. probe, scan, or test the vulnerability of the SOFCAR Services or any network connected to the SOFCAR Services;
15. upload to the SOFCAR Services and/or Client Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SOFCAR Services or SOFCAR’s systems or networks connected to the SOFCAR Services, or otherwise interfere with or disrupt the operation of any of the SOFCAR Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
17. use any of the SOFCAR Services and/or Client Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
18. access to SOFCAR Services, Client Accounts, Licensed Content and/or Clients Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or SOFCAR Services, except as expressly permitted by the SOFCAR Terms;
20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the SOFCAR Services and/or Licensed Content; or
21. violate, attempt to violate, or otherwise fail to comply with any of the SOFCAR Terms or any laws or requirements applicable to your use of the SOFCAR Services.
22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Client Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
BUSINESS ACTIVITY OF THE CLIENT
The SOFCAR Services also include certain features which enable the you to sell and / or rent goods and services through your Client Platform (“Client Products”, and collectively – “E-Commerce”).
You are solely responsible for your Client Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your Client Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your Client Products. When someone purchases your Client Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
2. Any Taxes indicated by the E-Commerce features provided to you by SOFCAR are solely provided for illustration purposes only, and may not be relied on in any way;
3. You shall be responsible for and bear all costs of procuring and delivering your Client Products, and for providing them in a safe and professional manner, consistent with industry standards;
4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the Client Products, and shall provide true contact information on your Client Platform for any questions, complaints or claims; and
5. You may not offer or sell any Client Products, or provide any information, Content or material regarding Client Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
6. SOFCAR may, at any time and at its sole discretion, suspend, disable access to or remove your Client Platform and/or any Client Products – whether or not incorporated, published with or made a part of your Client Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
The SOFCAR software is intended for professionals who, under their own responsibility, interpret the calculations and results provided by SOFCAR, which is why SOFCAR is not responsible for any damages allegedly caused by the use or lack of use of the software, including work interruptions, data loss, economic loss or anticipated loss of profits as a result of its use.
SOFCAR is not responsible for damages related to the use or impossibility of using the application, including the loss of data that may occur due to the use of the software, which is the responsibility of the Client.
In cases where the Client has access to a software commercialized by SOFCAR that allows the synchronization of the information stored and processed by the two applications, SOFCAR is not responsible for the consequences that the possible errors or incidences of synchronization of the data can produce.
Any liability that may arise, whether for its non-compliance or for its defective performance or for any negligent performance of SOFCAR or its subcontractors, shall be limited to direct and proven damages, which are actually a consequence of such breach, defective performance or negligent performance, and shall be strictly limited to 100% of the total price of the Services and Hardware and / or Software.
Consequently, SOFCAR will not be liable to the Client for lost profits or emerging damages, nor for any indirect damages. In no event will SOFCAR, the managers and senior managers, shareholders, agents or employees dependent on it, incur any liability for any direct or indirect cause related to the use made by the Client of the SOFCAR Service.
SOFCAR will not be responsible for delays in the execution of the obligations arising from interruption of the service, when delays happen for reasons beyond SOFCAR control and can not be attributed to SOFCAR.
SOFCAR shall not be liable for any defects or delays that may be attributable to it and have their origin or cause in circumstances of force majeure that directly affect SOFCAR or affect its suppliers or manufacturers and for which it is avoided, impeded or harmed in any way the correct provision of the Services. Such causes, circumstances or contingencies shall include, but are not limited to, acts of government, administrative decrees or restrictions, accidents, wars, conflicts or disturbances of public order, fires, storms, floods, natural disasters, sabotage, closures or labor problems, restrictions affecting transportation, non-delivery or delay of carriers and, in general, any circumstances that directly or indirectly affect the normal development of business relations.
In no case will the liability of SOFCAR be extended to damages and losses that are caused by these reasons.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. SOFCAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFCAR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SOFCAR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT SOFCAR SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SOFCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SOFCAR’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
The parties will maintain the strictest confidentiality regarding all the information communicated by the other party on the occasion of the provision of the Services, undertaking to use such information exclusively for this purpose.
Likewise, any other information that is delivered by one party to the other party and for which it expressly expresses a confidential nature, will be treated confidentially.
Furthermore, both the results of the development of the Services and the documentation provided by both parties will be considered as confidential.
SOFCAR may disclose the information listed in the preceding paragraphs to:
– other entities with which it subcontracts the Services in accordance with the provisions of this service relation, as well as its insurance companies or legal advisers while informing them of the confidential nature of the information and the restrictions inherent in it;
– in the event that any law or professional regulations so require.
Upon termination of the provision of the Services, or when applicable, the validity of this service relation, the parties will return any data, information and documentation that they have of the other Party due to their service relationship, provided there is no legal obligation of maintenance and conservation of the same.
The parties are committed to protecting from any unauthorised disclosure or use of the information from the other party. The parties undertake to apply the same diligence in the protection of the information of the other party that would apply in the protection of their own information.
Said obligation shall remain in force until the termination of the service relation.
Without prejudice to the required obligations of the national regulations and/or those assumed by the Parties of the confidential information, the confidentiality obligations set forth in this service relation shall not apply to the information when the Parties can prove:
– that it was public domain information at the time of disclosure;
– which, after being disclosed, is published or otherwise becomes public domain without any breach of the obligation of confidentiality by the party receiving such information;
– that at the time of its disclosure, the party receiving the information was already in possession of it by licit means or was legally entitled to access it;
– that it was independently developed by the receiving party without using the confidential information of the other party;
– having prior written consent of the other party to disclose the information;
– that the information has been requested by the competent administrative or judicial authorities to decide on the total or partial aspects thereof, in which case the party having to submit the information shall notify the other party in sufficient time, so that the party may initiate the pertinent legal actions in order to appeal said request or waive the requirement that the provisions of this service relation shall be complied with. In the event that the aforementioned appeal fails or that the compliance is waived, the requested party shall only provide such information as may be required.
RELATIONSHIP BETWEEN THE PARTIES
This service relation is in the nature of an agreement for the provision of services and, therefore, does not assume or imply any type of association, business relationship, agency, employment or dependency relationship between the Client and SOFCAR.
The parties are, therefore, independent contractors and none of them will act in a way that could be interpreted that any other relationship exists between the parties.
INTEGRITY OF THE AGREEMENT
This Service Terms and Conditions is the entire agreement between the parties in relation to the Services. The Service Terms and Conditions replaces and voids any proposal, correspondence, declaration of intent or other prior communication, whether in writing or verbal.
SOFCAR is the owner of the www.sofcar.com domains, of the fleet management software called SOFCAR, and of the other computer applications, plugins and web pages published and hosted under those domains and its distinctive elements, designs, developments, graphics, tools, features, user guides and documentation.
In accordance with the requirements under the Information Society Services and Electronic Commerce legislation, users are informed of the entity’s contact information:
The Client acknowledges and accepts that all intellectual property rights created by or licensed to SOFCAR and its subsequent modifications are owned by or licensed to SOFCAR. Regarding intellectual property rights owned or licensed by SOFCAR, subject to the payment of the fees derived under the service relation, the Client will have a non-exclusive and non-transferable license to use said rights in accordance with the provisions of the Service Terms.
The web application design, development, software, technical documentation, user guides and other content on the same site are property of SOFCAR or third parties, if any, that have authorized SOFCAR inclusion and use on the website. Also, the content of the website including, but not limited to, non-exclusive, text, photographs, graphics, images, icons, software, links and other audiovisual content, as its graphic design and source codes are copyrighted SOFCAR, or third parties who have given their use to SOFCAR. Such content is protected by national laws and international treaties relating to intellectual property rights that apply. All rights of intellectual property on this website are legally reserved and access to, or use by the Client, not be regarded in any way as conferring any license or right under any asset ownership or ownership of SOFCAR, or others. The total or partial reproduction of the Content by any means, trademarks, trade names and logos of any kind, including on the website, and the sale, transfer, lease, distribution, public communication, transformation or any other use want to give to them, without prior permission from the rightful owner is strictly prohibited and will be prosecuted civil and, where appropriate, criminally, in accordance with national laws and applicable international treaties.
The Service Terms of the web application does not give the Client any other right to use, modify, reproduction, distribution or public communication of the application and / or tools, functionality, and other associated services expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for that purpose by the entity or the third party owner of the rights.