Insoft Innovation Website Terms of Use. An independent consulting and engineering company.

Your relationship with Insoft Innovation

Your use of Insoft Innovation’s web site (referred to collectively as the “Service” in this document and excluding any services provided to you by Insoft Innovation under a separate written agreement) is subject to the terms of a legal agreement between you and Insoft Innovation. “Insoft Innovation” means S.C Insoft Innovation S.R.L., whose principal place of business is in Deva, Romania. This document explains how the agreement is made up, and sets out some of the terms of this agreement.

Unless otherwise agreed in writing with Insoft Innovation, your agreement with Insoft Innovation will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

Your agreement with Insoft Innovation will also include the terms of any Legal Notices applicable to the Service, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Insoft Innovation in relation to your use of the Service. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Insoft Innovation in the user interface for any Service; or

(B) by actually using the Service. In this case, you understand and agree that Insoft Innovation will treat your use of the Service as acceptance of the Terms from that point onwards.

You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Insoft Innovation, or (b) you are a person barred from receiving the Service under the laws of the Romania or other countries including the country in which you are resident or from which you use the Service.

Before you continue, you should print off or save a local copy of the Universal Terms for your records.

Language of the Terms

Where Insoft Innovation has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Insoft Innovation.

If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Provision of the Service by Insoft Innovation

Insoft Innovation is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Insoft Innovation provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that Insoft Innovation may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Insoft Innovation’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Insoft Innovation when you stop using the Service.

Use of the Service by you

In order to access the Service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to Insoft Innovation will always be accurate, correct and up to date.

You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Romania or other relevant countries).

You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Insoft Innovation, unless you have been specifically allowed to do so in a separate agreement with Insoft Innovation. You specifically agree not to access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.

You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

Unless you have been specifically permitted to do so in a separate agreement with Insoft Innovation, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

You agree that you are solely responsible for (and that Insoft Innovation has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Insoft Innovation may suffer) of any such breach.

Privacy and your personal information

For information about Insoft Innovation’s data protection practices, please read Insoft Innovation’s privacy policy at http://www.InsoftInnovation.com/privacy-policy.html. This policy explains how Insoft Innovation treats your personal information, and protects your privacy, when you use the Service.

You agree to the use of your data in accordance with Insoft Innovation’s privacy policies.

Content in the Service

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Insoft Innovation (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Insoft Innovation or by the owners of that Content, in a separate agreement.

Proprietary rights

You acknowledge and agree that Insoft Innovation (or Insoft Innovation’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by Insoft Innovation and that you shall not disclose such information without Insoft Innovation’s prior written consent.

Unless you have agreed otherwise in writing with Insoft Innovation, nothing in the Terms gives you a right to use any of Insoft Innovation’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

If you have been given an explicit right to use any of these brand features in a separate written agreement with Insoft Innovation, then you agree that your use of such features shall be in compliance with that agreement.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.

Unless you have been expressly authorized to do so in writing by Insoft Innovation, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT INSOFT INNOVATION'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE.”

IN PARTICULAR, INSOFT INNOVATION DOES NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSOFT INNOVATION OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

INSOFT INNOVATION FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSOFT INNOVATION SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH INSOFT INNOVATION MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);

(II) YOUR FAILURE TO PROVIDE INSOFT INNOVATION WITH ACCURATE ACCOUNT INFORMATION;

THE LIMITATIONS ON INSOFT INNOVATION’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT INSOFT INNOVATION HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Changes to the Terms

Insoft Innovation may make changes to the Universal Terms or Additional Terms from time to time.

You understand and agree that if you use the Service after the date on which the Universal Terms or Additional Terms have changed, Insoft Innovation will treat your use as acceptance of the updated Universal Terms or Additional Terms.

General legal terms

The Terms constitute the whole legal agreement between you and Insoft Innovation and govern your use of the Service (but excluding any services which Insoft Innovation may provide to you under a separate written agreement), and completely replace any prior agreements between you and Insoft Innovation in relation to the Service.

You agree that Insoft Innovation may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

You agree that if Insoft Innovation does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Insoft Innovation has the benefit of under any applicable law), this will not be taken to be a formal waiver of Insoft Innovation’s rights and that those rights or remedies will still be available to Insoft Innovation.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Insoft Innovation under the Terms, shall be governed by the laws of Romania without regard to its conflict of laws provisions.