These Terms of Service ("Terms") govern the relationship between you ("Enduser(s)") and Softaculous Ltd. Each Enduser is subject to these Terms, and by using Softaculous' services, network and/or systems (collectively the "Services"), Enduser agrees to be bound by the usage policies and other policies contained in these Terms. These Terms supplement the individual service agreement of each Enduser, if any.
Enduser represents and warrants that, if an individual, Enduser is at least 18 years old, or, if an entity, Enduser is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing where required to do business with all legal authority and power to accept these Terms. Enduser agrees to provide complete, accurate and current information to Softaculous in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Endusers of paid services offered through Softaculous must be at least 18 years of age, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minors use of the Services. Subscribing parents and legal guardians assume full responsibility and liability associated with a minor's use of any of the Services.
Softaculous reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Endusers may view the most current version of these Terms at http://www.softaculous.com. Enduser's use of the Services after changes, modifications, additions or deletions to these Terms are posted on the Softaculous website will constitute Enduser's acceptance of any such changes, additions, modifications or deletions. If you do not agree to any such alterations to these Terms, your sole and exclusive remedy is to cancel your account as set forth in section labeled "CANCELLATION OF SERVICES, REFUND POLICY" below.
Notwithstanding Softaculous's right to alter these Terms without prior notice, Softaculous may typically make, within its sole discretion and as a courtesy to all affected Endusers, reasonable efforts to provide Endusers with 7 days advanced notice of any alteration of these Terms that may materially and adversely impact a Enduser's use of the Services.
Term of Service. The term of Enduser's subscription to the Services commences upon Enduser's acceptance of these Terms and terminates as set forth in this agreement.
Payment. Enduser agrees to pay all fees for Services upon upgrading to premium version of Softaculous or upon renewal. Softaculous maybe made available for free by many partners in which case the enduser does not need to pay Softaculous for the use of Softaculous.
Authority. In the event Enduser is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Softaculous Services on behalf of Enduser certifies that he/she has the authority to bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Enduser's acceptance of all other Terms set forth herein.
Cancellations. The Enduser may cancel their account/license at any time from the Client Center.
Refunds. In case of a purchase, annual license can be refunded within One Month of purchase of the license by contacting Softaculous Billing team at firstname.lastname@example.org
One month license can be refunded within 15 days of purchase of the license by contacting Softaculous Billing team at email@example.com
Lifetime (also called an "owned" or "one-time" license) can be refunded within One Month of purchase of the license by contacting Softaculous Billing team at firstname.lastname@example.org
These Terms do not give Enduser any rights to Softaculous intellectual property or technology. Softaculous and related trademarks and logos are the exclusive property of Softaculous. Softaculous and Enduser agree that neither will, directly or indirectly, reverse engineer or decompile source code or trade secrets of the other party. Notwithstanding, nothing herein shall bar Softaculous from using any knowledge, information or skills that are generally known or that can be reasonably acquired.
Softaculous uses sophisticated means of security in connection with the Services. Softaculous will not be liable for any loss or damages of any kind, under any legal theory.
Monitoring and Disclosures. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Softaculous does not monitor its Endusers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Softaculous becomes aware of any violation of these Terms, Softaculous may take any action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Softaculous may take action against a Enduser or a Enduser of such Enduser because of the activities of such Enduser. Softaculous reserves the right to take any such action even though such action may affect other Endusers of the Enduser. Softaculous may disclose any information in its possession, including, without limitation, information about Endusers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Softaculous or others from harm, and/or to ensure the proper operation of the Services. Softaculous has no obligation to notify any person, including the Enduser about whom information is sought, that Softaculous has provided the information.
Reservation of Rights. Softaculous reserves the right to refuse and cancel service to any Enduser for any lawful reason at any time during Enduser's Term of Service.
Copyrights and Script Licensing. When a customer uses an application provided by Softaculous, the customer licenses it from the organization or company that developed the application, not from Softaculous. Any trademarks, code, and/or script specific data is directly owned by the respective copyright holders.
Script Library Support. Softaculous cannot guarantee that the latest version currently provided is the latest one being distributed by the vendor, however Softaculous will always try to offer the latest stable version of the script. Softaculous reserves the right to discontinue applications managed by Softaculous at any time. Applications available for upgrade through the vendor may not have upgrade candidates available through Softaculous. Softaculous may, at its discretion, choose not to offer a specific version for upgrade if the risk of data loss is unacceptably high, or for any other reason deemed valid by Softaculous. Upgrades to and from Beta/Release Candidate versions may not be available.
Post Process Support. Softaculous does not provide support for the application once the application has been successfully installed; Softaculous provides support only for the installation, upgrade, backup or clone process. Any support requests regarding actual use of the application must be directed to the organization or company that developed the application.
Data loss. Due to the automated nature of the Softaculous Services and the possibility of data corruption and loss due to internal and external influences, use of the Services is "at your own risk." The Enduser shall not hold Softaculous responsible for any loss of data that occurs from the use of the Services. It is the Enduser's responsibility to back up all data before use of the Services.
We are a software and IT services company. Please find our address below : 380/382, Shankar Seth Bldg., 2nd Floor, R. No. 25, J.S.S. Road, Chirabazar, Mumbai 400002 Maharashtra India.
Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. SOFTACULOUS HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY SOFTACULOUS OR SOFTACULOUS'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, Enduser SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. SOFTACULOUS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. SOFTACULOUS DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. SOFTACULOUS DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR SOFTACULOUS IN PARTICULAR.
Limitations on Softaculous's Liability. SOFTACULOUS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL SOFTACULOUS BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT SOFTACULOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOFTACULOUS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOFTACULOUS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL SOFTACULOUS LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO SOFTACULOUS FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR SOFTACULOUS MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, SOFTACULOUS'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Softaculous. You agree to defend, indemnify and hold Softaculous, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Softaculous's own negligence. Softaculous reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IF YOU DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.