ORPtech Software Ltd. Terms and Conditions

Revised: 26 July 2024
Version: 1.1

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT ("YOU", "YOUR") AND THE APPLICABLE ORPTECH SOFTWARE LTD ENTITIES (“WE,” “US” or “OUR”) GOVERNING YOUR USE OF ORPTECH'S WEBSITE, PRODUCTS AND SERVICES.

Parts of this agreement

This Agreement includes the following terms and conditions ("General Terms") and any terms and conditions specific to individual Services ("Service Specific Terms"). If there is a conflict between the General Terms and the Service Specific Terms, the Service Specific Terms will take precedence.

Agreement to terms

You agree that by accessing our website products or services that, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website, products or services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Revised” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website, products or services after the date such revised Terms and Conditions are posted.

The information provided on the website, products or services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access our website, products or services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our website, products or services. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using our website, products or services.

User representations

By using our website, products or services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms and Conditions.
• You are not under the age of 13.
• You are not a minor in the jurisdiction in which you reside or received parental permission to use our website, products or services.
• You will not access our website, products or services through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use our website, products or services for any illegal or unauthorized purpose.
• Your use of our website, products or services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account, products or services and refuse any and all current or future use of the our website, products or service (or any portion thereof).

You may be required to register with our website, products or services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited activities

You may not access or use our website, products or services for any purpose other than that for which we make our website, products or services available. Our website, products or services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of our website, products or services, you agree not to:

• Systematically retrieve data or other content from our website, products or services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of our website, products or services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretences.
• Circumvent, disable, or otherwise interfere with security-related features of our website, products or services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website, products or services and/or the content contained therein.
• Engage in unauthorized framing of or linking to our website, products or services.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on our website, products or services or the networks or services connected to our website, products or services.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from our website, products or services in order to harass, abuse, or harm another person.
• Use our website, products or services as part of any effort to compete with us or otherwise use our website, products or services and/or the content for any revenue-generating endeavour or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our website, products or services.
• Attempt to bypass any measures of our website, products or services designed to prevent or restrict access to our website, products or services, or any portion of our website, products or services.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Delete the copyright or other proprietary rights notice from any content.
• Copy or adapt software of our website, products or services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our website, products or services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our website, products or services.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our website, products or services, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or our website, products or services.
• Use our website, products or services in a manner inconsistent with any applicable laws or regulations.
• Transfer the products or services or otherwise make it available to any third-party.
• Provide any products or services based on our products or services without prior written permission.
• Share accounts, user licenses or attempt/perform similar activities.
• Host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity.

Your data

We will maintain certain data that you transmit to our website, products or services for the purpose of managing our website, products or services, as well as data relating to your use of the our website, products or services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our website, products or services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Data ownership

We respect your ownership rights for any data you create or store. You retain ownership of all data you create or store. Unless you give explicit permission, using our products or services does not grant us the license to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or similar purposes. However, you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content in your user account solely to provide the products and services to you.

Privacy policy

We care about data privacy and security. Please review our Privacy Policy which can be accessed via the link at the footer of our website. By using our website, products or services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

Refund policy

We do not offer refunds under any circumstances, especially for deposit payments. Additionally, we do not cancel any invoices we issued.

Terms and termination

These Terms and Conditions shall remain in full force and effect while you use our website, products or services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE, LIABILITY AND/OR REFUNDING ANY PREVIOUS PAYMENTS, DENY ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITE, PRODUCTS OR SERVICES OR DELETE ANY DATA OR INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Indemnification

You agree to indemnify and hold harmless ORPtech, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, vendors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used our website, products or services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of our website, products or services.

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of our website, products and services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website, products or services. We also reserve the right to modify or discontinue all or part of our website, products or services without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our website, products or services.

We cannot guarantee our website, products or services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our website, products or services, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our website, products or services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our website, products or services during any downtime or discontinuance of our website, products or services.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support our website, products or services or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

OUR WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE, OUR SERVICES AND PRODUCTS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE, PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THEIR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE, PRODUCTS AND SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER.
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, PRODUCTS OR SERVICES.
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, PRODUCTS OR SERVICES BY ANY THIRD PARTY AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, PRODUCTS OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITE, PRODUCTS AND SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE, PRODUCTS OR SERVICES.

Contacting us

In order to resolve a complaint regarding our website, products or services or to receive further information regarding the use of our website, products or services, please contact us at: [email protected].