This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, www.successful-soft.com (“Website”). It was last posted on 19 March 2021. The terms, “we” and “our” as used in this Agreement refer to Successful Software.

We reserve the right to modify thes Terms of Use at any time. You should review this page frequently. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we chose is at our sole discretion. We will also change the “Last Updated” date at the beginning of these Terms of Use. Any changes we make to our Terms of Use are effective as of this Last Updated date and replace any prior posts.

We refer to this Agreement, our Privacy Policy accessible at https://www.successful-soft.com/about-us/176-privacy-policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License

Successful Software grants you a non-exclusive, non-transferable, revocable license to access and use our Website and ourrelated services through our Website (for example the Successful Marine Cloud and Successful Marine Smart App, etc) in order for you to perform the tasks you are required to perform professionally, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Successful Software. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Successful Software aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Successful Software, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Successful Software. Successful Software prohibits use of any logo of Successful Software or any of its affiliates as part of a link to or from any Website unless Successful Software approves such link in advance and in writing. Fair use of Successful Software’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

End User License Agreement (EULA)

If you are a Customer of Successful Software’s services, your service is accompanied with an “End User License Agreement (EULA)”. This EULA describes under which terms and conditions you are eligible of using this service from Successful Software. The terms and conditions of this EULA are also part of the Terms and Conditions of our Website. In order to use this service, you have first to accept fully and without any reservation the terms and conditions described in the EULA of your service. If you do not agree with the EULA of your service, you may choose not use the service. You can find the EULA of your service in the file located at https://www.successful-soft.com/about-us/188-end-user-license-agreement-eula.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Successful Software. Such links are provided for your reference only. Successful Software does not monitor or control outside Websites and is not responsible for their content. Successful Software’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Successful Software’ inclusion of the links imply that Successful Software is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as Successful Software determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Successful Software does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
Refunds

We issue refunds for Contracts within 15 business days of the original purchase of the Contract, if a refund clause is specifically mentioned on your contract.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY Successful Software ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Successful Software SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY SERVICES YOU PURCHASE THROUGH IT. Successful Software SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Successful Software OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Successful Software’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Successful Software FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, Successful Software DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, WE AND OUR RESPECTIVE AFFILIATES MAKE GUARANTEES ABOUT ANY SERVICES OFFERED THROUGH OUR WEBSITE.

Successful Software MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold Successful Software harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Services you purchase through it.