Terms of Use

Last updated: 10.02.2023

Dear User, You are on the website https://www.softermii.com/ (hereinafter – the “Website”), which is owned and operated by Softermii Inc., a California corporation, with its principal office at 10828 Fruitland Dr Studio City, CA 91604 (hereinafter – “Softermii”, “We”, “Us”, “Our”). These Terms of Use should govern relationships between Users and Softermii.

Please read these Terms of Use carefully before using the Website. If You do not agree with any part of these Terms of Use, please stop using the Website immediately.

SUBJECT MATTER
1. Softermii defines the terms and conditions of these Terms of Use at its own discretion, and these Terms of Use itself can be concluded only by the acceptance of the other party (hereinafter – «User», “You”, “Your”) to the as a whole when the latter uses the Website. The User may not propose its own terms and conditions of these Terms of Use.
2. These Terms of Use regulate the use of the Website, access to its functionality, as well as the services provided by Softermii on this Website, which may include (hereinafter – “Services”):
  1. Website as a whole;
  2. introduction to the services which Softermii provides;
  3. Softermii’s insights;
  4. main areas of activity;
  5. case study;
  6. section about Softermii, achievements, other information;
  7. team information;
  8. feedback and contact us functionality;
  9. other content that is/can be added to the Website by Softermii in its sole discretion.
3. The User may use the Website for any other services available on it, but in any case, the User shall not use the Website for any illegal purposes, and may not violate any laws of its jurisdiction or laws of the state of California or federal U.S. laws. We make no representations that this Website will be available in locations outside the United States, if the User does so, the User is solely responsible for compliance with local laws.
4. These Terms of Use, Softermii Privacy Policy, and Softermii Cookie Policy constitute the entire agreement (the «Agreement») between You and Softermii regarding the subject matter of this Agreement. These Terms of Use must be read and interpreted in conjunction with the Policy. You may not use the Website without first reviewing the Terms of Use and the Policy. By agreeing to the Terms of Use, it is presumed that the User has read and agreed to the terms of the Policy.
5. 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 the Website. If You are a minor, You must have Your parent or guardian read and agree to these Terms of Use prior to You using the Website.
6. Each party of this Agreement may be referred to individually as “Party” or collectively as “Parties”.
ACCEPTANCE OF THE TERMS
1. This Agreement is considered to be concluded by acceptance of all its terms. Acceptance is provided by performing any conclusive actions aimed at obtaining the services provided by Softermii on the Website by the User, which may include:
  1. continuing to use and not leaving the Website after reading the Terms of Use;
  2. transition to any web pages, hyperlinks of the Website;
  3. using “Contact us” form or “Softermii live chat” widget;
  4. requesting demonstration version of the Services;
  5. indicating User’s email for a feedback;
  6. any other interaction with the Website.
INFORMATION AVAILABLE ON THE WEBSITE
1. The Website may contain the following information:
  1. general information about Softermii;
  2. types of services provided by Softermii;
  3. fields of expertise rendered by Softermii;
  4. description of the dedicated team;
  5. information about Softermii’s projects, testimonials, achievements, certifications
  6. feedback procedure;
  7. Softermii’s blog;
  8. hyperlinks to third-party services;
  9. any other information that Softermii may choose to post on the Website.
CHANGES TO THE WEBSITE AND THE TERMS OF USE
1. Softermii reserves the right, temporarily or permanently, to modify, suspend or discontinue the Website (or any part thereof or related content) without notice, in its sole discretion, at any time and for any reason.
2. From time to time, Softermii may, in its sole discretion, for any reason and without any liability to Users or any other person, modify, supplement or amend these Terms of Use and require User to agree to additional terms and conditions (hereinafter – the «Revised Terms») in order to continue to use the Website.
3. We may restrict access to the Website from time to time due to maintenance and updates at Our sole discretion.
4. Access to certain parts of the Website may be restricted by Softermii in its sole discretion.
5. In case of change of the terms, in order to access certain sections of the Website, use certain functions, web pages, the User must accept the Revised Terms.
6. The User agrees that he is responsible for tracking changes on Our Website. We do our best to publish any new information about changes in the Terms of Use of the Website, but the User must independently check the Terms of Use for updates when accessing the Website. In any case, the User is obliged to comply with changes to this Agreement from the moment they are made and published.
7. We are not liable to the User or any third party for any modification, suspension or termination of the Website or its content.
8. We are not liable for interruptions in access to the Website caused by failures in the operation of servers, routers, networks, etc. of third-party data centers or Internet service providers (Providers) of the User or a specific Provider selected by the User, or connection problems caused by them.
9. We reserve the right, but not the obligation, to:
  1. monitor the Website for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
SUSPENSION OF ACCESS TO THE WEBSITE
1. Softermii has the right at any time, at its sole discretion, to suspend the User's access to the Website at its own initiative, without penalty or liability to the User or any third party, as well as in case of violation of the Terms of Use by the User or any other actions that may lead to violation of the Terms of Use.
2. If User violates these Terms of Use, this action is in addition to, and not in substitution for, any other right or remedy that may be available to Us. The following provisions shall continue in effect after the suspension of these Terms of Use for any reason: Intellectual Property, Confidential Information, Non-Solicitation, Limitation of Liability, Applicable Law and Dispute Resolution.
3. These Terms of Use shall remain in full force and effect while You use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (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 OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
INTELLECTUAL PROPERTY
1. Any literary and artistic works (in particular, but not exclusively, on the "Blog" web page), computer programs (in particular, but not exclusively, the Website code), databases, other works, other functions, functionality (including, but not limited to, all information, text, images, video, audio, as well as their design, selection and arrangement), materials, processes, procedures, methods, techniques, trademarks and any other content, as well as any objects under applicable law (hereinafter – «Intellectual Property») are owned by Softermii or licensed to Us. All rights are reserved.
2. Any unauthorized, unlawful use of the Website or its content in violation of the Terms of Use, copying of works, including but not limited to the Website code, Website design, articles, video content is prohibited. Use of videos and articles posted on the Website or third-party websites is permitted only with a link to the Softermii website or third-party website that lawfully uses such Softermii materials.
3. The User acknowledges, understands and agrees that Softermii retains all rights to the Intellectual Property, except for the personal data subject to the Policy.
4. Unauthorized use of any trademarks, including reproduction, imitation, misleading use, is prohibited.
5. Any unfair use of the Website content and not for the purposes consistent with the law is prohibited and will be treated as an intentional violation of this Terms of Use which leads to responsibility.
6. If the User violates the requirements of this section, he may be immediately denied access to the Website and will be liable in accordance with the law.
7. The User is not granted any right to use Softermii's Intellectual Property except as specifically provided elsewhere in the Terms of Use and in separate agreements with Softermii. If User wishes to use any material for any purpose other than as stipulated in these Terms of Use, such use may only be made with Softermii's permission upon User's request to [email protected] or through the “Contact us” form.
PRIVACY AND COOKIE POLICY
1. Softermii does not collect personal data of Users, except as specifically stated in the Privacy Policy. Softermii reserves the right to make changes to the Privacy Policy, so You can find the current version here.
2. Softermii and our service providers use various technologies to collect information when you interact with Softermii, including cookies and other similar technologies which enables Us to collect information about your device identifiers, IP address, web browsers used to visit the Website, pages or features viewed, access Website times, and links clicked. Where required, you will be asked for consent to our use of cookies. To view more information on what cookies We use and how We use them, please review the Cooky Policy.
CONFIDENTIAL INFORMATION
1. Some information included on the Website is considered confidential.
2. The term «Softermii Confidential Information» also refers to all information that should reasonably be treated as confidential, including, but not limited to, third party contact information, information about Softermii's representatives, employees, information about security procedures and systems used by Softermii, information about Softermii's counterparties, business plans, patents, technologies, customers list and other information which should be reasonably interpreted confidential or will be marked as such.
3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (hereinafter – “Submissions”) provided by You to Us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You.
4. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
NON-SOLICITATION
1. Considering the significant resources invested by Softermii to find and retain employee/partner/professional/subcontractor/clients, as well as the Confidential Information value, Users agree that they shall not, directly or indirectly, either alone or in concert with others (whether as an employee, agent, consultant, joint venturer, partner, lender, investor, owner, shareholder, director, or officer) without the consent of Softermii:
  1. solicit or entice any employee/contractor/partner/subcontractor/clients of Softermii to leave Softermii.
2. Users are forbidden to use any information about Softermii’s employees, contractors, partners etc. with the purposes other than acquaintance with the services of Softermii and prospective cooperation with Softermii.
THIRD PARTY SERVICES
1. Softermii may include links to third party websites on the Website.
2. Such links are provided for the convenience of the User. Softermii is not responsible for the content of third party websites, collection of information about users, other actions of third parties. Before using third party services, the User should read the terms of use of third party websites and services, as well as their privacy policy.
LIMITATION OF LIABILITY
1. Softermii strives to make the use of the Website convenient. Nevertheless, Softermii is not liable for any unlawful use of the Website by Users. The information posted on the Website on an «as is» basis may contain technical or typographical inaccuracies or mistakes, therefore Softermii does not guarantee the accuracy of the posted data, makes no representations or guarantees with regarding such information, and Users should not make any business decisions based on the information posted on the Website.
2. Use of any part of the Website is at Your own risk. We cannot and do not accept any liability for any activity that the User may carry out using the Website.
3. The Website may not be available in all languages or in all countries and We make no representation that the functionality of the Website will be appropriate, accurate or available for use in any particular location. Any information posted on the Website is current only as of the date of its publication and may not be correct at the time of further use of the Website.
4. THE SERVICES MAY NOT BE UNINTERRUPTED OR SECURE. THE USER UNDERSTANDS THAT THE RISKS TO SECURITY, PRIVACY AND CONFIDENTIALITY CANNOT BE COMPLETELY REMOVED. THEREFORE, THE USER GUARANTEES NOT TO FILE CLAIMS IN CONNECTION WITH CIRCUMSTANCES BEYOND SOFTERMII'S CONTROL.
5. SOFTERMII IS NOT LIABLE FOR VERIFYING THE IDENTITY OF USERS.
6. SOFTERMII IS NOT LIABLE FOR ANY USER INFORMATION UPLOADED TO THE WEBSITE (IN THE CONTACT FORM, OTHER METHODS). SOFTERMII ALSO DOES NOT GUARANTEE THE ACCURACY, APPLICABILITY OR RESPONSE OF SOFTERMII TO THE USER'S REQUESTS.
7. SOFTERMII IS NOT LIABLE FOR THE USE OF THIRD PARTY SERVICES.
8. ALSO SOFTERMII DOES NOT GUARANTEE THAT:
  1. THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED HARDWARE AND SOFTWARE;
  2. THE SERVICES WILL BE AVAILABLE OR FUNCTION WITHOUT INTERRUPTION, OR WILL BE ERROR-FREE, OR ANY ERRORS WILL BE CORRECTED;
  3. INFORMATION AVAILABLE ON OR THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CONSISTENT OR TIMELY;
  4. THE INFORMATION ON THE WEBSITE WILL NOT VIOLATE THE RIGHTS OF THIRD PARTIES;
  5. ANY USER INFORMATION (FOR EXAMPLE, EMAIL INFORMATION AND REQUEST THROUGH CONTACT FORM) WILL BE STORED BY SOFTERMII.
9. The User agrees to use the Softermii Website with all reasonable security precautions. 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.
10. The User understands that any site may be subject to virus attacks, information distortion, and other cases beyond Softermii's control.
11. The User voluntarily waives any claims against Softermii, as well as the filing of claims regarding the use of the Website. The User will not claim any compensation for any damages in relation to the use of the Website.
PROHIBITED ACTIVITIES
1. You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2. As a user of the Website, You agree not to:
  1. systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Website, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
  4. engage in unauthorized framing of or linking to the Website.
  5. engage in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools.
  6. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  7. use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
  8. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
  9. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
  10. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to You.
  11. delete the copyright or other proprietary rights notice from any Content.
  12. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  13. 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 the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
  14. 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”).
  15. 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 the Website, or using or launching any unauthorized script or other software.
  16. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
  17. use the Website in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
1. The Website may invite You to contribute to, or participate in blogs and other functionality, and may provide You with the opportunity to create, submit, display, transmit, or distribute content and materials to us, including but not limited to text, writings, suggestions, or personal information or other material (hereinafter – “Contributions”).
2. Contributions may be viewable through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:
  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use Your Contributions in any manner contemplated by the Website and these Terms of Use;
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Website and these Terms of Use;
  4. Your Contributions are not false, inaccurate, or misleading;
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us);
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
  9. Your Contributions do not violate any applicable law, regulation, or rule;
  10. Your Contributions do not violate the privacy or publicity rights of any third party;
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
  12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
3. Any use of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of Your rights to use the Website.
CONTRIBUTION LICENSE
1. By posting Your Contributions to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You waive all moral rights in Your Contributions, and You warrant that moral rights have not otherwise been asserted in Your Contributions.
3. We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Website.
4. You are solely responsible for Your Contributions to the Website` and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.
APPLICABLE LAW AND DISPUTE RESOLUTION
1. This Agreement will be governed by and construed in accordance with the laws of the State of California. The language of this Agreement shall be deemed to be the result of negotiation among the Parties and their respective counsel and shall not be construed strictly for or against any Party.
2. Any disputes shall be resolved through negotiations by prior contact of the Users to the feedback service by email [email protected] within 60 (sixty) calendar days after one of the Parties has notified another on the matter of the dispute(s) and initiated negotiations.
3. If such disputes cannot be resolved through negotiations, all disputes arising out of or in connection with this Terms of Use, including any disputes regarding its existence, validity or termination, shall be resolved solely in courts of the State of California.
4. If any provision of these Terms of Use is found by a court or other tribunal of competent jurisdiction to be unenforceable, then such provision shall be modified, limited only to the minimum extent necessary so that these Terms of Use remain in full force and effect.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
1. Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
OTHER PROVISIONS
1. The titles and section headers used in this Agreement are just for convenience and have no bearing on how any of its provisions are written.
2. Each party affirms that it has the power and authority to engage into this Agreement.
3. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
  1. use of the Website;
  2. breach of these Terms of Use;
  3. any breach of Your representations and warranties set forth in these Terms of Use;
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
4. Notwithstanding the foregoing, we reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at Your expense, with our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
5. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
6. There is no joint venture, partnership, employment or agency relationship created between You and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
7. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
FEEDBACK
1. In case of any questions when using the Website or on other issues, Users may contact Softermii according to the procedure established on the «Contact us» web page, via or by mail [email protected].
2. By filling out the application contact form or sending a message to [email protected], You confirm that You are at least 18 years old and have the legal capability and authority to cooperate with Softermii.