Terms & conditions of use
1. ACCEPTANCE OF THE TERMS
These Terms and Conditions of Use (herein referred to as “Terms of Use”) apply to the use of our website (herein referred to as "Site") located at www.Stivasoft.com or Stivasoft.com and the scripts and software offered through. The Site is the property of StivaSoft ltd.
The terms and conditions below govern the relationship between StivaSoft ltd. (herein referred to as "Company") and you (herein referred to as "User" or “You”). By accessing and using any part of the Site, you agree to be bound and abide by the terms and conditions in this section. If you are not agree to all or part of the terms and conditions described below, please do not access or use the Site in any way.
With purchasing and downloading any software available through the Site you agree to be bound by the terms and conditions regulating the usage of the software which are available further down (see respectively Purchasing User Licence or Purchasing Developer Licence)
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The User agrees to regularly review these Terms of Use and be aware of the changes made. By continuing to use the Site after any posted revision, the User agrees to abide by it.
2. COPYRIGHT NOTICE
Stivasoft.com is a marketing platform and legally distributes web tools, PHP script, programs and/or software, property of StivaSoft. Stivasoft.com provides you with access to a variety of resources, such as software, tools, scripts, download areas, demos, product information, blog articles and comment areas, etc. herein referred to as "Services".
The entire content and materials published on the Site (including, but not limited to all included text, graphics, design, illustrations, images, associated media, printed materials, online documentation, code and/or software) and other matters related to and available on the Site are protected under domestic and international copyright and trademark laws and/or other proprietary (including but not limited to intellectual property) law.
No part of the Site may be modified, copied, publicly displayed, performed, reproduced, published, licensed, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website without a prior written consent from the Company.
The User can use the information posted at the Site for informational purpose only. The content and the services cannot be used in any other way without a prior written consent from the Company.
All Software offered is copyrighted; the use of the Software is governed by the terms described in section 5 of these Terms & Conditions.
3. USE OF THE SITE
You may not use any of the pages of the Site in any way that will allow you to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not use the Site in any manner that could damage, disable, overburden, or impair the Company's servers, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the Services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Company, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others, or use the Site in any way that may infringe, damage, endanger the Company reputation, or any other users experience from using the Site.
4. INTERACTIVE SERVICES
Through the Site you may have access to demo areas and pages, comment boards, web forums or other services that enable you to send or post materials online.
By using those areas, you agree that will not submit, publish, or display information that contains:
4.1. (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person or the Company; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
4.2. illegal submission or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
4.3. infringements or violations of any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4.4. commercial, business-related or advertising materials or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
4.5. a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; or
4.6. (a) antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
The Company cannot and does not assure that users are or will be complying with the foregoing terms or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. In no circumstances the Company could be responsible or such materials and disclame any liability for not compliance the foregoing terms.
The Company reserves the right to remove any materials posted on the Site by the Users under its own consideration and at any time and any reason.
Some of the pages (not only demo pages) of the site may include test events, test poll questions, surveys, etc. This is only to show the user how the software works and the user will not consider them as actual events, except in case the company is directly involved in (product announcements, surveys, upcoming events the Company will attend, etc.) The user is solely responsible for their action regarding such events. The Company will not be liable for any delusion or confusion arising from it.
5. USE OF THE SOFTWARE
IMPORTANT! When purchasing any software from us you agree to be bound by the terms in this section.
5.1. Purchasing Developer Licence
Note that some of the products on the Site are offered under Developer Licence. You are allowed to modify the Software to fit your own needs and the contractual relationship with the Licensee Customer; integrate the Software in other software products; remove proprietary notices and labels contained in the software, create derivative works solely for internal purposes and in accordance to the terms in this section. You may distribute the Software and its derivative works, solely as an integral part of Integrated Product(s) and only for Licensee Customer. Any other distribution except the provided in this section 5.1., whether it is commercial or non-commercial, is illegal and strictly prohibited.
For avoidance of doubt Integrated Product means software product(s) built by the licensed developer which incorporate the Software; Licensee Customer means a third-party who licenses Integrated Product from the licensed developer, solely for ordinary business use and not for further distribution or resale.
You agree and acknowledge that any alteration or modification of the Software (a) is made and used at your own risk, (b) are made in accordance with the limited purposes set forth in this section. We may choose at our sole discretion to void the technical support. Please note that modification of The Software may make it impossible to upgrade with any releases we offer in the future.
You shall not:
a. modify the script to be used as a hosted service for multiple customers. You will not assign, sublicense, transfer, pledge, lease, rent, or share your rights.
b. reproduce, distribute, sublicense, disclose, market, rent, lease, remote computing services, networking or transfer the Software in other way that is not permitted by these terms and conditions.
c. authorize any portion of the Software to be copied to another individual or entity
d. use the Software in violation of any applicable law, regulation or ordinance.
e. digitally transmit or make available the Software or its code or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet; use the Software in any way that violates this terms and conditions or any law; or authorize or assist any third party to do any of the things described in this section.
5.2. Purchasing User Licence
You may download and use the Software on a reasonable number of websites. You cannot modify the code, remove proprietary notices and labels contained in the software. You may not distribute the Software in any way.
You shall not:
a. modify the script to be used as a hosted service for multiple customers. You will not assign, sublicense, transfer, pledge, lease, rent, or share your rights.
b. reproduce, distribute, sublicense, disclose, market, rent, lease, remote computing services, networking or transfer the Software in other way that is not permitted by these terms and conditions.
c. reverse engineer, decompile, or disassemble the Software.
d. authorize any portion of the software to be copied to another individual or entity
e. remove any proprietary notices from the Software or modify the Software.
f. use the Software in violation of any applicable law, regulation or ordinance.
g. digitally transmit or make available the Software or its code or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a pubic network such as the Internet; use the Software in any way that violates this terms and conditions or any law; or authorize or assist any third party to do any of the things described in this section.
Some of the products are offered only under User Licence! You cannot purchase the Source Code!
5.3. Licence Fees
Both licences are contingent upon the payment of licence fees charged during the purchasing process. If your payment of licence fees is canceled or denied, this licence will terminate and you must immediately delete all copies of the Software. You are responsible for payment of any sales, value added, excise, or other taxes or duties that may be imposed upon or with respect to delivery, deployment, or use of the Software.
The Software is provided on “AS IS” basis. An additional fee will be due for any custom change that you may need notwithstanding of the paid licence fees if such custom changes or modification are stipulated to be done by the Company.
5.4. Warranty
The Company will undertake reasonable efforts to correct any reported error in accordance with any terms and conditions of the support, provided by us. We guarantee that the Software will perform the functions described in the specification and the description of the Software.
5.5. Upgrades
Free technical support and single website installation is provided via email for one year from the date of entering this License Agreement. To use Software identified as an upgrade, you must first be licensed for the product identified as eligible for the upgrade. You will receive all stable version upgrades for free. This means that if current version is 1.1 you will receive all future versions - 1.2, 1.3, 1.4, ... for free. You can buy the next Software generation 2.1 with 50% discount.
5.6. Refund Policy
StivaSoft ltd offers software development related services, sells full source codes and does not have any domain or IP licence for its software. By completing your purchase of any Software owned by the Company through 2CO, PayPal or other payment company, you agree that you are purchasing digital, non-tangible goods. Prior to ordering, please, make sure you have carefully read and understood the product's system requirements and features. If you are not sure about product compatibility, or have questions about its features, please contact our Customer Support Center. All inquiries are free of charge. In special circumstances we may offer a free trial of the scripts.
A dispute related to purchase of services or software may be resolved by the issuance of a Refund. Requests for a Refund must be made in writing and received within 5 business days of closing of a project or downloading software. Your refusal to permit Stivasoft ltd to install the product will void Your right to a refund. Where a Refund is issued, purchasers will have to affirm in writing that they have destroyed all source code, documentation and other intellectual property created and submitted during the course of the project by StivaSoft ltd and they have not saved the source code, documentation and other intellectual property in any file format or in any electronic or print media. This is subject to all vendor copyright laws.
StivaSoft ltd will not reduce the amount of a Refund by the assessment of a "work done fee" or any other charge (including consulting done) for any Return or for any Refund that is initiated by 2CO or itself. StivaSoft ltd intends to refund, subject to agreement between Stivasoft ltd and its Customer, and disbursement of the refunded amount also depends upon Refund policy of 2CO.
6. DISCLAIMER OF WARRANTIES
The Services, the Software and all information on the Site is provided on an “as is” and “as available” basis. The Company does not provide warranties or representations of any kind. The Company disclaims all such representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement. The Company makes no warranties that the Site, the Services and all information will be complete, accurate, uninterrupted, secure, or error free. All information on the Site may be changed without notice.
7. LIMITATION OF LIABILITY
In no event the company will be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Software or the Site, or any delay of it, even if the Company or its representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the services, the Site or the data downloaded through the Site.
8. PROMOTIONAL MATERIALS
With purchasing a copy of our software you agree to allow us to send you promotional e-mails. At any time you can unsubscribe to stop receiving such e-mails and promotional materials.
9. PRIVACY POLICY
The Company's Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the terms and conditions in this section, the User expressly consents to the use and disclosure of his/her personally identifiable and other information as described in the Privacy Policy.
10. RESPONSIBILITY OF THE USER
The User is responsible for providing and maintaining all equipment and Internet connections necessary to properly use the Site and/or the Software. We do not access, control, edit or screen any message or posting content transmitted using The Software or related services; therefore, you are solely responsible for the receipt or transmission of any and all content using the Software as and when you use the Software.
11. GOVERNING LAW
The User agrees that this Terms of Use shall be governed in all respects by the laws and courts of the Republic of Bulgaria. The contracting parties agree that all disputes arising from and regarding the Terms of Use will be resolved by common efforts of the parties. In case that the common consent can be obtain, any claim or dispute the User may have against StivaSoft ltd. must be resolved by a court located in the Republic of Bulgaria.
If any provision of this Terms of Use is held to be invalid or unenforceable, this Agreement shall be construed without such provision and the balance of the Agreement will remain in full force and effect. The failure by a party to exercise any right herein shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
12. DELIVERY POLICY
Upon receipt of your order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your order.
PRIVACY POLICY
The Company insures that all personal information being voluntarily submitted in the processing of using the Site and the services will be kept strictly confidential and used "solely" by the Company for marketing purposes and to enhance and improve the user online experience. We do not to share, rent, sell, or release this information to any individual, entity, or third party, for any reason, with exception as required by Law, Regulation, or Governmental Authority.
WHAT WE COLLECT
Different types of personally identifiable information are collected from the user by the Company in order for the Company to be able to provide its services. These includes, but is not limited to: name, mailing address, telephone numbers, email addresses and other information that may be needed for providing the services requested by the User. All this information is provided voluntarily by the User through various order forms, email messages sent to the Company, submission forms.
The Company also collects different types of non-personally identifiable information about its website visitors. These include but are not limited to referral URL's, Users' IP addresses, access times, referring web site addresses, pages visited, time spent on the Site, etc.
We may collect information related to your contact with our customer support team or store results when you respond to a survey.
The Company does not collect or transmit sensitive information (such as a credit card number) over the internet; all information regarding credit card holder or credit card number, or other like is verifying and processing by third parties (PayPal or any other payment processing company) in order to process the credit card transaction. These third parties are not authorized to use your information for any reason other than to fulfill our service.
HOW WE USE THE COLLECTED INFORMATION
We use the collected information mainly to provide the service requested by the User. It is used for initial service provision and ongoing User's support. The information can also be used by the Company for sending periodic emails announcing important service changes, new features, technical issue updates and news, different promotions etc (we do not send SPAM). The Users may decide NOT to receive such emails by unsubscribing from our list at any time.
The information is also used for record and billing purposes and for improving the Company's effectiveness. Based on the data collected the company tries to improve its advertising and sales efforts, website layout and content and to make the overall experience of the User more rewarding. The information can also be used for resolving ownership and other disputes and enforcing agreements between the Company and the User.
LINKED SITES
This Site may contains links to external Web sites. The Company is responsible for the privacy practices or content of these sites ONLY for its sisters websites or legally connected entities.
The Company reserves the right to change the above Privacy Policy at any time. Such changes will become effective and binding after their posting on the Site. The user agrees to regularly review this Privacy Policy and be aware of the changes made. By continuing to use the Company's services and website after any posted revision, the User agrees to abide by it.
