SoftFluent SAS (hereafter « SoftFluent ») sells customers software products, This website www.softfluent.com (hereafter the « Service ») provides information about these products and allows to manage the customer orders .
Article 1. Definitions
« Cloud » refers to the server infrastructure set up by SoftFluent on the Internet to store data as well as the Internet web site for the application.
« Content » refers to any kind of data or document (including text, pictures, videos, sounds, …) that the Customer will store using the Service.
« Data » refers to any kind of data or document communicated by the Customer including any personal data.
« Price » refers to the defined fee associated with a certain level of subscription, potentially including access to certain features for a defined duration, depending on the option chosen by the customer.
« Site » refers to the Internet web site published by SoftFluent.
« Software » or « SoftFluent Software » refers to any SoftFluent Software required to benefit from the Service.
« Subscription » refers to the registration process for a certain level of the Service by the Customer to benefit from this level of Service on a regular basis.
Article 2. Purpose
The Service is accessible from the Site https://www.softfluent.com.
Article 3. Service Description
The Service allow Customers to order SoftFluent Products and to access the related order history and product licenses.
The Service includes SoftFluent Software in its installable formats as well as Internet Sites that SoftFluent make available through the Cloud.
Some features are available free of charge and the Customer can subscribe to paid offerings including additional features. Available offerings are described at https://www.softfluent.com/store/products.
Article 4. Registration to the service
The Customer that wishes to access the Service should communicate to SoftFluent an email address. This communication occurs using social network authentication protocols. This operation is directly integrated within the Site or the application downloaded from mobile application online sales platforms.
Communicating an email will allow SoftFluent to inform the Customer for an optimal usage of the Service. SoftFluent uses this email to identify the user. It is the user’s responsibility to correctly protect the password he uses to connect to the considered social network.
The Customer must have an access to the Internet network to use the Service. SoftFluent cannot be held liable for any malfunctioning of the Internet network. As well, it is the Customer’s responsibility to purchase the devices used to access the Software and ensure they work properly.
When subscribing to a paid offering, the Customer Client should communicate his payment information to the third-party payment service used to subscribe (PayPal ). SoftFluent does not have access to the Customer’s payment information.
Article 5. Duration
The Service is not limited in time, though there is no commitment from SoftFluent to maintain the Service in the future.
Article 6. Price
Using a SoftFluent product managed by the Service in its paid versions requires payment of a fee as defined in the Price List available at the day of subscription by the Customer or at the date of renewal.
Any change in the Price List will be considered as a change in these terms and will be notified through the Internet Site of the Service. Active Subscriptions will not be impacted by a change in price that will apply for active subscriptions only when a renewal occurs.
Additionally, the Customer recognizes that he cannot ask for any reimbursement of his subscription as access to the Service is immediate.
The Customer is informed that when using the Service for free, its usage of the Service may include promotional content and advertisement.
Article 7. Data protection
Protection of your data is a priority for SoftFluent as part of the RowShare Service.
Article 8. Modification of these terms
In situations related to respecting legal obligations, modifications will apply immediately.
Article 9. Service suspension
SoftFluent is authorized to suspend access to the Service without any delay or indemnification in the following cases:
- SoftFluent is informed of an access or usage of the Service which is either abusive, fraudulent or unauthorized ;
- The Customer uses the Service in a way that can damage SoftFluent or third-parties.
Article 10. Termination
As soon as the Service is suspended, SoftFluent may terminate those terms.
As soon as a subscription to a product managed by this SERVICE is terminated, the related data will be possibly deleted from the servers by SoftFluent.
Article 11. Property
11.1 SoftFluent remains owner of all intellectual property rights on the Content that comes with the Service and the attached Software.
11.2 Any text, comment, icon, drawing, picture, video, visual or sound element, available on the Site and not owned by Customers are fully copyrighted by SoftFluent including author rights, brand rights, drawing rights and patent rights, for the whole world to SoftFluent’s benefit. Any partial or complete reproduction of the Site is strictly forbidden as a counterfeit.
11.3 SoftFluent is the owner of all rights related to the Service including, without any limitation, software that allows operation of the Service hosted on SoftFluent cloud infrastructure.
11.4 SoftFluent may use third-party software to implement the Service. In this case, SoftFluent guarantees to have the rights to operate this software.
Article 12. Service and software update
SoftFluent wished to propose an optimal Service to its Customers. Therefore, SoftFluent will substantially modify the Service from time to time, and this may temporarily affect operations.
In the process, SoftFluent will update the software on Customers’ devices to improve, strengthen, repair or enhance the Service without this list being limitative. When not accepting this, Customer access to the Service might be suspended, provided that the Service does not strictly require usage of this software as it is accessible through an Internet browser.
Article 13. Responsibility
SoftFluent cannot be held responsible for any damage for the Customer as an impact of a malfunction. This includes loss of operations or information resulting from a malfunctions, interruption of services, delays or Internet outages.
SoftFluent’s responsibility towards the Customer can be considered only for established facts that are directly and exclusively attributed to SoftFluent.
SoftFluent’s responsibility cannot be attributed to SoftFluent in case of a bad usage of the Service by the Customer.
SoftFluent cannot be held responsible for direct or indirect damages resulting from unauthorized access to information or loss of Customer data, or its lack of caution in protecting its access (that can be ensured by the password of a social network).
The Customer is fully responsible for access he authorizes through his account and thus for usage of the Content by third-parties in case he shares his access. He is responsible for avoiding storage of highly sensitive data on the Service.
The Customer will indemnify SoftFluent for claims, liabilities, damages, loss and charges from third-parties that would be the consequence of using the Service by the Customer.
Article 14. Hosting responsibility
SoftFluent is not legally responsible Content forwarded or stored through the Site. However, acting as a data hosting company, SoftFluent has obligations related to (i) tracking of data connection of Customers, under professional secret and respecting legal obligations.
Article 15. Complaints
15.1 SoftFluent is committed to respecting intellectual property rights of all Customers as well as third-parties that could complaint from a violation of their rights.
As a consequence, SoftFluent commits to answer any complaint related to intellectual property right violation that would be communicated to SoftFluent.
However, SoftFluent cannot take direct legal action to ensure intellectual property rights of any third parties. These third-parties are responsible for the opportunity to start a legal action.
15.2 Customers of the Service who would meet issues are invited to submit them to SoftFluent using the dedicated form available on the Site. SoftFluent will as much as possible answer all complaints within a short delay.
Article 16. Applicable law
In case of any dispute, a friendly solution should be considered first before taking any legal action.
Article 17. Miscellaneous