SOFTWARE LICENSE AGREEMENT FOR Flat-Plan.com
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "Next/Continue" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
Flat-Plan IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. FLAT-PLAN.COM WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS DUE TO THE USE OR MISUSE OF THIS SOFTWARE.
1. Flat-Plan and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Flat-Plan be liable for the removal of or disabling of access to any such Services. Flat-Plan may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Flat-Plan, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, errors while using the Flat-Plan Software.
Flat-Plan provides Internet-based services with the software. It may change or cancel them at any time.
Consent for Internet-Based Services. The software feature described below connects to Flat-Plan or service provider computer systems over the Internet.
2. Restrictions.
You may not, and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Flat-Plan Software or any services provided by the Flat-Plan Software or to incorporate into or compile in combination with your own programs, rent, lease, lend, sublicense, sell, transfer or otherwise redistribute the Flat-Plan Software.
3. Consent to Use of Data. You agree that Flat-Plan store your datas but neither use nor share them.
4. Support and Maintenance. Flat-Plan is not obligated to provide any maintenance, technical or other support for the Flat-Plan Software, or any updates. You acknowledge that Flat-Plan has no express or implied obligation to announce or make newer version in the future.
5. Disclaimer of Warranties. The Flat-Plan Software may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE Flat-Plan SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Flat-Plan SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE Flat-Plan SOFTWARE ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Flat-Plan AND Flat-Plan'S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Flat-Plan SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Flat-Plan DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Flat-Plan SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE Flat-Plan SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Flat-Plan SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU FURTHER ACKNOWLEDGE THAT THE Flat-Plan SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE Flat-Plan SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, OR LOSS OF MONEY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Flat-Plan OR A Flat-Plan AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE Flat-Plan SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Flat-Plan (Flat-Plan) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE Flat-Plan SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Flat-Plan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer the program or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in the immediate and automatic termination of this subscription and may result in criminal and/or civil prosecution.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Flat-Plan Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Flat-Plan. The parties hereto confirm that they have requested that this License and all related documents be drafted in English.
9. Flat-Plan reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.flat-plan.com/terms
Account Terms
1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. Flat-Plan cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all activity that occurs under your account.
6. One person or legal entity may not maintain more than one trial account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. You agree to use the Service at your own risk.
Payment, Refunds, Upgrading and Downgrading Terms
1. Trial accounts are not required to provide a credit card number.
2. The Service is billed in advance and is non-refundable after 15 days. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Credit Card Transactions
1. FastSpring (801 Garden St., Santa Barbara, CA 93101) is an authorized retailer for goods and services provided by Flat-Plan
2. When prompted to enter your credit card details, you will be asked for the 3 digit security code to prevent fraud - also known as the CVV code.
3. Please note, for credit card transactions, FastSpring will appear on your credit card statements.
4. Flat-Plan will not add any additional fees to your purchase if you pay via any of the card type supported.
5. On completion of the transaction you will receive an email from our service which will contain your invoice within a few minutes of placing your order.
6. Please print & retain a hard copy of the transaction receipt that will be sent to you via email.
7. Once Flat-Plan has received your purchase request we will process your order immediately. Please be aware that full payment will be taken from your card immediately.
Price Changes
1. Flat-Plan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. Prices of all subscriptions and products, may change from time to time.
Cancellation and Termination
1. You have to contact us for properly cancelling your account. An email request to cancel your account is considered cancellation. It’s no questions asked cancellation process.
2. All of your Content will be immediately deleted from the Service upon cancellation.
3. If you cancel the Service before the end of your current paid term, your cancellation will take effect immediately but you will not be charged again.
4. Flat-Plan, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Flat-Plan service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Flat-Plan reserves the right to refuse service to anyone for any reason at any time.
Shipping and Delivery
1. Since Flat-Plan is an online service - there is no product to ship to you. As soon as you have signed up, the invoicing service will be made available to you though this site.
Exportation and Importation Restrictions
1. Since Flat-Plan is an online service - there is no product to ship to you, and therefore there are no exportation or importation restrictions.
Modifications to the Service and Prices
1. Flat-Plan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Flat-Plan shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials and information uploaded remain yours.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email (we try to respond within 1-6 hours).
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Flat-Plan, or any other Flat-Plan service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Flat-Plan.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Flat-Plan customer, employee, member, or officer will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. Flat-Plan does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
10. You expressly understand and agree that Flat-Plan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Flat-Plan has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
11. The failure of Flat-Plan to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Flat-Plan and govern your use of the Service, superceding any prior agreements between you and Flat-Plan (including, but not limited to, any prior versions of the Terms of Service).
Return Policy and Paid Plans
1. Cancellations: A "Cancellation" occurs when the Customer or Supplier voids an order for a withdrawal of funds from a Customer's Card account or bank account before a sale is sent for deposit. Flat-Plan will not collect a deposit from the Customer and the previously authorized funds will be released at the Card issuing bank's discretion. After a sale is sent for deposit, any attempt to reimburse the cost of a Product to a Customer constitutes a Refund and shall be dealt with as set forth below. You may contact us regarding your purchase from Flat-Plan within 1 day of delivery for a full refund.
2. Returns: A return occurs when a Customer returns Products previously purchased from FastSpring ("Return"). Flat-Plan will not reduce the amount of a Refund by the assessment of a "restocking fee" or any other charge (including shipping charges) for any Return that occurs in accordance with Flat-Plan's Return Policy.
3. Refunds: A refund is the actual reimbursement of the cost of a Product to a Customer("Refund"). Flat-Plan accomplishes the Refund by reversing the amount previously charged to the Customer's Card or account at the Card issuing bank and the appropriate amount is credited to the appropriate Card or account at the Card issuing bank of Customer.