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ProSolvr Terms of Service

Building trust through clear guidelines. Here is our Terms of Service for a seamless experience.

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TERMS OF SERVICE

Effective Date: June 1, 2023

By using ProSolvr or any of the associated products and services (“Services”) as a visitor or customer, you are agreeing to the following terms and conditions (“Software Agreement”, “Terms of Use”). Additional contractual terms may apply to some services, so it is important that you are familiar with all of the terms applying to your use of our services.

This agreement constitutes an agreement between you (including all employees at your company) and smartQED, Inc., the producer and owner of ProSolvr and all associated products and services, governing your use of our Services, superseding any prior agreements between you and smartQED, Inc. (including but not limited to any previous version of this agreement).

Definitions

“We”, “Our” or “smartQED” means smartQED, Inc.; “You” means you, the person or business entity or organization using our products, services or visiting our website; “Services” means all products, goods and services we provide and anything else we do for you, including allowing you to access our website; “Service Availability” is defined as the ability to access and use the ProSolvr and smartQED applications (via web and mobile), backend software, and website.

We reserve the right to update or change this agreement without notice. Any new features that augment or enhance the current Services, including the release of new tools or resources, shall be subject to this agreement and the failure of smartQED, Inc. to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Violation of any of the Terms of Use below may result in the suspension or termination of your Account or License. Whilst we prohibit unauthorized conduct and content on the Services as indicated below, you may be exposed to such materials and you agree to use the Services at your own risk.

Terms

  • You must be a person to be able to have an account on our application and website. (Accounts registered or run through automated methods are not permitted).
  • Your age must be 16 years of age or older if you are based in the European Economic Area (EEA) or Switzerland, or 18 of age or older, if in any other geographic region, when creating an account on any of our Services.
  • You must provide your full legal name, a valid email address and any other information requested by us in order to complete any signup process and licensing.
  • You are responsible for maintaining the security of your account login information (username and password); we cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
  • You may not use your account for any illegal or unauthorized purpose. You must not, in the use of our Services, violate any laws in your jurisdiction (including, but not limited to copyright laws) or violate our Terms of Use.

Right of Refusal

  • We have the right to accept or decline free, trial and paid account requests (including source code applications) at will.
  • Applications will not be accepted if the applicants’ use is contrary to our strategic plan, or the company in question shows any cause for concern.

Modifications to the Services and Prices

  • We reserve the right at any time to modify or discontinue the service (or any part thereof). Sufficient notice would be given whenever possible and data made available.
  • Prices may be reviewed at any time and adjusted accordingly if needed. We reserve the right to increase prices. Notice will be given of at least 30 days in advance of any price changes.
  • Updates and upgrades to our products are made at regular intervals, or intermittently as needed.
  • You must not modify, adapt, hack, make derivative works of, disassemble, reverse compile or reverse engineer the Services or modify another website so as to falsely imply that it is associated with our Services.
  • All our licensed/ downloaded products (including any customized features) must at all times retain the copyright statement from us.

Service Availability and Support

  • We have the right to accept or decline free, trial and paid account requests (including source code applications) at will.
  • Applications will not be accepted if the applicants’ use is contrary to our strategic plan, or the company in question shows any cause for concern.

Code and Data Ownership

  • Any data entered in your live account database or uploaded to the Services remain yours and can be supplied if needed as a digital file upon request.
  • We do not pre-screen any content, but reserve the right (but not the obligation) to refuse or remove any content available via the Services.
  • Any and all code, including the look and feel is owned by us. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from us.
  • We house all software on our rented servers, or in the case of “on premise” deployments (where you or your organization host our Services), on your own servers. Unauthorized distribution of our software without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent from us.

Data Loss & Backups

  • We will not accept under any circumstances the liability for the loss of customer data through general use, hacking or server failure.
  • We will be responsible for ensuring regular backups of the subscription account data. If you are a user of an on-premise version of our Services (you or your organization host our Services), then you or your organization is responsible for all backups and any data loss.

Privacy

  • We will be committed to ensuring privacy of information. Our obligations and your rights regarding Privacy are fully documented in our Privacy Policy. Any information submitted by the customer will only be used by us in the manner intended by the customer or by the terms of this agreement.
  • We will never distribute your information to third parties, and all our staff are under extensive confidentiality and non-disclosure agreements.
  • While we make every effort to keep your information safe and secure, due to the very nature and environment of the Internet, we cannot ensure that all communications and data and any personally identifiable information will never be disclosed.

Security Policy

  • Data Security
    • All data transmission and storage utilize industry-standard encryption protocols to prevent unauthorized access.
    • Role-based access controls are enforced to restrict access to sensitive data to authorized personnel only.
    • User data is securely stored on servers with access controls and encryption to prevent data breaches.
  • Infrastructure Security
    • Regular updates and firewalls are in place to protect servers from unauthorized access and malicious activity.
    • Intrusion detection systems and monitoring tools are employed to safeguard network integrity and prevent security breaches.
  • Application Security
    • Regular code reviews are conducted to identify and address potential security vulnerabilities.
    • We follow secure coding practices to mitigate common security threats such as injection attacks and cross-site scripting.
    • Strong encryption methods are used for user authentication, and access to features and data is controlled based on user roles and permissions.

Licensing

  • We distribute all commercial software and services under a commercial license agreement.
  • Demo, proof of concept(“POC”), and trial environments of our products and services will be archived and may be deleted after the specified trial period is over, unless otherwise agreed upon with you. After that period if you would like to use the software legally, you must purchase a license for the product or sign up for a subscription account.
  • A ‘per user’ license allows that purchaser to operate the software. Licenses cannot be transferred to other parties, this applies to both general software licenses and upgrades.
  • Upgrade packages are only applicable to the business entity or organization who purchased the original software.
  • Sharing, redistribution or simultaneous use of licenses is prohibited.

Warranty

  • Your use of our Services is at your own discretion and sole risk. You will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. The Services are provided on an “as is” and “as available” basis.
  • smartQED, Inc. does not warrant that:
    • The Services will meet your specific requirements
    • The Services will be uninterrupted, timely, secure, or error-free.
    • The Services will be accurate, reliable, complete, legal, or safe.
  • You expressly understand and agree that smartQED, Inc. 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 we have been advised of the possibility of such damages), resulting from:
    • The use or inability to use the Services
    • The cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or any messages received or transactions entered through or from the Services.
    • Unauthorized access to or alteration of your transmissions of data.
    • Statements or conduct of any third party on or involved in providing the Services.
    • Any other matter relating to the Services.
  • Upgrade packages are only applicable to the business entity or organization who purchased the original software.
  • Sharing, redistribution or simultaneous use of licenses is prohibited.

Restricted Content

  • Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the Services including but not limited to:
    • Unsolicited emails or “Spam” messages.
    • Viruses, worms, malware, or code of a destructive nature.
    • Questionable or illegal material (including copyrighted material).

Contact Us

If you have questions or need assistance, please contact us at [email protected]