TERMS AND CONDITIONS
Agreement between User and www.herisoftware.com
Welcome to www.herisoftware.com. The www.herisoftware.com website (the "Site") is comprised of various web pages operated by Heri Software LLC ("Heri Software"). www.herisoftware.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.herisoftware.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.herisoftware.com is a Software Site.
software development services, custom software and commercial software developed by Heri Software LLC
Electronic Communications Visiting www.herisoftware.com or sending emails to Heri Software constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Heri Software is not responsible for third party access to your account that results from theft or misappropriation of your account. Heri Software and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The following goods are available on our Site:
- Licenses for software found at herisoftware.com; and
- Software available for download at herisoftware.com
- Software as a service; and
- Software development; and
- Software engineering; and
- Software consulting
Subscriptions and/or licensing for downloadable material/software and/or licensing for software on website are expected to be paid upon order and shall have an accompanying EULA.
Subscriptions Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: subscription can be canceled any time without further obligation, unless specified by other terms agreed upon by client.
Free Trial We offer the following free trial of our goods and services: some services will have an option for a free trial, with details included in a respective terms agreement. At the end of your free trial, the following will occur: the details of a free trial, if it exists, will be described in the respective terms agreement. To cancel your free trial, please follow these steps: the details of a free trial cancelation, if it exists, will be described in the respective terms agreement.
- Credit Card;
- Direct Debit; and
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund
- The services will be fully refunded if the services are canceled at least 48 hours before the
Children Under Thirteen Heri Software does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.herisoftware.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.herisoftware.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Heri Software and Heri Software is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Heri Software is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Heri Software of the site or any
association with its operators.
Certain services made available via www.herisoftware.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.herisoftware.com domain, you hereby acknowledge and consent that Heri Software may share such information and data with any third party with whom Heri Software has a contractual relationship to provide the requested product, service or functionality on behalf of www.herisoftware.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of the Site, you warrant to Heri Software that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Heri Software or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Heri Software content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Heri Software and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Heri Software or our licensors except as expressly authorized by these Terms.
Third Party Accounts You will be able to connect your Heri Software account to third party accounts. By connecting your Heri Software account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users The Service is controlled, operated and administered by Heri Software from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Heri Software Content accessed through www.herisoftware.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless Heri Software, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Heri Software reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Heri Software in asserting any available defenses.
Termination/Access Restriction Heri Software reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heri Software as a result of this agreement or use of the Site. Heri Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Heri Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Heri Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heri Software with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Heri Software with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Applicable Law These Terms and Conditions are governed by the laws of the State of Connecticut. Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes to Terms Heri Software reserves the right, in its sole discretion, to change the Terms under which www.herisoftware.com is offered. The most current version of the Terms will supersede all previous versions. Heri Software encourages you to periodically review the Terms to stay informed of our updates.
Heri Software welcomes your questions or comments regarding the Terms:
Heri Software LLC
_________________, Connecticut _________________ USA
Effective as of December 08, 2022