Terms Of Service
Terms of service Agreement between ThinkOut S.R.L.
You, as user
Scope of this Agreement
The Software-Product as a pre-release copy upon which this Agreement is formulated, all affiliated materials, including information and documentation will be collectively referred to as the “Product”. The Product is protected by the laws and regulations of copyright. This agreement licenses you, as the `user’ (either an entity or an individual) to use (not sell) the “Product” for the purpose it was created. The ThinkOut S.R.L. reserves all rights not expressly granted.
User Rights, Duties, and extent of Use
ThinkOut S.R.L. grants the User a simple, non-exclusive and temporally restricted right to use the “Product” solely for the purpose of testing. Copyright, trade secret, and other intellectual property laws protect the Product and the services that accompany it.
Your rights in the “Product” are limited to those expressly granted in this agreement. In particular, ThinkOut S.R.L. reserves all rights of reproduction, distribution, and publication.
The license is valid for the respective version acquired. New versions of the Product must be re-licensed. The Float Yard Ltd. is not obligated to provide maintenance, technical support or updates to the User. In no event shall ThinkOut S.R.L. be obligated to provide the User a copy of the commercial release version of the “Product” or to make the “Product” commercially available.
The license is restricted to the object code of the “Product”. ThinkOut S.R.L. is not obliged to provide the user with the source code. The user may not reverse engineer, decompile, dis- and/or reassemble, or change, alter, modify the “Product”; or create derivative works, enhancements extensions or add-ons to/of any part of the “Product”.
This license entitles the user to install and use the “Product” at only one single location (only one computer normally). If this location is part of a multi-user-system, or if the “Product” is to be designed for getting installed on a server centrally (and to be used in a network system), the license is valid for all authorized users of the related system.
A transfer of the “Product” or any portion of it to third parties under retention of any usage possibilities is excluded, unless ThinkOut S.R.L. permits such a transfer in a written agreement with the user. The user is obliged to prevent unauthorized access to the “Product” by third parties through the implementation of appropriate precautionary measures. The original storage media delivered and any backups are to be stored in a location protected against unauthorized access by a third party. The User is to be obliged to advise potential employees to respect copyright and the terms of this agreement.
The User shall not rent, lease, sell, sublicense, assign any portion of the “Product” or the “Product” itself.
Duplication of the “Product” is prohibited, provided that the duplication is not necessary for the normal operation of the “Product”. Duplication is considered necessary when it occurs during the installation of the “Product” to a hard disk from the accompanying media and when downloading or printing out data from the running application for exclusively personal use. In addition, the User may create a backup copy when such action is necessary to ensure future use of the “Product” in the contractually implied, exclusively personal manner.
Translation of the “Product” is prohibited.
Any copy protection system, copyright notice, or registration number built into the “Product”, or any other characteristics that serve to identify the program, are not to be removed by the User.
Term of Agreement
The term of this Agreement shall commence on the date of User’s acceptance of these terms and will continue for 2 months. A continuation of the term may be granted by ThinkOut S.R.L. on written request.
Aside from the termination of the right of use by reason of time lapse, this Agreement will terminate without notice upon the commercial release of the “Product”.
Furthermore, the rights conferred to the User under this agreement terminate without notice from ThinkOut S.R.L. if the User fails to comply with any term(s) of this agreement.
In all cases of termination, the User is obliged to give all media containing “Product” and Documentation back to ThinkOut S.R.L. and to remove the “Product” and all files built with its help from the hard drive in a way that guarantees non-recoverability and, upon demand by ThinkOut S.R.L., to confirm the complete removal through a declaration in lieu of oath. In either case User shall confirm to ThinkOut S.R.L. the deletion of the “Product” in written by ideally using the corresponding form of ThinkOut S.R.L.
The User binds itself not to circulate and to keep severely secret any kind of information, particularly with regard to technical, financial, organizational aspects, of which he or his organs, auxiliary persons, representatives, or other assigned persons get aware in coherence with this contract and/or during collaboration. In case of doubts, the User binds itself to confer with ThinkOut S.R.L
The User is obliged to bind organizations, assistants, auxiliary persons, representatives or other persons who could get in contact with information in the same way.
For Services offered on a payment or subscription basis, the following terms apply, unless ThinkOut S.R.L. or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Product.
Payments will be billed to you by ThinkOut S.R.L. and/or its vendor(s) in Euros, U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Product.
You must pay with one of the following.
- A valid credit card acceptable to ThinkOut S.R.L. and/or its vendor(s);
- A valid debit card acceptable to ThinkOut S.R.L. and/or its vendor(s);
- In countries where accepted by ThinkOut S.R.L., sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option Intuit and/or its vendor(s) provides to you in writing.
If your payment and registration information are not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, ThinkOut S.R.L. and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
ThinkOut S.R.L. and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates unless the Services are canceled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
All authorized refunds will be made in the original form of payment to ThinkOut S.R.L. or its vendor(s).
ThinkOut S.R.L. has made a free 30-day trial available in order to enable you to experience the product prior to purchase and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, ThinkOut S.R.L. will refund the amount paid towards your subscription in full provided the request for refund is received within 60 days of purchase.
You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Product. Archive your Content frequently. You grant ThinkOut S.R.L. a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. ThinkOut S.R.L. is not responsible for the Content or data you submit through the Product.
You agree not to use, nor permit any third party to use, the Product to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
- a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- c. Except as permitted by ThinkOut S.R.L. in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
- e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Community forums. The Product may include a community forum or other social features to exchange Content and information with other users of the Services and the public. ThinkOut S.R.L. does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Intuit is not responsible.
ThinkOut S.R.L. may freely use feedback you provide. You agree that ThinkOut S.R.L. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Product, other products or services, advertising or marketing materials. You grant ThinkOut S.R.L. a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to ThinkOut S.R.L. in any way.
ThinkOut S.R.L. may monitor your Content. ThinkOut S.R.L. may, but has no obligation to, monitor content on the Product. We may disclose any information necessary to satisfy our legal obligations, protect ThinkOut S.R.L. or its customers, or operate the Product properly. ThinkOut S.R.L., in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
This agreement may not be modified, varied or altered unless agreed upon in writing by both contracting parties.
This agreement is governed by and interpreted in accordance with Romanian and EU law.
This agreement, together with the general terms and conditions of ThinkOut S.R.L., comprises the entire agreement between ThinkOut S.R.L.. and the User.
If any current or future provision of this agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this agreement will not be affected.