Factual Soft Company LLC.
Last Modified: April 21, 2019
The following terminology applies to these Terms and Conditions:
“Annual Maintenance” refers to ongoing maintenance, updates, and other support services related to the Software that is provided to Users if purchased by Users.
“Factual Soft,” “Ourselves,” “We,” and “Us,” refers to Factual Soft Company, LLC, a Texas limited Liability Company.
“The EULA” refers to Factual Soft’s End User License Agreement that contains more terms and conditions relating to the Software and its use after it has been downloaded to your computer.
“Our Services” refers to the Software, Annual Maintenance, the Website, and any other services provided by Factual Soft related to Rapid Dox.
“The Software” refers to Factual Soft’s desktop application titled “Rapid Dox” as described below.
“These Terms and Conditions” refers to these Terms and Condition that you are currently accessing and all incorporated agreements as described herein.
“Website” refers to Factual Soft’s website located at https://factualsoft.com.
“User,” “You,” and “Your” refers to you, the person accessing Factual Soft’s website, software and other services.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Agreement to be Bound
These Terms and Conditions explain the rules and guidelines for using our Services. By purchasing, downloading, browsing, accessing, or otherwise using our Services, you agree to be bound by all terms and conditions contained herein. If you do not agree with these Terms and Conditions, you should not use the services we provide, or you should discontinue your use if you have already used such services. We may modify these Terms and Conditions at our discretion at any time. You are therefore advised to re-read these Terms and Conditions on a regular basis. Any change in these Terms and Conditions will be posted on the Website. Any modification will not apply retroactively and will become effective when they are posted. Your continued use of our Services constitutes an affirmative: (1) acknowledgment of the modifications; and (2) agreement to abide and be bound by the modifications. If you do not agree to any of the modified terms, you should stop using our Services immediately. If there is a conflict between these Terms and Conditions and any modified terms, the modified terms will be applicable. If there is a conflict between these Terms and Conditions and the EULA, the terms of the EULA shall govern.
Description of the Software
Factual Soft provides it Users with innovative tools and products that can make the life of business intelligence experts easier. Factual Soft’s Rapid Dox software works seamlessly with Business Intelligence workbooks and dashboards to help format and export documentation. Through the Software, Users can enrich their documentation with graphics, customize their documentation templates, and export their documentation in multiple formats. The flexibility of the Software helps Users analyze, automate, and standardize their documentation
You must be at least eighteen (18) years of age to use our Services.
User Account, Password and Security
In order to download and use the Software, you must register an account with Factual Soft by completing the registration process specified. To register an account, you must provide your name, email address, a unique user name, and a password. All information you provide during the registration process must be complete and accurate.
You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. As a registered User, you are entirely responsible for maintaining the confidentiality of your password and account. You may change your password at any time by following the instructions we provide. You are also entirely responsible for any and all activities which occur under your account. You must immediately notify us of any unauthorized use of your account, stolen password, or any other security breach to your knowledge. Factual Soft will not be liable for any loss or damage arising from your failure to comply with this Section.
We offer a free seven (7) day trial to access the Software. If you subscribe on this Website for a free trial, we will make the Software available to you on a trial basis, free of charge until the trial period ends or until you purchase the Software. Certain functions of the Software may be limited during the free trial, and additional trial terms and conditions may appear on this Website governing your use of the Software during the free trial. Any such additional terms and conditions are incorporated into these Terms and Conditions by reference.
Website Payment Terms
There is no cost for Users to access or browse our Website; however, our Annual Maintenance and Software are subject to the fees discussed below, upon expiration of any free trial period.
Software Payment Terms
Users are not obligated to continue to use the Software after the expiration of any free trial period; Users will no longer be able to access the Software upon expiration of any free trial period. Users must then purchase a license if they wish to continue to use the Software after the expiration of any trial period offered pursuant to these Terms and Conditions. The fee for a Software license can be found on https://factualsoft.com. Upon completing the registration process for the Software, you herby authorize us to charge you immediately for the amounts shown on the confirmation page. You hereby authorize Factual Soft to charge the indicated credit card or debit card at the time of account signup. All payments made via the Website will be processed via Stripe. Upon request, purchase orders for the Software may be paid by check or mailing a credit card authorization form.
Once payment is accepted, we hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Software, subject to the terms and conditions of the EULA.
All rates listed on the Website are listed in United States Dollars (USD). Factual Soft shall not held responsible for any currency fluctuations incurred when receiving or sending payments in foreign currencies.
Disclaimer Of Warranties
YOU AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES OR THAT DEFECTS IN OUR SERVICES WILL BE CORRECTED, NOR THAT OUR SERVICES OR THE SERVER THAT MAKES SAID SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FACTUAL SOFT, OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES OR RESULTING FROM UNAUTHORIZED DISCLOSURE OR ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT FACTUAL SOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT, UNDER ANY CIRCUMSTANCES, SHALL OUR LIABILITY EXCEED ONE HUNDRED UNITED STATES. DOLLARS ($100.00 USD).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Resale Or Commercial Use Of Our Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of, use of, or access to our Services or your user account.
You are solely responsible for all activities under your account. Your use of our Services is subject to all applicable local, state, national and international laws and regulations. You agree (1) to comply with all applicable laws regarding the transmission of your data through the our Services; (2) not to use our Services for illegal purposes; (3) not to interfere or disrupt other User’s use of our Services; (4) to comply with all regulations, policies and procedures of networks connected to our Services; (5) not to manipulate identifiers to disguise the origin of any content transmitted to or through our Services; (6) reverse engineer any aspect of our Services; (7) attempt to access any portion of our Services you have not been granted access or authorization to use; (8) create an account, post content, or access content through any bot, spider, crawler, or similar unauthorized automated device, and/or (9) not to use or cause to be used our Services to facilitate the transmission of unsolicited or unauthorized material – this includes but is not limited to any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, transmit, or otherwise make available. We reserve the right, at our sole discretion, to immediately terminate your access to our Services if your actions are in violation of this paragraph.
Rights of Other Users
You agree not to transmit through our Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You shall not use our Services to post any information that would constitute confidential information or otherwise violate another person’s privacy rights. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to another User’s account are prohibited. You shall not interfere with another User’s use and enjoyment of the services we offer. We may, at our sole discretion, immediately terminate any services offered to by Factual Soft, including but not limited to the Website, the Software, or Annual Maintenance, if you fail to comply with this paragraph.
You agree to indemnify and hold Factual Soft, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Services, content that you provide, your violation of these Terms and Conditions, or your infringement or another User’s infringement of the our Services through the use of your account, of any intellectual property or other right of any person or entity.
Proprietary Rights to Our Content
You acknowledge that Factual Soft is the sole and exclusive owner of all right, title and interest in and to all trademarks, copyrights and rights applicable to the software, computer programs, works of authorship, writings (whether or not copyrightable), inventions (whether or not patentable), discoveries, methods, improvements, processes, ideas, systems, know-how, data, and any other intellectual creations of any nature whatsoever used in our Services, other than certain content you contribute to the Website, as specified below.
We hereby grant you a non-exclusive, non-transferable license to access and use the Website. Upon acceptance all applicable license fees, we grant you a non-exclusive, non-transferable license to access and use the Software subject to terms and conditions listed in the EULA.
We reserve the right to revoke these licenses at any time and for any reason, including but not limited to any violation of these Terms and Condition and the EULA.
Proprietary Rights To Your Content
You retain ownership of any intellectual property rights that you hold in content that you contribute to the Website. We acknowledge that you retain ownership in the content that you contribute to the Website and will not claim ownership in such content. You hereby grant to Factual Soft a non-exclusive, royalty-free, transferable, sub-licensable license to use the content that you contribute to the Website.
Factual Soft is committed to protecting the intellectual property rights of others. If you think your copyright protections are being violated, please contact us as outlined in the “Notices” Section below. We will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Termination of Service
If you object to any of these Terms and Conditions or any subsequent modifications thereof, or if you become dissatisfied with our Services in any way, you should immediately discontinue use of our Services.
You may terminate your use of the Website and Annual Maintenance with or without cause at any time and effective immediately. Upon termination, your right to Annual Maintenance will cease immediately, and your user account will no longer be accessible. Your continued right to access and use the Software will be governed under the terms and conditions of the EULA.
Factual Soft further reserves the right to terminate your access to our Services for failure to adhere to these Terms and Conditions.
Modifications To Service
We reserve the right to modify or discontinue our Services or any aspect of our Services with or without notice. Factual Soft will not be liable to you or any third party if we exercise our right to modify or discontinue our Services.
Third Party Links
Third Party Beneficiary
You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to these Terms and Conditions.
All notices to Factual Soft may be made via email@example.com. We may broadcast notices or messages through our Services to inform you of any changes to these Terms and Condition, the Service, or other matters of importance. Email addresses, email links, and contact forms provided on the Website are provided as a convenience. You are cautioned that contacting us by email or transmitting data to us over the internet could be misdirected or intercepted. You should exercise caution in sending us any sensitive or confidential information by email.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas, United States of America, excluding its conflict of law provisions. The parties both agree to submit to the exclusive jurisdiction of the courts of Texas. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The parties that any cause of action arising out of or related to the services created hereunder must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Any dispute, claim or controversy arising out of these Terms and Conditions or your use of the Services will be settled by arbitration in Dallas, Texas. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. Any award issued as a result of the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. Notwithstanding this provision, the aggrieved party shall be entitled to injunctive and/or equitable relief in a court of competent jurisdiction. All costs and expenses of the arbitration, including reasonable attorney fees, shall be allocated among the parties as determined by the arbitrator.
These Terms and Conditions is the entire agreement between you and Factual Soft and supersedes all prior agreements between the parties regarding the subject matter contained herein.