SoftwarePac LLC – Terms of Use

Effective Date: _04/12/2024__

These Terms of Use (“Agreement”) govern your access to and use of the SoftwarePac™ website, mobile application, and all related features and services (collectively, the “Service”) provided by SoftwarePac LLC (“SoftwarePac,” “we,” “us,” or “our”).
By accessing or using the Service, you agree to be bound by this Agreement.
If you do not agree, you must stop using the Service immediately.

We may update these Terms at any time. Changes take effect when posted. Your continued use of the Service after changes are posted indicates acceptance of the revised Terms.

This Agreement does not alter any separate written agreement you may have with SoftwarePac. If a separate agreement conflicts with this Agreement, that separate agreement controls with respect to the conflicting terms.

1. Purpose of the Service

The Service is designed to help organizations manage physical and digital assets, inventory, equipment records, warranties, and related operational data.
The Service does not provide legal, financial, tax, or compliance advice.
You are solely responsible for how you use the information within the Service, and you should consult qualified advisors for any decisions requiring legal, tax, insurance, or financial expertise.

SoftwarePac is not responsible for any actions or decisions you make based on information stored or viewed within the Service.

2. Use of the Service

You may access the Service through compatible devices, browsers, and networks. You are responsible for ensuring such compatibility and for any related fees.

Your right to use the Service is personal, non-transferable, and limited to lawful purposes.
You agree to:

• Provide accurate and current registration information
• Keep your account details updated
• Not misrepresent your identity or impersonate another person

You may not:

1. Use automated tools (bots, scrapers, crawlers) to access or extract data without written permission

2. Attempt to bypass security features or gain unauthorized access

3. Upload files containing malware, viruses, or malicious code

4. Reverse-engineer, decompile, or disassemble any portion of the Service

By submitting suggestions or feedback to SoftwarePac, you grant us a perpetual, worldwide, royalty-free license to use that feedback to improve our products and services.

3. Lawful Use; Use by Minors

You must comply with all applicable laws while using the Service.
The Service is intended for use only by individuals 18 years of age or older.
By using the Service, you represent that you are at least 18.
SoftwarePac may suspend or terminate accounts discovered to be created by minors.

4. User Accounts

To use certain features, you must create a SoftwarePac User Account.

You may be required to provide:

• Personal identification details
• Organizational information
• Payment information if subscribing to paid features

You authorize SoftwarePac to:

• Process payments through third-party payment processors
• Share relevant data with service providers (e.g., cloud hosting vendors) strictly for operational purposes

All fees are non-refundable unless otherwise stated. Subscription fees may change with notice, and your continued use of the Service after notice indicates acceptance of the new fees.

Your responsibilities:

• Maintain a strong, secure password
• Notify us of suspected unauthorized account access
• Avoid sharing your login credentials

SoftwarePac is not liable for losses caused by unauthorized access resulting from your failure to secure your account.

We reserve the right to change, revoke, or suspend User Account credentials at any time.

5. User Content

“User Content” includes all data you upload into the Service, such as asset details, documents, images, records, login credentials, and operational information.

You agree not to upload content that:

• Violates intellectual property rights
• Breaks any law or regulation
• Contains defamatory, abusive, pornographic, or hateful material
• Contains protected health information (PHI) subject to HIPAA
• Contains malicious code or harmful files
• Violates agreements with third parties

6. Rights Granted to SoftwarePac

By submitting User Content, you grant SoftwarePac a limited license to store, process, and use the content solely for the purpose of operating the Service.

With your consent, your organization’s name and logo may be used in SoftwarePac marketing materials (e.g., customer lists).
You represent that you have the rights necessary to submit all User Content without violating third-party obligations.

7. Access to Third-Party Accounts

If the Service integrates with third-party platforms (e.g., marketplaces, cloud services, storage platforms), you authorize SoftwarePac to:

• Use your provided credentials
• Retrieve information from those third-party accounts
• Act as your agent solely for accessing and syncing relevant data

SoftwarePac is not endorsed by any third-party platforms you choose to connect.

8. Intellectual Property Rights

All content, software, designs, technology, and materials provided by SoftwarePac (“SoftwarePac Content”) are owned by SoftwarePac or licensed to us.

You may:

• Use the SoftwarePac Content only for your internal business use
• Print or download copies for internal use
• You may NOT:
• Copy, distribute, publish, or modify SoftwarePac Content
• Use the Service to provide managed services to third parties
• Reverse-engineer or exploit the technology in any way

All rights not expressly granted are reserved by SoftwarePac.

9. Links to Third-Party Websites

The Service may contain links to external websites.
SoftwarePac does not control and is not responsible for:

• Content on third-party websites
• Products or services offered by third parties
• Privacy practices of external sites

Accessing such sites is at your own risk.

10. Cookies and Similar Technologies

SoftwarePac may use cookies, tracking tools, and similar technologies to enhance functionality and improve user experience.

11. Disclaimer of Warranties

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.

SoftwarePac does not warrant that:

• The Service will be error-free or uninterrupted
• Data will be accurate, complete, or secure
• Servers will be free from viruses or harmful code
• Third-party services (internet, telecom, hosting, payment gateways) will function without issues

To the fullest extent permitted by law, SoftwarePac disclaims all implied warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

12. Limitation of Liability

To the maximum extent permitted by law, SoftwarePac is not liable for:

• Loss of profits, revenue, business interruption, or data
• Unauthorized access to your account
• Errors, bugs, defects, or service interruptions
• Damages caused by malware or third-party actions
• Any indirect, special, incidental, punitive, or consequential damages

If any liability arises that is not otherwise excluded, SoftwarePac’s total liability shall not exceed USD $100.

13. Indemnification

You agree to indemnify and hold harmless SoftwarePac, its employees, officers, and service providers from claims arising out of:

• Your violation of this Agreement
• Misuse of the Service
• Infringement of third-party rights
• Uploaded User Content

14. Copyright Complaints (DMCA)

If you believe your copyrighted material has been used improperly on the Service, you may file a notice by emailing SoftwarePac at:

📧 legal@softwarepac.com
Required information:

• Digital/physical signature
• Identification of copyrighted work
• Location of infringing material
• Contact information
• A good-faith statement of unauthorized use
• A statement under penalty of perjury affirming accuracy

SoftwarePac may remove content or terminate accounts of repeat infringers.

15. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Commonwealth of Virginia, USA, without regard to conflict-of-law rules.

All disputes must be resolved exclusively in the:

• State courts of Virginia, or
• Federal courts located in Virginia

You consent to personal jurisdiction in those courts.

If any provision of this Agreement is deemed unenforceable, the remaining provisions remain in effect.

16. Assignment

SoftwarePac may assign its rights or obligations to:

• Affiliates
• Successors in merger/acquisition
• Purchasers of relevant business assets

You may not assign this Agreement without SoftwarePac’s prior written approval.

17. Term and Termination

This Agreement remains effective until:

• You stop using the Service, or
• SoftwarePac terminates your account

SoftwarePac may suspend or terminate access for:

• Violations of this Agreement
• Legal or security concerns
• Disputes about account ownership
• Operational reasons

The Service is not a backup or archival system.
User Content may be deleted after account closure.

18. Privacy Policy

Your use of the Service is subject to SoftwarePac’s Privacy Policy.
By using the Service, you consent to data collection and processing as described in the Privacy Policy.

19. Google Maps Terms (If Applicable)

If the Service uses Google Maps features, your use is subject to:

• Google Maps/Earth Additional Terms of Service
• Google Privacy Policy