These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Furtree Systems, Inc., doing business as Softvelum (“Softvelum,” “we,” “us” or “our”), concerning access to and use of the Site or Sites. We are registered in the State of Georgia, United States. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date and these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Service regularly so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
The information provided on the Site is not intended for distribution to or to use by any person or entity in any jurisdiction or country where such distribution would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
1. DEFINITIONS
“Service” means the services accessed through Larix Tuner, which is a web-based cloud-control panel for operating instances of Larix Broadcaster mobile applications. It allows you to do the following: add any number of Larix Broadcaster instances into your single account; control their setup and behavior from a single point; aggregate and report streaming stats of your content.
“Site” or “Sites” means softvelum.com website and its subdomains, as well as any other media form or application related, linked or otherwise connected thereto.
2. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purposes; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, or terminate your subscription and refuse any current or future use of the Site (or any portion thereof).
3. USER REGISTRATION
You are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. Without notice, we reserve the right to remove, reclaim or change credentials that you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. TRIAL PERIOD
There is no Trial Period for the Service. In order to control your mobile apps’ instances you must have an active subscription.
5. SUBSCRIPTION
5.1 LARIX TUNER SUBSCRIPTION
Once you register and add licenses and devices, you must create subscription by making the first payment according to a number of devices added into licenses.
You will be charged monthly and will receive a payment confirmation email from our payment gateway for each payment.
We PayPro Global as our secure gateway to process subscriptions’ payments.
If you wish to change your Service options, like adding new licenses, devices and other account options and paid features, you are welcome to do that. New additions will be reviewed and your subscription will be changed before the beginning of the next billing period according to Larix Tuner pricing.
If you try adding more devices than you have paid for, you will face a requirement from the Service to make a proportional up-front payment. Please refer to the pricing page to find out more.
You may cancel your subscription at any time. You will find the subscription control link in any payment confirmation email. You may also log into your Larix Tuner account, click on the settings menu and get “PayPro Global gateway subscriptions page” link. You can use the same link to change your payment method as well.
5.5 TAXES: VAT, W9, ETC.
If your company operates in the European Union, the VAT field will appear on the page following the billing details. If a customer enters a valid VAT ID, it will not be charged.
If you have VAT-related questions, please contact PayPro support to clarify them as we do not control store or operate your payments details.
Some countries may require additional VAT which cannot be covered by tax IDs. We are not responsible for charging those taxes.
5.6 BILLING FAILURES
If your monthly payment does not succeed, you will get an email failure notice from a payment gateway at the email which you used for subscribing. You will need to follow a link from that message to enter a new payment or existing payment credentials to re-initiate the payment.
You may contact PayPro support for any related details.
5.7 LARIX TUNER ACCOUNT TERMINATION
These Terms of Service shall remain in full force and effect while you use Softvelum Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINE YOUR USE OR DELETE YOUR SUBSCRIPTIONS AND ANY CONTENT, INFORMATION OR DATA THAT WAS ACCRUED THROUGH THE LIFETIME OF YOUR ACCOUNT, WITHOUT WARNING, IN OUR SOLE DISCRETION.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.
5.7.1 CONTINUED PAYMENT FAILURE
In case of payment issues, if you don’t complete the payment, your payment gateway will cancel it automatically per its own rules. Typically, it’s two weeks period. Once your subscription is canceled, your Larix Tuner account will be removed completely after two weeks.
All data is lost upon account termination, including statistics and Live Transcoder scenarios. You agree that we have no responsibility or liability for any lost data upon account termination.
5.8 REFUNDS
We do not refund any payments to customers. If a customer does not want to make further payments, the subscription must be properly canceled. The subscription control link can be found in any payment confirmation email.
6. MODICIATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the contents of our Services at any time or for any reason at our sole discretion, without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue part of, or all, our Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Services.
We cannot guarantee that our Services will be always available. We may experience hardware, software, server, or other problems, or need to perform maintenance related to Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Services during any downtime or discontinuance. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
7. TECHNICAL SUPPORT
7.1 MUST USE SEARCH
You must search for answers through our websites and blog before asking questions.
We do not guarantee responses for general requests which can be answered by simple search.
7.2 MUST USE HELPDESK
All requests for support must be submitted to our helpdesk.
We do not guarantee a response to any request sent via any other channels such as personal emails, instant messengers, social networks etc.
We reserve the right to deny or ignore the support request if the requesting user has multiple requests over a short period.
We reserve the right to decline or ignore your request without a response if you don’t follow the required steps to analyze the issue before ticket submission.
8. LIMITED LIABILITY/DISCLAIMER
Softvelum provides the software without any warranties of any kind, express, implied, statutory, or in any other provision of these terms or communication with you, and Softvelum specifically disclaims any implied warranties of merchantability. To the maximum extent permitted by applicable law, in no event will Softvelum be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages under any theory of liability, whether based in contract, tort, negligence, product liability, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the preceding limitation may not apply to you. Softvelum liability under these terms will not, in any event, exceed the subscription fees, if any, paid by you over a period of two months for the Service. The foregoing limitations shall apply to the maximum extent permitted by applicable law, regardless of whether Softvelum has been advised of the possibility of such damages and regardless of whether any remedy fails its essential purpose.
9. INTELLECTUAL PROPERTY RIGHTS AND USER DATA
9.1 You acknowledge that all intellectual property rights, including copyright, trademarks and patents, related to the Service are and shall remain the exclusive property of Softvelum. You shall not attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from the Services provided by Softvelum. You shall not use Softvelum’s intellectual property for any purpose other than using the Services as provided. You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without the express written consent of Softvelum.
9.2 We will maintain certain data that you transmit through our Services for the purpose of managing the performance of our Services, as well as data relating to your use of our Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.
10. GOVERNING LAW
These Terms of Service and your use of Softvelum Services are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, and applicable to agreements made and to be entirely performed within the State of New York.
11. DISPUTE RESOLUTION
11.1 BINDING ARBITRATION
If involved Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commerce Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States of America, in the state of New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States of America, in the state of New York, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention of Contracts for the International Sale of Goods and the Uniforms Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
In no event shall any Dispute be brought by either Party related in any way to Softvelum Services, be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of the provision found to be illegal or unenforceable, and such Disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit the personal jurisdiction of that court.
11.2 RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceedings; (b) there is no right authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
11.3 EXCEPTIONS TO ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; or (b) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
12. CORRECTIONS
There may be information on our Sites that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Sites at any time, without prior notice.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, against any loss, damage, liability claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions to the Services; (2) use of Softvelum Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act towards any other user of our Services with whom you connected with via our Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14. COMMUNICATION, TRANSACTIONS AND RECORDS
Visiting any of our Sites, sending us emails, and completing online forms constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and all other communications we provide you electronically, via email, or on one of our Sites, satisfy any legal requirement that such communication is in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS FOR ORDERS, OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, RECORDS OF TRANSACTIONS INITIATED AND MARKETING EMAILS INITIATED BY US, OR VIA OUR WEBSITES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
15. MISCELLANEOUS
15.1 These Terms of Service and any policies or operating rules posted by us on any of our Sites, or with respect to our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Services shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service and use of our Services. You agree that these Terms of Service will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
15.2 Those provisions that by their nature are intended to survive termination or expiration of these Terms of Service shall so survive.
16. PRIVACY POLICY
By using our Services, you agree to be bound by our Privacy Policy. Please refer to this page for privacy policy for our products.
Please be advised that our business is owned and operated in the United States. If you access our Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from our applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and you agree to have your data transferred to and processed in the United States.
17. CONTACT US
In order to resolve a complaint regarding our Services, or to receive further information regarding the use, please contact our helpdesk or contact us at:
Furtree Systems, Inc., d.b.a Softvelum
260 Peachtree Street NW, Suite 2200
Atlanta, Georgia, 30303, USA
[email protected]
Changes to this privacy policy
Softvelum reserves the right to make changes to this privacy policy at any time by giving notice to its users on this page and possibly within Softvelum resources as far as technically and legally feasible. Where we deem necessary, we will send a notice to Users via any contact information available to Softvelum. It is strongly recommended to check this page often, referring to the last modification date listed.
This document was last updated on June 21, 2024.