Terms of Use Agreement

Last updated: July 6, 2016

Thank you for choosing Quality Driven Software for your business. This Agreement may change at any time, in the company’s discretion so please visit our website: www.QualityDrivenSoftware.com for the latest Terms of Use as all changes are binding on you. Any changes will be made effective at the time of the changes or when you use the Quality Driven Software and will no be retroactive. If you do not agree to any changes, you may cancel your subscription via the Quality Driven Software “Settings” page or by emailing us at: support@qualitydrivensoftware.com.

This Agreement applies to your purchase and use of and access to our Software (the “Software”) and the QualityDrivenSoftware.com website (the “Website”) by you and your affiliates. By accessing or using the Software (or enabling an affiliate to access or use the Software), you are indicating that you have read this Terms of Use Agreement and agree to be bound by this agreement. If you do not agree with everything in This Agreement, you may not access or use the Software. This Agreement applies to any use of the Software, whether in connection with a paid subscription, pre-sale offers, discounted services, or a free trial, and applies to both customers in the US and world-wide.

This Agreement comes into effect on the earlier of (a) the date you accept This Agreement by clicking on the “I Agree” button or otherwise indicate that you accept these Terms of Use (including through an Order Form), or (b) the date you (or an Affiliate) first access or use Quality Driven Software. This Agreement, by its sense and context ought to survive the termination of this Agreement, shall survive.

User Registration: To obtain full access to the Software, you will be required to accept this Agreement. By accepting, you are bound to all Agreements set forth in this Terms of Use Agreement.

Pricing: Pricing can be updated at any time and changes will not apply to service paid for in advance. By submitting your credit card information, you authorize our third party merchant to handle the processing of your credit card. Please visit this third party vendor’s website for their specific Privacy Policy.

Software Changes: We reserve the right to modify the Software, in whole or part, including any of its content, in whole or part, for any reason, at any given time. Quality Driven Software also reserves the right to suspend any features as well as discontinue features, components, or functions at any given time.

Subscriptions: To provide continuous service, Quality Driven Software automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). Unless otherwise indicated in your paid receipt, all subscriptions are to be considered month to month. By using the Software, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish to renew your subscription automatically, please follow the directions set out under “Cancellations & Refunds.”

We will email you should there be an issue with obtaining a credit card approval. However, if we cannot reach you and your card cannot be processed, we will assume that you are canceling your service and will treat your account as a cancellation request.

Once your paid subscription has been cancelled and you no longer have access to your account, you may no longer access any data nor have any rights to said data. In addition, closed accounts do not relieve you of any obligation to pay outstanding balances.

Upgrades and downgrades:  You may upgrade your account at any time. This change will be made effective immediately and your credit card will be charged for any difference in pricing, prorated.

You may downgrade your account at any time. This change will be made immediately and you will be issued an account credit, depending on the prorated amount for the month.  We will not issue any refunds or credits of any kind.

Add-Ons: Software updates and improvements will be provided free of charge to users with a paid subscriptions. We may offer special features that you may purchase as an “add on” feature for an additional charge.

Cancellations and Refunds: When your paid plan begins, you will receive an e-mail receipt. You may cancel at any time before the end of your first month to avoid incurring further charges. You may cancel your account at any time, and you will be permitted to use the Software until the end of the billing cycle. There will be no refunds for any unused time left in the billing cycle. To cancel, please send us a cancellation request at: support@qualitydrivensoftware.com. We reserve the right to cancel or suspend accounts that we deem violate this Agreement pose a threat to the property or rights of Quality Driven Software or any third party.

Prohibited Uses: You may not use Quality Driven Software in any manner which would violate any federal, state, local, or international laws. Using the Software to promote any content involving violence, sexual conduct, and or pornography is prohibited, as is using the site in a malicious or harmful way to an person or entity. You are responsible for all activity that happens under your subscription. Minors under the age of 13 are not permitted to use Quality Driven Software.

Intellectual Property: Both content on the website and in Quality Driven Software are owned by Success Springs, LLC and as such are protected by US and international laws regarding copyrights, trademarks, and proprietary rights. All content, graphics, logos, and ideas are the sole property of Success Springs, LLC. Software users, past customers, vendors, etc do not have any rights to said intellectual property other than the limited right of use as outlined in this Agreement and for the sole purpose of using the Software as a subscription. Your access to and use of the Software does not transfer ownership rights of any type or kind to you. You are not allowed to reproduce, create derivative works, sell, download, alter, modify, or redistribute any part of the Software, content or trademarks, intellectual property in any form.

Disclaimer of Warranties: YOUR ACCESS TO AND USE OF THE SOFTWARE AND/OR OUR WEBSITE IS AT YOUR OWN RISK. YOU AGREE THAT ACCESS TO AND USE OF THE SOFTWARE AND OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY, EXRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR OUR WEBSITE AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICES, AND YOU ASSUME ALL RISKS AND RESPONSIBILITY WITH RESPECT THERETO. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: [(I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT; (III) THE DELETION OF, OR FAILING TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATION MAINTAINED BY THE SERVICES; OR (IV) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ]

Limitation on Liability: TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT IN ANY MANNER WHATSOEVER FROM YOUR USE OF THE SERVICES, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY MATTER WHATSOEVER TO YOUR PURCHASE AND USE OF THE SOFTWARE AND ACCESS AND USE OF OUR OUR WEBSITE (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO US HEREUNDER.

User Names and Passwords: User names and passwords may not be shared with any third party, including any competitor of Quality Driven Software. If you would like to show someone your account in order for them evaluate the Software for possible use, please have them email us at: support@qualitydrivensoftware.com.

Terminations: We hold the right to terminate your subscription account for breaching any agreementss and conditions. If we terminate your service, you will not be entitled to any refund or any sum you have paid us. In the event of terminations, we hold the right to delete all of the data found within your account in our Software. You acknowledge that Success Springs, LLC shall not be liable to you for any termination of your access.

You agree that termination will not relieve you of any current, outstanding charges to your account.

Force Majeure: Success Springs, LLC will not be responsible for any delay, interruption, or other failure to perform to any certain standard or expectations due to acts beyond its reasonable control, but only for so long as such conditions persist. Force Majeure events include, but are not limited to: Natural disasters (ex: earthquakes, hurricanes, tornadoes, floods, lightening, etc), wars, riots, terrorists activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of our company.

If you have any questions, feedback, and/or suggestions about your use of the Software or the Website, or anything else you feel we ought to know, please send us an email at: support@qualitydrivensoftware.com.

Third Party Websites: We are not responsible for the practices employed by any websites or services linked to or from the Website, including the information or content contained within them. Please remember that when you use a link to go from using the Website to another website or service, neither this Agreement nor our Privacy Policy apply to those third-party websites or services. Your browsing and interaction on any third-party website or service is subject to that third party’s own rules and policies.

Miscellaneous: Our failure to enforce or exercise any right provided in this Agreement shall not be construed as a waiver of such right.

Should any provision of this Agreement be found invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect.

Any dispute between you and us shall be governed by this Agreement and the laws of the State of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Venue for any dispute shall be any court with sufficient jurisdiction in Travis County, Texas and you submit to the exclusive personal jurisdiction of such courts. Notwithstanding the foregoing, In the event of any dispute arising in any manner whatsoever out of this Agreement or the transactions contemplated hereby, the dispute shall first be attempted to be resolved via non-binding mediation with a mutually agreed upon mediator in Travis County, Texas.

In the event of any dispute between us arising out of these this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney fees and costs.

This agreement and our Privacy Policy constitute the entire agreement between us, and supersede any and all previous agreements between us with regard to the subject matter covered.

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