Terms of Use

Introduction

StartupSoft LLC (hereinafter – the “Team”, “We”, “Our” and “’Us”) offers users and companies (hereinafter – the “You” or “Your”) services that are listed below (hereinafter – the “Services”). By using Our Services, You agree, on behalf of yourself and all members of Your household and others who use any Service under Your registration number, to the following conditions.

These Terms of Use (hereinafter – the “Terms”) govern Your use of Our Services, which are currently available at https://www.startupsoft.com/ (hereinafter – the “Website”). StartupSoft LLC, the owner and operator of the Website. 

In order to use Our Services, You must agree to all the Terms set forth below, without any objections or modifications to the Terms or to any operating rules and policies. By accepting these Terms, You also must agree with the Privacy Policy available at https://www.startupsoft.com/privacy-policy/.

You automatically agree to these Terms (1) by clicking the appropriate button on our Website or by making the appropriate settings in Your Web browser, or (2) through Registration on Our Website (as described below), or (3) when You interact with our Website.

Please read these Terms carefully before accessing or using Our Services. If You do not agree to the Terms and Our policies, You may not access or use Services.
We comply with the General Data Protection Regulation (the “GDPR”; Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), The California Consumer Privacy Act of 2018 (hereinafter – the “CCPA”), and other regulatory acts.  

Registration

To start receiving the Services, You need to book a consultation by filling out the “HIRE A TEAM” form, located on all pages of Our Website, or the “GET STARTED” form on the main page, or book a call on Our Website via the “BOOK A CALL WITH US” form on the “GET STARTED” page, and We will contact You in any convenient way. 

Please read Our Privacy Policy to know what data We collect about You.

Our Services

We offer the following range of the Services on Our Website: Product Development Outsource, Product Development Outstaff, QA, UI/UX, and other custom service packages. We reserve the right to offer You any other Services.

The terms of the Services are determined by a separate main cooperation agreement with Our potential client and Us.

Failed Charges

In the event of non-payment or delay in payment, We reserve the right to demand:

• Declare all amounts owed to Us to be past due and payable immediately;
• Immediately suspend access to the Services until the owed amounts are paid in full.

We will pause the involvement of our IT specialists in Your project, and You will temporarily or permanently lose the right to use the Services. After You have successfully paid off the debt You owe to Us, We will continue to involve our IT specialists in Your project. In the event that the debt is not paid by You for a long period of time, We shall reserve the right to terminate the main cooperation agreement unilaterally and apply the Arbitration Clause, which is obligatory provided for in the main cooperation agreement.

Termination and pause of Our Services

Termination and pause of use of Our Services shall be made in accordance with the provisions of the main cooperation agreement between the parties and in accordance with the Terms (as provided above). Also, You can send a notice to this effect by e-mail to: [email protected].

Intellectual property

The Website and other components are Our property, as well as the software, infrastructure, databases, and content of any kind (texts, images, visual effects, music, logos, brands, etc.) that we use or the property of their respective licensors. They are protected by all applicable intellectual property rights or the rights of the database owners. 

These Terms do not transfer any intellectual property rights. The transfer of intellectual property rights takes place in accordance with the approved provisions in the main cooperation agreement between Us and Our potential client (each cooperation is individually negotiated). 

Third-party links

Our Website may contain links to third-party websites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through such third party websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third party websites or services You visit.

Use policies

You are responsible for Your use of the Services and any information You share in connection therewith.
 
You agree that the Services will be used exclusively by You and/or users, who are subject to the same obligations, as You in fulfilling the obligations under the main cooperation agreement between Us and Our potential client.

As a user, You must be 18 years or older to use the Services. You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use the Services.

As a user, You agree to follow the acceptable Terms, which are designed to prevent fraud and abuse of Our Services, to ensure that all customers receive acceptable access to Our Services, and to protect the quality and integrity of Our Services.

As a user, You agree that the implementation of Our Services requires a connection to the Internet and that the quality of Our Services depends on this connection, for which We are not responsible.

If You use Our Services in any way which We reasonably determine (at Our sole discretion) may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Services or any of Our other customers or other unrelated parties, We reserve the right to suspend or terminate Your access without notice.

You indemnify Us against any claims and/or actions that may be brought against Us as a result of Your breach of Your obligations. You will refund Us any losses incurred and reimburse Us for any damages We may incur as a result of Your breach of Your obligations.

Our obligations

We make every effort to provide You with quality Services. For this purpose, We regularly improve Our qualifications, use licensed software, etc.

However, We are not responsible for any difficulties or temporary impossibility of access to Our Services due to force majeure (defined in the main cooperation agreement between the parties).

We do Our best efforts to ensure data security by implementing measures to protect the infrastructure and the Services, to detect and prevent malicious acts, and to recover data.
We may use subcontractors in the performance of the Services, who are subject to the same obligations as Us in providing the Services to You. However, We shall remain solely responsible to You for the proper performance of the Services.

We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship. We will inform You of any such substitution by any written means.

Limitation of liability

In no event shall We be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your use of the result of Our Services; (ii) any conduct or content of any third party on the Services; and (iii) unauthorized access, use, or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Governing law

These Terms shall be governed by the laws of the State of California, USA. All claims and/or controversies of every kind and nature arising out of or relating to these Terms shall be settled (a) at Ours election, by binding arbitration administered by the American Arbitration Association (hereinafter – the “AAA”) in accordance with its Commercial Arbitration Rules and, in such case (i) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (ii) each party shall bear its own costs of arbitration, (iii) all arbitration hearings shall be conducted in San Mateo, California, USA, and (iv) the provisions hereof shall be a complete defense to any suit, action, or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to these Terms and which is arbitrable as provided in these Terms, or (b) in the event that We don’t elect binding arbitration as permitted in point (a) above, exclusively in the United States District Court for the State of California or, if such Court does not have jurisdiction, in any court of general jurisdiction in State of California, USA, and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us with respect to Our Services, and supersede and cancel any prior agreements that may have been made between us with respect to the Services.

Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the changes are material, We will endeavor to provide a notice before any new terms become effective. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Services after these changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must send a notice to terminate Your use of the Services.