VendSoft Terms of Service Agreement
This VendSoft Terms of Service Agreement (“Agreement”) specifies the terms and conditions governing your (“You”) right to access and use the software and services provided via Trayam EOOD’s web-based vending machine management software (“VendSoft”).
“Trayam” EOOD is a company registered under the Laws of Republic of Bulgaria with headquarters in Sofia (hereinafter referred to as “Trayam EOOD”, “We” or ”Us”).
By accessing or using VendSoft, you are consenting to be bound by this Agreement. If you are agreeing to these terms on behalf of a company, corporation or other legal person, you represent and warrant that you have authority to bind that legal person to this Agreement, and your agreement to these terms will be treated as the agreement of legal person.
Article 1. License Grant
Subject to Your continuous compliance with the terms and conditions of this Agreement and the timely payment of all due fees Trayam EOOD hereby grants You a worldwide, nonexclusive, non-transferable and non-assignable limited right and license to access and use VendSoft software and services.
Article 2. Uses Not Permitted
Except as provided herein, You shall not sublicense, sell, rent, lease, lend, assign, provide as a remote Service (Software as a Service) or time-share VendSoft software and services.
Article 3. Login Credentials
You will register for by providing email and choosing a password (cumulatively “Login Credentials”), which combination will enable you to access VendSoft. Your use of these Login Credentials is governed by the terms of this agreement. Your Login Credentials should be considered private information and should not be shared with any third party.
Article 4. Your Data
- You may provide Trayam EOOD with files, documents, information (collectively “Data”), to be used via the VendSoft software (“Your Data”).
- All Your Data will remain Your sole property to the full extent provided by law.
- You will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Your Data.
- Trayam EOOD will not use Your Data for any purpose other than to provide the VendSoft service. Trayam EOOD may aggregate anonymous statistical data regarding use and functioning of its system for the purpose of optimising the service availability, scalability and performance. Such aggregated statistical data will be the sole property of Trayam EOOD.
- Trayam EOOD will use commercially reasonable security measures to protect Your Data against unauthorized disclosure or use.
Article 5. Limited License to Your Data
Subject to the terms and conditions of this Agreement, You grant to Trayam EOOD a non-exclusive license to use, copy, store, transmit and display Your Data to the extent reasonably necessary to provide and maintain the VendSoft service.
Article 6. Term
This Agreement shall become effective on the Effective Date, written above and shall remain in effect for perpetuity unless sooner terminated.
Article 7. Fees
- In consideration for the license rights granted herein, You agree to pay to Trayam EOOD a monthly subscription fee.
- The monthly subscription fee for using VendSoft shall be calculated according to the applicable pricing plan, as published on VendSoft’s website at: http://www.vendsoft.com/pricing
Article 8. Payment terms
All due fees for the usage of VendSoft shall be payable on a monthly basis in advance for the month to come.
Article 9. Ownership of Intellectual Property
- Trayam EOOD shall retain and own all right, title and interest and all Intellectual Property and Intellectual Property Rights in and to all of the VendSoft.
- Any modifications, improvements and/or further development of VendSoft software, resulting from any eventual services provided to You by Trayam EOOD shall be exclusive property of Trayam EOOD.
- You shall remain sole and exclusive owner of Your Data and any modifications to it, resulting from the usage of VendSoft.
Article 10. Your Obligations
- You shall not use VendSoft to transfer or exchange any material where such transfer or exchange is prohibited by intellectual property laws or any other applicable laws.
- Except to the extent that applicable law prohibits this restriction, You shall not make any attempt to circumvent the technological measure(s) that controls access to or use of VendSoft.
- You shall not redistribute your Login Credentials, or other access codes to third parties.
- You shall not remove or obscure any Trayam EOOD or its licensors' patent, copyright, trademark, or proprietary rights notices contained in or affixed to VendSoft.
- You shall not translate, disassemble, reverse engineer, decompile or otherwise attempt to reconstruct or discover any source code or underlying ideas or algorithms of, or embodied in the VendSoft.
Article 11. Marketing
- Trayam EOOD can mention and list You as a user of VendSoft, but except that neither party will issue any public announcement nor publish any materials that reference or discuss the other party or its products without the prior written consent of the other party.
- You are not allowed to publish reviews, comparisons, evaluation results obtained through the use of VendSoft without the written permission of Trayam EOOD.
Article 12. Termination
- Each party may terminate this Agreement by issuing 30 (thirty) days notice.
- Trayam EOOD reserves the right to immediately terminate this Agreement and the rights granted herein in Trayam EOOD’s sole discretion, if in Trayam EOOD reasonable opinion Your use of VendSoft violates this Agreement or is any way harmful or objectionable.
- Termination of this Agreement shall not limit or restrict any of the remedies otherwise available to the parties hereunder or at law.
Article 13. Warranties
Trayam EOOD represents and warrants that:
- it has the right and power to grant the licenses granted herein;
- it has the right to use any third party components utilized in VendSoft;
- there are no other agreements with any other party in conflict with such grant and
- it has no actual knowledge that the VendSoft software infringes any valid rights of any third party.
Article 14. Disclaimer of Warranty
- The VendSoft software, services, information or data made available at the VendSoft site are provided "AS IS", without warranties of any kind. Trayam EOOD makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the software or that the software may be relied upon for any reason or purpose.
- Trayam EOOD expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
- Trayam EOOD does not warrant that the use of VendSoft will be uninterrupted or error-free nor that the API, Documentation and/or the information obtained by the customer through the services will meet any requirements. Trayam EOOD is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and acknowledges that VendSoft and the Documentation may be subject to limitations, delays and other problems inherent to the use of such communications facilities.
Article 15. Limitation of Liability
- Under no circumstances shall Trayam EOOD be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the VendSoft service, data, API, Information or from the use of the internet generally.
- Trayam EOOD shall have absolutely no liability in connection with the software, services including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the usage of VendSoft or the lack of functionality available from VendSoft.
Article 16. Entire Agreement
This Agreement, including exhibits attached hereto, embodies the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings other than this Agreement relating to the subject matter hereof.
Article 17. Governing Law
All claims regarding this Agreement are governed by and construed in accordance with the Laws of Republic of Bulgaria, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in Sofia, regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.
Article 18. Third Party Components
Trayam EOOD may use complementary third party software components, tools and libraries with VendSoft. Trayam EOOD shall maintain on VendSoft website a list of such third party software components used in VendSoft.
Presently the following third-party products are distributed with VendSoft’s mobile application:
Article 19. Severability
If any provision of this Agreement is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions of the Agreement.
Article 20. Version
This is version 1.0 of VendSoft Terms of Service Agreement, approved on this 23th day of February 2015.