Terms and Conditions

1. Definitions

• Services: Software development, consulting, hosting, support, dashboards, APIs, and any other offerings we make available to you, including updates and related documentation.
• Content: Text, graphics, images, software, data, designs, and other materials we provide or that appear on our Services, excluding Your Content.
• You / User: The individual or entity that accesses or uses the Services, including any representative acting on your behalf.

2. Eligibility and acceptance

You represent that you have the legal capacity to enter into these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization. By using the Services you confirm that:

• You will comply with all applicable laws and regulations.
• All registration information you provide is accurate and you will keep it up to date.
• You are responsible for activity that occurs under your account credentials.
• You will not use the Services for unlawful, fraudulent, or abusive purposes.

3. Accounts and security

Some features require an account. You agree to:

• Maintain the confidentiality of your passwords and authentication methods.
• Notify us promptly of any unauthorized access or security breach related to your account.
• Accept that we may suspend or terminate accounts that violate these Terms or pose a security risk.

4. Acceptable use

You must not, and must not permit others to:

• Reverse engineer, decompile, or attempt to extract source code from our Services except where applicable law expressly permits.
• Interfere with or disrupt the integrity or performance of the Services or third-party data.
• Use the Services to transmit malware, spam, or harmful or illegal content.
• Scrape, crawl, or use automated means to access the Services in a way that impairs or overloads our systems without our prior written consent.
• Misrepresent your identity or affiliation, or access another user's account without permission.
• Use the Services in violation of export control, sanctions, or other trade compliance laws.

5. Fees, billing, and taxes

Fees for paid Services are described in an order form, proposal, or checkout flow. Unless stated otherwise, fees are in the currency indicated at the time of purchase and are non-refundable except as required by law or expressly agreed in writing.

You are responsible for any taxes, duties, or government charges associated with your purchase, other than taxes based on our net income. We may suspend paid Services for non-payment after reasonable notice.

• Recurring subscriptions renew according to the plan terms until canceled.
• We may change prices with reasonable advance notice where permitted by law and your agreement.

6. Intellectual property

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services during the term. Except for rights expressly granted:

• We and our licensors retain all rights, title, and interest in the Services and Content.
• You retain ownership of materials you provide ("Your Content") and grant us a license to host, process, and display Your Content as needed to provide the Services.
• Feedback you provide may be used by us without obligation or compensation to you.
• Our trademarks and branding may not be used without prior written permission.

7. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect confidential information and use it only for the purpose of providing or receiving the Services. Confidentiality obligations do not apply to information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.

• You will not disclose our non-public technical or business information without consent.
• We will handle personal data in accordance with our Privacy Policy.
• Specific confidentiality terms in a signed agreement prevail over this section when they conflict.

8. Disclaimers

To the maximum extent permitted by applicable law:

• The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.
• We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.
• Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent permitted.

9. Limitation of liability

To the maximum extent permitted by law, neither imSoft nor its suppliers will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or goodwill. Our aggregate liability arising out of these Terms or the Services will not exceed the greater of (a) the amounts you paid to imSoft for the Services in the twelve (12) months before the claim, or (b) one hundred U.S. dollars (USD $100), except where liability cannot be limited by law.

10. Indemnity

You will defend and indemnify imSoft and its directors, employees, and agents against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Services in violation of these Terms, or your violation of applicable law.

11. Term, suspension, and termination

These Terms remain in effect while you use the Services. We may suspend or terminate access if you materially breach these Terms or if required for legal or security reasons. Upon termination:

• Your right to use the Services ceases immediately unless we agree otherwise in writing.
• We may delete or retain your data according to our retention practices and applicable law.
• Sections that by their nature should survive (e.g., fees owed, IP, disclaimers, limitation of liability, indemnity) will survive termination.
• You may stop using the Services at any time; cancellation of paid plans is subject to the applicable billing terms.

12. Changes to these Terms

We may modify these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. If changes are material, we will provide additional notice as appropriate (for example, by email or an in-product notice). Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

13. Governing law and disputes

These Terms are governed by the laws applicable in Mexico, without regard to conflict-of-law principles. The courts located in Mexico shall have exclusive jurisdiction over disputes arising from these Terms or the Services, except where mandatory consumer protection laws require otherwise.

14. General

• These Terms, together with any order form or written agreement you sign with us, constitute the entire agreement regarding the Services and supersede prior oral or written understandings on the same subject.
• If any provision is held invalid, the remaining provisions remain in effect.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Our failure to enforce a provision is not a waiver of our right to enforce it later.

15. Contact

For questions about these Terms, contact us through our contact page or at the email address published on our website.