SoftPlan+ Terms of Service
February 19, 2013
TERMS OF SERVICE
The terms of service (the “Terms”) govern your access to and use of the features and services of SoftPlan+ ,
including website data sharing and available content (the “Services”), so please carefully read them before using
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an
organization, you are agreeing to these Terms for that organization and promising that you have the authority to
bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power
to form a contract with SoftPlan Systems Inc.
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or
modify the Services at any time without prior notice to you. We may also remove any content from our Services at
We may revise these Terms from time to time and the most current version will always be posted on our website. If a
revision, in our sole discretion, is material we will notify you using the SoftPlan+ startup screen. By continuing
to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you
do not agree to the new terms, please stop using the Services.
SoftPlan Systems Inc reserves the right to adjust the price of the services at any time.
By using our Services you provide us with information, files, and folders that you submit to the SoftPlan+
server. You retain full ownership of all your content.
If you contact SoftPlan Technical support regarding problems you may be having with any particular project you
agree to allow SoftPlan technicians access to your drawings to allow resolution of your problem and to modify any
data as may be required.
SoftPlan technicians will endeavor to minimize any alteration of your data but while attempting to resolve the
problem some data may be altered or removed unintentionally.
Following access to your data by SoftPlan personnel it is your responsibility to review the content to ensure
completeness and accuracy.
REDISTRIBUTION OF CONTENT
The SoftPlan+ services make available to you additional content including symbols and textures as well as
training material. You may not redistribute this content by any means including hard copy or internet sharing.
This content is provided for use within your SoftPlan projects and may be shared only as content integrated with
your SoftPlan projects.
Information you place into the SoftPlan+ services may be protected by intellectual property rights of others.
Please do not copy, upload, download, or share files unless you have the right to do so. You, not SoftPlan Systems
, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the
If your contact information, or other information related to your account, changes, you must notify us promptly and
keep your information current
If there is a charge associated with the services, you agree to pay that charge. The price stated for the
service excludes all applicable taxes, unless stated otherwise. You are solely responsible for paying such taxes or
We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or
cancellation of the services for non-payment will result in a loss of access to and use of your account and its
To pay the charges for a service, you will be asked to provide a credit card as payment method at the time you sign
up for that service. You agree to keep your billing account information current at all times.
We strive to keep the services up and running; however, all online services suffer occasional disruptions and
outages, and SoftPlan Systems Inc is not liable for any disruption or loss you may suffer as a result. You
should regularly backup the content that you store on the services. Having a regular backup plan and following it
can help you prevent loss of your content
Placing a copy of your SoftPlan project on SoftPlan+ servers will increase the probability that lost or
corrupted data can be successfully recovered, however SoftPlan Systems Inc makes no guarantee or warranty
that the system and service will avert, avoid or prevent the loss of data or information due to any combination of
natural disasters or technological or human failures.
SoftPlan Systems Inc shall not be liable for nonperformance, delay, errors, data loss, loss of profits,
business interruption or any other commercial damages caused by any event .
In the event the company should be found liable in any respect for loss, damage or injury due to a failure of
the equipment, software or services provided under this agreement, it's liability shall be limited to $250.00, as
the agreed upon liquidated damages and not as a penalty.
THIRD PARTY CLAIMS/INDEMNIFICATION.
SoftPlan Systems Inc shall not be liable for claims made against you arising out of your use of the programs, or
the services, and you hereby indemnify, defend and hold SoftPlan Systems Inc and its members, employees, agents and
affiliates, harmless from and against any and all claims, of every nature or type, that may be brought or asserted
against you or any of your members, employees, agents or affiliates by any other party arising out of (i) your use
of the programs or the services, (ii) your breach of its obligations, duties and responsibilities under this
agreement, or (iii) any breach or default by you under any representations, warranties, guarantees, or other
written or oral statements made by or on behalf of you or any person under your control
SOFTWARE AND UPDATES
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the
Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback,
comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other
technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United
States and foreign countries. These Terms do not grant you any rights to use the SoftPlan trademarks, logos, domain
names, or other brand features.
You can stop using SoftPlan+ Services any time by notifying SoftPlan Systems Inc. If you choose to cancel the
SoftPlan+ services your SoftPlan program will revert to the last fully paid program.
A program is considered fully paid if you either paid the full invoiced price, have paid all the installments when
purchased on an installment plan, or if the amount you have paid in SoftPlan+ fees is equal to the upgrade purchase
Drawings you have updated with the SoftPlan+ version will not be compatible with your older program. If you wish to
access these drawings you must purchase an upgrade to the current SoftPlan version
We reserve the right to suspend or end the Services at any time, with or without cause. We may suspend or terminate
your use if you are not complying with these Terms, or use the Services in any way that would cause us legal
liability or disrupt others’ use of the Services.
THE "SERVICES" ARE AVAILABLE “AS-IS”
You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the
entire risk as to satisfactory quality, performance, accuracy and effort is with you. to the maximum extent
permitted by applicable law, the licensed application and any services performed or provided by the licensed
application ("services") are provided "as is" and “as available”, with all faults and without warranty of any kind,
and SoftPlan Systems Inc hereby disclaims all warranties and conditions with respect to the licensed application
and any services, either express, implied or statutory, including, but not limited to, the implied warranties
and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of
quiet enjoyment, and non-infringement of third party rights. SoftPlan Systems Inc does not warrant against
interference with your enjoyment of the licensed application, that the functions contained in, or services
performed or provided by, the licensed application will meet your requirements, that the operation of the licensed
application or services will be uninterrupted or error-free, or that defects in the licensed application or
services will be corrected. no oral or written information or advice given by SoftPlan Systems Inc or its
authorized representative shall create a warranty. should the licensed application or services prove defective, you
assume the entire cost of all necessary servicing, repair or correction. some jurisdictions do not allow the
exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion
and limitations may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee without regard
to conflicts of law provisions.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to
be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of
these Terms, and the remainder of these Terms shall continue in full force and effect.