Terms of use

Last Updated:  March 1, 2023

Acceptance of Terms of Use

This Terms of Use Policy (“Policy”) governs your use of the services offered by Loftware, Inc. and its subsidiaries and affiliates (“Services”) and our website(s) including https://www.loftware.com/ (“Loftware Website”). The Services that Loftware provides to you are subject to the terms set forth in this Policy. Loftware reserves the right to update and modify the Policy at any time without notice to you. The most current version of the Policy can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the Loftware webpage on the website. This Policy further identifies activities that you and your organization are prohibited from engaging in when using the Loftware Website or any release of Services which link to this Policy. Loftware may modify this Policy by posting a revised version on the Loftware Website. By using the Services or accessing the Loftware Website, you agree to the latest version of this Policy. We encourage you to periodically review these guidelines to ensure you are in compliance.

Permissible Use

The Services and Loftware website are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print Loftware materials and content provided that: (a) the Loftware materials and content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the Loftware materials and content may not be modified or altered in any way, including any copyright notices.

Privacy and Protection of Personal Information

Please review the Privacy Policy relating to the collection and use of your data.

Ownership of Content

All content included in or made available through the Services and/or Loftware’s website, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of Loftware, its subsidiaries and affiliates, or its content providers (“Content”). Content is protected by applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States, United Kingdom, European Union, and other applicable international jurisdictions. All rights not expressly granted to you in this Policy are reserved and retained by Loftware or its licensors, suppliers, publishers, rightsholders, or other content providers.

Limitation of Liability

In no event will Loftware be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, production, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of Content, or provision of or failure to provide Services, or information available from the Services, and Loftware’s website.

Warranty

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY LOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN AND SOLE RISK.

LOFTWARE EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOFTWARE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, LOFTWARE’S WEBSITE, OR ELECTRONIC COMMUNICATIONS SENT FROM LOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

No Unlawful Activity or Prohibited Use of Content

You may not use, or facilitate or allow others to use, the Content, Services or the Loftware website in a way that is against applicable law.

This may include:

• any illegal or fraudulent activity such as gambling; piracy; violating copyright, trademark or other intellectual property laws such as uploading and distributing unlicensed licensed software;
• violating the rights of others;
• threatening, inciting, promoting, or actively encouraging violence, terrorism, or other serious harm;
• for any content or activity that promotes child sexual exploitation or abuse;
• threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason;
• violating the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
• Invading anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and consent;
• accessing or authorizing anyone to access the Services or Content from an embargoed or sanctioned country; or
• distributing, publishing, sending, or facilitating the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”).

Investigation and Enforcement

We may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any violation. Your use of any Content or Service administered through this site is governed by the terms and conditions of the agreement(s) under which you purchased any Services.

When determining whether there has been a violation of this Policy, we may consider your ability and willingness to comply with this Policy, including the policies and processes you have in place to prevent or identify and remove any prohibited content or activity.

If Loftware believes that unauthorized or improper use is being made of the Loftware Website, Content, or Services, it may, without notice and at its sole discretion, take such action as it deems appropriate. Violation of this Policy can lead to termination of a customer's account. Nothing in this policy is intended to grant any rights in the Loftware Website, Content, or Services. Failure to enforce this Policy in every instance does not amount to a waiver of Loftware’s rights.

Reporting of Violations

Please report any violation of this Policy to legal@loftware.com. When reporting by email, please include the words "Terms of Use Policy" in the subject.