SoftKerr Website Terms of Use

"SoftKerr" or "we" or "us" refers to SoftKerr, SL (Societat Limitada), registered address: Av. de les Nacions Unides, 40, 6-1, Edifici A Tower, Escala A, AD700 Escaldes-Engordany, Principat d’Andorra., a development and design agency, including its officers, directors, employees, agents, and affiliates."Website" refers to SoftKerr's website located at softkerr.com, including any subdomains, mobile versions, and related content and functionality. "Services" refers to the development, design, marketing, and other services provided by SoftKerr, as well as any related software, documentation, and other materials provided by SoftKerr through your use of the Website’s Contacts form. Any paid services are governed by a separate agreement (e.g., MSA/SOW) entered into with SoftKerr.

These Terms of Use ("Terms") govern your access to and use of our Website ("Services"). By accessing or using our Services, you agree to be bound by these Terms. Any paid design/development work is governed by a separate master services agreement, statement of work, or similar contract between you and SoftKerr; in case of conflict, such signed agreement prevails over these Terms.

Please read these Terms carefully. If you do not agree to these Terms, you must not access or use our Services through our Website.

The collection and use of personal data in connection with the Website are governed by our Privacy Policy and Cookie Policy (together, the “Privacy Documents”). These Terms do not modify your rights or our obligations under the Privacy Documents. If there is any conflict between these Terms and the Privacy Documents regarding the processing of personal data, the Privacy Documents shall prevail. Links to the Privacy Policy and Cookie Policy are provided on the Website, and you may manage your cookie choices at any time via the “Manage cookies” control.

You must be at least 18 years of age to use our Services, unless you are between the ages of 14 and 18 (or the age of majority established by law in the user's jurisdiction) and are under the supervision of a parent or legal guardian who has agreed to these Terms. Individuals under the age of 14 are prohibited from requesting our Services. By accessing or using our Services, you represent and warrant that you meet the above requirements and are capable of entering into a legally binding agreement.

Where a higher minimum age is required by applicable law (including the age of majority or the “digital consent” age for information society services in your country), that higher age applies. In the European Economic Area and the United Kingdom, if you are below the applicable digital consent age (which ranges from 13 to 16 depending on the country), any consent required for cookies, analytics, advertising, or similar processing must be provided or authorized by your parent or legal guardian. In the United States, we do not knowingly collect personal information from children under 13 (COPPA). We may request and verify parental/guardian consent and may refuse, suspend, or terminate access if appropriate consent/authority is not provided or if age is misrepresented. If you are a parent or legal guardian who permits a minor to use the Services, you agree to be responsible for the minor’s activity and compliance with these Terms.

Subject to these Terms, SoftKerr grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Website solely for your personal and non-commercial use. No other rights are granted. You may not reproduce, distribute, publicly display, create derivative works from, or otherwise exploit any part of the Website or its content except as expressly permitted by these Terms. You must not remove or alter any copyright, trademark, or other proprietary notices. All rights not expressly granted are reserved by SoftKerr. This license is conditioned on your continued compliance with these Terms (including the Restrictions/Acceptable Use section); SoftKerr may suspend or terminate this license at any time in case of breach or to protect the Website.

We may suspend or terminate your access to the Website, remove or disable offending content, preserve information, and notify or cooperate with law-enforcement or regulators if we believe a violation has occurred. We may also seek any remedies available at law or in equity.

The Services may contain links to third-party websites, services, or resources. SoftKerr is not responsible for the content, products, or services available from such third parties. You are solely responsible for and assume all risks arising from your use of any third-party websites, services, or resources.

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of SoftKerr or its licensors and is protected by intellectual property laws. You may not use any of our content without our prior written consent. “SoftKerr,” our logos, and any related names, product or service names, designs, and slogans are trademarks or trade dress of SoftKerr or its affiliates. You may not use our marks without our prior written permission. Third-party names and logos on the Website are the property of their respective owners and are used for identification purposes only. If you submit ideas, suggestions, or proposals regarding the Website or our Services (“Feedback”), you grant SoftKerr a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such Feedback for any purpose, without restriction or compensation, and you waive any moral rights to the extent permitted by law. You have only the right to view the Website and use the Website to order the Services. As a condition of using the Website, You warrant to Us that You will not use it for commercial purposes or any other purposes that are illegal or prohibited by these Terms. Such use of the Website does not include any rights to: (a) sell or commercially exploit any part of the Website; (b) copy, distribute, publicly use, and publicly display any part of the Website; (c) modify any part of the Website or remove notices of titles; or (d) reconstruct or extract the source code of this software. If you believe that any material on the Website infringes your intellectual property rights, please notify us at email with sufficient detail to identify the material and your rights. We will review and respond consistent with applicable law, and may remove or disable access to alleged infringing content.

The Website is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SoftKerr does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.

Your use of the Website is at your own risk, and you are responsible for implementing appropriate safeguards (such as anti-virus and backups).

The Website may link to or integrate third-party websites, tools, or services; your use of any such Third-Party Services is at your own risk and is subject to those third parties’ terms and privacy notices, and we make no warranties regarding them.

For clarity, references to “Services” in this section refer solely to the informational/lead-generation services provided via the Website; any paid professional services are governed by a separate signed agreement (e.g., MSA/SOW), and nothing in this section limits any warranties expressly provided in such agreement.

No Professional Advice. Content on the Website is provided for general informational purposes only.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Andorra, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Andorra la Vella, Principat d’Andorra. Nothing in this section limits any mandatory rights that cannot be waived under applicable law (including non-waivable consumer protection rights). Notwithstanding the foregoing, SoftKerr may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Website.

SoftKerr reserves the right, in its sole discretion, to modify or replace these Terms at any time without prior notice to users. The updated version of the Terms will be posted on our website and it is your responsibility to review the Terms periodically. Your continued access to or use of our Services after any revisions become effective constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

These Terms constitute the entire agreement between you and SoftKerr concerning your access to and use of the Website and if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

The failure of SoftKerr to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you have any questions or concerns about these terms of use, please contact us at email. We will make every effort to respond as soon as possible, but please note that it may take up to 30 days to receive a response.