POW Software Website – Terms and Conditions

Last updated: October 21, 2021

POW Software SARL, Pech Delluc, Cours, 46090 Bellefont La Rauze, France, specialises in software development for IT professionals.

These Terms and Conditions apply to the POW Software Website located at www.pow-software.com

Please read these terms and conditions carefully before using Our Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

“Account” refers to a unique account created for You to access our WebSite or parts of our WebSite.

“Feedback” refers to feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our WebSite.

“POW Software” (also referred as “the Company”, “We”, “Us” or “Our”) refers to the company POW Software SARL, Pech Delluc, Cours, 46090 Bellefont-La-Rauze, France.

“Products” refers to the entirety of the services offered by POW Software.

“Subscriptions” refers to the Products or access to the Website offered on a subscription basis by POW Software to You.

“Terms and Conditions” (also referred as “Terms”) refers to these terms and conditions that form the entire agreement between You and POW Software regarding the use of the Website.

“Third-party Social Media Service” refers to any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

“Website” refers to POW Software web site, accessible from https://www.pow-software.com/

“You” (also referred as “Your”) means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and POW Software. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Website.

You represent that you are over the age of 18. POW Software does not permit those under 18 to use the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Products and Subscriptions

Products

Products descriptions are presented on the Website and can be consulted before your order. Photographs and pictures have no contractual value.

Products are only available as Subscriptions, which can be free or paid. You may subscribe to one or more of the Products. They may be subject to separate and distinct Product Plans.

Each Product has its own terms and conditions which can be found in the Documentation section of the Website.

Placing an order

The choice of Products, after having studied their features, is made under your sole responsibility and liability according to your needs such as you previously determined them before any order. A summary of the order will be displayed for review. If You, after having agreed to these Terms and Conditions and to the Product description, clicks on the Order Button the contract is concluded when the subsequent page loads successfully and a subscription number is provided.

An Account is required to place and order. If You do not own an Account, an Account will be created for You during the order process.

Subscription period

Products and some parts of the Website are available only with a valid Subscription, which can be free or paid.

In the case of a paid Subscription, You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or POW Software cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting POW Software. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to use the Products and to access the Website until the end of Your current Subscription period.

Billing

You shall provide POW Software with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, POW Software will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

POW Software, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

POW Software will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Products or the Website after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

We firmly believe in and stand behind all our Products, but we understand that they cannot work perfectly for everyone all of the time.

POW Software offers a 30-day money back guarantee for each of its paid Subscriptions, regardless of the Subscription plan.

If, for any reason, You are not completely satisfied with the Product You have purchased from Us or if it does not meet Your expectations, You must notify Us within 30 days of the date of the original purchase and we will issue a refund.

We do not grant refunds on renewal payments. We will send you an email 2 weeks prior to your renewal date, and you may use this opportunity to cancel your subscription before the renewal payment is automatically processed.

If You have purchased Your Subscription by credit card, the refund is re-credited to the account associated with the credit card used for the order.

To request a refund, please contact POW Software with the following information:
– Your contact information (last name, first name, address, email, phone number)
– Your invoice number
– The reason for your return
After receiving your request, we will proceed to the refund as soon as possible. Once refund is made, you will no longer be able to use the Products and some parts of the Website.

Downloading Products

When a Subscription provides access to downloadable Products, these Products can be downloaded from Your Account.

Free versions

The Company may, at its sole discretion, offer free versions of its Products. These free versions may be time-limited and limited in functionality.

You may be asked to enter Your billing information in order to sign up for the free trial. However, You will not be invoiced by the Company for a free version.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free version offer.

Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.

You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of POW Software and its licensors.

The Website is protected by copyright, trademark, and other laws of both France and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of POW Software.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant POW Software a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.

POW Software has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that POW Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Products and the Website will cease immediately. If You wish to terminate Your Account, You may simply ask Us.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of POW Software and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 EUR if You haven’t purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall POW Software or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if POW Software or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, POW Software, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, POW Software provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither POW Software nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of POW Software are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of France, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Website is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Website. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to use Our Products or to access Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: