Softvivor Website Terms

1.1 Informational Nature. The Website is a corporate, informational showcase site intended to provide general information about Softvivor, our capabilities, and how to contact us. The Website is not a software-as-a-service application, does not provide a user dashboard, and does not offer account creation, login functionality, shopping cart features, or on-site payment processing.

1.2 No Commercial Transactions on the Website. The Website does not sell products or services, process orders, or accept payments. Any commercial relationship with Softvivor (if any) is governed by separate written agreements executed between Softvivor and the relevant counterparty.

1.3 No Operational Support. The Website is not intended for operational support requests for third-party products, third-party domains, or any other Softvivor-affiliated brands. The Website may contain links to other domains; those domains may have their own terms and policies, and your use of those domains is governed by the terms and policies posted on those domains.

2.1 Acceptance. By accessing or using the Website, you represent that you have read, understood, and agree to these Terms. If you are using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.2 Updates to Terms. We may modify these Terms from time to time in our sole discretion. We will update the "Last Updated" date when changes are posted. Your continued use of the Website after any changes are posted constitutes your acceptance of the updated Terms. If you do not agree to any updated Terms, you must stop using the Website.

2.3 Electronic Communications. By using the Website or contacting us through the Website, you consent to receive communications from us electronically (for example, by email), and you agree that such communications satisfy any legal requirement that communications be in writing.

3.1 18+ Audience. The Website is intended for a general audience in a business-to-business (B2B) context and is not directed to children. You must be at least 18 years old to use the Website.

3.2 No Knowing Collection from Minors. We do not knowingly solicit or accept information through the Website from individuals under 18. If you believe that a minor has provided personal information to us through the Website, please contact us so that we can take appropriate action.

For purposes of these Terms:

• "Website" means softvivor.com and its pages, content, and functionality made available through that domain.
• "Content" means all text, graphics, designs, user interface elements, logos, trademarks, service marks, brand features, images, photographs, videos, audio, documents, compilations, "look and feel," code (including HTML/CSS/JS), and any other materials on or made available through the Website.
• "Softvivor Marks" means Softvivor's trademarks, service marks, trade names, logos, and brand identifiers, whether registered or unregistered.
• "You" or "User" means any person or entity that accesses or uses the Website.
• "Submission" means any information or materials you submit to us through the Website, including via any "Contact Us" form fields (e.g., name, surname, email, phone number) and any message content you provide.

5.1 Limited License. Subject to your compliance with these Terms, Softvivor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Content solely for your internal, lawful, non-commercial informational purposes.

5.2 Reservation of Rights. Except for the limited license expressly granted in Section 5.1, Softvivor reserves all rights, title, and interest in and to the Website and Content. No rights are granted by implication, estoppel, or otherwise.

5.3 No Ownership Transfer. Your use of the Website does not grant you ownership of any Content or intellectual property rights, nor does it grant you any right to use any Softvivor Marks except as expressly permitted in writing by Softvivor.

You agree that you will not, and will not attempt to, directly or indirectly:

6.1 Unlawful or Harmful Use. Use the Website in any manner that violates any applicable law or regulation, or that could harm Softvivor, its business, its reputation, or any third party.

6.2 Security and Interference.

• Interfere with, disrupt, degrade, or impair the integrity or performance of the Website or any systems or networks used to host the Website.
• Attempt to gain unauthorized access to any portion of the Website, servers, systems, or networks, including through hacking, password mining, or any other means.
• Probe, scan, or test the vulnerability of the Website or any related system or network, or breach or circumvent any security or authentication measures.

6.3 Automated Access; Scraping; Data Harvesting.

• Use bots, spiders, scrapers, crawlers, automated scripts, or other automated means to access the Website for any purpose, including monitoring, copying, extracting, or collecting Content or information.
• Systematically retrieve, index, mine, "screen scrape," or "data scrape" Content or other data from the Website, whether for training machine learning models, building datasets, competitive intelligence, or any other purpose, without Softvivor's express prior written consent.
• Bypass or attempt to bypass any measures we may use to prevent or restrict access, including rate limits, robot exclusion headers, or other technical controls.

6.4 Copying and Derivative Works. Copy, reproduce, republish, upload, post, transmit, distribute, display, perform, modify, translate, adapt, create derivative works of, or exploit any Content, in whole or in part, except as expressly permitted by these Terms or with our prior written consent.

6.5 Misrepresentation and False Association.

• Misrepresent your identity or affiliation with any person or entity.
• State or imply that Softvivor endorses you, your products, or your services without our prior written consent.
• Use the Website or Content to make false, deceptive, or misleading statements about Softvivor or any third party.

6.6 Competitive Use. Use the Website or Content to develop, offer, or support a competing product or service, or to benchmark or conduct competitive analysis through automated or systematic extraction of Content, without Softvivor's express prior written permission.

6.7 Linking and Framing.

• You may link to the Website in a fair and lawful manner that does not damage Softvivor's reputation or take advantage of it.
• You must not establish a link in a way that suggests any form of association, approval, or endorsement by Softvivor where none exists.
• You must not frame the Website or incorporate substantial parts of the Website into any other site or service without Softvivor's prior written consent.

7.1 Ownership of Content and Website. The Website and all Content are owned by Softvivor and/or its licensors and are protected by U.S. and international intellectual property laws, including copyright, trademark, trade dress, and unfair competition laws.

7.2 Softvivor Marks. The Softvivor Marks are the exclusive property of Softvivor. You must not use, register, adopt, or attempt to register any trademark, service mark, domain name, social media handle, or other identifier that is confusingly similar to any Softvivor Mark, or that could dilute, tarnish, or otherwise harm Softvivor's rights, goodwill, or reputation.

7.3 No Implied License. Except as expressly provided in these Terms, nothing in the Website or Content grants any license or right to use any Softvivor intellectual property. Any unauthorized use is strictly prohibited.

7.4 Protection Against Copying, Cloning, and "Look-and-Feel" Misappropriation. You acknowledge that the Website's design, layout, structure, selection, arrangement, and presentation of Content constitute protectable intellectual property and trade dress. You agree not to copy or imitate the "look and feel" or other distinctive visual elements of the Website, whether for commercial use, competitive purposes, or otherwise.

7.5 Submissions via Contact Forms.

• No Confidentiality by Default. Unless and until a separate written agreement (e.g., an NDA) is executed by Softvivor, any Submission you provide through the Website is not considered confidential, and Softvivor has no obligation to treat it as confidential.
• No Restricted Information. You agree not to submit sensitive personal information (such as government identification numbers, financial account numbers, or card numbers), passwords, one-time codes, or any information you are not legally permitted to share.
• Accuracy and Authority. You represent and warrant that all Submissions are accurate to the best of your knowledge, and that you have all rights and authority necessary to provide them.

7.6 Feedback and Ideas. If you provide Softvivor with suggestions, ideas, enhancement requests, or other feedback about Softvivor or its business, you grant Softvivor a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose, without restriction and without any compensation to you.

7.7 Enforcement. Softvivor may, in its sole discretion, investigate suspected violations of these Terms and may take any action it deems appropriate, including restricting access to the Website, issuing takedown requests, or pursuing legal remedies.

8.1 Third-Party Links. The Website may contain links to third-party websites, platforms, or services (including websites operated by Softvivor-affiliated brands) that are not owned or controlled by Softvivor. These links are provided solely for convenience and informational purposes.

8.2 No Control or Endorsement. Softvivor does not control, endorse, monitor, or assume responsibility for any third-party websites, content, products, services, privacy practices, or terms of use. Your access to and use of any third-party website is at your own risk and subject to the terms and policies of that third party.

8.3 Separate Policies for Other Domains. Each third-party or affiliated domain may maintain its own terms of use and privacy policy. These Terms apply only to softvivor.com and do not govern your use of any other domain or service.

9.1 Privacy Policy Incorporated by Reference. Personal data collected through the Website is processed in accordance with Softvivor's Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you acknowledge that you have reviewed the Privacy Policy.

9.2 Limited Data Collection. The Website collects personal data only when you voluntarily submit information through contact forms or similar communication channels. The Website does not support user accounts, billing, or payment processing.

9.3 No Guarantee of Transmission Security. While Softvivor implements reasonable technical and organizational measures to protect information, no transmission over the internet is completely secure. You acknowledge that submissions made through the Website are at your own risk.

10.1 Website and Content Provided "As Is." THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

10.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTVIVOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND AVAILABILITY.

10.3 Informational Purposes Only. ALL CONTENT ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. NOTHING ON THE WEBSITE CONSTITUTES, OR SHOULD BE CONSTRUED AS, LEGAL, FINANCIAL, TECHNICAL, COMMERCIAL, OR PROFESSIONAL ADVICE OF ANY KIND.

10.4 No Reliance. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT RELY ON THE WEBSITE OR CONTENT AS THE BASIS FOR ANY BUSINESS, TECHNICAL, INVESTMENT, OR COMMERCIAL DECISION. ANY RELIANCE ON THE WEBSITE OR CONTENT IS SOLELY AT YOUR OWN RISK.

10.5 Availability and Errors. Softvivor does not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Content may be outdated, incomplete, or inaccurate at any time.

11.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOFTVIVOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTVIVOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

11.3 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Softvivor's liability shall be limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Softvivor and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your use of the Website;
• your violation of these Terms;
• your violation of any applicable law or regulation;
• any Submission or Feedback you provide through the Website.

13.1 Right to Restrict Access. Softvivor reserves the right, in its sole discretion and without notice, to suspend, restrict, or terminate your access to the Website at any time for any reason, including suspected violations of these Terms.

13.2 No Obligation to Continue Website. Softvivor may modify, suspend, or discontinue the Website or any portion thereof at any time, temporarily or permanently, without liability to you.

14.1 Governing Law. These Terms and any dispute arising out of or relating to the Website shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.

14.2 Venue. You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction and venue of such courts.

15.1 Entire Agreement. These Terms constitute the entire agreement between you and Softvivor regarding your use of the Website and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

15.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver. No failure or delay by Softvivor in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy.

15.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Softvivor's prior written consent. Softvivor may freely assign these Terms without restriction.

15.5 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

If you have any questions about these Terms or the Website, you may contact Softvivor at: Softvivor, Inc., Palo Alto, California, USA, Email: legal@softvivor.com.