EZChildTrack SaaS is owned by GTSoft Inc. This Agreement is a legal agreement between you and GTSoft Inc. By clicking "I AGREE" indicating acceptance electronically, accessing EZChildTrack SaaS, or using EZChildTrack SaaS, you agree to these terms. If you do not agree to these terms, then do not indicate acceptance of the Agreement and do not use EZChildTrack SaaS.
1. Agreement
1.1 This Agreement describes the terms governing your use of EZChildTrack SaaS including content, updates, and new releases (collectively, the “Software”) and gives you certain rights and responsibilities more fully described herein.
1.2 An "Affiliate" means all GTSoft Inc. companies and subsidiaries that directly or indirectly control or are controlled by GTSoft Inc., or are under common control with GTSoft Inc. As used in this Agreement, “control” means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
2. License Grant and Restrictions
2.1 EZChildTrack SaaS is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to use EZChildTrack SaaS, and GTSoft Inc. reserves all other rights in EZChildTrack SaaS not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, GTSoft Inc. grants you a personal, limited, nonexclusive, nontransferable, revocable license to use EZChildTrack SaaS only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with GTSoft Inc.’s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by GTSoft Inc. for EZChildTrack SaaS.
2.2 You acknowledge and agree that EZChildTrack SaaS is licensed, not sold. You agree not to use EZChildTrack SaaS in a manner that violates any applicable law, regulation, or this Agreement. For example, unless authorized by GTSoft Inc. in writing, you agree you will not: Provide access to or give EZChildTrack SaaS or any part of EZChildTrack SaaS to any third party; Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade, or resell EZChildTrack SaaS; Transfer your license to EZChildTrack SaaS to any other party without express written permission from GTSoft Inc.; Attempt unauthorized access to any other GTSoft Inc. systems that are not part of EZChildTrack SaaS; Permit any third party to benefit from the use or functionality of EZChildTrack SaaS via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or Upload, host, use, or access EZChildTrack SaaS via a timesharing, service bureau, virtualization, application hosting, or other remote access arrangement.
If you violate any of these terms, this Agreement and your license to use EZChildTrack SaaS may be terminated by GTSoft Inc. in its sole discretion.
3. Content
You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") uploaded, posted, or stored through your use of EZChildTrack SaaS. You grant GTSoft Inc. a worldwide, royalty-free, nonexclusive license to host any content provided through your use of EZChildTrack SaaS. You agree not use EZChildTrack SaaS for any illegal purpose or in violation of any applicable local, state, federal, or international law.
4. Automatic Update Feature
From time to time, GTSoft Inc. may automatically update or other modify EZChildTrack SaaS, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with GTSoft Inc.’s or third parties’ servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of EZChildTrack SaaS, including, but not limited to, functions you may rely upon. You acknowledge and agree that such activities may occur at GTSoft Inc.’s sole discretion and that GTSoft Inc. may condition continued use of EZChildTrack SaaS upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, EZChildTrack SaaS for purposes of this Agreement. By acceptance of this Agreement, you consent to such update/modifications.
5. Disclaimer of Warrenties
YOUR USE OF EZCHILDTRACK SAAS AND CONTENT ACCESSIBLE THROUGH EZCHILDTRACK SAAS IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, EZCHILDTRACK SAAS IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GTSOFT INC. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT EZCHILDTRACK SAAS IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT IN OR LINKED TO EZCHILDTRACK SAAS. GTSOFT INC. AND ITS AFFILIATES DO NOT WARRANT THAT EZCHILDTRACK SAAS IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. FURTHER, GTSOFT INC. DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT, OR DATA TRANSMITTED THROUGH EZCHILDTRACK SAAS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
6. Limitation of Liability and Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF GTSOFT INC. AND ITS AFFILIATES FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR EZCHILDTRACK SAAS DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, GTSOFT INC. AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS, OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET GTSOFT INC. SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF GTSOFT INC. AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (C) any default or delay of GTSoft Inc.’s performance due to causes beyond its reasonable control, INCLUDING BUT NOT LIMITED TO acts of God, natural disasters, terrorist acts, war, labor disputes, civil disturbances, OR the actions or omissions of third parties. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF GTSOFT INC., AND ITS AFFILIATES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO EZCHILDTRACK SAAS AND ITS USE. To the fullest extent permitted by law, you agree to indemnify and hold GTSoft Inc. and its Affiliates harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of EZChildTrack SaaS or breach of this Agreement (collectively referred to as "Claims"). GTSoft Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by GTSoft Inc. in the defense of any Claims.
7. Termination
GTSoft Inc. may immediately and without notice terminate this Agreement or suspend or terminate access to EZChildTrack SaaS if you fail to comply with these terms.
8. Governing Law and Jurisdiction
Texas state law governs this Agreement without regard to its conflicts of law’s provisions. To resolve any legal dispute arising from this Agreement, you and GTSoft Inc. agree to the exclusive jurisdiction of state courts in Fort Bend County, Texas, U.S.A. or federal court for the Southern District of Texas. You are using EZChildTrack SaaS on your own initiative and you are responsible for compliance with all applicable laws.
9. General
This Agreement is the entire agreement between you and GTSoft Inc. and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of GTSoft Inc. However, GTSoft Inc. may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by GTSoft Inc. or (c) a successor by merger. Any assignment in violation of this Section shall be void.