Terms and Conditions
Ecoachmanager SAAS Software Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions (“Terms”) govern your access to and use of the Ecoacmanager SAAS software (“Software”) provided by ECOACHMANAGER LTD (“Company”). By accessing or using the Software, you (“Customer”) agree to be bound by these Terms. If you do not agree to all of the Terms, you are not authorized to use the Software.
2. Software Description
The Software is a SAAS (Software as a Service) solution that provides features as a vehicle management system specifically designed for coach, minibus charter and tour companies . The specific features and functionality of the Software may vary depending on the plan you select.
3. License Grant
Company grants Customer a non-exclusive, non-transferable, limited license to access and use the Software during the Term (defined below) in accordance with these Terms. Customer shall not:
● Allow any third party to access or use the Software.
● Modify, reverse engineer, decompile, or disassemble the Software.
● Create derivative works based on the Software.
● Use the Software for any illegal or unauthorized purpose.
4. Term and Termination
The Term shall commence on the Effective Date (the date Customer first accesses the Software) and shall continue for the period selected by Customer (either annually or quarterly) (the “Term”). The Term shall automatically renew for successive periods of equal length unless terminated by either party upon written notice to the other party at least thirty (30) days prior to the end of the then-current Term. Company may terminate this Agreement for the reason of non-payment upon written notice to Customer.
5. Fees and Payment
Customer shall pay Company the applicable fees for the Software as set forth on the order form or quote (the “Fees”). Fees may be invoiced annually or quarterly in accordance with the chosen billing cycle. Payment is due within forteen (14) days of the invoice date. Customer shall be responsible for all applicable taxes.
6. Support
Company shall provide Customer with technical support for the Software during the Term. The specific level of support may vary depending on the plan you select.
7. Data Security
Company will use commercially reasonable efforts to safeguard Customer Data (data stored by the Software). However, Customer acknowledges that no security system is perfect and agrees that Company shall not be liable for any unauthorized access to or disclosure of Customer Data.
8. Confidentiality
Customer agrees to keep confidential all information relating to the Software that is not publicly known (the “Confidential Information”). Customer shall not disclose the Confidential Information to any third party without the prior written consent of Company.
9. Intellectual Property
The Software and all intellectual property rights therein are and shall remain the exclusive property of Company. These Terms do not grant Customer any ownership rights in the software.
10. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
Customer agrees to indemnify and hold harmless Company from any and all claims, losses, damages, expenses, and liabilities (including attorneys’ fees) arising out of or relating to Customer’s use of the Software.
13. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including acts of God, war, terrorism, strikes, or other labor disputes.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of your business operating address.
15. Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
16. Amendment
These Terms may be amended only by a writing signed by both parties.
17. Waiver
No waiver by either party of a breach of any provision of these Terms shall be deemed a waiver of any subsequent breach.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
19. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail