Introduction

These terms and conditions of use (the 'Terms of Use') govern your use of the Impakt Software website (the 'Site') as well as its services, products, software, and other offerings (collectively, the 'Services'). By accessing or using the Site or the Services, you agree to these Terms of Use, as well as our Privacy Policy, which is incorporated by reference.

If you do not accept these Terms of Use, you are not authorized to access the Site or use the Services. We reserve the right to modify these Terms of Use at any time. Therefore, we recommend that you read them carefully and regularly to stay informed of any changes.

1. Use of the Site and Services

1.1 Authorization to Use

Subject to compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable, and worldwide license to access the Site and use the Services. This license is for your personal, non-commercial use only. You may not use the Site or the Services for purposes other than those specified in these Terms of Use.

1.2 Prohibited Uses

You agree not to use the Site or the Services in a manner that:

(i) violates any local, national, or international law, rule, or regulation;

(ii) infringes upon intellectual property rights or other rights of third parties, or encourages or assists anyone to do so;

(iii) uploads, publishes, emails, transmits, or otherwise makes available any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;

(iv) uploads, publishes, emails, transmits, or otherwise makes available any content that constitutes or encourages conduct that could be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

(v) accesses or attempts to access user accounts or computer systems without authorization, or disrupts or compromises the security of servers or networks associated with the Services;

(vi) uses 'hacking' techniques or automated tools to collect information from the Site or the Services;

(vii) disrupts or interrupts the normal operation of the Site or the Services, or interferes with their use by other users;

(viii) bypasses security measures or access restrictions related to the Site or the Services.

1.3 Intellectual Property Rights

All intellectual property rights related to the Site and the Services, including trademarks, logos, domain names, designs, graphics, text, images, photographs, software, databases, and any other content, are the property of Impakt Software or its third-party providers and are protected by national and international copyright, trademark, and patent laws.

You agree not to copy, reproduce, distribute, modify, create derivative works, publicly display, publish, transmit, broadcast, sell, rent, license, or otherwise exploit the Site or the Services, except as expressly authorized by these Terms of Use or with our prior written consent.

1.4 User-Generated Content

The Site and the Services may allow users to upload, publish, email, transmit, or otherwise make available user-generated content ('User Content'). By uploading, publishing, emailing, transmitting, or otherwise making User Content available, you warrant that you have all necessary rights to do so and that such User Content does not infringe on intellectual property rights or third-party rights.

You acknowledge and agree that we are not responsible for User Content, and we assume no liability to you or any third party for such User Content. We reserve the right, in our sole discretion and without notice, to remove any User Content that violates these Terms of Use or is otherwise objectionable.

1.5 Third-Party Services

The Site and the Services may contain links to third-party websites or services that are not owned or controlled by Impakt Software. We have no control over these third-party websites or services, and we are not responsible for their content, privacy, or security practices. You use these third-party websites or services at your own risk.

2. Limitation of Liability

To the extent permitted by applicable law, Impakt Software shall not be liable for any damages, including direct, indirect, incidental, special, punitive, or consequential damages, arising from the use or inability to use the Site or the Services, or from any content or product obtained through the Site or the Services, including any loss of profits, loss of data, business interruption, or other financial loss, even if we have been advised of the possibility of such damages.

3. Modification of Services

We reserve the right to modify, suspend, or discontinue all or part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or interruption of the Services.

4. Termination

We may terminate your access to the Site or the Services at any time, for any reason, without notice. Upon termination, you must cease using the Site and the Services.

5. General Provisions

These Terms of Use constitute the entire agreement between you and Impakt Software regarding the use of the Site and the Services and supersede all prior or contemporaneous written or oral agreements between you and Impakt Software on this matter.

If any provision of these Terms of Use is found to be invalid or unenforceable by a competent court, that provision will be replaced by a valid and enforceable provision that reflects as closely as possible the initial intent of the invalid or unenforceable provision, and the other provisions of these Terms of Use will remain in effect.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.

These Terms of Use are governed and interpreted in accordance with French laws. Any dispute arising out of or related to the use of the Site or the Services shall be subject to the exclusive jurisdiction of French courts.

6. Contact

If you have any questions or concerns regarding these Terms of Use, please contact us at the following email address: contact@impaktsoftware.com.

Last updated: June 2023.