These Terms and Conditions (“Terms”) govern your use of Optech
Billing Software (“the Software”) provided by Optech
Billing Software Company (“Optech,” “we,”
“us,” or “our”). By accessing or using the Software, you agree
to be bound by these Terms. If you disagree with any part of the Terms, you may not
access the Software.
License: a. Optech grants you a limited, non-exclusive, non-transferable, revocable
license to use the Software solely for your internal business purposes. b. You may
not sublicense, sell, distribute, lease, or otherwise transfer the Software to any
third party without prior written consent from Optech.
User Accounts: a. You may be required to create a user account to access certain
features of the Software. You are responsible for maintaining the confidentiality of
your account credentials and for all activities that occur under your account. b.
You agree to provide accurate, current, and complete information when creating your
account and to update such information promptly if there are any changes.
Fees and Payments: a. You agree to pay all fees associated with your use of the
Software as set forth in the pricing plan provided by Optech. b. Fees are
non-refundable except as expressly provided in these Terms or as required by
applicable law. c. Optech reserves the right to change the fees and billing methods
upon thirty (30) days’ notice to you.
Intellectual Property: a. The Software and all intellectual property rights therein
are owned by Optech or its licensors. You acknowledge that you have no ownership
rights in the Software. b. You agree not to modify, adapt, translate, reverse
engineer, decompile, disassemble, or create derivative works based on the Software.
Data Privacy: a. Optech may collect and process personal data in accordance with its
Privacy Policy, which is incorporated into these Terms by reference. b. You agree to
comply with all applicable data protection laws and regulations in connection with
your use of the Software.
Warranty Disclaimer: a. THE SOFTWARE IS PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OTECH
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. b. Optech does not warrant that the
Software will be uninterrupted or error-free, or that any defects will be corrected.
Limitation of Liability: a. IN NO EVENT SHALL OTECH BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. b. OTECH’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED
TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE
SOFTWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Governing Law and Dispute Resolution: a. These Terms shall be governed by and
construed in accordance with the laws of [Jurisdiction], without regard to its
conflict of laws principles. b. Any dispute arising out of or in connection with
these Terms shall be resolved through arbitration administered by [Arbitration
Institution] in accordance with its rules, and the seat of arbitration shall be
[City, State/Country].
Amendments: Optech reserves the right to update or modify these Terms at any time
without prior notice. Any changes will be effective immediately upon posting the
revised Terms on the Optech website or through the Software. Your continued use of
the Software after such changes constitutes acceptance of the updated Terms.
Entire Agreement: These Terms constitute the entire agreement between you and Optech
regarding your use of the Software and supersede all prior or contemporaneous
agreements, representations, warranties, and understandings, whether oral or
written.
If you have any questions about these Terms, please contact us at [admin@optechsoft.com].
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