End-User License Agreement (EULA) of Rectify
Updated April 2019
This End-User License Agreement ("EULA") is a legal agreement between you and Rectify.
This EULA agreement governs your acquisition and use of Rectify software ("Software") directly from Rectify or indirectly through a Rectify authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation and/or sign up process and using the Rectify software. It provides a license to use the Rectify software and contains warranty information and liability disclaimers.
If you register for a free trial of the Rectify software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Rectify software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software.
This EULA agreement shall apply only to the Software supplied by Rectify. The terms also apply to any Rectify updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery.
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Rectify.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United States.
I. DEFINITIONS
i. Rectify means: Rectify, Inc. registered at P.O. Box 1092, Austin, TX 78767.
ii. “Software” means all built-in components and components provided via the Internet or other means, such as executable files, help files, demonstration files, example files and other types of files; libraries, databases, samples and accompanying materials (such as images, photographs, animated images, audio and video components and music), printed materials and other components of the Application.
iii. “User Data” means any data, information or materials uploaded or provided by You (or other persons authorized by You to use the Service) for use by the Service, except for personal data you may have uploaded when using the Service. The Rectify Privacy Policy (available at https://www.rectifydata.com/privacy-policy) contains terms governing personal data. You shall comply with all applicable local, public, national and international laws, contracts and regulations, and shall bear sole responsibility for the violation thereof, in respect of User Data, including laws, contracts and regulations regarding copyright, confidentiality of data, international communication, and the transfer and dissemination of information, including without limitation technical and personal information. Rectify may view User Data, but only to the extent this is necessary to provide the Service.
iv. You agree that You bear sole liability for any violations of legislation, international agreements or procedures in relation to any Personal Data, including personal or confidential information. You shall indemnify Rectify and hold it harmless against all claims, legal proceedings, expenses, liabilities and damages, including attorney’s fees, related to or arising from User Data.
v. In the event that User Data causes the Service to fail, leads to abnormal usage of computing resources or other exceptional cases related to the functionality of the Service, Rectify may use User Data at any time and without limitations, but only for the purpose of improving the quality of service.
vi. "Intellectual Property Rights" means all intellectual and industrial property rights and includes rights to (i) inventions, discoveries, and letters patent including applications therefor, reissues thereof, and continuation and continuations in part; (ii) copyrights; (iii) designs; (iv) trademarks, service marks, and similar rights; (v) know-how, trade secrets and confidential information; and (vi) other proprietary rights.
vii. “License” means the limited right to install and use the functionality of the Software under a simple (non-exclusive) license in accordance with the terms of this Agreement.
II. SUBJECT MATTER
i. This Agreement governs the use of the Service and any materials and resources available in the Service.
ii. RECTIFY may grant You the right to use the Service and Additional Service Features.
iii. RECTIFY reserves all rights to the Service and other intellectual property of RECTIFY except for those that have been granted to You hereunder. This Agreement does not grant you any rights to RECTIFY’s trademarks.
iv. Any use of the Service that is not in accordance with the terms of this Agreement or violates the terms of this Agreement is a violation of the Intellectual Property Rights of RECTIFY and/or third parties and constitutes the basis for revoking the right to use the Service provided to you by this Agreement.
III. RESPONSIBILITIES OF THE PARTIES
RECTIFY’s rights and obligations
i. RECTIFY reserves the right to change the services included in the Service, including the set of materials and resources available in the Software, and the functionality of the Software, at any time without providing prior notification to You.
ii. RECTIFY may interrupt or permanently terminate the Service at any time without prior notice. Such interruption or termination may be caused including but not limited by maintenance work, by circumstances beyond the reasonable control of RECTIFY, by crashes of software or hardware owned by third parties, or by actions of third parties aimed at interrupting or terminating the operation of the Service.
iii. RECTIFY may restrict access to and use of the Service, including by way of restricting the time when data provided through the Application may be used, the size of such data, the term of the storage of such data, the maximum number of documents You may process, etc. RECTIFY may place advertisements and other materials and information in the Application, provided such advertisements, materials and information are permitted by applicable legislation.
iv. RECTIFY may send You messages to the e-mail address you specified about RECTIFY products and news, special offers, product use tips and other information related to RECTIFY. You may opt out of these messages as provided by the RECTIFY Privacy Policy available at https://www.rectifydata.com/privacy-policy.
Your rights and obligations
i. You may use the Service provided you do not violate the terms of this Agreement.
ii. You warrant that You have all the necessary rights to transfer or upload User Data to the Service and that Your doing so does not breach any applicable laws, rights of personal data subjects and/or rights of a third party. You shall be fully liable for any such transfers and uploads and for any damage that may be caused to RECTIFY and third parties by such transfers and uploads.
iii. You agree to bear responsibility for all of Your User Data, either made publicly available or transferred privately to another user or third parties.
iv. You may terminate Your relations with RECTIFY at any time by stopping Your use of the Service and waiving your right to access the resources available in the Application by removing the Software from your devices.
v. You bear all risks and responsibilities related to Your use of the Service.
IV. Use of the Service
i. You may use the Service, and results obtained through its use solely for lawful purposes. You may not, by yourself or through cooperation with others:
1. upload viruses or any other harmful data which may in any way disrupt the operation of the Service;
2. collect information and/or interact with the Service (or the Application) by means of automated scripts or software;
3. collect and store personal data of other users of the Service in violation of applicable legislation;
4. disrupt the normal operation of the Service (or the Application);
5. study or test the Service to determine the ideas and principles on which any element or component of the Service is based; disassemble, decompile (i.e. reproduce and transform the object code into source code) or otherwise attempt to derive the source code for the Service or any part thereof, and the Application except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law prohibits the restriction of such activities, any information so discovered must not be disclosed to third parties with the exception that such disclosure is required by law and such information must be promptly disclosed to RECTIFY. All such information shall be deemed to be confidential and proprietary information of RECTIFY.
6. modify, adapt (including any changes for the purpose of enabling the Service, including the Application, to run on Your hardware and software), making any changes to the object code of the Service and applications and databases contained in the Service other than those provided for by the Service.
7. remove, change or obscure any copyright, trademark or patent notices that appear in the Application or its materials.
8. provide opportunities to access or use the Service to persons or entities who do not have the right to use the Service, including without limitation other persons who were not authorized by You to use the Service or who use the same multi-user system or virtual environment with you, or who work with you via the internet.
V. USE OF THE SOFTWARE
GRANT OF LICENSE
i. In accordance with the terms and conditions of this Agreement, RECTIFY grants you a limited non-exclusive license to install the Application and/or register online and use the functionality of the Application subject to all restrictions and the License stipulated by or provided in this Agreement, the Service and/or a separate written agreement between You and RECTIFY. All of the terms of this Agreement apply to the entire Service and to each and every component of the Service and to User documentation, with the exception of third-party technologies included in the Application. Such third-party technologies are governed by their own licenses. Any controversies or disputes regarding the scope of the License shall be settled in favor of limiting the scope of the License. Restrictions on Your use of the Application and the scope of Your License may include, but are not limited to, the following:
1. Processing volumes. The amount of processing units (pages) that may be processed using the Application may be subject to various restrictions, such as restrictions on the number of processing units that may be processed during a specific period of time (such as a year or a month), or restrictions on the total amount of processing units that may be processed.
2. Term. Use of the application may be restricted by a term. You may not use the Application after such term expires.
ii. You are permitted to load the Rectify software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Rectify software.
You are not permitted to:
i. Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
ii. Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
iii. Allow any third party to use the Software on behalf of or for the benefit of any third party
iv. Use the Software in any way which breaches any applicable local, national or international law
v. use the Software for any purpose that Rectify considers is a breach of this EULA agreement
VI. LIMITED USE
i. This Agreement contains all terms of use of the Application and all restrictions on such use unless otherwise specified in a separate written agreement between you and RECTIFY that is a part of the accompanying documentation for the Application.
ii. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DOCUMENTATION, UPGRADES AND UPDATES IS BEING PROVIDED TO YOU “AS IS” AND RECTIFY MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INFRINGEMENT IN RELATION TO USER DATA OR ANY OTHER DATA, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE APPLICATION WILL CARRY NO ERRORS, MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL FUNCTION PROPERLY WHEN USED IN CONJUNCTION WITH ANY OTHER SOFTWARE OR HARDWARE. RECTIFY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN BY USING THE APPLICATION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION LIES WITH YOU. FUTHERMORE RECTIFY MAKES NO WARRANTIES FOR ANY THIRD PARTY SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITHIN THE APPLICATION.
iii. Application Updates
1. If an Application is labeled as an update (“Update”), you may use such Application only if you have a license for the previous version of the Application (the version which the Update is intended to upgrade).
2. Any Application labeled as an Update replaces and/or supplements the product that makes you eligible to receive the Update.
3. You agree that any obligations RECTIFY may have regarding providing support for an updated product shall terminate when such update is released.
iv. Export rules. You agree that You shall not export or re-export the Application in violation of any export provisions in the laws of the country in which the Application was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the Application.
VII. LIMITED LIABILITY
i. RECTIFY shall not be liable for any delay, malfunction, missed or late delivery, removal or loss of any User Data or other information.
ii. RECTIFY does not warrant that:
1. the Service (including the Application) meet Your requirements or are fit for any purposes other than the purposes stipulated in this Agreement;
2. the materials available in the Application and/or the results obtained through the use of the Service are accurate, complete or useful;
3. the operation of the Service (including the Application) will be continuous or uninterrupted or free from error;
4. any data obtained through the use of the Service, or any information, materials or User Data published in the Application, any services or any hyperlinks will always be available in the Application;
5. the quality of any product, service, data and anything else obtained through the use of the Service will meet Your expectations;
6. all errors in the Service, including errors in the Application, will be fixed.
iii. The Service and Application and all information they contain is provided “as is” and may include errors. Links to products, works and services of third parties are provided for Your reference only; such links do not indicate that RECTIFY supports or recommends such products, works and services.
iv. IN NO EVENT WILL RECTIFY BE LIABLE TO YOU FOR ANY DAMAGES, BUSINESS INTERRUPTION, LOSS OF USER DATA OR ANY OTHER DATA, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST REVENUE RESULTING FROM AND/OR RELATING TO THE USE OF THE SERVICE (INCLUDING THE APPLICATION), OR DAMAGES CAUSED BY POSSIBLE ERRORS OR MISPRINTS IN THE APPLICATION, EVEN IF AN RECTIFY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. RECTIFY’S SOLE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THREE THOUSAND (3000) RUSSIAN RUBLES, AND IN RELATION TO PREMIUM ACCOUNT FEATURES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PREMIUM ACCOUNT FEATURES, IF ANY.
v. RECTIFY may view User Data in connection to the use of the Service, but does not guarantee its authenticity, accuracy, completeness, compatibility and quality, or that the User Data will meet your requirements or expectations. RECTIFY bears no responsibility for such information or materials, or for the actions of Users.
vi. Under no circumstances will RECTIFY be liable for User Data published by You and/or other users. RECTIFY undertakes no obligations regarding the confidentiality of published User Data.
VIII. OWNERSHIP
i. All product names are the trademarks or registered trademarks of their respective owners.
ii. All RECTIFY trademarks are the intellectual property of RECTIFY and are provided only for reference. RECTIFY does not grant You any rights to use these trademarks.
iii. No rights to any of RECTIFY’s intellectual property (including the Service, Application and any RECTIFY patents, trademarks, or copyrights) is transferred to You. You shall not, in any way, during or after the term of the Agreement, make any use of or claim any right to any name, logo, trademark, pattern, or design owned by RECTIFY, or any name, logo, trademark, pattern, or design resembling them.
iv. No rights to any of Your intellectual property is transferred to RECTIFY.
v. The Service (including the Application) contains valuable trade secrets and confidential information belonging to RECTIFY and third parties and is protected by copyright laws, including, without limitation, by United States copyright law.
vi. All rights to the content that is not contained on the Service (including the Application), but may be accessible through the use of the Service (including the Application) are the property of their owners and may be protected by applicable copyright or other intellectual property laws and international treaties. This Agreement does not grant You any rights to such intellectual property.
IX. MISCELLANEOUS
i. You acknowledge that when You use the Service, data about Your use of the Service and/or resources is automatically logged on RECTIFY’s servers, including information about your system (browser type, operating system, screen resolution, access dates and times) and the history data on Your use of the Service and Additional Service Features. Such data does not include the content of User Data or any information that can be used to identify you.
ii. You acknowledge that RECTIFY may collect and use the data specified and the data You provided when you started using the Service, and that RECTIFY may store, classify, clarify (update and change), distribute, depersonalize, block or destroy such data in accordance with the Privacy Policy available at https://www.Rectify.com/privacy/.
iii. RECTIFY may assign its obligations under this Agreement provided that RECTIFY provides You with advance notice of such assignment. Such third parties shall perform all obligations and observe all rights under this Agreement.
iv. Unless otherwise stated in this Agreement, Service documentation or a separate written agreement between you and RECTIFY, the term of this Agreement is not limited, but in any event is at least as long as the duration of the exclusive right to the Service, beginning on the date when You first indicate your consent to the terms of this Agreement as described above.
v. RECTIFY may at any time and at its own discretion terminate this Agreement, including without limitation in the event you breach any provision of this Agreement. In the event of such termination, You shall destroy all copies of the Application, all components of the Application, remove the Application from Your devices and stop using the Service.
vi. You may contact RECTIFY by sending a message to the Contact e-mail address posted on the website. RECTIFY may contact You by sending a message to the e-mail address You specified for e-mail newsletter subscription.
vii. RECTIFY reserves the right to block access to the Application in the event you violate the terms of this Agreement, applicable legislation and/or the rights and interests of RECTIFY and third parties. RECTIFY may stop providing the Service at any time without prior warning.
viii. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its conditions.
Terms of service
Terms and Conditions
Store Terms & Conditions
These terms and conditions (“Terms”) govern your use of the rectify Online Store. By placing an order through the rectify Online Store, you express your understanding and agreement that you are bound by these Terms, in addition to the End User License Agreement (EULA). If you are unwilling to be bound by these Terms and the rectify EULA, you may not use the rectify Online Store.
Order Validation and Acceptance
When you place an order through the rectify Online Store, we may verify your method of payment and shipping address before processing your order. Your placement of an order via the rectify Online Store is an offer to purchase our products or services. Rectify may accept your order by processing your payment and providing access to the software download, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by rectify until the product has been delivered. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order.
Pricing and Product Information
Rectify makes every effort to provide current and accurate information relating to rectify’s products, services, and prices, but does not guarantee the currency or accuracy of any such information. Information relating to rectify’s products and services is subject to change without notice. Prices are subject to change at any time prior to rectify’s acceptance of your order. In the event we discover a material error in the description or availability of a product or service that affects your outstanding order with rectify., or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, rectify will issue a credit to your credit card in the amount of the charge only after the software has been uninstalled.
Payment
You may pay for your order with one of the following major credit cards, issued in the United States of America: Visa®, MasterCard®, American Express®, and Discover® cards.
Sales Tax
Rectify collects and remits sales taxes as required by law on purchases made via the Site.
Warranties
The only warranties rectify provides with respect to any product or service purchased through the rectify Online Store are those warranties, if any, set forth in the written rectify documentation accompanying such product or service.
Return Policy
By placing an order for any of rectify’s products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.
Rectify wants you to be satisfied with our products. If rectify cannot resolve a substantial issue where the product does not conform to the product’s documentation, or if due to technical difficulties or platform incompatibilities the software will not function, we may, at our discretion, issue a refund. You must contact our customer service department to request the return within 15 days of receiving the product. The refund paid will be the purchase price minus an order processing fee of $25.00 and banking fees (8.9% of the purchase price).
The following information must be provided:
The order number
Company name
Your name
The product you’re returning
The reason for the return
The purchase price before tax
Additionally, we require you to deactivate your licenses and uninstall the product from your computer before we issue the refund. Refund requests will be processed within 30 days of receiving this information. Aside from this warranty, no other refunds of any kind will be available.