Software as a Service Agreement (SAAS Agreement)
This Software as a Service Agreement (the "Agreement") is entered into by and between Ecart Software (hereinafter referred to as "Ecart Software," "we," "us," or "our"), located at 1802 N Alafaya Trail, Orlando, FL 32826, and the entity or individual agreeing to these terms ("Customer" or "you"). This Agreement governs your use of Ecart Software's software-as-a-service (SAAS) platform and related services provided through our website at https://ecart-software.com/ (the "Service").
1. Definitions
1.1. Service: The term "Service" refers to Ecart Software's SAAS platform, including all associated software, applications, features, and functionality provided to Customer.
1.2. User: A "User" is an individual authorized by Customer to access and use the Service.
2. Access and Use of the Service
2.1. License: Subject to compliance with the terms of this Agreement, Ecart Software grants Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Service during the subscription period for which Customer has paid the applicable fees.
2.2. Users: Customer is responsible for managing User access to the Service and ensuring that each User complies with the terms of this Agreement.
2.3. Restrictions: Customer and its Users shall not: (a) decompile, reverse engineer, or disassemble the Service; (b) reproduce, copy, or distribute the Service except as expressly permitted herein; (c) interfere with or disrupt the Service or its servers; (d) use the Service for any illegal, unauthorized, or fraudulent purpose; or (e) access the Service for benchmarking or competitive purposes.
3. Fees and Payment
3.1. Subscription Fees: Customer agrees to pay the fees specified in the applicable order or subscription plan.
3.2. Payment: Payment shall be made in accordance with the terms specified in the applicable order or subscription plan. All fees are non-refundable.
4. Privacy
Customer acknowledges and agrees that its use of the Service is subject to our Privacy Policy, available at https://ecart-software.com/privacy.
5. Support and Maintenance
Ecart Software will provide reasonable support and maintenance for the Service as described in our support documentation and service-level agreements.
6. Term and Termination
6.1. Term: This Agreement will commence on the date of acceptance and will remain in effect until terminated by either party.
6.2. Termination for Convenience: Customer may terminate this Agreement at any time by canceling its subscription.
6.3. Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term or condition of this Agreement and fails to remedy such breach within 30 days of receiving written notice.
7. Intellectual Property
Ecart Software retains all rights, title, and interest in and to the Service, including all associated intellectual property rights. Customer does not acquire any rights, express or implied, in the Service, except for the limited rights granted under this Agreement.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ecart SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings.
11. Contact Information
If you have any questions or concerns about this Agreement, please contact us at:
Ecart Software
1802 N Alafaya Trail,
Orlando, FL 32826
Email: info@ecart-software.com
Phone: (321) 615-3216
By accepting this Agreement, you acknowledge that you have read, understood, and agree to be bound by its terms and conditions.