Terms and Conditions

Effective Date:18/11/2024

Last Updated:18/11/2024

These Terms and Conditions (“Agreement”) govern your use of the website and services provided by Delesoft (“we,” “us,” or “our”). By accessing or using our website or services, you agree to comply with these terms. If you do not agree to these terms, please do not use our services.

1. Definitions

• “Services”*refers to the software, tools, or other digital products provided by Delesoft Software Agency.
• “Website” refers to the website located at delesoft.com including all subdomains, pages, and content.
• “User,” “You,” and “Your”refer to any individual or entity that accesses or uses our website or services.
• “We,” “Us,” and “Our” refer to Delesoft

2. Acceptance of Terms

By accessing or using our services, you agree to these Terms and Conditions, along with any additional terms, policies, or agreements related to certain features of the services. If you do not agree with these terms, you should immediately stop using our services.

3. Account Creation and Security

• Account Registration

Certain services may require you to create an account. You agree to provide accurate, complete, and up-to-date information when registering, and to update such information to maintain its accuracy.

• Security

You are responsible for maintaining the confidentiality of your account credentials (username and password). You agree to notify us immediately of any unauthorized use of your account.

4. License Grant

• Software License

Upon subscribing or purchasing our software, you are granted a limited, non-exclusive, non-transferable license to use the software for personal or business purposes, as outlined in the purchase agreement. This license is subject to compliance with these Terms and Conditions.

• Restrictions

You may not: 

• Copy, modify, or reverse-engineer the software except as permitted by applicable law.
• Rent, lease, sublicense, distribute, or transfer the software to others.
• Use the software to engage in illegal activities or violate the rights of others.

5. Payment Terms

• Fees

You agree to pay the fees associated with our services, as indicated on our website or in your agreement. Payments must be made in accordance with the payment terms provided during the registration or purchase process.

• Payment Methods

We accept various payment methods, including credit/debit cards, bank transfers, and other supported payment systems.

• Subscription and Renewals

For subscription-based services, we will automatically renew your subscription unless you cancel it prior to the renewal date. The applicable renewal fee will be charged to your selected payment method.

6. User Responsibilities

You agree not to:

• Use the services for any unlawful purpose, including violating intellectual property rights, distributing malware, or engaging in fraudulent activity.
• Interfere with or disrupt the operation or security of our website or services.
• Use automated systems (e.g., bots, crawlers) to access or monitor our website or services without our consent.
• Publish, share, or distribute content that is offensive, obscene, or otherwise inappropriate.

7. Privacy Policy

Your use of our services is governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with the General Data Protection Regulation (GDPR) and Dutch data protection laws. By using our services, you consent to the practices described in our Privacy Policy.

8. Termination and Suspension

• Termination by Us

We reserve the right to suspend or terminate your account and access to our services at our discretion, without notice, for reasons such as: 

• Violation of these Terms and Conditions
• Fraudulent activity or misuse of our services
• Non-payment of fees

• Termination by You

You may terminate your account at any time by contacting us or following the cancellation instructions provided in the service settings. You will remain responsible for any outstanding fees due at the time of termination.

9. Intellectual Property Ownership

• Ownership Transfer

Upon full payment for the services rendered under this agreement, all intellectual property rights in the final deliverables, including but not limited to the software, source code, designs, documentation, and any other work created specifically for the client, will be transferred to the client. The client will own the intellectual property rights to the completed project, and this transfer of ownership will be effective immediately upon project completion.

• License to Use Pre-Existing Tools

If any pre-existing software, frameworks, libraries, or tools that are not created specifically for the client are used to build the project, the client will be granted a perpetual, non-exclusive, transferable license to use those tools as part of the delivered software. However, the ownership of these pre-existing tools or components remains with Delesoft or its licensors.

• Exclusions from Ownership

This transfer of ownership does not apply to any tools, templates, or code that Delesoft uses to develop the software that is not directly modified or created for the specific project (e.g., code libraries, proprietary frameworks, and internal development tools). The client will receive a license to use these as part of the software but will not own the underlying IP of those components.

• Rights to Modify and Distribute

Upon completion of the project and full payment, the client is granted full rights to modify, distribute, and sell the software or its components, as they see fit, without any restrictions imposed by Delesoft .

• User Content

By submitting content (e.g., feedback, suggestions) to Delesoft, you grant us a worldwide, royalty-free, perpetual license to use, modify, and distribute that content for any purpose related to the services.

10. Disclaimers and Limitation of Liability

• Disclaimers
• Our services are provided “as is” and “as available,” without any warranties, either express or implied.
• We do not guarantee that our services will be uninterrupted, error-free, or secure.

1. Limitation of Liability

To the fullest extent permitted by Dutch law, Delesoft Software Agency will not be liable for any indirect, incidental, special, or consequential damages arising from your use or inability to use our services up until the warranty period expires.

11. Indemnification

You agree to indemnify, defend, and hold harmless Delesoft and its affiliates, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or related to your use of the services, your violation of these Terms, or any infringement of third party rights.

12. Governing Law and Dispute Resolution

• Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the Netherlands.

• Dispute Resolution

If you have a dispute with us, we encourage you to first contact our support team at support@delesoft.com to resolve the issue. If the dispute cannot be resolved informally, you agree to submit the matter to binding arbitration, as per Dutch legal procedures. The venue for any dispute resolution shall be in the Netherlands.

13. Consumer Rights (Dutch and EU Laws)

As a consumer based in the Netherlands or the EU, you are entitled to certain rights under Dutch and EU consumer protection laws, including:

• Right of Withdrawal (Cooling-Off Period)

   You have the right to cancel your order and receive a full refund within 14 days of purchasing our services, provided you have not started using the service.

• Right to Rectification or Deletion of Data

   Under the General Data Protection Regulation (GDPR), you have the right to request access, correction, or deletion of your personal data held by us.

• Right to Object to Processing

   You can object to the processing of your personal data in certain cases, particularly if the processing is based on legitimate interests.

• Right to Lodge a Complaint

   If you believe that we have violated your rights, you have the right to file a complaint with the  Autoriteit Persoonsgegevens (Dutch Data Protection Authority).

14. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. You will be notified of significant changes through email or via a prominent notice on our website. Your continued use of our services after the changes are implemented constitutes your acceptance of the revised terms.

15. Contact Us

For any questions or concerns about these Terms and Conditions, please contact us at: 

Delesoft

Email: support@delesoft.com 

Phone: 0639448937