Terms of Use

The ErnestSoft website located at ernestsoft.com is a copyrighted work belonging to ErnestSoft. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that oversee your use of the Site. By accessing the Site, you confirm your compliance with these Terms and you represent that you have the authority and capacity to enter into them. You should be at least 18 years of age to access the Site. If you disagree with any provision of these Terms, do not access or use the Site.

These terms require the use of arbitration on an individual basis to resolve disputes, and also limit the remedies available to you in the event of a dispute.

Access to the Site

Subject to these Terms. ErnestSoft grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the Site's functionality shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies.

ErnestSoft reserves the right to change, suspend, or discontinue the Site with or without notice to you. You agree that ErnestSoft will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part of it.

No Support or Maintenance. You agree that ErnestSoft has no obligation to provide you with any support in connection with the Site. Excluding any content you provide, you acknowledge that all intellectual property rights — including copyrights, patents, trademarks, and trade secrets — in the Site and its content are owned by ErnestSoft or its suppliers. These Terms grant you no rights, title, or interest in any intellectual property, except for the limited access rights expressly stated.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such links and ads are not under the control of ErnestSoft, and we are not responsible for them. We provide access to them only as a convenience, and do not review, endorse, or make representations about them. You use all third-party links and ads at your own risk.

Other Users. Each Site user is solely responsible for their own content. Because we do not control user content, you acknowledge that we are not responsible for any user content, whether provided by you or others. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Cookies and Web Beacons. Like most websites, ErnestSoft uses cookies to store information including visitor preferences and the pages visited. This information is used to optimize the experience by customizing content based on browser type and other information.

Disclaimers

The Site is provided on an "as-is" and "as-available" basis, and ErnestSoft and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no guarantee that the Site will meet your requirements, be available uninterrupted, timely, secure, or error-free, or be accurate, reliable, or free of harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall ErnestSoft or our suppliers be liable to you or any third party for any lost profits, lost data, cost of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of the Site. Access to and use of the Site is at your own discretion and risk.

Term and Termination. These Terms remain in effect while you use the Site. We may suspend or terminate your rights to use the Site at any time, for any reason, at our sole discretion, including for any use in violation of these Terms. Upon termination, your right to access and use the Site will end immediately.

Copyright Policy

ErnestSoft respects the intellectual property of others and asks that users of the Site do the same. If you believe that material on the Site infringes a copyright you own or control, please send a written notice to our contact address below, including: your signature; identification of the copyrighted work; identification of the allegedly infringing material; your contact information; a good-faith statement; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

Dispute Resolution

Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by ErnestSoft that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis. This includes a class-action waiver: claims may not be arbitrated or litigated on a class basis. Before either party may seek arbitration, that party must first send a written Notice of Dispute describing the claim and the requested relief. Unless otherwise agreed, all arbitration proceedings shall be held in English.

Waiver of Jury Trial. The parties waive their constitutional and statutory rights to go to court and have a trial in front of a judge or jury, instead electing that claims and disputes be resolved by arbitration. Either party may still bring an individual action in small claims court, and either party may seek emergency equitable relief to maintain the status quo pending arbitration.

General

These Terms are subject to occasional revision. If we make substantial changes, we may notify you by email or by posting notice on the Site. Continued use of the Site following notice of changes indicates your agreement to the changes. These Terms constitute the entire agreement between you and ErnestSoft regarding the use of the Site. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

Contact Information

Questions about these Terms can be sent to support@ernestsoft.com.

Note: contact address and full legal entity details are pending stakeholder confirmation. This document is adapted from the previous ErnestSoft Terms of Use (Version 1.0).