Terms of use

This Workflowsoft Subscription Terms of Use (hereinafter referred to as ‘Terms of Use’) is valid for an individual or legal entity (hereinafter referred to as ‘Customer’) having legally purchased Workflowsoft software (hereinafter referred to as ‘Product’) for independent use only, with no intention of reselling, renting or providing it to a third party in any manner whatsoever.

If Customer does not agree to this Terms of Use, then Customer may not operate or use the Product in any way.

  • 1. Terms and definitions
    • 1.1. Workflowsoft – the company Workflowsoft s.r.o. provides the Product and Subscriptions. Workflowsoft s.r.o. is located at Korunni 2569/108, Prague, 10100, Czech Republic.
    • 1.2. Amazon – the company Amazon Web Services, Inc. provides the Amazon's servers for installation of the Product executable files, launching and reproduction of the Product for the purpose of providing Users with the remote access to the Product via the Internet.
    • 1.3. User – a person listed in the Users list stored in the Product. Customer may add or delete users of the Product by means and methods provided by the Product in this purpose.
    • 1.4. Subscription – means an access to the Product for Customer provided, on the Customer’s option, for 30, 90, 180, 270, 360 calendar days for the maximum quantity of Users pointed by Customer, on condition of Customer’s payment and compliance with these Terms of Use. The use of Product by Customer is possible only within prepaid maximum quantity of Users. The use of Product by Customer within the quantity of Users less than acquired quantity of Users is not subject to decrease the fee for Subscription or demand the repayment for the unused quantity of Users.

  • 2. Subscriptions provision procedure
    • 2.1. Start of the actual use of Product by Customer, regardless of where the Product is hosted (on the Amazon’s or Customer’s server), means Customer’s consent to be bind with the terms and conditions of this Terms of Use.
    • 2.2. The right to use of the Product is in accordance with this Terms of Use and on an “as is” basis, without any express or implied warranties in respect of the Product, its operation and results achieved via use of the Product, except warranties directly specified in this Terms of Use or applicable to Customer due to mandatory laws. In this case, all the warranties in respect of the Product, which may be provided by applicable law, shall be excluded or limited to the maximum extent permitted by the applicable law.
    • 2.3. Customer is aware of all functional features of the Product. Customer bears the risks of compliance of the Product with Customer’s wants and needs. Only Customer is liable for any losses resulted from improper use of or inability to use of the Product by Customer.
    • 2.4. Customer may not assign Subscriptions for Product to third parties, except Affiliates, as they are defined in paragraph 2.7 of this Terms of Use. Customer may not rent, lease or lend the Product.
    • 2.5. Customer has no right to charge fees for the use or remote access to the Product by third parties.
    • 2.6. Customer has no right to decompile, disassemble or modify the Product in any way. Modification (reprocessing) of the Product means any change of the Product, including translation from one language to another.
    • 2.7. Customer is entitled to provide their Affiliates with the right to use the Product. Under this Terms of Use an “Affiliate” means any legal entity being under direct or indirect control of Customer or under direct or indirect control of a third parties, who directly or indirectly control Customer.
    • 2.8. Under the terms of article 2.7 above, the “control” constitutes the following:
      • 2.8.1. Ownership of at least 50 % (fifty percent) of shares of the joint-stock company;
      • 2.8.2. Ownership of at least 50 % (fifty percent) of the authorized capital of the company;
      • 2.8.3. For a non-profit legal entity - an evidence of its establishment.

  • 3. Product Installation Options
    • 3.1. When you purchase Subscription, executable files of the Product may be hosted by one of the following ways:
      • 3.1.1. on the server, owned by Amazon. Thus, the cost of Amazon’s services, intended for the proper operation of the Product, will be included in Subscription fee.
      • 3.1.2. on the server, owned by Customer.
    • 3.2. Provided that both options of the Product installation results in hosting of the Product on the server owned by the third party, only this third party is liable for interruptions of the Product operation, or other violations of its functioning.
  • 4. Product Scope of Use
    • 4.1. In case of installation of the Product on the server of Amazon, Customer is entitled to use the Product as follows:
      • 4.1.1. to reproduce the Product by the use the Product with remote access to it via the Internet;
      • 4.1.2. to use the Product for its intended purpose within the conditions and limits provided in this Terms of Use.
      • 4.1.3. to allow Users to remotely access Product hosted on the server owned by the Amazon, and use the Product for its intended purpose within the conditions and limits provided in this Terms of Use;
      • 4.1.4. Customer and Users have the right to use Product in all countries of the world.
    • 4.2. In case of installation of the Product on Customer’s server, Customer shall be entitled to use the Product as follows:
      • 4.2.1. to reproduce the Product by the installation (copying) of it to the memory of Customer’s server;
      • 4.2.2. to launch the Product on Customer’s server;
      • 4.2.3. to use Product for its intended purpose within the conditions and limits provided in this Terms of Use.
      • 4.2.4. to allow Users to remotely access the Product hosted on the Customer’s server, and use the Product for its intended purpose, within the conditions and limits provided in this Terms of Use;
      • 4.2.5. Product may be only installed on the server located in the country where Subscription was purchased by Customer.
      • 4.2.6. Customer and Users have the right to use the Product in all countries of the world.
  • 5. Product Updates
    • 5.1. In case of installation of Product on the server of Amazon, Product will be updated automatically without coordination with Customer.
    • 5.2. In case of installation of Product on the Customer’s server, Product updates must be downloaded and installed on the Customer’s server by Customer itself.
    • 5.3. All Product updates are available to Customer only during the effective term of Subscription.

  • 6. Conditions for provision of Subscriptions
    • 6.1. Payment for Subscription shall be provided by Customer to authorized reseller under the standalone agreements with this reseller.
    • 6.2. The term of Subscription begins from the date of its purchase by Customer, and lasts for a number of calendar days paid by Customer for Subscription.
    • 6.3. Customer is provided with the technical ability to use the Product by through activation in the automatic mode. In case of the installation of Product on the Customer’s server, activation and use of Product requires a permanent Internet-connection of such server for the purpose of providing with possibility to conduct automatic daily monitoring of the activation status.
    • 6.4. In case of non-renewal of Subscription for Product installed on the server of Amazon prior to the expiration of the current Subscription term, all Customer’s data stored via Product will be permanently deleted from the server of Amazon. Customer is solely responsible for timely renewal of Subscription and may not claim refund of any losses incurred due to deletion of the data in accordance with this paragraph.
    • 6.5. In case of any claims to the quality of Product operation, there are no refunds of any kind to Customer and there are no liability for any Customer’s damages arising because of the use or inability to use Product. Developers of the Product reserve an exclusive right to qualify the operational aspects of Product as a drawback (error, defect, etc.), as well as to perform one of the following:
      • 6.5.1. to adjust the features of Product in the one of the next versions of Product (Customer cannot influence on the release date of the next Product versions; terms and conditions for use of new versions of Product by Customer prescribed in this Terms of Use);
      • 6.5.2. to consider the operational aspects of Product as a feature within normal Product operation.
    • 6.6. Functions of Product can be changed at any time without coordination with Customer.
    • 6.7. Product is available only in the language which is predefined inside the Program. Customer bears the risk of compliance of available languages to the Customer's needs and wishes.
    • 6.8. Distribution of Subscriptions for Product can be suspended or discontinued at any time without coordination with Customer.
    • 6.9. If any functionality of Product or any additional services with respect to Product is provided free of charge or on a limited (trial) basis, then the terms and conditions of providing Customer with such functionality or services, including to require payment for them, can be changed at any time without coordination with Customer.
  • 7. Force Majeure
    • 7.1. Neither Party is liable for failure to perform or improper performance of its obligations under this Terms of Use, whether in full or in part, caused by force majeure events occurred after conclusion of this Terms of Use, and which cannot be reasonably foreseen or avoided by the Parties. Force majeure events shall include acts of God, fire, war or military operations, enactment of any regulatory and legal documents or actions by state or local self-government authorities, and other events outside the reasonable control and anticipation of the Parties.
    • 7.2. In case of force majeure events, the period set for performance of obligations due hereunder shall be extended for duration of such events and their consequences.
    • 7.3. In case of any force majeure event either Party shall inform the other Party in writing no later than 5 (five) business days after occurrence of force majeure event.
    • 7.4. If force majeure event lasts for over than one month, the Parties shall proceed negotiations to identify any alternate ways to perform this Terms of Use. Otherwise, this Terms of Use shall be terminated in accordance with the established practice.
  • 8. Liability of the Parties and procedure for settlement of disputes
    • 8.1. If one of the Parties does not fulfill the obligations under this Terms of Use then the faulting Party will be liable pursuant to terms and conditions of this Terms of Use, and if any liability is not regulated by this Terms of Use, the faulting Party will be liable pursuant to the Laws of Denmark.
    • 8.2. If Customer breaches this Terms of Use, the Customer’s right to use provided under this Terms of Use can be terminated. Thereat Customer has no right to claim any compensations.
    • 8.3. Developers of the Program have the right to audit the Customer's use of the Product, providing Customer with a seven (7) calendar days prior notice. Customer shall provide all information and access, which is necessary to verify compliance of Customer's use of Product with this Terms of Use.
  • 9. Additional provisions
    • 9.1. Customer has no right to assign the rights and responsibilities under this Terms of Use to a third party.
    • 9.2. Relations of the Parties under this Terms of Use connected with procession of the Customer’s personal information, are regulated by the Privacy Policy published on the following URL: https://workflowsoft.com/en/privacypolicy