Terms and Conditions

Terms and Conditions of Use
Last updated on 12 February 2021


1 - LAUNCHSOFT
2 - SERVICE SUBSCRIPTION PRICE
3 - TECHNICAL SUPPORT
4 - UPGRADES
5 - MINIMUM REQUIREMENTS
6 - DURATION
7 - COPYRIGHT
8 - SECURITY AND CONFIDENTIALITY
9 - LIMITATION OF LIABILITY
10 - FORCE MAJEURE
11 – RESOLUTION
12 - APPLICABLE LAW AND JURISDICTION


This Agreement sets out the terms and conditions of use of the Launchsoft service between LAUNCHSOFT, Lda., with registered office at Alameda Dr Carlos d'Assumpcao 336 Edif. Centro Comercial Cheng Feng 17 Andar, P, Macau, registration number 205474, and the user of this service, hereinafter referred to as the Customer.

The use of the Launchsoft service implies full acceptance of these terms and conditions by the Customer, and any user who does not agree with them should not accept and subscribe to this Agreement.

The Customer declares that it subscribes to the Launchsoft service for purposes that are solely and exclusively within the scope of its professional or commercial activity.

The Customer also declares that it accepts the conclusion of this Agreement by electronic means.


1 - LAUNCHSOFT

1.1 - The Launchsoft service is a service for online use of a metrics monitoring software, which allows the Client to use online a set of functionalities that make it possible to centralize information relating to videos, posts, announcements and product launches.

1.2 - The Launchsoft service is available as follows:
a) in a beta version, subscribed to by the Customer in the Pre-Launch Phases free of charge as referred to in 2.1.1.;
b) in a final version, available from the end of the Pre-Launch Phase, at the price mentioned in 2.1.2;

The Customer declares that it is aware that the beta version made available by Launchsoft is in the testing phase, so that the Customer can use it, and that the Customer must report any errors found when using it.


2 - PRICE OF THE SERVICE SUBSCRIPTION

2.1 - By subscribing to the Launchsoft service, the Customer undertakes to pay LAUNCHSOFT, Lda. the annual amount relating to the phase in which they subscribed to the service and as defined below in points 2.1.1 and 2.1.2:

2.1.1 - For Customers who have subscribed to the Launchsoft annual subscription in the Pre-Launch Phase, they are exempt from paying LAUNCHSOFT, Lda. until the final version is launched, with the launch of the first final version the term beta will no longer appear in the version number, this customer may also enjoy the service for one year at a price lower than the launch price.

2.1.2 - If the Customer takes out the Launchsoft annual subscription in the Launch Phase, he/she undertakes to pay LAUNCHSOFT, Lda. an annual sum which will be fixed before the launch (plus VAT at the legal rate in force), for each user, which will be due on the date of the subscription, and on the date of renewal of this Agreement, if it is not terminated by the Customer, under the terms of clause six.

2.2 - The amount(s) referred to in the previous paragraph of this clause will be automatically debited to the Customer, according to the payment method chosen by the Customer when subscribing to Launchsoft.

2.3 - For Customers who have subscribed to this service in its beta version (Pre-Launch Phases), LAUNCHSOFT, Lda. guarantees them the price mentioned in paragraph 2.1.1 of this clause for as long as this Agreement remains in force, whether for its initial duration or subsequent renewals, and for as long as the Final version is not launched.


3 - TECHNICAL SUPPORT

3.1 - LAUNCHSOFT, Lda. undertakes to provide the Customer with free technical support via webchat or email, between 9.30am and 6pm, on all working days except public holidays, Christmas Eve and New Year's Eve.

3.2 - In the event that the Customer has reported an anomaly in the Launchsoft service, LAUNCHSOFT, Lda. undertakes to correct this anomaly within a maximum of three working days from the date on which LAUNCHSOFT, Lda. informs the Customer that the anomaly was an error in the software made available online by LAUNCHSOFT, Lda.

3.3 - The Customer recognises LAUNCHSOFT, Lda.'s right to unilaterally change the technical support schedule referred to in 3.1 without prior notice.


4 - UPGRADES

4.1 - By subscribing to Launchsoft on this date, the Customer acquires the right to obtain the Launchsoft service in its final version, as well as the most recent update of that service, at no additional cost to that defined in point 2. and for as long as this Agreement is in force.

4.2 - In order to keep up with the updating of operating systems, browsers and other software, LAUNCHSOFT, Lda. will release updates to the Launchsoft service which may not work or may not necessarily include all the functionalities of the Customer's existing operating system or browsers, so the Customer must, at its own expense, acquire the operating systems and browsers that allow the Launchsoft service to work.


5 - MINIMUM REQUIREMENTS

5.1 - LAUNCHSOFT, Lda. only guarantees the operation of the Launchsoft service, provided that the Customer accesses this service under the following conditions:

Minimum hardware requirements: Core i3, equivalent or higher;
Minimum software requirements: Windows 7 or higher;
Minimum internet connection speed requirements: 10 Mbps per user.

5.2 - The Customer acknowledges LAUNCHSOFT, Lda.'s right to change the minimum requirements referred to in the previous paragraph at any time and without prior notice.


6 - DURATION

6.1 - This Agreement has a duration of one year from the date it is signed, and is automatically renewed for successive periods of one year unless terminated by either party.

6.2 - Either party may terminate this agreement by giving written notice to the other party at least thirty days before the date of expiry of this agreement or its renewal.


7 - COPYRIGHT

7.1 - The software provided by the Launchsoft service is licensed and not sold to the Customer, to be used under the terms and conditions of this Agreement and for as long as this Agreement is in force.

7.2 - LAUNCHSOFT, Lda. is the owner of the copyright of the Launchsoft software and reserves all rights not expressly granted to the Customer under this Agreement.

7.3 - The copyright and any other intellectual property rights in any content displayed on or accessed through the Launchsoft service belong to the respective owners of such content. Such content may be protected by copyright laws or other intellectual property laws and treaties and may be subject to the terms of use of the third parties providing such content. This Agreement does not grant the Customer any rights to use such content nor does it guarantee that such content will continue to be available to the Customer.


8 - SECURITY AND CONFIDENTIALITY

8.1 - LAUNCHSOFT, Lda. guarantees the security and privacy of all data entered into Launchsoft by the Customer. The data entered will be kept in database(s) in a secure environment, subject to tight access controls and restrictions. Only employees and collaborators of LAUNCHSOFT, Lda. have access to the servers on which the Launchsoft database(s) are hosted. The connection to the Launchsoft service is made via a security certificate with 256-bit encryption, so the data entered by the Customer will always be protected from third parties. However, LAUNCHSOFT, Lda. is not responsible for the actions of third parties.

8.2 - Access to Launchsoft is via credentials (user and password) provided by LAUNCHSOFT, Lda. to each user of the Customer, which are personal and non-transferable and must therefore be kept secure by the Customer and the respective users.

8.3 - The Customer is always guaranteed free and unrestricted access to their data for updating, rectification or deletion, through a set of credentials that allow them to use Launchsoft,

8.4 - The Customer's own personal data requested at the time of subscription will only be used in LAUNCHSOFT, Lda.'s commercial relationship with the Customer and under no circumstances will this data be provided to third parties, except for compliance with legal obligations and when using Launchsoft functionalities integrated into this solution and provided by third parties.

8.5 - The Customer authorizes their personal data to be used for the purposes of marketing products and services sold by LAUNCHSOFT, Lda. or by any other company in the business group to which LAUNCHSOFT, Lda. belongs.


9 - LIMITATION OF LIABILITY

9.1 - The Customer and LAUNCHSOFT, Lda. agree that in the event of default or definitive breach of this contract by LAUNCHSOFT, Lda., any damages, whether pecuniary or non-pecuniary, suffered by the CUSTOMER, as well as the benefits that the CUSTOMER no longer obtains as a result of the injury, will always be limited to an amount equivalent to the annual subscription to the service on the date of the occurrence of the unlawful event giving rise to the obligation to compensate.

9.2 - The Customer acknowledges that LAUNCHSOFT, Lda. does not make any type of backup of data stored through Launchsoft, other than a full copy to the remote desktop image, with a daily policy with weekly retention. Consequently, the Customer must ensure that other types of backup are carried out using the means of their choice and under their sole and entire responsibility, thus excluding LAUNCHSOFT, Lda. from any liability whatsoever.

9.3 - The Customer acknowledges that LAUNCHSOFT, Lda. does not store any information relating to the data connection to the data center, namely data containing the IP addresses through which the remote desktop is connected. The Customer certifies that it is their sole and entire responsibility to take all measures to limit damage or loss of files, memory, documents or any other element hosted on the remote desktop.


10 - FORCE MAJEURE

10.1 - The occurrence of a case of force majeure shall have the effect of exonerating the parties from liability for failure to comply with the obligations arising from this Agreement, when this arises from the occurrence of such an event.

10.2 - For the purposes of the preceding paragraph, force majeure shall mean any unforeseeable or unavoidable circumstance or event, the effects of which are beyond the control of the parties, including, but not limited to, natural disasters or other cataclysms, acts of war or subversion, epidemics, hostility or invasion, sabotage, civil disturbances, strikes or illegal stoppages, failures and interruption of the electricity supply, and unlawful acts of any public authority.


11 - RESOLUTION

11.1 - In the event of non-compliance by either party with the conditions agreed in this Agreement, the aggrieved party may terminate this contract.

11.2 - Termination of the Agreement shall be effected by written notice to the opposing party, which shall expressly state the grounds on which it is based.

11.3 - Termination of the Agreement shall take effect in accordance with the law, and the party that exercised that right shall be compensated for the damage caused, without prejudice to clause seven.

11.4 - Whenever this Agreement is terminated, whether by resolution, termination or mutual agreement, the Customer is guaranteed a maximum period of 90 days in which to recover the data entered in Launchsoft, after which the data will be definitively deleted, without the Customer being able to claim any compensation from LAUNCHSOFT, Lda. and the data will be delivered to the Customer on a medium that the latter deems most appropriate and at the price previously agreed between the parties.


12 - APPLICABLE LAW AND JURISDICTION

12.1 - The parties expressly agree that this Agreement shall be governed by Portuguese law.

12.2 - For all matters arising from the interpretation, integration or execution of this Agreement, the parties agree to the jurisdiction of the District of Coimbra, Portugal, expressly waiving any other jurisdiction.