General Terms & Conditions

Effective Date: April 1, 2023

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Pool Soft LTD. Pool Soft LTD is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for. The Pool Soft app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Pool Soft app won’t work properly or at all.

You should be aware that there are certain things that Pool Soft LTD will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Pool Soft LTD cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left. If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app. Along the same lines, Pool Soft LTD cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Pool Soft LTD cannot accept responsibility. With respect to Pool Soft LTD’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Pool Soft LTD accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app. At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for the both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Pool Soft LTD does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These terms and conditions are effective as of 2023-03-18

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at office@pool-soft.com.

Pool Soft LTD Subscription Terms and Conditions

Your Pool Soft Subscription (the “Subscription”) is governed by these Pool Soft Subscription Terms and Conditions (“Subscription Terms”). The following points are particularly important:

Your Subscription automatically renews and you will be charged a Fee until cancelled by you or Us. The Fee is disclosed prior to purchase and confirmed via email following purchase.

Your Subscription may include a Free Introductory Trial as described in the section bellow.

You may cancel Your Subscription at any time as described, effective at the end of the billing period. You can access all the Subscription benefits until your cancellation is effective and no refund will be issued.

These Subscription Terms (which include the other documents referenced below) constitute a legal agreement between You and Pool Soft LTD, which you agree to when you sign up for the Subscription. The Pool Soft Terms of Use and the Pool Soft Privacy Policy, which You agreed to when onboarding Your Account, also apply to Your Subscription and are incorporated by reference as part of these Subscription Terms.

If You are not willing to be bound by these Subscription Terms, You should not sign up for the Subscription.

Definitions

“Effective Date” is the date you sign up for the Subscription as identified on Your Receipt.

“Receipt” means the order confirmation you receive when you complete registration for Your Subscription which identifies, at a minimum, the Effective Date and Fees.

“We”, “Us”, “Our”, and “Pool Soft” means Pool Soft LTD.

“You” and “Your” means the person who purchased this Subscription.

Subscription Benefits. Unless otherwise specified in the description of your Subscription plan during purchase, Your Subscription entitles you to these benefits:

Cloud storage up to 5GB.

Discounts are subject to change without prior notice and subject to availability.

Other benefits or promotions: In our sole and absolute discretion, we may include additional benefits, exclusive offer or promotions for our subscribers, subject to any additional terms and conditions described in such offer.

Changes to Subscription Benefits

We reserve the right to change these benefits or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Subscription Terms, any changes will take effect following notice to you.

Free Introductory Trial

Your Subscription may begin with a free trial (the “Free Trial”) for new subscribers for a period of time specified when you register. You must provide a credit card or other payment method at sign-up to ensure uninterrupted access to the Subscription at the end of the Free Introductory Trial when your subscription automatically converts to a paid Subscription. We will charge your payment method the Fee at the end of the Free Introductory Trial and on a recurring basis until cancelled as described herein. You may not receive a notice from Us that Your Free Introductory Trial has ended or that the paying portion of Your Subscription has begun. You are only permitted one Free Introductory Trial. If Your Subscription is ever terminated for any reason, and You purchase a second Subscription, You shall not be eligible for a Free Trial on Your second Subscription. For combinations with other offers, restrictions may apply.

Account Registration

In order to access or use certain features of the Subscription, You may be required to create a Pool Soft account (“Account”) and become a “Registered User” of the Subscription. During the registration process You will be required to provide certain information and establish a email and a password. You agree to provide accurate, current and complete information during the registration process and at other times when You use the Subscription and to update such information to keep it accurate, current and complete. Pool Soft reserves the right to refuse to keep Accounts for, or provide services to, any individual, if Pool Soft has a valid reason thereto. Pool Soft reserves the right to suspend or terminate Your Account, after sufficient notice, if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions. You will immediately notify Pool Soft of any unauthorized use of Your Account.

Automatic Renewal Terms

The subscription fee and any other applicable charges including taxes, transaction fees or other charges (collectively, the “Fee”) will be charged to your payment method on the billing date indicated on the application, the Receipt and/or in Your account settings. The Fee will be stated on Our application when you sign up or modify your account. In addition, the Fees will be stated on Your Receipt and/or in Your account settings. Your Subscription will continue and automatically renew for the applicable subscription term you selected when signing up for or modifying your account (e.g. monthly, annually or, if applicable, some other term) unless cancelled in accordance with Section 6.

Cancellation and termination

If your Subscription begins with a Free Introductory Trial, you may cancel at any time before the end of the Free Introductory Trial without incurring any obligation to pay the Fee and You may continue to use the Subscription until the end of Your Free Introductory Trial. If you are an EU resident, you may exercise your right of withdrawal within 14 days of the Effective Date by contacting Support or cancelling as described below.

After the Free Introductory Trial – or if there is no Free Introductory Trial — Your Subscription will continue unless and until You cancel it or We terminate, cancel, suspend or disable it. You may cancel Your Subscription any time before Your renewal and avoid billing of the next period’s Fee to Your chosen payment method. Your cancellation will be effective as of the last day of the period for which you paid a Fee. You may continue to use the Subscription until your cancellation is effective and no refund will be issued unless required by applicable law.

To cancel, select the cancel Subscription option within Your account settings in Pool Soft management application, also called “Admin” application.

Pool Soft may, in its sole discretion, terminate or suspend your account for failure to timely pay any Fees (upon reasonable notice to you) or to provide accurate information, any breach of these Subscription Terms (or any other terms incorporated herein) or any abusive or fraudulent conduct towards any Pool Soft employees and we will not issue any refund, credit or other consideration.

Agreement to Receive Electronic Communications

We may send you functional emails containing information regarding Your Subscription. You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form.

Modification of Subscription and Terms

Pool Soft reserves the right to modify, terminate or impose additional terms and conditions to the Subscription and these Subscription Terms at any time by posting updated Subscription Terms. In addition, Pool Soft may modify the various Subscription Benefits available to subscribers from time to time by updating these Subscription Terms or subscription benefit descriptions on the website. Pool Soft will give you advance notice of any material changes to these Subscription Terms. Your continued use of the Subscription after we have posted the modification or, if applicable, receiving notice of the changes will constitute Your acceptance of the changes. We may also ask you to acknowledge your acceptance of the modified Subscription Terms. If you do not agree to any material changes, You may cancel Your Subscription as described above in the “Cancellation” section. Pool Soft reserves the right to discontinue or terminate the Subscription in its entirety upon reasonable notice and we may, in our sole discretion, provide you with a refund, credit or other consideration.

Credit Card Billing

If any fee is not paid in a timely manner, or We are unable to process Your transaction using the credit card information provided, We reserve the right to revoke access to Your account. If You do not bring Your balance current within thirty (30) days after We provide You with notification that Your account is in arrears, We reserve the right to suspend, disable, cancel or terminate Your access to Your Subscription. You will be responsible for paying all past due amounts even if Your account is suspended, disabled, cancelled or terminated for nonpayment or for otherwise violating the Subscription Terms or other applicable laws. If Your payment details change, Your card provider may provide Us with updated card details. We may use these new details in order to help prevent any interruption to the Subscription. If You want to use a different payment method or if there is a change in payment method, please visit Your Account Settings Page to update Your billing information. We will advise You by email if We use a new payment method.

General

The failure of Pool Soft to enforce any right or provision herein will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pool Soft. Except as expressly set forth in the Subscription Terms, the exercise by either party of any of its remedies under the Subscription Terms will be without prejudice to its other remedies hereunder or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Subscription Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Subscription Terms will remain in full force and effect.