1. INTRODUCTION 

These Terms of Service are a contract entered into by and between You (“You” or “you”, “Vendor”) and Software Finder LLC (“Software Finder”, “we” or “us”) and our affiliates, to the extent expressly stated. These Terms of Service (together with our Privacy Policy, the “Terms”) govern your access to and use of https://softwarefinder.com, including without limitation any associated subdomains, redirected domains, or other websites that are accessed or made available through https://softwarefinder.com (“Website”), the vendor portal available through the Website (“Vendor Portal”), and any software, application, content, functionality, and services (collectively with the Website and Vendor Portal, the “Services”) offered by Software Finder, whether as a free or paid registered Vendor (“Vendor”). 

If you are accessing the Services on behalf of an organization, including a business, “You”, “you” or “Vendor” refers to the organization you are working on behalf of, and the organization agrees to be bound by these Terms to the fullest extent allowable by applicable law. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization to these Terms. If you lack such authority, you acknowledge and agree that you will be personally liable and responsible for all obligations arising under these Terms.

PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE OR ACCESS OUR SERVICES. BY SIGNING UP AND USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT SIGN UP OR, ACCESS, OR USE OUR SERVICES.

 PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT AS SPECIFIED BELOW IN SECTION 20, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY. 

2. ELIGIBILITY 

The Website, Vendor Portal, and Services are intended solely for users who are eighteen (18) years of age or older. Any access to or use of our Services by anyone under eighteen (18) is expressly prohibited. By accessing or using our Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal right and capacity to enter into and abide by these Terms. 

3. CHANGES TO TERMS OF SERVICE 

We may revise and update these Terms from time to time, in our sole discretion, by posting a revised version on the Website. All changes are effective immediately upon posting unless otherwise stated. It is your responsibility to review these Terms periodically and stay informed of any changes. The Effective Date at the top of these Terms reflects the date of the latest revision. You understand that your continued use of the Website, Vendor Portal, or Services following the Effective Date means that you accept and agree to be bound by these Terms. If you do not accept the Terms in their entirety, you must not access or use the Services after the Effective Date. 

4. ABOUT SOFTWARE FINDER 

Software Finder provides an online platform designed to help software buyers explore available solutions, compare options, read and write reviews, and make more informed purchasing decisions. The platform also enables vendors to manage how their products are presented and interact with prospective customers, subject to the features and functionality available at any given time. 

5. VENDOR PORTAL 

The Services are meant to help vendors of products and services advertised on Software Finder (“Vendor(s)”) manage how their brand appears to potential buyers on the Software Finder platform. To accomplish this, Software Finder may provide Vendors with enhanced functionality and features through the Vendor Portal (“Vendor Portal Feature(s)”). For example, Vendors may be able to gather and manage customer reviews, run incentive programs, and track results using an easyto-use dashboard. Vendors may also be able to view buyer data through visual reports and charts, see how their product compares to others in the same category, and understand how features and buyer opinions affect rankings. Vendor Portal Features may also offer insights into which product features matter most to buyers, helping Vendors improve sales and win more business. Vendors may also be able to create custom reports, side-by-side comparisons, sales materials, and award badges. Vendor Portal Features include Premium Features (as defined in Section 9 of these Terms). 

Please note that the previous examples were provided for illustrative purposes only and do not represent a comprehensive or exhaustive description of Vendor Portal Features. Software Finder makes no representations or warranties as to the current availability of any such Vendor Portal Features. While Software Finder endeavors to maintain and enhance the Services, access to the Vendor Portal and any associated features is provided on an "as available" basis and is subject to change without notice. Under these Terms, Software Finder reserves the right, in its sole discretion, to add, modify, or remove any Vendor Portal Features at any time, and there is no guarantee that any Vendor Portal Feature will be available at any given time. 

If our Services include AI-powered chatbots, you grant us a non-exclusive, royaltyfree, perpetual, transferable, irrevocable, and fully sublicensable right to use any inputs you provide to the chatbot for providing, maintaining, training, and improving our AI systems. We do not guarantee, represent, or warrant the accuracy, reliability, completeness, or suitability of any outputs generated by AI systems, and all outputs are provided strictly on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. You acknowledge and agree that all risks associated with the use of AI-generated outputs rest solely with you, and that you bear full responsibility for evaluating and verifying any outputs before relying on or using them for any purpose. To the fullest extent permitted by law, we disclaim and exclude any and all liability of any kind whatsoever, whether direct, indirect, incidental, consequential, punitive, exemplary, or otherwise, including but not limited to liability for loss of profits, loss of business, reputational harm, data loss, personal injury, property damage, or any other harm or damages, regardless of the cause of action, theory of liability, or foreseeability, and even if we have been advised of the possibility of such damages. You expressly agree that under no circumstances shall we, our affiliates, licensors, or service providers have any liability to you or to any third party arising from or in connection with your access to or use of AI-powered Services. You further agree not to (a) mislead anyone into thinking AI-generated output is human-generated, (b) submit personal, biometric, sensitive, or confidential data, (c) generate or attempt to generate prohibited, harmful, or unlawful content, or (d) use chatbot outputs for high-risk decision-making, business-critical functions, or unlawful purposes.

6. APPROVAL PROCESS 

Software Finder has the right to subject any applicant for the Vendor Portal to an approval process. To claim a profile listed on the Website (“Vendor Profile”) and to get access to the Vendor Portal, the applicant’s identity shall be verified by Software Finder. The approval process involves, but is not limited to, contacting the owner company of the software via email and/or a meeting set by Software Finder with the applicant, among other means. By submitting a request to claim a profile, there is no guarantee of approval, nor will any immediate approval be provided, even if the applicant is the actual owner of the software. 

If a profile is not listed on the Website, any entity can make a request for listing their software and may claim the said Vendor Profile and Vendor Portal, subject to the approval of Software Finder. Software Finder reserves the right to grant or reject the approval to you for any request made by you and is not bound to provide reasons for the same. Suppose you are the owner of a software and fail to receive the approval. In that case, you agree not to raise any claim or concern for the same before any authority or with Software Finder. You understand that anything listed by Software Finder about your software is publicly available information, and Software Finder does not attribute any part of it to itself or any third party and is not violating any of your intellectual property or other proprietary rights over the software. You also understand that Software Finder provides a free claim to only one Vendor Profile, and claiming any additional Vendor Profiles requires you to pay a Subscription Fee by default. Software Finder may reject your request to claim a Vendor Profile for reasons, including but not limited to unverified identity, claiming more than one Vendor Profile for free, already taking any other Service(s) from Software Finder, etc. We create and maintain Vendor Profiles and Product Listings using publicly available information to ensure a comprehensive and accurate representation of the software industry. As a general rule, Product Information (including Vendor Profiles and Listings) is non-cancellable and forms part of our industry-wide database. Vendors may update or modify certain fields through the Vendor Portal; however, complete removal or cancellation of Listings will not be processed by default upon request. Any request for removal or deletion will only be considered in exceptional circumstances, such as where the product has been permanently discontinued, merged or consolidated into another offering, or where verifiable evidence demonstrates that the Vendor or product no longer exists. All such requests will be subject to our review, verification, and approval at our sole discretion.

Our Services host user-generated reviews of software products. These reviews represent the opinions of individual users and not those of Software Finder. Vendors may respond to reviews or flag them for investigation by submitting a request to info@softwarefinder.com, in accordance with our Community Guidelines, which ensure fair handling of submitted and flagged reviews. 

7. VENDOR ACCOUNTS 

Subject to approval, you may register for a Software Finder vendor account (“Vendor Account”) through the Vendor Portal. To register, you must provide accurate and complete information, which may include your name, organizational email address, job title, company name, company size, number of employees, phone number, and company website. Accounts are one-time password (OTP) based and do not require persistent passwords. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your Vendor Account. You agree that Software Finder is not liable for any loss or damage arising from unauthorized use of your Vendor Account resulting from your failure to maintain its security. It is a condition of using the Services that all information you provide remains accurate, current, and complete at all times. By registering a Vendor Account, you agree to these Terms of Service, our Privacy Policy, and all policies incorporated by reference. 

Upon registering a Vendor Account, you may be granted access to certain features at no additional cost. These features may include the ability to edit your company profile (such as company details, product overview, specifications, and descriptions), publish frequently asked questions (FAQs), add and manage Authorized Users with assigned permissions, and view basic analytics, including page views and time spent on your product pages. Free access to these features is provided at our discretion and may be modified, limited, discontinued, or converted into a paid service at any time, with or without prior notice. We make no guarantee that any specific feature will remain available, free of charge, or uninterrupted. You are strictly prohibited from adding website links, phone numbers, or any information intended to create independent communication channels outside of those expressly provided within the Vendor Portal. Any such attempts may be automatically detected, removed, and deemed a violation of these Terms, which could result in suspension or termination of your Vendor Account. Software Finder will keep confidential any vendor-specific information that is clearly marked and communicated as confidential, except where disclosure is required by law, authorized by you, or where the information is independently developed by Software Finder or is already publicly available without breach of these obligations. 

8. VENDOR CONTENT 

“Vendor Content" means any information, data, or materials that you or any Authorized User uploads, posts, submits, or uses in connection with the Services. You are solely responsible for all Vendor Content and assume all risks associated with its use, including reliance on its accuracy, completeness, or usefulness by others, and any disclosure that personally identifies you or third parties. Vendor Content is not considered confidential information and will not be treated as such by Software Finder, regardless of any other agreement, unless explicitly marked and communicated as confidential. You may not represent or imply that any Vendor Content is provided, sponsored, or endorsed by Software Finder. You are solely responsible for creating and maintaining backup copies of your Vendor Content, as Software Finder is not obligated to back up or guarantee access to it. You represent and warrant that:

  • You have obtained all necessary rights, consents, and permissions to submit and use Vendor Content (including all intellectual property rights); 
  • Software Finder’s use of Vendor Content as contemplated by these Terms will not infringe or violate (a) any intellectual property, privacy, publicity, or contractual rights of any third party or (b) any applicable law, including data protection laws; and 
  • You will promptly notify Software Finder of any illegal or unauthorized use of the Services. 

Except for product information lawfully created by Software Finder, you own all rights in your Vendor Content and grant to Software Finder and its affiliates a worldwide, perpetual, irrevocable, royalty-free, nonexclusive, transferable, and fully sublicensable license to use, reproduce, modify, advertise, market, promote, and publicly display Vendor Content (including logos, trademarks, videos, and screenshots) as reasonably necessary to provide and improve the Services. This license expressly excludes any source code contained in Vendor Content, which Software Finder will not share or use for the benefit of third parties except as necessary to provide the Services. 

By posting or submitting Vendor Content, you further represent and warrant that it does not:

  • Violate any fiduciary duty, duty of confidentiality, or contractual obligation; • Contain unlawful, threatening, harassing, abusive, defamatory, obscene, pornographic, invasive, hateful, or otherwise objectionable material; 
  • Include false or misleading statements or misrepresentations that could damage Software Finder or third parties; 
  • Promote hate speech, discrimination, violence, or illegal activities; 
  • Infringe any patent, trade secret, copyright, trademark, service mark, or other proprietary rights; 
  • Include personal information of third parties (e.g., addresses, phone numbers, Social Security numbers, health data, or credit card details) without consent; or 
  • Contain information you know or reasonably should know to be false or misleading. To ensure a safe and compliant platform, Software Finder reserves the right, at its sole discretion, to:
  •  Remove, refuse to post, or modify any Vendor Content; 
  • Take any action deemed necessary or appropriate, including disclosure of your identity to third parties asserting a legal right violation; 
  • Report any unlawful or unauthorized use to law enforcement authorities; 
  • Suspend or terminate access to all or part of the Services for violations of these Terms; and 
  • Publish or edit Vendor profiles or product listings for compliance, quality control, or user experience purposes.

Because Software Finder does not control Vendor Content, it assumes no responsibility or liability for it, including any inaccuracies, defamation, omissions, or offensive material. Vendor Content is posted at your own risk, and you remain solely responsible for maintaining backup copies. Software Finder may also remove reviews or comments that fail to meet quality standards, including content that is copied from other sources, irrelevant, defamatory, unlawful, AI-generated (except for translations), or otherwise unfit for publication. 

9. PREMIUM FEATURES 

We offer some of our Services (“Premium Features”) for a fee. You may receive a 14-day free trial for these features, subject to Software Finder’s discretion. These features may include access to one CTA (“Call-To-Action”) button, whereby you may change it and/or add a link to your website. You may also add a demo video on another CTA operated by Software Finder, add product screenshots, hide/disable pros and cons for your software, hide alternatives, and edit pricing, along with certain advanced analytics like accessing certain information about users who visited your profile irrespective of their buying intent (“Leads”). 

If you choose to purchase and access these Premium Features, we will collect payment information, such as your credit card, billing address, and other financial account details. In order to use these Premium Features, Vendors must provide account information for at least one valid Payment Method, such as credit card details. For more information on how your personal information is used, please read our Privacy Policy. 

You hereby authorize Software Finder, as applicable, to run credit card authorizations on all credit cards provided by you and to charge your credit card (or any other “Payment Method”) for applicable fees, including taxes, service charges, and any other amounts owed under the Terms. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers, such as Stripe, to process payments and manage your Payment Method information. By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, You are authorized by the company or person to use the Payment Method to make payments on the Website; and (d) such actions do not violate the terms and conditions applicable to Your use of such Payment Method(s), applicable law, or the Terms. When a Vendor authorizes a payment using a Payment Method via the Services, the Vendor represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.

Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Software Finder is not liable to any Vendor if Software Finder does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Software Finder will make commercially reasonable efforts to work with any such affected Vendors to resolve such transactions in a manner consistent with these Terms.

Order Acceptance and Cancellation 

Should you choose to purchase our Premium Features, you agree that your order is an offer to buy, under these Terms, all products and services listed in your order. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 Subscription Terms 

Your purchase of Software Finder’s Premium Features (“Subscription”) may be accessed for a recurring fee (“Subscription Fee”). Your purchase grants you the right to access the Services for a monthly or annual Subscription term (“Subscription Term”), beginning on the date you purchase the Premium Features. The Subscription Fee will be the price in effect at the time you submit your purchase and will be set out in your order confirmation email. Your Payment Method will be charged for the Subscription in accordance with these Terms. Any changes to the Subscription Fee shall be notified to the Vendor by Software Finder with thirty (30) days’ notice.

 Automatic Renewal 

At the end of the initial Subscription Term, your Subscription will automatically renew for additional, successive one-month or one-year (depending on your original Subscription Term) Subscription Terms unless you or Software Finder cancel your Subscription before the end of the billing cycle.

Subscription Cancellations and Refunds

 All Subscription Fees are strictly non-refundable, except as expressly provided below. You may cancel the renewal of an upcoming Subscription Term at any time before the start of that Subscription Term by accessing your Vendor Account settings through the Vendor Portal on the Website. Subscription cancellations take effect only for future terms; your current Subscription will remain active until the end of the then-current Subscription Term, and you will continue to have access to the Services during that period. Once cancellation becomes effective, you will lose access to all paid Premium Features. 

If you cancel your Subscription, your Vendor Content shall remain published on the Website and/or the Vendor Portal “as is” and may only be edited, modified, or removed at Software Finder’s sole discretion. 

Refunds will only be granted in the following circumstances: (a) where a technical or service issue attributable to us prevents you from accessing the subscribed features; (b) where you are accidentally charged in error; or (c) where you are overcharged beyond an agreed or discounted amount. Refunds will not be issued for dissatisfaction with particular features, for failure to utilize the Services, or for failure to cancel a Subscription during a free trial period (if offered). 

10.AUTHORIZED USER 

You are responsible and liable for all access to and use of the Services resulting from credentials, permissions, or access granted by you, whether authorized or unauthorized, and whether such access or use complies with or violates these Terms. This includes all acts and omissions of any person you permit, directly or indirectly, to access or use the Services on your behalf (“Authorized User(s)”), and any act or omission by an Authorized User that would constitute a breach of these Terms will be deemed a breach by you. You must ensure that all Authorized Users are aware of and comply with the applicable provisions of these Terms. 

11. PROHIBITED USES 

You may use our Vendor Portal, Website, and Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any use, including but not limited to, that: 

  • Violates these Terms or any applicable federal, state, local, or international law or regulation (including, without limitation, laws regarding the export of data or software to and from the U.S. or other countries). 
  • Exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, requesting personally identifiable information, or otherwise engaging in abusive conduct. 
  • Posts, uploads, sends, knowingly receives, uses, or re-uses any material that does not comply with these Terms. 
  • Transmits or procures the sending of unauthorized advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations. 
  • Impersonates or attempts to impersonate Software Finder, any Software Finder employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
  • Engages in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Software Finder or users of the Services or expose them to liability. 
  • Uses, or attempts to use, any data or content found on or accessed through our Services as input into or for the training or development of generative artificial intelligence, machine learning models, algorithms, or similar technologies, or otherwise to create derivative works, compilations, or collective works, or in any manner that infringes, misappropriates, or otherwise violates intellectual property rights, or that enables third parties to access, use, or benefit from our proprietary intellectual property. 
  • Engages or accesses the Services for any competitive purpose, including copying, scraping, soliciting, or conducting competitive or market analysis, or any other use by a competitor. 
  • Uses or develops any third-party applications that interact with our Services or User or Vendor Content information without our written consent. 
  • Uses the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real-time activities. 
  • Uses any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. 
  • Uses any manual process to monitor or copy any of the material on the Services or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Uses any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
  • Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services. 
  • Attacks the Services via a denial-of-service attack or a distributed denial-ofservice attack or otherwise attempts to interfere with the proper working of the Services. 
  • Accesses or uses customer data, including personal data, of any end users of Software Finder in violation of these Terms. 
  • Violates any data protection or privacy law or regulation when using the personal data of end users of Software Finder. 
  • Reprints, republishes, or otherwise copies content from the Website, Vendor Portal, or Services without our written consent. 
  • Accesses or uses the Vendor Portal or Website or any information thereon, including any collection or use of any product listings, descriptions, or prices, or any use of any page on the Vendor Portal or Website, for any purpose other than to advertise Vendor products or services. 
  • Resells any content or information accessed or downloaded from the Vendor Portal.

 Consequences of Violations We reserve the right, in our sole discretion and without prior notice, to: 

  • Remove or refuse to post any Vendor Content for any reason or no reason at all.
  • Terminate, suspend, or restrict your Vendor Account or access to all or part of the Services immediately, without a refund applied to your account, if we believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or otherwise created potential legal exposure for Software Finder. 
  • Disclose your identity and information to law enforcement authorities or third parties when required by law or when we believe disclosure is necessary or appropriate to protect rights, property, or safety. 
  • Pursue recovery of damages, costs, and attorney’s fees associated with any violation, through arbitration as provided under our Dispute Resolution and Arbitration clause, and, where applicable, seek injunctive or equitable relief. 
  • Report your conduct to relevant authorities and cooperate fully with any resulting investigation.

 Violations of system or network security may result in civil and criminal liability. All disputes relating to the enforcement of these prohibitions shall be resolved through binding arbitration, except where injunctive or equitable relief is sought to prevent immediate and irreparable harm. 

You may terminate these Terms at any time and for any reason by deleting your Vendor Account and discontinuing your use of all Services. You may delete your Vendor Account by accessing your Vendor Account settings on the Vendor Portal or by contacting us at info@softwarefinder.com. If you delete your Vendor Account, Software Finder may still retain certain information associated with your Vendor Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Services and our users, or take other actions otherwise permitted by law. Moreover, if certain information has already been provided to third parties as described in our Privacy Policy, retention of that information will be subject to those third parties’ policies. 

12. INTELLECTUAL PROPERTY RIGHTS 

The Services and its entire contents, features, and functionality (including but not limited to the Website, Vendor Portal, software, mobile applications, text, compilations, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Software Finder, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

Software Finder hereby grants you a non-exclusive, non-transferable, nonsublicensable, limited, revocable license to access and use the Service as outlined in these Terms and expressly conditioned upon your Vendor Account remaining active, in good standing, and in full compliance with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by these Terms. Further, you must not use the Services for any other purposes intended to benefit a party other than you. The Software Finder name, logo, trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of Software Finder or its affiliates or licensors. You must not use such marks without the prior written permission of Software Finder. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners. Any artwork, layout, and documentation published by Software Finder is Software Finder’s copyright and must not be copied, distributed, or used for commercial benefit without Software Finder’s consent. Any original and protected Vendor Content uploaded by you shall remain your intellectual property. By submitting such content, you grant Software Finder, its affiliates, and representatives a perpetual, worldwide, royalty-free, non-exclusive, transferable, and sub-licensable license to use, display, translate, market, promote, and advertise the same in connection with the Services. 

Any non-protectable or publicly available information related to you may, at our discretion, be amended upon your request, subject to the level of subscription you hold with us. However, Vendor Content, including publicly available information about your software published by Software Finder or uploaded by you, will not be removed in its entirety upon request, except at Software Finder’s sole discretion. 

13. PRIVACY NOTICE 

Your use of the Services may involve the transmission of your personal information to us. Our practices regarding the collection, use, disclosure, and protection of such personal information are governed according to our Privacy Policy, hereby incorporated into these Terms by reference. Please review our Privacy Policy before beginning to use our Services. By using our Services, you have also acknowledged and agreed to our Privacy Policy. We and Vendors agree to comply with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and any other applicable data privacy legislation.

 14. DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work has been copied, posted, or otherwise used on the Website or Services in a way that constitutes copyright infringement, please send a written notice to our designated DMCA Agent at legal@softwarefinder.com.

 Your notice must include the following information:

  •  Identification of the copyrighted work claimed to have been infringed;
  •  Identification of the material that is claimed to be infringing, and information sufficient to permit us to locate the material on the Website or Services;
  •  Your contact information (address, telephone number, and e-mail address); 
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and 
  • Your electronic or physical signature. Upon receipt of a proper notice, we will remove or disable access to the identified material as required by the DMCA and applicable law. Counter-Notification If you believe that your material was removed or disabled as a result of mistake or misidentification, you may send a counter-notification to our DMCA Agent that includes the following:
  • Identification of the material that has been removed or disabled and the location where it appeared before removal; 
  • A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; 
  • Your name, address, and telephone number; 
  • A statement that you consent to the jurisdiction of the Federal District Court for your judicial district (or, if you are located outside of the United States, the Federal District Court for the district in which we are located), and that you will accept service of process from the person who provided the original notice or their agent; and 
  • Your electronic or physical signature. 

    Upon receipt of a valid counter-notification, we may restore the removed material within 10–14 business days, unless the copyright owner files an action seeking a court order to restrain you from engaging in infringing activity. 

15. THIRD-PARTY CONTENT, ADVERTISEMENTS, AND PROMOTIONS 

The Website or Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“ThirdParty Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your vendor contributions. 

16. WARRANTY DISCLAIMER 

WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THESE SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU. 

17. FORCE MAJEURE

 Software Finder shall not be liable for, or deemed to be in breach of these Terms due to, any delay, interruption, or failure to perform its obligations in providing the Services to the Vendor arising from events or circumstances beyond its reasonable control. Such events include, but are not limited to, acts of God, natural disasters (such as floods, earthquakes, storms, or fires), epidemics, pandemics, quarantine restrictions, acts of war, terrorism, civil unrest, labor disputes or strikes, governmental actions or orders, embargoes, power outages, telecommunications or internet failures, hosting or infrastructure breakdowns, or other similar events making performance commercially impracticable.

During the continuance of such an event, Software Finder’s obligations shall be suspended without liability, and the Vendor acknowledges that access to the Services, whether paid or free, may be delayed, limited, or unavailable. No refunds, credits, or other compensation will be issued for any unavailability, suspension, or disruption of Services caused by a force majeure event. Software Finder will use commercially reasonable efforts to mitigate the impact and restore Services as soon as reasonably practicable. If the event continues for an extended period that renders performance impracticable, Software Finder may, in its sole discretion, suspend or terminate access to the affected Services without further obligation, other than for fees accrued for Services already delivered before such suspension or termination. 

18. LIMITATION OF LIABILITY 

IN NO EVENT WILL SOFTWARE FINDER BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT FOR THE FOREGOING EXCLUSIONS, IN NO EVENT WILL SOFTWARE FINDER’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED (i) THE FEES PAID BY YOU TO SOFTWARE FINDER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. YOU ACKNOWLEDGE THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SOFTWARE FINDER. 

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Software Finder, its parents, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, together with their respective officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your access to or use of the Services in violation of these Terms or applicable law; (ii) any content, including Vendor Content, submitted, posted, or otherwise provided by you or through your account; (iii) any violation by you, including your Authorized Users, of any third-party rights, including intellectual property, publicity, or privacy rights; (iv) any negligent, fraudulent, or wrongful conduct by you; or (v) your acceptance of these Terms on behalf of an organization without the legal authority to bind that organization. You may not settle any claim subject to this indemnity without Software Finder’s prior written consent, and Software Finder shall have the right, but not the obligation, to control the defense of any such claim. To the maximum extent permitted by law, Software Finder disclaims all indemnification obligations, and if any indemnification is required by applicable law, Software Finder’s sole indemnification obligation shall be limited to defending you against a third-party claim alleging that the unmodified Services, when used as permitted under these Terms and in the United States, directly infringe a third party’s U.S. copyright or trademark right. Software Finder shall have no liability or indemnity obligation for claims arising from Vendor Content or other user content, modifications not made by Software Finder, use of the Services in combination with products, services, or data not provided by Software Finder, use of the Services outside their intended purpose, or any patent claims. Any indemnification obligation of Software Finder is expressly subject to the section on Limitation of Liability, and in no event shall exceed the fees paid by you to Software Finder in the twelve (12) months preceding the event giving rise to the claim. These indemnification obligations shall survive the termination or expiration of these Terms. 

20. DISPUTES AND ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY. 

  1. We hope we never have a dispute, but if we do, you and we agree to try to resolve it informally before pursuing arbitration or small claims court. Upon receipt of a Notice of Dispute, the parties’ authorized representatives shall engage in good-faith negotiations for at least sixty (60) days to attempt to resolve the dispute. If the dispute cannot be resolved during this period, the parties may proceed with arbitration as described below. 
  2. If no resolution is reached, unless otherwise agreed in a written agreement with Software Finder, you and we agree that any dispute, claim, or controversy between you and Software Finder shall be resolved exclusively by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and not any other AAA rules, unless expressly agreed in writing), and governed by the Federal Arbitration Act (“FAA”). You and we agree not to sue in court before a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final, except for a limited right of review under the FAA.
  3. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, representative proceedings, and the consolidation or combination of individual proceedings without the prior written consent of all parties are strictly prohibited. Nothing in this Section prevents a court from considering a request for public injunctive relief only to the minimum extent required by applicable law. All other claims and remedies must proceed in individual arbitration first, and any court proceeding will be stayed pending arbitration.
  4. Disputes Covered: The term “dispute” is interpreted broadly and includes any claim or controversy under any legal theory (contract, tort, statute, regulation, warranty, etc.). Disputes relating to the enforcement or validity of intellectual property rights are also subject to arbitration, except that Software Finder may bring actions in court to enforce its own intellectual property rights.
  5. Notice of Dispute: Before initiating arbitration, you must first send us a written Notice of Dispute to legal@softwarefinder.com (subject line: “Notice of Dispute”). Your notice must include your name, email, residential address, a description of the dispute, the facts as you understand them, and the resolution you seek. This Notice of Dispute is a prerequisite to arbitration, and any applicable statute of limitations will be tolled while this process, including the mandatory sixty (60)-day negotiation period between the parties’ authorized representatives, is ongoing. 
  6. Small Claims Option: Either party may bring an individual action in small claims court, seeking only individualized relief, so long as the matter qualifies. Any such action must be brought in the United States, in the state of Software Finder’s principal place of business. 
  7. Arbitration Procedure: The AAA will conduct any arbitration under its Consumer Arbitration Rules. More information is available at www.adr.org or 1-800-778-7879. This Agreement, including this Dispute Resolution clause, governs to the extent it conflicts with any applicable AAA rules. To initiate arbitration, you must submit the AAA’s Demand for Arbitration form and send a copy to legal@softwarefinder.com. Any hearing will be held by telephone or videoconference unless the arbitrator finds good cause for an in-person hearing. Any in-person hearing will take place in the United States, in the state of Software Finder’s principal place of business, unless the parties agree otherwise. The arbitrator may award the same individual damages or relief as a court could, provided that any award is subject to the “Limitation of Liability” section of these Terms. 
  8. Authority of Arbitrator: The arbitrator shall have the exclusive authority to resolve all issues regarding the scope, validity, enforceability, and interpretation of this arbitration agreement and the Terms, including any questions about whether a dispute is subject to arbitration. A court’s authority is limited solely to enforcing the prohibition on class, representative, or consolidated actions and considering a request for public injunctive relief only as required by law.
  9. Opting Out: You have the right to opt out of this Disputes and Arbitration clause by personally signing and sending us notice by email to legal@softwarefinder.com. The notice must be sent within 30 days of the date on which you first accessed the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Disputes and Arbitration clause. If you opt out of this Disputes and Arbitration clause, Software Finder also will not be bound by it.
  10. Severability: If any part of this arbitration clause is found unenforceable after all appeals, the remainder shall remain in effect, and arbitration shall proceed on all remaining claims. 

21. GOVERNING LAW 

These Terms of Service and any claim arising out of these Terms will be governed by and construed under the laws of the State of Delaware. 

22. SURVIVAL 

After these Terms of Service terminate, the terms that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred before termination of the Terms or that thereafter may accrue in respect of any act or omission before such termination. 

23. ASSIGNABILITY 

You may not assign the Terms, or any of its rights or obligations hereunder, without Software Finder’s prior written consent in the form of a written instrument signed by a duly authorized representative of Software Finder. Software Finder may freely assign these Terms of Service without the Vendor’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties. 

24. WAIVER AND SEVERABILITY 

No waiver by Software Finder of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Software Finder to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

25. ACCESS OF THE SITE OUTSIDE THE UNITED STATES

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

To access or use the Website or Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services and Website, and your license to use the Services will be immediately revoked. 

26.CONSENT TO USE ELECTRONIC RECORDS 

In connection with the Terms, you may be entitled to receive certain records from Software Finder or our affiliates, including but not limited to contracts, notices, and communications, in writing. To facilitate your use of the Services, you permit us to provide these records to you electronically instead of in paper form. 

27. CONTACT INFORMATION 

For questions or concerns related to the Terms, please contact us at info@softwarefinder.com.