[TEMPLATE — REVIEW WITH COUNSEL BEFORE PUBLISHING] This document is a starting-point draft prepared by the founder of Steadfast Software LLC. It is not legal advice and has not been reviewed by a Florida-licensed attorney. Several clauses below — particularly limitation of liability, arbitration, and governing law — vary in enforceability by jurisdiction and should be reviewed by counsel before publishing.
Effective date: [YYYY-MM-DD]
These Terms of Service (“Terms”) govern your use of the website steadfastsoftwarellc.com and the software products published by Steadfast Software LLC, a Florida limited liability company (“Steadfast”, “we”, “us”, “our”). The current products covered are CastForge and Indestructible Update Engine (collectively, the “Software”).
By visiting the website, downloading or installing the Software, or purchasing a license, you agree to these Terms. If you do not agree, do not use the website or the Software.
If you are agreeing on behalf of a company, you represent that you have authority to bind that company to these Terms.
Subject to your compliance with these Terms and payment of any applicable license fee, Steadfast grants you a non-exclusive, non-transferable, revocable license to install and use the Software for your personal or internal business purposes.
Each license is:
The license becomes effective on payment and remains in effect until terminated under Section 8.
You agree not to:
The Software, the website, the names “CastForge” and “Indestructible Update Engine”, and all associated logos, source code, designs, documentation, and trademarks are the exclusive property of Steadfast Software LLC. These Terms grant you a license to use the Software; they do not transfer any ownership.
You retain ownership of any content you create using the Software. We claim no rights to your content.
THE SOFTWARE AND THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEADFAST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Software will be uninterrupted, error-free, secure, or that defects will be corrected.
Some jurisdictions do not allow exclusion of certain implied warranties, so portions of this disclaimer may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STEADFAST’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SOFTWARE, OR THE WEBSITE — WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY — IS LIMITED TO THE TOTAL AMOUNT YOU PAID STEADFAST FOR THE APPLICABLE LICENSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL STEADFAST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Steadfast Software LLC, its sole member, and its agents from and against any claims, damages, losses, liabilities, and expenses arising from: (a) your breach of these Terms, (b) your misuse of the Software, or (c) your violation of any law or third-party right while using the Software.
These Terms and your license remain in effect until terminated. They terminate automatically and immediately if you breach any material provision. On termination, you must stop using the Software and uninstall it. Sections 4, 5, 6, 7, 9, and 11 survive termination.
We may also terminate or suspend license-activation service for a specific license key if we determine in good faith that the key has been leaked, shared, or used in violation of these Terms.
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles.
Informal resolution first. Before filing any formal claim, you agree to email us at Mike@steadfastsoftwarellc.com with a description of the dispute, and to allow us thirty (30) days to attempt to resolve it informally.
Then small claims or arbitration. If informal resolution fails, any dispute will be resolved either in a small-claims court with jurisdiction over Broward County, Florida, if the claim qualifies, or by binding individual arbitration seated in Broward County, Florida, administered under the Commercial Arbitration Rules of the American Arbitration Association.
You and Steadfast each waive the right to a jury trial and the right to participate in a class action.
Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Steadfast.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of substantially all our assets.
We may update these Terms from time to time. The new version takes effect on the Effective date posted at the top. Material changes will be announced on the website’s home page for at least 30 days before they take effect.
Steadfast Software LLC 20331 NW 2nd St, Pembroke Pines, FL 33029, USA Mike@steadfastsoftwarellc.com