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Hex Software Terms of Service. By using our service, you are agreeing to comply with the following terms and conditions.
Effective Date: 03/01/2025
IMPORTANT, READ CAREFULLY: This Terms of Service ("Terms") is a legally binding agreement between you (the "User") and Hex Software (the "Provider"). By installing, accessing, or using the Hex Software ("Software"), you agree to be bound by these Terms. If you do not agree with these Terms, do not use the Software.
Binding Agreement: By using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future modifications.
Entire Agreement: This document constitutes the entire agreement between you and the Provider regarding the Software, superseding all prior communications or agreements.
License Grant: The Provider grants you a limited, non-exclusive, non-transferable license to use the Software solely for its intended purposes.
License Non-Transferability: You agree that you may not share, assign, or transfer your license or any access credentials to any third party.
Restrictions on Reverse Engineering: You are expressly prohibited from decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code of the Software.
Usage Limitations: You agree not to modify, distribute, or create derivative works based on the Software. The Software must not be used for any unlawful or unauthorized purpose.
Third-Party Terms: You acknowledge that using the Software in connection with third-party services may violate their terms of service, and any resulting consequences are solely your responsibility.
Legal Compliance: You agree to use the Software in full compliance with all applicable local, state, national, and international laws. Risk Acknowledgment: You acknowledge that any actions taken by you while using the Software are at your own risk. The Provider does not control and is not responsible for any third-party policies or enforcement actions, including bans or other penalties.
"As Is" Basis: The Software is provided on an "as is" and "as available" basis, with all faults and without any warranty, whether express, implied, statutory, or otherwise.
No Guarantee: The Provider expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
Jurisdictional Limitations: Where certain warranties cannot be disclaimed by law, the disclaimers shall apply to the fullest extent permitted.
Exclusion of Damages: In no event shall the Provider be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, data, or other intangibles, even if advised of the possibility of such damages.
Scope of Liability: This limitation applies regardless of the legal theory under which any claim is brought, including but not limited to contract, tort (including negligence), or strict liability.
User Sole Responsibility: You assume full responsibility for all actions taken using the Software, including any adverse effects, legal disputes, or third-party actions (such as account suspensions or bans) resulting from your use. Third-Party Interactions: The Provider shall not be held liable for any outcomes related to your interactions with third-party services or platforms.
Hold Harmless: You agree to indemnify, defend, and hold harmless the Provider, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your use of the Software;
Your breach of these Terms;
Any violation of applicable laws or the rights of a third party.
Cooperation: In the event of a claim, you agree to cooperate fully with the Provider in the defense of such claim.
Termination by Provider: The Provider reserves the right to terminate or suspend your access to the Software at any time and for any reason, including without limitation any breach of these Terms.
No Refunds: In the event of termination, whether for cause or at the Provider's discretion, any fees paid for the license will be non-refundable.
Effect of Termination: Upon termination, your right to use the Software will immediately cease, and you agree to immediately cease all use of the Software and destroy any copies in your possession.
Mandatory Arbitration: Any disputes arising out of or relating to these Terms or your use of the Software shall be resolved exclusively through binding arbitration in accordance with the rules of [Insert Arbitration Organization or Rules], except where prohibited by law. Limited Court Access: Notwithstanding the arbitration provision, you may bring claims in small claims court if eligible, and this provision does not preclude the seeking of injunctive or other equitable relief.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of Oklahoma, without regard to conflict of law principles.
Exclusive Venue: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Oklahoma.
Unforeseeable Events: The Provider shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, or other events constituting force majeure.
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
No Waiver: The failure of either party to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in the future.
Right to Modify: The Provider reserves the right, at its sole discretion, to modify, update, or change these Terms at any time without prior notice.
Continued Use: Your continued use of the Software after any modifications constitutes your acceptance of the revised Terms.
Non-Transferable: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Provider. The Provider may assign these Terms at its discretion.
Entire Agreement: These Terms constitute the entire agreement between you and the Provider concerning your use of the Software. No Reliance: You acknowledge that you have not relied on any statements or representations other than those set forth in these Terms when deciding to use the Software.
Independent Provisions: The headings in these Terms are for convenience only and shall not affect the interpretation of any provision.
By using Hex Software, you expressly acknowledge that you assume all risks associated with its use and agree that the Provider shall not be liable for any claims or damages arising from your actions or any unauthorized use of the Software.
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