Terms of Service

1. Eligibility

You must be at least 13 years old to use SoftServer. By using the Service, you represent that you meet this requirement and that you are using the Service for lawful purposes.

2. Your account

You sign in using a third-party authentication provider (Apple, Google) or with an email address and password. You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that happens under your account. Notify us at hello@hdblabs.com if you suspect unauthorized access.

3. User content

SoftServer lets you post ratings, comments, reactions, and profile information (“User Content”). You retain ownership of your User Content. By posting, you grant us a non-exclusive, worldwide, royalty-free license to host, display, and distribute it as needed to operate the Service.

You are responsible for what you post. Don’t post content that is unlawful, harassing, defamatory, hateful, sexually explicit, threatens or impersonates others, infringes intellectual property rights, or contains spam or malware.

4. Acceptable use

You agree not to:

• Impersonate another person or business
• Scrape, crawl, or harvest data from the Service except via official APIs
• Reverse engineer, decompile, or attempt to extract source code or credentials
• Submit ratings or content on behalf of someone else without permission
• Interfere with the operation of the Service or other users
• Use the Service to violate any applicable law

5. Ratings, vendors, and accuracy

Ratings and comments on SoftServer are the personal opinions of users and do not represent the views of any vendor (e.g. ice cream shops or restaurants whose products are listed). Vendor names, products, and other identifying information are used for informational purposes only. SoftServer is not affiliated with, endorsed by, or sponsored by any vendor unless explicitly stated.

6. Intellectual property

The SoftServer name, logo, design, and original code are owned by hdblabs and protected by intellectual property laws. You may not copy, modify, or distribute them without permission. Vendor names and product names referenced in flavor entries belong to their respective owners.

7. Termination

You may stop using the Service at any time and request account deletion by emailing hello@hdblabs.com. We may suspend or terminate your account if you violate these Terms or if continued provision of the Service to you would harm us or other users.

8. Disclaimer of warranties

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

9. Limitation of liability

To the fullest extent permitted by law, hdblabs and its operators are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim arising from these Terms or the Service is limited to one hundred US dollars (USD $100).

10. Indemnification

You agree to defend, indemnify, and hold harmless hdblabs from any claim, damage, or expense (including reasonable attorneys’ fees) arising out of your User Content, your use of the Service, or your violation of these Terms.

11. Governing law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction of those courts.

12. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

13. Survival

The sections covering User Content, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any other provisions intended by their nature to survive will continue to apply after your account or these Terms are terminated.

14. Notices

We may give you notices through in-app messages, email to the address associated with your account, or by posting them on softserverapp.com. You may give us legal notice by emailing hello@hdblabs.com.

15. Assignment

You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially any assets, or by operation of law, without notice or consent.

16. Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings on the subject. Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.

17. Force majeure

We are not liable for any failure or delay in performing under these Terms when caused by events beyond our reasonable control, including acts of nature, war, terrorism, civil unrest, fire, flood, accidents, pandemics, government action, network or service-provider outages, hardware or software failures of third parties, or shortages of labor or materials.

18. Feedback

If you send us feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate that Feedback for any purpose, without obligation or compensation to you. We are not required to use any Feedback you send.

19. Dispute resolution: arbitration and class action waiver

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as set out below. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this section.

Carve-outs.Either party may bring an individual action in small-claims court for any claim within that court’s jurisdiction, and either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Class action waiver. You and we agree to bring any Dispute only in our individual capacities, and not as a plaintiff or class member in any class, collective, consolidated, or representative action.

Opt-out. You may opt out of this arbitration agreement and class action waiver by emailing hello@hdblabs.com within 30 days of first accepting these Terms, with the subject line “ARBITRATION OPT-OUT” and the email address associated with your account. If you opt out, this section will not apply to you.

Severability of this section. If any portion of this section is found unenforceable as to a particular Dispute or claim, that portion will be severed and the affected Dispute or claim will proceed in court under section 11 (Governing law); the remainder of this section will continue to apply.

20. Changes to these Terms

We may update these Terms over time. When we make material changes, we will update the “Last updated” date and, when appropriate, notify you in the app. Continued use of the Service after changes means you accept the updated Terms.

21. Contact

Questions about these Terms? Email hello@hdblabs.com.

Related

Privacy Policy