Terms
of Use

1. PURPOSE OF THE WEBSITE

All the materials contained on this website are provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and the Company.

2. USE OF THE WEBSITE

While using the website you guarantee that:

• if you are an individual, you represent and warrant that you are of legal age in your jurisdiction of residence;
• you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the website or any portion of the website;
• you will not take any action that imposes an unreasonable load on the website’s infrastructure;
• you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;
• you will not use “crawls,” “scrapes,” or “spiders” or any other automatic means to collect the information, content or material on this website;
• you will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this website;
• you will not delete or alter any material posted on this website by Sigma Software Design;
• you will not use this website or the content of this website, including but not limited to the text and images herein and their arrangement to violate, plagiarize or in any other manner infringe upon the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
• you will not attempt (or encourage or support anyone else’s attempt) to interfere with this website with the help of malicious code or by using other inappropriate and harmful means.

3. INTELLECTUAL PROPERTY RIGHTS

This website is protected by intellectual property rights and is the exclusive property of Sigma Software Design. All material displayed, published or otherwise available on Sigma Software Design’s website, including, but not limited to text, graphics, data, articles, information, photos, images, illustrations, programming code, etc., is protected by copyright and/or other intellectual property laws and remains the Sigma Software Design’s or third party’s property.

During the use of the website you agree to abide intellectual property laws, copyright notices, trademark rules and other restrictions related to the material available of the website.

You may use the material on this website for personal and non-commercial purposes in accordance with the respective principles of intellectual property law. Any other use or modification of the content and material on the website without Sigma Software Design’s prior written authorization is prohibited.

Thus, you guarantee that you will not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble, license, sell, exploit, display, modify, attempt to derive the software code for the underlying intellectual property used to run this website or otherwise use any material or content on the website not owned by you for any purposes or in any way that violates Sigma Software Design’s or third party’s rights.

4. THIRD PARTIES LINKS AND WEBSITES

Sigma Software Design provides links from this website to websites operated by other entities. It is impossible for Sigma Software Design to monitor the materials and content that you access by clicking on the links provided at our website. You agree that you use these websites, their content and materials at your own risk. Consequently, you should protect yourself against viruses, worms, Trojan horses and any other malicious software that other third-party websites may have.

Links to third-party websites are provided for convenience only and do not imply any approval or endorsement by Sigma Software Design of the linked sites, even if they may contain Sigma Software Design’s logo, such sites are beyond our control. We make no warranty or representation, we do not accept any responsibility regarding any content or information in websites linked from our website or any of the products or services described or offered there.

5. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SIGMA SOFTWARE DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. SIGMA SOFTWARE MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

6. INDEMNIFICATION

You are solely responsible for your conduct and information related to the use of the website. You agree to indemnify and hold Sigma Software Design harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that relate to the usage of the website. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) the information you provide to us whether personal or not; (b) your use of the website; (c) your violation of any laws or regulations; (d) third-party claims that you did something that would violate law or any of these Terms of Use; (e) any misrepresentations made by you.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL SIGMA SOFTWARE DESIGN, OR ANY OF OUR CO-FOUNDERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PRIVATE ENTREPRENEUR CONTRACTORS, SUBCONTRACTORS, VENDORS, CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (4) ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PROTECTED ENTITY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY MATERIALS OR SERVICES ON THIS WEBSITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR THE USAGE AND ANYTHING THAT ARISES FROM IT.

8. CONFIDENTIAL INFORMATION

We do not want to receive any confidential or proprietary information from you through this website. Please note that any information sent to us will be deemed as non-confidential. By sending Sigma Software Design any information you grant us a right to freely use it at our own discretion.

9. APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by the Law of Ukraine with the exclusive jurisdiction of the courts of Ukraine to resolve any dispute between Sigma Software Design and you arising under or in connection with these Terms of Use.

10. NULLITY OF A PROVISION

If any term, provision or wording, etc., in these Terms of Use held for any reason invalid, illegal or unenforceable, such invalidation or other actions shall not affect any other term, provision or wording of these Terms of Use.

11. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us regarding the use of this website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

12. CONTACT INFORMATION

Any questions, inquires, or complaints regarding these Terms of Use please send to design@sigma.software.