Software Terms Of Use

IMPORTANT

Please read the Software Terms Of Use carefully before using this software. By using the SoloAssist software in any way, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement. If you do not agree to these terms, do not use this software in any way, immediately delete the software from any computer or device hardware in your possession or other, then notify SoloAssist to deactivate your user access.

USER LICENSE GRANT

The 'Software Terms Of Use' is a legal agreement between you, either an individual or a single entity, ('You') and SoloAssist Pty Ltd ('SoloAssist'). SoloAssist grants 'You' a non-exclusive and non-transferable license to use the SoloAssist software, which includes any associated media, documentation, updates, and product keys ('Software'). The Software also includes any updates, add-on components, web services, and supplements that SoloAssist may in the future provide to 'You' or make available to 'You', to the extent such items are not accompanied by a separate license agreement or terms of use.

Each 'User License' of the 'Software' grants 'You' the right to install and activate the 'Software' on a specified number of devices for the sole use by one (1) named user. For SoloAssist Estimating, this is for two (2) devices. For SoloAssist Plan Scan (standalone) this is for one (1) device. You may use the Software only within your physical business, your personal premises or on portable computer hardware devices so long as the Software is only being used by 'You' exclusively for your business. 'You' agree to use your best efforts to prevent and protect the contents of the 'Software' from unauthorised use or disclosure. 'You' agree that you will obtain this 'Software' and its Product Key only from SoloAssist and that you will only install, activate, and use a Product Key obtained directly from SoloAssist.


GENERAL

SoloAssist and the SoloAssist logo are registered trademarks of SoloAssist Pty Ltd. All other logos are the registered trademarks of their respective owners.

This computer program is protected by copyright law and international treaties. Unauthorised reproduction or distribution of this program, or any portion of it is a criminal offence and may result in civil and criminal penalties, and will be prosecuted to the full extent of the law.

This computer program is provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. By installing, activating or using this program, you agree to hold harmless SoloAssist Pty Ltd including its staff and affiliates, in the event of damage or loss in conjunction with the use of this program.


USER DEVICE ACTIVATIONS

If you have purchased a SoloAssist user license with 2 device activations, then both device activations need to use the same device user account names. You cannot share a single user license between 2 different user account names. A user is classed as a single person or a devices user account name. When activating your SoloAssist user license on your device, 'You' grant SoloAssist authorisation to record the SoloAssist activation date, the device user account name, the unique identification ID code of the device. This is used to validate your SoloAssist user license as current. Please note, using your SoloAssist user license device activations outside the end user license agreement can terminate your user license access. If this occurs, please contact SoloAssist for a new 'Product Key' to move your device activation/s to the correct device user account names. If you require extra users of SoloAssist, please purchase a separate user license for each different user that requires a separate device. Please click the link below to see pricing and to purchase.

Click here: Purchase Extra User Licenses


CONNECTIVITY

The Software requires the use of an active Internet connection to access online services provided by SoloAssist. By using the Software, you agree to allow the Software to make use of your Internet connection and any required resources in order to allow the Software to access these online services. You agree to allow the Software to use these resources as often as necessary and to connect to these online services as often as necessary. The Software may also transmit information to SoloAssist regarding the operation of the Software. This information may at times contain information that can in averted allow SoloAssist to derive your identity. You agree to allow the Software to collect and transmit such information to SoloAssist, which is used to improve the services provided to You by SoloAssist.


RESTRICTIONS

You may not lease, rent, sell, or otherwise transfer or distribute copies of the Software to others, nor may you create derivative works of the Software. You may not modify or translate the Software without the prior consent of SoloAssist. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from the Software. You agree that aspects of the licensed materials, including the specific design and structure of individual aspects of the Software, constitute trade secrets and/or copyrighted material of SoloAssist. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of SoloAssist. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material.

You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name or product name of SoloAssist or any derivation thereof. All representations to the company name and product name must remain as originally distributed regardless of the presence or absence of a copyright symbol. The only exception to this is the “SoloAssist” image used as an example logo when printing quotes. This may be changed to your own logo using the provisions provided by the Software.

You may not copy or redistribute the Software or any printed material accompanying the Software without prior written consent from SoloAssist. However, you may make copies of any sample quote file included with the Software and use these sample quote file copies for normal usage purposes as outlined by the Software Terms Of Use.


TERMS

This license is effective until terminated. You may terminate this license at any time by destroying the Software and your Product Key. Without prejudice to any other rights, SoloAssist may terminate your 'user license' if 'You' fail to comply with the terms and conditions of the 'Software Terms Of Use' agreement. In such an event, you must destroy all copies of the Software and all of its components and parts. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Software and your Product Key. SoloAssist reserves the right to terminate your user license should you fail to remit payment for any outstanding balance owed by you to SoloAssist, including compulsory annual license renewal payments, training bills and or other.


QUOTING TEMPLATES / SAMPLE TEMPLATE

The 'Sample Template' that comes free in SoloAssist, is for demonstration and learning purposes only, to showcase the SoloAssist features. It's content of work groups, groups, items, cost centres, payment stages, pricing, quantity calculations, job specifications, terms and conditions, organisation business terms of trade, or other, is an example only. It should not be used for quoting, contracting, consulting or personal purposes without updating its content and pricing to suit each specific use case.

Do not use any SoloAssist quote file (.quo) template, including the 'Sample Template' for personal, business, or contracting purposes without a licensed lawyer conducting a full legal liability audit of it's content 'your quote or job template' and applying the required changes to mitigate your liability with your client, owner, supplier, subcontractor, recipient, or other. This is not limited to physical and digitally produced reports.

We strongly recommend you employ a licensed lawyer that specialises in building construction law to ensure all your SoloAssist software templates produce documentation, reports, specifications, terms and conditions, organisation business terms of trade, or other, to mitigate your liability to conduct business in a professional manner with your client, owner, supplier, subcontractor, recipient, or other.

Quoting Template Pricing Updates

The SoloAssist software quoting templates, sample template, or copies of it, do not get updated automatically by SoloAssist. For pricing updates, SoloAssist provided several features for you to update your own personal user pricing for your business. This is the only way to keep your SoloAssist pricing or price list updated to suit the pricing in your region or location for which the pricing is required.

Do not use the pricing from the SoloAssist software 'Sample Template' or a copy of it. It is sample pricing for demonstration and learning purposes only.


TECHNICAL SUPPORT

SoloAssist Technical Support is limited to be within the following guidelines. These guidelines ensure we can help you and our other users, as promptly and methodically as possible.

a) You must be a current registered user of SoloAssist.

b) Your annual user license renewal must be paid in full.

c) All SoloAssist technical support requests must be submitted through the SoloAssist website Contact Us ► Enquiry Type ► Technical Support

d) The technical support issue submitted, must be a SoloAssist software issue, and not a computer or device technical issue, operating system issue, or other. SoloAssist is not a free computer or device IT technician service.

e) All technical support email correspondence of the issue submitted, must stay on the same email thread so the email history of the issue can be tracked through a single email in date and time order of each email reply.

f) We do not accept or reply to text messages from any device, phone, or artificial intelligence. Nor do we accept or reply to 3rd party emails that are from a non active SoloAssist registered user. Please use the SoloAssist Help Centre.

g) SoloAssist reserves the right to deny technical support to any user that changes the original contact person of the technical support request submitted.

h) SoloAssist reserves the right to deny any enquiry or submitted technical support issue if they believe it is not an issue caused by SoloAssist software, or if the information and details submitted is insufficient to adequately identify the issue.

i) SoloAssist reserves the right to deny technical support to any registered user or other user, that has conducted in abusive, threatening, or demanding behaviour. Not limited to, verbal, email, text message, social media, or other.

j) SoloAssist reserves the right to deny technical support to any user that changes their story of events from the original technical support issue submitted.

k) SoloAssist reserves the right to invoice any registered user for a Technical Support request that results in a service provided that is not caused by SoloAssist software. The SoloAssist technical support hourly rate is $220.00 per hour inclusive GST, to be charged on non SoloAssist resulting support issues, with a minimum charge of 1 hour.

l) SoloAssist reserves the right to deactivate any user license without notice before its annual expiry date, if any outstanding invoice for a non SoloAssist technical support service has not been paid in full by the due date, by the registered user, user, recipient, or other.


USER RENEWAL

A mandatory 'User Renewal' payment applies for each user license, starting 12 months from the date of purchase. A 'User Renewal' includes another 12 months of continued software access, software updates and technical support. After this period, the user license will be deactivated, which will terminate access to the software. Reactivating a user license will require the current 'User Renewal' payment to be paid. If an unpaid 'User Renewal' has lapsed by more than 6 months, then the user license expiry date will be changed to 12 months from the date of payment confirmation to renew the user license. If an unpaid 'User Renewal' is paid before lapsing 6 months of its expiry date, then the user license expiry date will remain unchanged. Once your user license is reactivated, the SoloAssist software will automatically download the latest updates.


PRODUCT UPGRADING AND DOWNGRADING

Please note, you cannot downgrade the product type of user license originally purchased. For example, you cannot downgrade Estimating + Plan Scan to Plan Scan (standalone). In this case, a new user license will need to be issued. However, you can upgrade your user license from Plan Scan (standalone) to Estimating + Plan Scan. If you have any questions regarding upgrading or downgrading a user license, contact SoloAssist support.


TRAINING PAYMENTS

SoloAssist Training is booked and conducted in 1 hour sessions of $165.00/hr which is billed immediately after the Training session of that day. The Training Invoice billed to you, is to be paid within 7 days from the date of the Training session. If the Training invoice billed has not been paid within the 7 day terms, then you grant SoloAssist permission to deactivate your SoloAssist user license till such time as the Invoice billed has been paid in full. If your user license becomes deactivate due to not paying your bill within the 7 day terms, SoloAssist will not back date your user license expiry date for the time the user license has been deactivated. Please pay on time.


REFUNDS

Product refunds only apply within the first 30 days from the date of purchase, and only if the software has not been installed and activated. An administration fee of $330.00 (inc. GST) will apply to all refunds.


COPYRIGHT / OWNERSHIP

The software and its source code are proprietary products of SoloAssist Pty Ltd and are protected by copyright laws as well as other intellectual property laws and treaties. The software is licensed per user, not sold, to You. This includes any updates or upgrades to the software licensed to You by SoloAssist. Title to the software shall remain solely with SoloAssist Pty Ltd.

The Software Terms Of Use (EULA) does not grant 'You' any rights in connection with any trademarks or service marks of SoloAssist. All title and intellectual property rights in and to the software, including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the software, the accompanying printed materials, and any copies of the software, are owned by SoloAssist. All rights not expressly granted under this Software Terms Of Use (EULA) are reserved by SoloAssist.


DISCLAIMER OF WARRANTIES

SoloAssist provides the Software “AS IS” without warranty of any kind either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, usage or trade practice. You acknowledge that no promise, representation, warranty, or undertaking has been made or given by SoloAssist to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Software. You have relied upon your own skill and judgment in deciding to acquire the Software for use by You. In no event does SoloAssist warrant that the Software is error free or that You will be able to operate the Software without problems or interruptions.


DISCLAIMER OF DAMAGES

In no event will SoloAssist be liable for any lost revenue or data or other direct or indirect damages or other relief arising out of your use or inability to use the software for any reason whatsoever including, by way of illustration and not limitation, lost profits, lost business, or lost opportunity, business interruption, loss of business information, or any special circumstance, incidental or consequential or exemplary damages, including legal fees, arising out of such use or inability to use the software, or supply or non-supply of the software, even if SoloAssist has been advised of the possibility of such damages or any claim by any other party. SoloAssist’s total liability under any provision of this agreement is, in any case, limited to either the amount actually paid by you for the software for any claim during the first 90 days following the purchase or the amount of the annual software maintenance paid for any claim thereafter. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.


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