Tropical.io Terms of Service (“Agreement”)
This Agreement was last modified on March 28, 2014.
GSoft Group Inc. is the owner of Tropical.io.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.tropical.io (“the Site”) operated by GSoft Group Inc. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.tropical.io.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by GSoft Group Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by GSoft Group Inc..
GSoft Group Inc. grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
Limitation Of Liability
In no event shall GSoft Group Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arrising from your violation of any third-party’s rights.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
GSoft Group Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Quebec, Canada, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Payments, Refunds, and Cancellations
GSoft Group Inc. charges a subscription fee (“Fees”) for the use of the Tropical Gold plans. By registering for one of the premium accounts, you agree to pay GSoft Group Inc. the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. GSoft Group Inc. expressly reserves the right to change the Fees at any time, upon notice to you. All Fees will be billed to the credit card provided at the current international currency conversion rate. You are responsible for and shall pay GSoft Group Inc. all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of Tropical Premium, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle. The price per month is $89 for 25,000 contacts plus $5 for each additional 1,000 contacts. All Fees are paid in advance and are non-refundable in United States dollars (USD). There will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use Tropical Premium. We reserve the right to deactivate your access to Tropical Premium if you fail to pay applicable fees. You must provide current, complete and accurate billing information. You must promptly update all billing information to keep your account current, complete and accurate (such as by furnishing a new billing address, card number or expiration date), and you must promptly notify GSoft Group Inc. if your credit card is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay GSoft Group Inc. in the event of any refusal of your credit card issuer to pay any amount to GSoft Group Inc. for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, GSoft Group Inc. may immediately suspend or terminate this Agreement and your access to Tropical Premium.
You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Your subscription will renew automatically, unless you terminate it within the software or by contacting us using one of the following:
GSoft Group Inc.
1751 Richardson Street, Suite 4110
H3K 1G6, CANADA
If you have any questions about this Agreement, please contact us.