Terms of Service
The “Site”: The website trafft.com, is owned by TMS Ltd. (“TMS”). It allows users to buy licenses to use certain software products as defined beneath.
Upon entering this agreement, you wave the right to require a non-electronic signature or to receive non-electronic records to the extent permitted under applicable law. In addition, you must agree to be bound by the Terms in their entirety to be permitted to access the Site, use the Services (defined below), or download, install, or use the Software or Content.
The Service is provided for a fee, although certain of the services contained therein may be provided free of charge. Upon gaining permission to use the Site, you will be able to access your Account and purchase licenses, access various services, download software, and obtain Content, data, and updates; all of which are provided on an “as-is” basis; i.e., short of any guarantee with respect to quality. TMS may also send you newsletters from time to time.
We ask that you judiciously read these Terms, and in is our sincere hope that you enjoy using our Site, Software, and Services.
1. Service Use and Registration
By agreeing to these Terms, you affirm that you comply with the following admissibility terms. If you are acting on a company’s behalf, you agree that any company end-user or employee will be granted permission to access the Site, its services, and use purchased or otherwise accessible licensed Site Software, and shall accept and comply with these Terms as well.
Eligibility: You are eligible to enter into this agreement if –
(1) you have not in any way been prohibited by any competent authority, judicial act or jurisdictional law to enter into any legal agreement;
(2) you are 18 years of age or older;
If the Service is to be accessed and used by an individual (the User) under the age of eighteen (18) or the age of legal eligibility and capacity in the applicable jurisdiction, you hereby attest that you are the legal guardian of the individual in question, that you both have read and agreed to these Terms, and that, subject to these Terms, you have approved of the User’s present and continued use of the Service;
(3) TMS has not prohibited you from entering an agreement with TMS at any previous time, nor has your account and/or your use of the Service been obstructed, deferred, or terminated by TMS at any time and for any reason;
(4) you do not reside in any outlawed state, nor are you in any way associated with or a member of a terrorist organization;
(5) you are using the Service and/or entering these Terms on behalf of a company, you have the authority to legally bind said company to these Terms, and you have been sanctioned by, and hold the necessary and required consents of said company to enter into and be bound by these Terms on said company’s behalf.
Personal Use Only: You may choose to subscribe to a Subscription Plan (as defined below) that allows you to use the Software in a prescribed or unlimited number of websites. The subscription and its associated license are for your personal, non-commercial use only. You are not permitted to sell, rent, or distribute the license and any related services, nor are you permitted to commercialize, or publish the license and any related services to a third party.
You can however use our framework to design and build websites for your clients or others. You are simply agreeing not to resell your Subscription Plan and its associated license to any third party, thereby enabling it to gain access to the Site and/or the Services.
Appropriate and Restricted Use: You shall only use the Services in a lawful manner and in accordance with these Terms, you shall not allow a third party to use the Services in any way, shape, or form, and you shall not –
(i) impair, interfere with, or disrupt or delay the operation of the Services;
(ii) harass, intimidate, or threaten any person or disrupt computer system operations in any way, including sending spam, malware, or unsolicited messages;
(iii) infringe upon or violate a person’s rights, including their right to privacy and their intellectual property rights; and you may not collect private data about any users of the Service without having received their express consent;
(iv) use automated means such as software crawlers, scripts, or robots to gather, accumulate, or process data made available via the Service, nor shall you export, extract, download or store any Content, data or other materials said Service provides;
(v) create a data base, offer “Software as-a-Service” (SaaS,) or use a hosting service or any other means to distribute or resell the Services, Software, Content, or other data and materials contained within or available via the Services;
(vi) sanction, instigate, allow, or in any way permit any third party to do any of the foregoing;
(vii) use the Services for any illegal, unethical, or unauthorized purpose, or any purpose which may in any way in TMS’s discretion harm TMS’s good name and goodwill.
You shall not create any script, software, or intrusive code or component that is harmful or potentially harmful to, or impairs, disrupts, devalues, or adds any non-sanctioned functionality to the Services. This includes transmitting or making available in connection with the Services any type of web bug, virus, worm, Trojan Horse, time bomb, spyware, or any other computer code, program, or file that may damage or is intended to damage or hijack the operation of TMS hardware, software, or telecommunications equipment.
No License: Except as explicitly licensed under these Terms, you are prohibited from using or sharing any of TMS’s intellectual property or that of its end users.
Verifying Your Account: When registering to the Services, TMS may verify your identity through other services and, according to its sole discretion, may require additional data or identification. If you register through electronic mail, TMS may elect to verify your email address by sending an electronic notification to the address you provide. In said notification, TMS may include information or links that will serve to verify your identity as the owner of the email address. Once your identity has been authenticated, TMS will set up a registered account in your name (“Account”).
Securing Your Account: In accordance with the sensitivity of data stored on the service, and any potential risks to the data involved in using the Service, you shall be required to create a password and use said password to access your Account.
Preserving the confidentiality of your Account, your username, and your password is your sole responsibility. In addition, you agree to accept sole responsibility for all activities that occur under your Account.
One Account for One Person: It is TMS’s policy to have one Account for one person, and one person for one Account. You may not hold more than one Account, nor can you allow others access to your Account.
If you are a company or are using the Account on behalf of a company, you can allow access to one employee, and one employee only, and only when that person has been authorized to access the Account on your behalf.
You hereby signify and acknowledge that, unless you have explicitly notified us otherwise, anyone accessing or seeking access to your company Account has the requisite consents and authorizations and is acting on your behalf.
You also acknowledge that any act or omission in connection with such use by another person is as if those acts or omissions were yours and you retain responsibility for any loss, disruption, or damage such act or omission may cause.
Sharing your Account Credentials: You are expressly prohibited from sharing your username and password with any other individual or third party.
Notification of Abuse: You are required to inform TMS immediately, at firstname.lastname@example.org in any instance that causes you to have reason to believe your account has been hacked or is no longer secure, or if you have been informed of actual or possible unsanctioned use of your TMS account whether such use was intended or unintended.
TMS’s Liability: Without detracting from any restriction of liability under these Terms, TMS shall not be liable in any instance where you have not adhered to these security standards. TMS will be unable to assist you in any manner if you fail to apply its security guidelines as published periodically.
2. Website Services
The Services provided by TMS as of this date are as specified hereunder; TMS may however in accordance with its sole discretion and without prior notice modify, amend, enhance, make other changes to, or temporarily or permanently suspend Site or Service operations or any part thereof including the Content at any time.
Online Store: TMS shall allow you to buy licenses online. Any item shall be sold under the license attached to it or delivered under a specific license or licenses.
To buy the licenses, you may search the online store’s inventory, in which some of the Services’ core components may be demonstrated or revealed. It should be understood that in some instances the content made available is not for actual use but solely for demonstration purposes.
It is your responsibility however to make sure the code is adequate, and that the design and performance of the website you create using the licensed Software is in keeping with any and all applicable regulations.
Documentation: TMS may provide you access to certain documentation relating to the use of the Software. Some of the documentation may be provided free of charge. In any event, documentation shall be provided “as-is” and without guarantees.
3. Content Ownership
Content. For the purposes of these Terms, “Content” is defined as all content contained in and/or made available through the Software, Services, and the Site. Content comprises, without any constraints, graphics, design elements, artwork and imagery, logos, icons, fonts, sounds and videos, and interactive features, together with their selection, arrangement, and assembly.
The “Look and Feel” of the Software or the Site, and any part thereof, is also included without any constraints, as are any pertinent Intellectual Property Rights (defined below).
Content is the property of TMS and/or its licensors. Content is protected by applicable copyright laws or other relevant intellectual property right laws or treaties.
“Intellectual Property Rights” addresses and includes the rights defined in, and applicable to, copyrights, trade secrets, service marks, and trademarks. Patents, know-how, similar intellectual property rights, and any legal, moral, or ethical rights of any type under the laws or regulations of any foreign or domestic governmental, judicial, or regulatory authority also fall under the Intellectual Property Rights umbrella.
Restrictions. Except as explicitly permitted under these Terms, the Content may not be used or made available to others for any purpose or in any way, shape, or form.