Terms of service and software license agreement
Effective date: [to be set at launch]
These terms are an agreement between you (the business or person buying or using the software, "you") and Live IT Consulting Group ("we", "us") for NeverLapse (the "Software"), this website, and related services. By starting a trial, buying a subscription, or installing or using the Software, you agree to these terms. If you are agreeing for a company, you confirm you may bind it.
1. License
While your trial or paid subscription is active, we grant you a non-exclusive, non-transferable license to install and use the Software on the number of server installations your license allows (one unless agreed otherwise), within your plan's limits on certificates and hosts, for your own business purposes. Managed service providers may use the Software to manage their own customers' systems.
You may not: resell, sublicense or rent the Software itself; copy it beyond your installations and reasonable backups; remove or work around the license checks, limits or notices; reverse engineer it except where the law allows that regardless of this term; or use it to break the law or anyone's rights.
2. License keys and check-ins
Your license key is confidential; you are responsible for keeping it to your own use. The Software checks in with our license server about once a day and sends only the license key, an installation ID, the server name, the Software version and the number of certificates and hosts configured. We use this to validate the license and enforce plan limits. If the Software can't reach the license server it keeps working for 14 days.
3. Trials
Trials are free, last the period shown when you sign up, and end on their own. One trial per customer. We may end or refuse a trial at our discretion.
4. Subscriptions, payment and taxes
Paid plans are billed in advance, monthly or yearly, through our payment processor (Stripe). Subscriptions renew automatically at the then-current price until cancelled. You can upgrade, downgrade or cancel from your account; cancellation takes effect at the end of the paid period. Prices exclude taxes; applicable sales tax is added at checkout. If a payment fails we will retry, and your license may be suspended if payment isn't made. We may change prices with at least 30 days' notice before your next renewal.
5. After a subscription ends
When a subscription ends, the Software stops accepting configuration changes. Automatic renewals continue for 30 days to give you time to renew or move away, after which they stop. Certificates already issued remain valid until their own expiry date. Your data stays on your server; we never hold it.
6. Your data and responsibilities
The Software runs on your infrastructure and stores your configuration, credentials and certificates there. You are responsible for that infrastructure, its security and backups, the accuracy of your configuration, your agreements with certificate authorities (for example Let's Encrypt's subscriber agreement) and your DNS providers, and for having the right to manage the domains and systems you configure.
7. Support and updates
Active subscriptions include updates and support at the level described for your plan. We aim to respond on business days but do not guarantee response or resolution times unless agreed in writing.
8. Warranty disclaimer
The Software is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Software will be error-free or that certificates will always be issued or renewed; certificate authorities, DNS providers and networks are outside our control. You should monitor certificate expiry independently for critical systems.
9. Limitation of liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business, and our total liability for any claim relating to the Software or these terms is limited to the amounts you paid us in the 12 months before the claim.
10. Termination
You may stop using the Software at any time. We may suspend or end your license if you materially breach these terms and don't fix the breach within 14 days of notice (immediately for misuse of license keys or non-payment). Sections that by their nature should survive termination do so.
11. Third-party components
The Software includes open-source components under their own licenses, listed in the notices shipped with it. Nothing here limits your rights under those licenses.
12. General
These terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules; the courts in [county], Texas have exclusive jurisdiction. We may update these terms; changes apply from your next renewal, and we will tell you about material changes in advance. These terms are the entire agreement on this subject, unless we sign a separate agreement with you.
Contact
Live IT Consulting Group · support@liveitcg.com