"You" means the person or company identified by your client account with us, who is being licensed to use the "Software" identified in the title of this License Agreement. "We" and "us" means ScalaHosting LLC, a registered business in Texas, United States of America.
You acknowledge that you are acquiring only a limited nonexclusive license to use the Software (the "License"). We remain the owner of all right, title, and interest in the Software and in any copies of it.
The License permits you or us to install the Software on a computer system, e.g., an Internet server, provided that there is no possibility that the Software will be used on more than one computer system simultaneously; any such simultaneous use requires a separate license for each computer system. For this License Agreement, a computer system is defined as the IP address provided by you when purchasing a software license.
You agree not to make nor to permit the making of copies of the Software (excluding its documentation) except as authorized by this License Agreement or otherwise authorized by us.
You agree not to engage in nor to permit the decomplication, disassembly, or other reverse engineering of the Software, nor changing the contents of the binaries, including, but not limited to, circumventing the licensing checks. You may not use any instances of the software that has been altered in any of these ways.
Conflicts of Interest
Using SPanel in a way that potentially conflicts with our business interests is strictly prohibited. Examples include, but are not limited to, using SPanel to host illegal or offensive content, and providing disassembly, bug, or hacking information about SPanel to other parties.
We provide 24/7 standard technical support via email or tickets submitted from your client area. Customers who purchased fully managed technical support services for their license get 24/7 live chat technical support after logging in to SPanel on their server.
Technical assistance is provided on a best effort basis. You understand that we may have full access to your data and agree that any modification we make while we investigate the reported issue may affect the functionality of your services. It is your responsibility to have a full backup of your data before submitting a technical support request.
The standard technical support assistance is free and covers all issues related to the SPanel software.
Fully managed technical support services cover everything except the following:
If your technical support request is outside the scope of the free technical support, we may approve providing assistance at our own discretion and additional fees. We will not charge you for technical support services without your prior written approval.
We may refuse to provide technical support if you violate the terms of service, refuse to implement changes requested by us, request changes that would result in security concerns, make changes while we are actively working on your request or you are abusive towards our employees.
We monitor the technical support usage associated with each license and we may notify you for a custom arrangement in case of excessive usage.
Although the Software is designed to operate in accordance with the written documentation provided by us, we offer no express or implied warranties or guarantees as to the fitness or functioning of the Software. A 30-day trial period is offered on all recurring licenses.
The money back guarantee is applicable for new clients only. New orders from existing clients do not qualify for our money back guarantee program.
You can request a refund if you place a cancellation request within 30 days you’re your initial payment. If the moneyback guarantee period has expired for your service, you are not eligible for a refund. Violation of the terms of service will waive the refund policy.
Your exclusive remedy is limited to a refund of the purchase price of the license or licenses, providing those licenses are billed on a recurring basis, and your claim for remedy is made within the 30-day trial period.
You are entitled to claim one remedy only. That is, you may not claim remedy if you have received a refund in the past. Our Partners may claim no remedy.
In such event, you shall remove the Software from your computer or computers and we shall terminate your license on our computer.
Independent of the foregoing provisions, in no event will we be liable to you for any incidental, special, punitive, exemplary, or consequential damages arising from or connected with this agreement or your use of the software, regardless whether we know or have reason to know of the possibility of such damages.
Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.
If you breach this License Agreement, we may terminate your right to use the Software by notice.
You agree that, upon termination of the License, you will destroy all copies of the Software in your possession.
This written License Agreement is the exclusive agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software.
This License Agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software, the prevailing party in the litigation and the prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.
This License Agreement will be governed by the law of the province of Alberta applicable to contracts executed and performed entirely in, and by residents of, that province.
This License Agreement is effective upon the earlier of (1) your purchase of a license, or (2) your use of the Software (provided that your acquisition of a copy of the Software was from us or our representative); you agree that we need not sign this License Agreement in order for it to take effect.