Terms and Conditions

@EntreSoft 

TERMS AND CONDITIONS OF USE

Revised April 5, 2021 

 

PLEASE READ AND ENSURE YOU UNDERSTAND THE FOLLOWING TERMS & CONDITIONS OF USE AND SALE  (“TERMS” or “AGREEMENT”) WHEN ACCESSING, UTILIZING,  SUBSCRIBING OR PURCHASING AT ENTRESOFT.COM. 

 

Acceptance of Terms

The following Terms and Conditions govern utilization of the website, software and services provided by Entresoft, LLC at entresoft.com either directly or indirectly through pages which we link to/through entresoft.com (the “Site”).  We offer the Site, including all information, software and services to you (the “User”) conditionally, based upon your acceptance of all terms and conditions stated herein.  By accessing, utilizing, subscribing or purchasing through the Site, you (whether individually, or on behalf of your business and its authorized users) agree to the Terms set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Site and must discontinue utilization immediately. 

 

These Terms, along with our Privacy Policy constitute a legally binding agreement between you, the User, and us, Entresoft, LLC.

 

 

Update of Terms and Electronic Communications

We reserve the right to modify these Terms at our sole discretion.  Upon material modification, the date of the most recent update of the terms will be noted on this page.  It is your responsibility to check this Site for changes to these Terms. Your continued utilization of the Site shall constitute your acknowledgement and acceptance of such modified terms.   Each access of information on this Site will be a separate, discrete transaction based on the then prevailing terms.

 

Information communicated through the Site or other forms of electronic communication such as email are considered forms of electronic communication.  By using the Site, you agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

Products, Services and Pricing

We offer a full suite of tools and services to facilitate your marketing endeavors.  Details of products, services and prices are generally posted at entresoft.com, https://entresoft.com/#features-section and https://entresoft.com/#pricing-section 

 

Disclaimers

Results will vary. Every individual and/or business is unique in their business model and product and service offerings, therefore individual results will vary.  As such, we make no representation, promise, guarantee or warranty as to your individual or business results; every User’s results will vary. We make no guarantee or promise related to your sales, income or success, and make no claims as to your actual or potential earnings, efforts or return on investment.  We are not providing or selling a business opportunity, we provide subscription-based services and tools to facilitate your marketing endeavors.  Subscriptions and/or purchases should be made with your complete understanding that utilization of any information, product and/or service provided will require your time and effort, and may be applicable only to certain situations or efforts. 

 

Legal and Financial advice. We offer no tax, accounting, financial or legal advice and refer you to consult your accountant, attorney or financial advisor on such matters.

 

 

Trial Offer, Automatic Enrollment and Trial Cancellation

Where a trial subscription is offered, such trial is pursuant to the following terms:

 

The cost for a trial subscription is $1.95 USD.  The trial period will begin immediately following registration/purchase and will continue for 14-days.  Cancellation of a Trial subscription for a refund must be completed in accordance with the Cancellation and Refund policy below. 

 

Trial subscriptions are only available to new subscribers, and for the limited periods as set forth on the Site and during the trial registration process.  Previous subscribers who have already benefited from a trial subscription are not eligible for any further trial.

 

We will email you at the email address provided during registration with a reminder that your trial is ending at least seven (7) days prior to automatic enrollment into a monthly subscription.  Your subscription will automatically continue, and the payment card that you provided at the time of enrollment will be charged the full membership subscription rate until such time that cancellation is received pursuant to our Cancellation and Refund Policy below.  Subscriptions will be billed at the membership subscription rate provided at the time of enrollment, and will be billed either every twenty eight (28) days or annually, based on the subscription option selected at the time of registration.  Subscription rates are subject to change.  In the event of such change, adequate notice will be provided via email.

 

If you do not wish to continue your subscription following the trial period, you must cancel in one of the following manners:

  • By following the steps in the Billing Portal to confirm your cancellation; such process must be completed by the end of the 14th day of your trial period
  • Alternatively, requests for cancellation may be submitted in writing to support@entresoft.com at least twenty four (24) hours before the end of the trial period to cancel.

Users can pay via credit or debit card.  Such payment details shall be entered by the User and collected by us through our secure data collection system.  You acknowledge and agree that we hold data related to the transaction, including the last four (4) digits and expiration date of the card used for purchase, along with details of the purchase and recurring billing date.  Should you not cancel within the trial period per the above, you agree to and authorize the automatic payment collection terms (e.g. according to the subscription duration and amount of your automatic enrollment) for your subscription, as defined below.

 

 

Enrollment Subscription Terms and Automatic Payments

Entresoft, LLC users are responsible for payment of recurring fees associated with their subscription, in accordance with the Terms.  The initial payment is due upon enrollment, and recurring subscription fees will be automatically billed either every twenty eight (28) days or on an annual basis (dependent upon the subscription term) to the payment card that was provided at the time of enrollment, or other such card as appropriately updated by the User within the Billing Portal.  Successful payment is a condition of continued access; failure to complete successful payment of subscription fees will result in removal of access and loss of account data.

 

IF YOU ARE AN ENTRESOFT USER WITH A SUBSCRIPTION, AND YOU HAVE PROVIDED US WITH A VALID CREDIT/DEBIT CARD NUMBER, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED ON THE DESIGNATED PAYMENT DATE (EITHER ANNUALLY OR ON THE 28-DAY BILLING CYCLE) AND WILL BE BILLED TO THE PAYMENT METHOD PROVIDED. 

 

 

Cancellation and Refund Policy

Cancellation and Refund. You have the right to cancel any sale or subscription within seventy two (72) hours from the time the purchase transaction occurred for a full refund.  Cancellation may be completed by following the steps in the Billing Portal to confirm your cancellation and refund request.  Alternatively, cancellation and refund requests may be submitted in writing to support@entresoft.com.  Cancellation and refund requests are not accepted by any other means.  Software access will be immediately removed following cancellation and refund.

 

Following seventy two (72) hours, any sale or subscription may be cancelled; upon such cancellation, future billing will be cancelled, however the transaction is ineligible for refund.

 

Cancellation of Subscription. You may cancel your subscription at any time. Cancellation may be completed by following the steps in the Billing Portal to confirm your cancellation request.  Alternatively, cancellation requests may be submitted in writing to support@entresoft.com.  Cancellation requests are not accepted by any other means. To cancel and avoid future subscription charges, cancellation request must be submitted pursuant to the above within seventy two (72) hours ahead of such time your subscription renewal payment is scheduled to be processed. Software access will continue to be available through the last day of the paid billing period.

 

 

User Responsibilities

Providing accurate information. As an Entresoft user, you will be required to register and create an account with Entresoft.  In doing so, you represent and warrant that the information you provide is true and accurate and that you are not impersonating another person.

 

Confidentiality.  You agree to treat any subscriber code, username/user ID or password which you may have received from this Site as strictly private and confidential, and are responsible for maintaining the confidentiality of such information, as well as any information to which you have access to through password-protected areas of this Site or its associated sites/portals.  You agree not to lend, assign or otherwise transfer use of or access to your account or credentials to any third party.  You are responsible for maintaining the confidentiality of any proprietary or non-public information we may share with you or make available to you as an Entresoft user, including but not limited to training, technical information or data.

 

Age of Consent. You hereby represent and warrant that you are at least eighteen (18) years of age, or have reached the legal age of majority in your state/country.

 

Compliance with all laws and regulations. You represent and warrant that you operate and/or operate your business in good standing, and agree that you and/or your business will only utilize our products and services for lawful purposes. You understand that you are wholly responsible for ensuring compliance with all applicable laws and regulations related to operation of your business, including but not limited to any and all laws and regulations governing advertising and marketing or otherwise related to your business.  Entresoft, LLC shall not be liable for your violation of any laws or regulations. 

 

You further represent and warrant that there are no prior or pending government investigations, inquiries or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending actions that would prohibit your legal utilization of Entresoft’s products and services..  If at any time during the term of your subscription you, or any business related to you, become the subject of such investigations, inquiries or prosecutions listed above, you are obligated to notify us in writing at support@entresoft.com within twenty-four (24) hours.  At our sole discretion, we may terminate your subscription based on such investigations, inquiries or prosecutions identified pursuant to this paragraph or otherwise discovered by us. 

 

Income and tax reporting. You understand and agree that you are solely responsible for accurate reporting of any and all income and/or taxes for your business, and that we shall not be responsible for collecting or reporting any income and/or taxes which may apply to your operations and/or business.  

 

Service Interruption

We make every effort to ensure maximum uptime and limit service interruptions, however we do not have control over third party networks and/or service providers which may be used to provide Entresoft’s products and services, so you understand and agree that interruptions of the site may occur.  The services available through the Site are ‘as-is’ and we assume no responsibility for timeliness, deletion, mis-delivery, interruption or failure to store user communications or personalization settings.

 

 

Right to Modify Products and Services

We reserve the right to add, subtract or modify elements provided as part of your subscription, or to make modifications that may affect a prior mode of operation of our services in the event we deem such modification will enhance our overall services delivered. 

 

 

No Contingency on Future Releases

You understand that the purchase of Entresoft software is not contingent on future release of any functionality or feature, including but not limited to, the continuation beyond its current subscription term or third party services. It is also not dependent on any public comments we make, regarding any future functionality or feature.

 

Copyright

The contents of this website are protected by US and International copyright laws. All rights reserved. Text, graphics, databases, HTML code and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, re-engineered, translated, hosted, or otherwise distributed by any means without explicit permission. Unauthorized use of any one or more registered trademarks, or intellectual property whether in digital, print or otherwise will result in swift legal action. Any improper uses by unauthorized parties is strictly prohibited. This site may not be copied in whole or in part without the express written permission of the publisher. All violators will be prosecuted to the fullest extent of the law.

 

 

Content Ownership

Entresoft content ownership. The contents of this website are protected by US and International copyright laws. Any custom work whether logos, graphics, icons or otherwise are registered trademarks. Entresoft, LLC  does not grant you rights to use these trademarks for your own purposes. The placement of Entresoft, LLC’s logo on any third-party site does not automatically imply our consent or endorsement.

 

Any and all data provided on this website is to be used for information purposes only; it is not intended to provide specific legal, financial or tax advice. The Information provided in our website should not be treated as all-inclusive, users are encouraged to draw their own conclusion that best fits their business needs or to consult with their own tax, financial or legal advisors where necessary. 

 

User content ownership.  Under no circumstances is Entresoft, LLC responsible for any content generated by its users using the tools or services available on the site. Entresoft, LLC does not audit the content produced by its users, although we do strive to maintain a clean and proactive workspace. Users are advised to consider the implications of their own production, as in case of any legal or judicial backlash the user would hold complete and sole liability. 

 

Liability

The materials on this Site are provided as-is and without warranties of any kind, either express or implied. This site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. This Site does not warrant or make any representations regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not this Site) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Under no circumstances, including, but not limited to, negligence, shall this Site, Entresoft, LLC, product creators, trademark owners nor other associated entities or individuals not specifically listed be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if this Site or an authorized representative of this Site has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

In no event shall this Site’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing products and/or services from this site.​

 

Links and Marks

Entresoft, LLC is not necessarily affiliated with any/all sites that may be linked, and therefore bears no responsibility for content located on third party sites.  The sites are linked for the convenience of the User, and should be accessed at the User’s own risk. Any links or references to other websites, products, services or publications do not imply any endorsement or approval, other than its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Entresoft, LLC or other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

 

SMS, MMS, Texting

Message and data rates may apply. Carriers are not liable for any delayed or undelivered messages. You may receive up to 3 messages per week. Reply “STOP” to end and “HELP” for help or call 1-844-552-8801 for assistance.

 

Users are not required to opt in to any promotional message subscription in order to use entresoft.com or make any any purchases from entresoft.com. Promotional text messages are completely optional and not a requirement. As a user you will only receive promotional text messages if you opt in.

 

  • STOP: You can cancel the SMS service at any time. Just respond via text the word “STOP” to the message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  • HELP: If at any time you forget what keywords are supported, just respond via text with the word “HELP”. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
  • Shortcode: Your mobile messaging program will make use of a company provisioned shortcode, unless otherwise stipulated in writing. For all questions about the services provided by this short code, you can send an email to support@entresoft.com.
  • Long-Code: By providing your information you agree that we may send you SMS/MMS and voice broadcasts. If we choose, we may send SMS/MMS and call you via our long code which will appear as a 10 digit number. You may opt-out at any time by replying “STOP” to any of the SMS/MMS messages you receive or by pressing 1 if you receive a call.
  • SMS Coverage: SMS coverage is supplied by a constantly growing number of wireless carrier networks. Contact us via support@entresoft.com to receive updated information regarding carriers that currently support SMS.
  • Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, Boost Mobile, and Virgin Mobile.
  • Minor Carriers: Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), MetroPCS, Mosaic (Consolidated or CTC Telecom), MTA Communications , MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
  • MMS Carrier Support: AT&T, Verizon Wireless, Sprint, and T-Mobile.

 

Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to access or utilization of the Site or Entresoft, LLC’s products and services, or any other matter concerning Entresoft, LLC shall be governed exclusively by the laws of the State of Nevada.  To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in the Arbitration clause of this Agreement below, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Clark County, Nevada, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

 

To the extent you have, in any manner, violated or threatened to violate any component of this Site and/or Entresoft, LLC’s intellectual property, or Terms of this Agreement, we may seek injunctive relief in the appropriate venue, whether State or Federal, and you consent to exclusive jurisdiction and venue in such court.

 

 

Arbitration

 

If you have a complaint or dispute, you agree to first contact us at support@entresoft.com to attempt to resolve such complaint or dispute. Any controversy or claim arising related to the use of the Site, any software, product, service, this Agreement or our Privacy Policy or your relationship with Entresoft, LLC which can not be resolved through such communications or negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) and judgment on the award rendered may be entered in any court having jurisdiction thereof.  We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in the Indemnification clause below.  The arbitration will be conducted by a single neutral arbitrator in Clark County, Nevada, unless both parties agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement, our Privacy Policy, this arbitration provision, and any other terms incorporated by reference into the Terms of this Agreement. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Entresoft, LLC.  The arbitrator shall follow the substantive law of the State of Nevada without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Both parties agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  Both parties expressly waive any right to pursue any class or other representative action against each other.

 

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one (1) year after the claim arises (such period includes the one hundred and twenty (120) day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.  In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

 

Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding arbitration.  You acknowledge and agree that you are waiving your right to trial by jury, and agree to have any claims decided individually and only through final, confidential and binding arbitration in accordance with this provision.

 

 

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Entresoft, LLC, its managers, officers, employees, independent contractors, subcontractors, suppliers, affiliates, parent and/or sister companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, software, products, or services, (2) information you submit or transmit through the Site, (3) your breach of these Terms of this Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

 

 

Assignment

Entresoft, LLC may assign its rights under this Agreement at any time, and without notice to you.  Your rights under this agreement may not be assigned without our express written consent.

 

 

Force Majeure

Entresoft, LLC shall not be responsible for any delay, damage or failure caused by any act of nature or other causes beyond our reasonable control.

 

 

Severability

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

 

 

Termination

These Terms this Agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the Terms of this Agreement or otherwise. This Agreement will terminate immediately without notice at our sole discretion, should you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made pursuant to this Agreement or otherwise.

 

Entire Agreement

These Terms in conjunction with the Privacy Policy and any other policies or operating rules posted by us on or in respect to the Site constitutes the entire agreement and understanding between you and Entresoft, and governs your access to and utilization of the Site and your order/subscription/trial or attempted use of any such product or service, and supersedes any prior or contemporaneous agreements, representations, communications and proposals, whether written or otherwise, between the Parties.  We may, at our sole discretion, offer new products, services and/or features through the Site.  Such new products, services and/or features shall be subject to these Terms, the Privacy Policy and any other policies or operating rules posted by us on or in respect to the Site.  Any ambiguities in the interpretation of these Terms shall not be construed against Entresoft, LLC.

 

 

Contacting Entresoft

Users are encouraged to contact us with any questions or concerns. Support is available via telephone during normal business hours, Monday through Friday between 8:00 am – 5:00 pm Central at (844) 552-8801, or via email at support@entresoft.com.

 

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