- These Terms and Conditions set the legal framework for Esoft International FZE, Company Registration No. [FZE 5570] (hereinafter “Esoft“) Software as a Service solution ImageLife (hereinafter “ImageLife”). The Terms and Conditions and included any appendices together with the accepted offer by Customer constitute the Parties’ “Agreement”.
- Esoft reserves the right to change these Terms and Conditions from time to time and without notice. It is solely the responsibility of Customer to at all times be up to date with the applicable Terms and Conditions.
- ImageLife is a real estate photo editing platform that helps Customer grow its real estate photography business. The real estate photo editing is handled by professional editors which ensures a consistent quality. Customer simply places and order, selects the best and most suitable editing solution service for the purpose and receives the ordered services generally within 12 hours. The photos are delivered to Customer via ImageLife, and the photos will be stored in ImageLife for up to 30 days after the delivery of the order.
- ImageLife is hosted on Amazon Web Services servers.
- Esoft is entitled to, at its own discretion, change the functionality and design of ImageLife.
- Customer needs to set up a ImageLife account in order to order real estate photo editing via ImageLife.
- Customer is entirely responsible for safeguarding and maintaining the confidentiality of Customer’s username and password to ImageLife. Customer may not to share any username or password with any person who is not authorized to use the account.
Price and Payment
- Please refer to Esoft’s payment terms and prices on ImageLife landing page or directly in the ordering flow of ImageLife.
- All prices are indicated in US Dollars excluding VAT unless otherwise expressly stated. The prices for all services can be adjusted from time to time. Purchases are made via the third-party payment Stripe.
- Insofar Esoft provides further assistance or services not covered by the main agreement, this assistance or services shall be invoiced on a time basis in accordance with the at any time applicable hourly going rates for consultancy services.
- Once an order is submitted and payment has been made, it cannot be cancelled. In the event of late delivery, Esoft will compensate Customer with a one-time coupon that Customer can use for future orders. The amount of a coupon equals to the total amount of your late delivered order. In the event of dissatisfaction of Esoft’s services, a refund will not be issued, however Customer can submit revision instructions within 30 days of delivery. Esoft will revise the same photos for free within 6 hours.
Limitation of Liability
- The Parties are liable for damages in accordance with the general rules of Danish law with the limitations and restrictions stated in these Terms and Conditions.
- Esoft is not responsible for Customer’s failure to comply with the minimum system requirements for the use of ImageLife.
- Esoft is not liable for indirect losses or consequential damages. Loss of business opportunities, loss of profit, loss of goodwill, loss of data, including loss in connection with data recovery, loss of interest and penalties paid by/to third parties, as well as costs for restoration and re-installation, etc. is in any case considered as indirect loss or consequential damage.
- Esoft’s liability to Customer, whatever the cause of the damage, may never exceed the lower of the following amount; (i) the last 6 months payment from Customer, or (ii) USD 10,000.00.
- Esoft shall not be liable to Customer when circumstances occur that impede or delay Esoft’s fulfilment of its obligations, including war, mobilization, riots and unrest, terrorist attacks, natural disasters, strikes and lockouts, viruses, hacking, spamming, crashes or other unforeseen and extraordinary strain on the IT systems or telecommunications networks used by Esoft, injunctions by public authorities and rights holders, or other circumstances for which Esoft has no direct control. If one or more of the aforementioned circumstances occurs, Esoft is entitled to postpone the delivery of its services or to cancel the Agreement without liability. Customer’s remuneration is suspended for the same period.
Intellectual Property Rights
- Esoft maintains all rights, including intellectual property rights and any know-how, for ImageLife and the associated system and database.
- Customer has the ownership rights over the data and input photos that Customer uploads in ImageLife as well as the output photos uploaded by ImageLife. ImageLife may under no circumstances use the materials for any other purpose without Customer’s written consent.
Backup and Data Storage
- All not purchased orders will be stored in ImageLife servers for 15 days.
- All input files will be stored in ImageLife servers for 15 days.
- All output files will be stored in ImageLife server’s systems for 30 days.
- All working files will be stored for 24 hours after an order has been sent, to accommodate any correction orders.
Governing Laws and Jurisdiction
- This contract is governed by Danish law and any dispute between the Parties shall be settled by Danish courts in the jurisdiction in which Esoft’s headquarter is located.