Software

Software

The following Terms and Conditions shall be appended to the General Terms and Conditions as listed herein and as posted on our website at: https://www.SpaceMade.com/terms for any and all software-related activities, usage, and purchases.

1. FREE TRIALS

With our free trial, you can test the SpaceMade platform for a certain period of time. Simply sign up for the plan of your choice, validate your billing information, and your Free Trial begins! For subscriptions made directly from our partners or 3rd party providers, certain 3rd party fees may still be applicable. Please refer to their terms, pricing, and sale details for more information.

Please note that if you have not cancelled your account before the end of your trial, your account will automatically renew, and your card will be billed. You can cancel your subscription at any time by logging into your account.

• 1.1. Free Trial Period. The free trial period will end at the same hour that it opens. For example, if you open your account at 10:00 AM on Monday morning, for a fourteen (14) day long trial, your account would be processed for billing at 10:01 AM, fourteen (14) days later.
• 1.2. Authorization charge to ensure validity. We place a $1 hold to ensure your credit card is valid. Your card won’t actually be charged until the end of the trial, and not at all if you cancel during the free trial period. If cancelling, please do so at least twenty-four (24) hours prior to the ending date and time of your free trial.

2. SUBSCRIPTIONS

• 2.1. When am I charged? Plans are invoiced and charged monthly and will renew automatically on the same day of each month. For plans with a free trial option, the first payment will be due the day after the expiration of your trial. Remember, you can cancel anytime.
• 2.2. Cancellation of Subscription. In the event that the Customer would like to cancel their subscription, they must inform SpaceMade of their intention to cancel their subscription at least seven (7) days before the next scheduled payment in their billing cycle to avoid being charged for the following month. Your subscription can be cancelled anytime in the “My Account” section of your SpaceMade account. Your account access will then terminate at the end of that billing period. If cancelling during the free trial period, please do so at least twenty-four (24) hours prior to the ending date and time of your free trial. If you experience any issues cancelling your subscription, please notify us at help@SpaceMade.com with “Cancellation Request” in the subject line. We are unable to process refunds if more than twenty-four (24) hours have lapsed since the renewal of your subscription.
• 2.3. Changing Subscription. You can change your subscription anytime in your SpaceMade account.
• 2.4. Monthly Invoicing. Monthly invoices will be available and printable within your SpaceMade account.

3. REFUND POLICY – 24 HOURS

Refunds can be requested within twenty-four (24) hours of the latest payment processing by emailing help@SpaceMade.com for a full refund if you choose to cancel your subscription. It may take seventy-two (72) hours for your refund to be reflected on your credit card statement, and more time for international cards. After twenty-four (24) hours of the latest payment processing, payments can no longer be refunded.

BY ACCEPTING AND / OR USING SPACEMADE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE THAT YOU AND YOUR USERS WILL BE BOUND BY ALL TERMS AND CONDITIONS ATTACHED HERETO AND AGREE TO BE BOUND BY THEM.

4. LICENSE

This license agreement governs your use of the SpaceMade software. By installing and using this software, whether installed by SpaceMade, you, other employees, contractors, or service providers, you are accepting the terms of this agreement. Licensor grants to Licensee a nonexclusive, nontransferable license to use the Software, as defined on the face hereof; or within the Order; or as selected on SpaceMade's website; or as selected on SpaceMade’s Partner/Reseller websites, in hosting data at the number of CPUs, servers, and/or nodes licensed (the “License”). Each License can only be installed on one server and cannot be transferred at any time.

Unless specifically permitted by this Agreement or the Order, or expressly approved in writing by SpaceMade, Licensee may not (a) transfer, share, distribute, rent, lease, sell, sub-license or copy the Software; (b) provide access to the Software to a third party; (c) modify, prepare derivative works from, reproduce, translate, reverse engineer, disassemble or decompile the Software and/or proprietary functionality including but not limited to modules (“managers”), forms, custom integrations, etc. developed for Customer, or transmit it electronically by any means; (d) seek to obtain the source code; (e) use the Software in multiple computer or multiple user arrangements unless that use is covered explicitly by this License or an individual license for each computer or use; (f) transfer username, password, or respective credentials, or lend or otherwise transfer use or access to Software to any third party; (g) make content available or use Software for the benefits of a third party or anyone other than Customer; (h) remove or obscure any proprietary or other notices contained in the Software; (i) incorporate the Software into a product or service that Customer provides to a third party; (j) encourage or assist any third party to do any of the foregoing. Any use of the Software by Customer or users in breach of the foregoing that, in SpaceMade’s judgment, threatens the security or integrity of SpaceMade’s Software and/or Services may result in immediate suspension of the Services. SpaceMade will use commercially reasonable efforts to provide Customer with notice and may choose to provide an opportunity to remedy a violation or threat prior to suspension.

In addition, Licensee is responsible for: (a) maintaining the confidentiality of username, password, and any credentials to access Software; and (b) all interaction with Software that occurs in connection with his/her username and password.

All right, title, and interest in and to the Software remains with Licensor and, if applicable, its licensors. The Licensee and those of its employees and agents who need access to the Software agree to use and protect the Software in accordance with all of the terms of this Agreement, unless otherwise indicated on the face of this Agreement.

5. FEE AND PAYMENT TERMS

Upon execution of this Agreement, Licensee shall pay to Licensor the fees specified on the face hereof; specified within the Order; or otherwise specified herein. Customer shall be limited to the number of resources specified within the Order and shall be subject to overages in the event additional resources are requested or utilized. Unused resources shall be void at the end of each term or upon termination.

6. OBLIGATIONS

• 6.1. SpaceMade Obligations. For all Orders accepted by SpaceMade and subject to this Agreement, SpaceMade agrees to provide a Software License and the applicable support listed if chosen, subject to and in accordance with SpaceMade’s Service Level Agreement.
• 6.2. Customer Obligations. The Customer agrees to (a) pay when due the fees for the applicable charges; (b) use reasonable security precautions in light of Customer use of the License; (c) cooperate with SpaceMade’s reasonable investigation of security problems and any suspected breach of the Agreement; (d) provide evidence of license removal from all servers upon termination. Customer shall be responsible for license payment until said evidence is delivered and pay for all products and services utilized at then current market rates (e) report any bugs, defects and deviation of the Services (“Defect”) to SpaceMade in writing without undue delay and shall submit a detailed description of the Defect; (f) provide SpaceMade with written notification of all initiatives that will increase traffic (events, PR announcements, etc.) at least five (5) business days in advance; (g) provide SpaceMade with advanced written notification and obtain prior approval for all DDOS tests, Penetration Tests, software scans, vulnerability scans, website scans, and all other initiatives at least fifteen (15) business days in advance and provide the full post-scan report within five (5) business days.

7. SECURITY

The Software contains proprietary and confidential information of Licensor and, if applicable, its licensors, and is protected under United States copyright law and trade secret laws of general applicability. Licensee agrees to use its best efforts to prevent and protect the contents of the Software from use by or disclosure to any third parties. Licensee agrees to take no action which may infringe upon the copyright and other rights Licensor and, if applicable, its licensors have with respect to the Software. Licensee agrees not to use or attempt to use the Software for any illegal purpose or in any manner inconsistent with any applicable federal, state, or other law, rule, or regulation.

8. WARRANTY, WARRANTY LIMITATIONS AND WARRANTY DISCLAIMER

• 8.1. Warranty. Licensor warrants that the Software will perform in all material respects in accordance with the description and be free from defects in material and workmanship during the SaaS subscription or for sixty (60) days from installation for non-SaaS licenses. Licensor warrants the Software will be free of malicious code and shall not infringe on third-party rights. Remedies include repair, replacement, or refund in certain cases. Limitations apply as outlined.
• 8.2. Limitation of Warranties and Liability. EXCEPT AS SET FORTH IN SECTION 8.1 ABOVE, THE SOFTWARE IS SOLD “AS IS” WITHOUT WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither party shall be liable for indirect, incidental, exemplary, or consequential damages including business loss, data loss, or interruption, however caused.
• 8.3. Warranty Disclaimer. SpaceMade warrants timely delivery and resolution of deficiencies as part of its Agreement. SpaceMade is not liable for delays or failures beyond its control. Maintenance may be applied with prior notice. Customer servers compromised in attacks must be reported immediately to SpaceMade. Emergency responses and upgrades will be handled accordingly.

9. SPACEMADE PLATFORM - SERVICE ADD-ONS

• 9.1. Helpdesk, Infrastructure Support & Software Maintenance. Unless listed within the Agreement or the Order, assistance with updates, technical support, and infrastructure support are optional and billed annually.
• 9.2. Critical Support with SLA
  • 9.2.1. Service Level Agreement. Customer may purchase Critical Support Services with an SLA guaranteeing response times. Levels cover response only, not issue resolution guarantees. SLA coverage excludes onboarding and AWS-related unavailability. SpaceMade observes Holidays and after-hours coverage is billed at emergency rates.
  • 9.2.2. Remedy. SLA remedies are $250 credits per event, capped at 100% of SLA monthly fee, requested within seven (7) days. Credits are not applicable in events caused by customer omission or AWS unavailability.
• 9.3. Chronic Failures. Six (6) or more failures within six months allow termination with pro-rata refunds if caused by SpaceMade. Failures due to 3rd party services are excluded.
• 9.4. Support Classification
  • 9.4.1. Critical. Production is inoperative or severely impacted.
  • 9.4.2. Non-critical. Production operates with issues.
  • 9.4.3. High urgency. Issue significantly disrupts operations.
  • 9.4.4. Low urgency. Minor inconvenience with no serious impact.
• 9.5. Term for Add-On Services. Add-On Services continue twelve (12) months unless a longer term is chosen.