End User License Agreement (EULA)
This License Agreement details the terms and conditions for your use of NimbusRMS, a product of LumenSoft Technologies. The person or organization entering into this agreement as a user of NimbusRMS, together with all individual users accessing or using NimbusRMS on that person’s behalf accept and agree to be bound by this User License Agreement.
LumenSoft grants you a limited, non-exclusive, user account to use NimbusRMs (subject to your account type) in accordance with this agreement. Please read the license agreement carefully before either completing an electronic order or creating a trial account on our website.
You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, exit the web site page without continuing the ordering process.
Trial User Account
LumenSoft Technologies allows you to create a trial account for a period of fourteen (14) days. The account period begins when you create an account and ends fourteen (14) days thereafter. If after the trial period you decide not to upgrade to the licensed software, your account will be automatically disabled.
Subscription-Based Account
As part of your choosing to purchase the subscription-based license, LumenSoft Technologies creates for you a subscription-bearing, non-exclusive, world-wide user account to use for your business including use of all user documentation from the help center of NimbusRMS, and all updates regularly incorporated in the software.
Cancellation of Accounts
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of LumenSoft Services.
You are entitled to cancel your account with LumenSoft at any time by informing us through mail, phone, SMS or by simply stop paying the subscription charges. If you cancel your account before the end of your current paid up period, your cancellation will take effect immediately and you will not be entitled to any refund of subscription charges paid in advance (unless we agree otherwise).
Your Data After Account Cancellation
If your account is cancelled: (a) your account will be deactivated and all data deleted after one month started from the date of cancellation of account; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems after one month period. After the expiry of one month your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up and saved prior to cancellation.
Monthly Subscription Charges:
There are differently monthly subscription charges for every account type, and all details of charges for different account types are set out on the NimbusRMS Website and are subject to change. Subscription charges are charged in advance on a monthly, quarterly or annual basis and are non-refundable, including if you only use part of a month or year's subscription for the NimbusRMS. If you use credit card to pay subscription charges, a valid credit card number is required. To continue using NimbusRMS, you need to pay monthly subscription charges according to the account type you are using. If otherwise, LumenSoft reserves the right to disable the account after the end of the subscription period.
If there is any increase in the subscription charges we will notify you (by email or notification on the notification section of NimbusRMS) at least 30 days before increasing the subscription charges.
Upgrading or Downgrading your Account Type
You may upgrade or downgrade your NimbusRMS account (for example, from Trial to Personal, or from Personal to Enterprise at any time by contacting us via email, SMS or phone. If you downgrade your account, no refunds will be paid in respect of any unused functionality or feature of the advanced version of NimbusRMS. If you upgrade your account, the balance already paid for the rest of the term for the account you are already using will be credited to your account. You will be required to pay the balance amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.
Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your NimbusRMS account, LumenSoft Technologies is not responsible for the resulting loss of data, content, features or capacity.
Warranty Disclaimer
LumenSoft Technologies does not warrant that our product, NimbusRMS will be error-free. Except as provided herein, the Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.
Support Services for Nimbus
LumenSoft Technologies provides support that includes response to tickets raised online, through call center or support page, requests from live chat and from, email support for problem reporting, remote support for problem resolution, product updates, and online access to product documentation, self-help videos & tutorials.
Support Services for NimbusRMS are provided on an “as is” and “as available” basis and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues. We do not warrant that: (a) the support services for NimbusRMS will meet all your specific requirements; (b) the support services for NimbusRMS will be uninterrupted, timely, secure, or error-free.
Responsibility for Using NimbusRMS lies Solely with You & You Indemnify us
You are responsible for all activity that results from use of our Product, NimbusRMS through your account. You are responsible for maintaining the security of your account and password. LumenSoft will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
You indemnify LumenSoft against all forms of liability, actions, proceedings, demands, costs, charges and expenses which LumenSoft may incur or suffer as a result of use of its product, NimbusRMs, and related Services through your account or as a result of your failure to comply with these Terms.
No malicious or illegal use
You must not: (a) use the LumenSoft’s product, NimbusRMS and related services, in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of Nimbus RMS and related services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the NimbusRMS and related services; (d) use NimbusRMS and related services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from our product Nimbus RMS and related services or from our systems or attempt to decipher any transmissions to or from the servers running NimbusRMS software and related services; (f) disclose or distribute information relating to another User of the NimbusRMS to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.
Ownership and Intellectual Property
LumenSoft Technologies owns all right, title and interest in and to the Licensed Software, NimbusRMS. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use LumenSoft’s brand, branding or logos except with LumenSoft’s prior written consent.
LumenSoft Technologies expressly reserves all rights not granted to you herein, notwithstanding the right to disable the account if subscription charges are not paid in time and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. NimbusRMS Software is only licensed and not sold to you by LumenSoft Technologies.
You grant LumenSoft a royalty-free and continuous authority to use (including for commercial purposes) all information and/or data collect by LumenSoft through your use of LumenSoft’s product and services provided we aggregate or anonymous that information before using it.
You agree that LumeSoft is free to use, modify and incorporate all your comments, feedback and suggestions that you provide to us without any obligations to you.