Sophio offers unlimited, free email based support to all merchants for all packages. Toll-free telephone support is available with our premium plans. Telephone support requests can be made via https://support.sophio.com , Monday through Friday during standard business hours.
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the SOPHIO SOFTWARE Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the Sophio.com Site (SOPHIO Content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of SOPHIO except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, SOPHIO does not grant to you any express or implied rights to SOPHIO's or any third party's Intellectual Property. The SOPHIO Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
SERVICE UPTIME GUARANTEE
In the event that your shared server has physical downtime that is not within the 99.7% up-time guarantee, you may receive one month of support credit on your account. 3rd party monitoring service reports may not be used due to a variety of factors. The up-time of the server is defined as the reported up-time from the operating system. The web server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time. To request a credit, please contact our support department..
USE OF SOPHIO CONTENT
You understand and agree that you are permitted to use SOPHIO Content only as expressly authorized by SOPHIO or its third party licensors, as applicable. You may download, view, copy and print SOPHIO Content, subject to the following: (a) the SOPHIO Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the SOPHIO Content may not be modified or altered in any way.
All SOPHIO graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of SOPHIO. SOPHIO's trademarks and trade dress may not be used in connection with any product or service that is not SOPHIO's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SOPHIO. All other trademarks not owned by SOPHIO that appear on the Sophio.com Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SOPHIO
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Sophio.com Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the Sophio.com Site; (2) SOPHIO has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) SOPHIO is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the Sophio.com Site.
WEB DESIGN AND WEB MASTERING SERVICES
- E-mail/phone consultation (General Internet orientation education, marketing strategy, Web design consultation, and other discussions relating to your website and or pages is considered a billable event. Check with your Sophio project manager for the explicit details of your sales agreement prior to engaging Sophio in a web design task or project. New clients will be billed hourly once the total number of hours included with your package have been exceeded. These hours will not need client signoff.
- Words of text supplied by the client may be submitted only via our project management system - https://sophio.basecamphq.com/
- Links to external pages maybe be added upon request without prejudice, provided they fall within the Sophio Privacy Statement.
- Custom Graphics. Unless otherwise specified all graphics we create for your site will be 100% customized for your website. Sophio will consider the ownership of these graphics a shared copyright. A buyout of the Sophio share is available upon request.
- Photos and other misc. graphic images supplied by client may be integrated into your webstore provided client owns the right to dispay them on their public website. Sophio or its partners and or affiliates will not be responsible for fines, fees or damages caused by the illegal use of same.
- Minor updates and changes to existing webpages will be covered by Sophio's monthly fee. A minor change is a text only change. Changes to graphics are a billable event at the current hourly rate.
- KeyPhrase Optimization & Meta Tag Generation will be set up on all static pages on a one-time basis using our own techniques ( Trade Secret ). Title only will be placed on Dynamic Pages. Ongoing web site marketing and copy writing will require an additional service fee.
PERSONALLY IDENTIFIABLE INFORMATION
IDEA SUBMISSION POLICY
SOPHIO will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when SOPHIO products or services (collectively, SOPHIO Products) might seem similar to ideas submitted to SOPHIO. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to SOPHIO or anyone at SOPHIO. If, despite this request, you still send us your ideas and materials, please understand that SOPHIO will not treat your ideas or materials as confidential or proprietary and may include them in our current or future product offerings in an effort to enhance our own products and services.
In consideration of your use of the Sophio.com Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify SOPHIO of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
(a) upload, download or transmit via the Sophio.com Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;
(b) use the Sophio.com Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Sophio.com Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the Sophio.com Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Sophio.com Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Sophio.com Site or products made available on the Sophio.com Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Sophio.com Site or exploit for any commercial purposes any use of the Sophio.com Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Sophio.com Site, or bypass the Sophio.com Site and directly access any individual components of or products that are included in the Sophio.com Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Sophio.com Site or in SOPHIO Content printed or downloaded through the Sophio.com Site, or contained in or included with products or services received through the Sophio.com Site.
(i) use Sophio webmail like you might use a 'free' mail server such as yahoo, hotmail, or gmail. Sophio's webmail is designed for low volume use. It is to be used when you have no access to your email client (outlook, outlook express, etc). Please download all your mail on a daily basis to a desktop or laptop pc. Be sure to have the checkbox marked 'leave mail on server' unchecked.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE SOPHIO END USER LICENSE AGREEMENT, THE SOPHIO SOFTWARE AND PRODUCTS OFFERED THROUGH THE SOPHIO WEBSITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SOPHIO DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOPHIO AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE SOPHIO SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. SOPHIO AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE SOPHIO SOFTWARE OBTAINED FROM SOPHIO OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY SOPHIO CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE SOPHIO SOFTWARE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE SOPHIO.COM SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND SOPHIO HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOPHIO, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SOPHIO SOFTWARE, THE PRODUCTS OFFERED THROUGH THE SOPHIO SOFTWARE WEBSITE, INCLUDING WITHOUT LIMITATION THE SOPHIO PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SOPHIO WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOPHIO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SOPHIO SOFTWARE WEBSITE DUE TO SITUATIONS BEYOND OUR CONTROL (INCLUDING LOSS OF INTERNET ACCESS TO OUR SERVERS). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF SOPHIO FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold SOPHIO and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Sophio software, and User Materials you submit, transmit, store, upload or download through the Sophio.com Site, any product received by you through the Sophio.com Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY - NOTICE TO SOPHIO REGARDING ALLEGED COPYRIGHT INFRINGEMENT
SOPHIO respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) , SOPHIO has designated an agent to receive notifications of alleged copyright infringement associated with the Sophio.com Site. SOPHIO will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
Copyright AgentE-Mail: privacy@Sophio.com
US Mail: 757 SE 17th Street #1012
Fort Lauderdale, FL 33316
United States of America
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SOPHIO reserves the right to terminate your use of the Sophio.com Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via e-mail to support@Sophio.com for notices to SOPHIO, or to the e-mail address that you provide to SOPHIO as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to SOPHIO may be sent by regular mail, postage prepaid to SOPHIO's address provided below. SOPHIO may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
You may not export from the United States or allow the export or re-export of any Sophio software obtained via the Sophio.com Site, in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or applicable foreign agency or authority. You agree to defend and indemnify SOPHIO from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Sophio.com Site, or any product or other information or materials obtained from SOPHIO were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations. This exclusion does not include products you may sell on an International basis.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and SOPHIO with respect to the Sophio.com Site and purchases made via the E-Store. While SOPHIO reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of SOPHIO execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable United States federal laws and federal and state tariffs, if any, and the laws of the State of Florida, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.
Branding. SOPHIO may assign its logo and or business partners logo's with links to corresponding web pages. For more information please refer to our branding page by clicking here.
Assignment. SOPHIO may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of SOPHIO. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
Cancellation. Your use of the Sophio software may be cancelled with thirty days written notice. Send an email to email@example.com stating the time and date to cancel your account. We will upon receipt of your cancellation notification reply via email. This will confirm our understanding of your request to cancel our service. We do not offer refunds. We will store all of your files for one year from the date of cancellation.
Your receipt of an electronic or other form of order confirmation does not constitute SOPHIO's acceptance of your order for products or services offered through the Sophio.com Site, nor does it constitute confirmation of SOPHIO's offer to sell you a particular product or service. SOPHIO reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until SOPHIO has accepted your order and prepared your order for shipment or for download. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Sophio.com Site are subject to change without prior notice. To the extent we provide information on the availability of SOPHIO Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible. However, SOPHIO does not warrant that product descriptions, product availability or other information on the Sophio.com Site is accurate, complete, reliable, current, or error-free. SOPHIO will not be liable for any lack of availability of SOPHIO Products or Third Party Products you may order through the Sophio.com Site. If your purchase order or any other communication with SOPHIO contains provisions inconsistent with this Agreement, this Agreement will prevail.
The purchase area of the e-store is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with SOPHIO, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, SOPHIO will reimburse you for the maximum liability of $50. You can always order products or services by telephone or fax. Call us at 888-563-2591.
Prices listed through the Sophio.com Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to SOPHIO upon demand, any such tax, charge or assessment, unless you have furnished to SOPHIO an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
MODIFICATIONS TO AGREEMENT
Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement..