DeFelsko Corporation Software and Cloud Services
Version 1.3 | Effective Date: March 23, 2026
IMPORTANT. READ CAREFULLY BEFORE INSTALLING, ACCESSING, OR USING THE SOFTWARE OR SERVICES. This End User License Agreement (this "Agreement") is a binding legal contract between you, either an individual or the entity on whose behalf you are acting (collectively, "you" or "User"), and DeFelsko Corporation, a New York corporation with a principal place of business at 800 Proctor Avenue, Ogdensburg, New York 13669, USA ("DeFelsko," "we," "us," or "our"). By clicking "I Accept," by downloading, installing, launching, or otherwise using the Software, or by creating or accessing a PosiSoft.net account, you agree to be bound by this Agreement. If you do not agree, do not download, install, launch, or use the Software, and do not create or use an Account.
"Software" means DeFelsko's proprietary software applications, including PosiSoft Desktop and the PosiTector mobile application, together with any updates, upgrades, patches, documentation, and related materials provided by DeFelsko.
"Services" means the PosiSoft.net cloud-based storage and reporting service, together with any related websites, portals, APIs, and hosted features made available by DeFelsko.
"User Data" means measurement data, readings, images, annotations, project files, and other content that you upload to, generate in, or transmit through the Software or the Services.
"Account" means the credentialed access to the Services associated with you or your organization.
"Documentation" means user guides, help files, specifications, and other written materials that DeFelsko provides with the Software or Services.
You must be at least the age of majority in your jurisdiction and legally capable of entering into a binding contract to accept this Agreement. If you are accepting this Agreement on behalf of an employer or other entity, you represent and warrant that you have full legal authority to bind that entity to this Agreement, and references to "you" include that entity.
If you do not accept this Agreement, you must not install, copy, or use the Software, and you must not create or use an Account.
The Software and the Services are intended for professional and business use and are not directed to children. DeFelsko does not knowingly collect personal information from children under the age of thirteen (13), or under the applicable higher age threshold in any jurisdiction where such a threshold applies. If DeFelsko becomes aware that it has collected personal information from such a child without appropriate consent, it will take reasonable steps to delete that information.
Subject to your continuous compliance with this Agreement, DeFelsko grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) install and use the Software on devices that you own or control, solely for your internal business or personal use in connection with DeFelsko gages and related measurement activities; and
(b) access and use the Services in accordance with this Agreement and any applicable Documentation.
The Software is licensed, not sold. DeFelsko and its licensors reserve all rights not expressly granted in this Agreement.
The Software and the Services are currently made available at no charge. DeFelsko reserves the right, in its sole discretion and at any time, to introduce paid tiers, features, or successor offerings, or to discontinue all or any portion of the Software or Services, with or without notice. No provision of the Software or Services at no charge shall be construed as creating any obligation to continue doing so.
You shall not, and shall not permit any third party to:
(a) copy, modify, adapt, translate, or create derivative works of the Software, the Services, or the Documentation, except as expressly permitted by this Agreement or by applicable law that cannot be contractually waived;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of the Software or Services, except to the extent this restriction is prohibited by applicable law;
(c) rent, lease, lend, sell, resell, sublicense, assign, distribute, or otherwise commercially exploit the Software or the Services, or make the Software or Services available to any third party other than authorized users within your organization;
(d) remove, alter, or obscure any proprietary notices, labels, or trademarks on or in the Software, the Services, or the Documentation;
(e) use the Software or the Services to develop, train, or benchmark any competing product or service, or to create any product or service with similar features;
(f) upload, transmit, or store any content that is unlawful, infringing, defamatory, obscene, or that contains viruses, malware, or other harmful code;
(g) interfere with, disrupt, or impose an unreasonable load on the Services, including through automated scraping, denial-of-service attacks, or attempts to gain unauthorized access to any accounts, systems, or networks;
(h) rely on the Software or Services as the sole basis for any safety-critical, life-support, or regulated-compliance decision. The Software and Services are intended as aids to measurement, recording, and reporting, and you are responsible for applying independent professional judgment, applicable standards, and appropriate quality assurance procedures when using the outputs, including in regulated, safety-critical, or quality-assurance contexts; or
(i) use the Software or Services in violation of any applicable law, regulation, or third-party right.
Access to the Services requires an Account. You agree to provide accurate, current, and complete information when creating an Account, and to keep that information up to date. You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify DeFelsko promptly of any unauthorized access to or use of your Account. DeFelsko is not liable for any loss or damage arising from your failure to protect your credentials.
DeFelsko may suspend or terminate any Account that it reasonably believes has been used in violation of this Agreement, or that has been inactive for an extended period.
As between you and DeFelsko, you retain all right, title, and interest in and to your User Data. You grant DeFelsko a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use your User Data solely as necessary to provide, maintain, secure, and improve the Software and the Services, to develop new features, and to comply with legal obligations. DeFelsko may also use aggregated or de-identified data derived from User Data for any lawful purpose, provided that such aggregated or de-identified data does not identify you or any individual.
You are solely responsible for the accuracy, quality, legality, and appropriateness of your User Data, and for obtaining all rights and consents necessary to upload and use your User Data with the Software and the Services.
You are responsible for maintaining your own backups of User Data. DeFelsko does not guarantee that User Data will be retained, preserved, or recoverable, and DeFelsko is not liable for any loss, corruption, or deletion of User Data.
Following termination or closure of your Account, DeFelsko will, for a period of at least thirty (30) days, retain your User Data in its then-current form to allow you to export it, unless otherwise prohibited by law or by your instructions. After that period, DeFelsko may delete your User Data from active systems, subject to retention in backups and archives for customary periods and to any retention required by applicable law.
DeFelsko maintains commercially reasonable administrative, technical, and physical safeguards designed to protect User Data. In the event of a security incident that results in the unauthorized access to, disclosure of, or loss of your User Data, DeFelsko will notify affected Users in accordance with applicable law.
DeFelsko's collection and use of personal information in connection with the Software and the Services is described in the DeFelsko Privacy Policy, available at defelsko.com/terms/privacy-statement, which is incorporated into this Agreement by reference. By using the Software or the Services, you acknowledge that you have reviewed the Privacy Policy.
DeFelsko may, from time to time and in its sole discretion, release updates, upgrades, patches, bug fixes, new versions, or modifications to the Software or the Services (collectively, "Updates"). Some Updates may be delivered automatically, including security-related Updates, while others may require your action to install. You agree that DeFelsko may deliver Updates automatically without further notice, and you consent to the automatic download and installation of such Updates. Where practicable, DeFelsko will provide information about material changes that affect the functionality of the Software. If you decline to install a recommended Update, the Software or Services may become incompatible, lose functionality, or present security risks, and DeFelsko has no obligation to support prior versions. All Updates are subject to this Agreement unless accompanied by a separate license agreement, in which case the separate agreement governs.
DeFelsko may modify or discontinue any feature, functionality, or component of the Software or Services at any time, with or without notice. DeFelsko shall have no liability to you or any third party for any such modification or discontinuation.
DeFelsko will use commercially reasonable efforts to make the Services available, but does not guarantee that the Services will be uninterrupted, timely, secure, or error-free. The Services may be unavailable from time to time for scheduled maintenance, emergency maintenance, or reasons beyond DeFelsko's reasonable control. DeFelsko does not provide any service level commitment with respect to the Services, and no remedy is offered for unavailability.
The Software and the Services may include or rely on software, libraries, content, or services provided by third parties, including open source components. Such third-party materials are subject to their own license terms, which are made available in the Software, the Documentation, or the applicable store listing. DeFelsko makes no representations or warranties with respect to any third-party materials, and your use of any third-party service is subject to the terms of that service.
The Software, the Services, the Documentation, and all copies and portions thereof, including all intellectual property rights, are and shall remain the exclusive property of DeFelsko and its licensors. DeFelsko, PosiSoft, PosiTector, PosiSoft.net, and related names, logos, and product designations are trademarks of DeFelsko. No right or license to any DeFelsko trademark is granted under this Agreement.
If you provide any feedback, suggestions, or ideas relating to the Software or the Services, you grant DeFelsko a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit such feedback for any purpose, without obligation or compensation to you.
THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEFELSKO AND ITS LICENSORS, SUPPLIERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, DEFELSKO DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEASUREMENT DATA, CALCULATIONS, REPORTS, AND OTHER OUTPUTS FROM THE SOFTWARE OR SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES, AND YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THEIR ACCURACY AND SUITABILITY FOR YOUR INTENDED USE, INCLUDING ANY USE IN REGULATORY, CONTRACTUAL, OR QUALITY ASSURANCE CONTEXTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEFELSKO OR ITS LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEFELSKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DEFELSKO AND ITS LICENSORS, SUPPLIERS, AND AFFILIATES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100.00) OR (B) THE AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO DEFELSKO FOR THE SOFTWARE OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE THE SOFTWARE AND SERVICES ARE CURRENTLY PROVIDED AT NO CHARGE, YOU ACKNOWLEDGE THAT THIS LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT DEFELSKO WOULD NOT PROVIDE THE SOFTWARE OR SERVICES WITHOUT THESE LIMITATIONS
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, DeFelsko's liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless DeFelsko and its officers, directors, employees, agents, licensors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Software or the Services; (b) your User Data; (c) your breach of this Agreement; or (d) your violation of any applicable law or any third-party right. DeFelsko reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with DeFelsko's defense of such claim.
This Agreement is effective upon your acceptance and continues until terminated. You may terminate this Agreement at any time by uninstalling the Software, closing your Account, and ceasing all use of the Services.
DeFelsko may suspend or terminate this Agreement, your Account, or your access to the Software or Services at any time, with or without cause and with or without notice, including if DeFelsko reasonably believes that you have breached this Agreement.
Upon termination, all rights granted to you under this Agreement shall immediately cease, and you must promptly uninstall all copies of the Software and cease all use of the Services. Sections 1, 5, 7, 12, 13, 14, 15, 17, 18, 19, 20, and 21, along with any other provisions that by their nature are intended to survive, shall survive termination.
The Software and Services are subject to U.S. export control laws and may be subject to the export or import laws of other jurisdictions. You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country or jurisdiction subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties.
This Agreement is governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in St. Lawrence County, New York, for any action or proceeding arising out of or relating to this Agreement, except that DeFelsko may seek injunctive or equitable relief in any court of competent jurisdiction.
Notwithstanding the foregoing, if you are a consumer resident in a jurisdiction whose laws provide for mandatory consumer protections that cannot be waived by contract, those mandatory protections apply to you in addition to this Agreement, and you may also be entitled to bring claims in the courts of your jurisdiction of residence. The jurisdiction-specific terms in the appendices to this Agreement further describe certain of these rights.
Before initiating any formal legal proceeding arising out of or relating to this Agreement, each party shall first provide the other with written notice describing the dispute in reasonable detail and a proposed resolution. The parties shall then engage in good-faith discussions for a period of at least thirty (30) days in an effort to resolve the dispute informally. This requirement does not apply to any request for injunctive or other equitable relief to protect intellectual property or confidential information, which may be sought at any time.
20.1 Application Sourced from the Apple App Store
The following additional terms apply if you obtained the PosiTector mobile application (for the purposes of this Section, the "Apple-Sourced Application") from the Apple App Store. You acknowledge that this Agreement is between you and DeFelsko only, and not with Apple Inc. ("Apple"), and that DeFelsko, not Apple, is solely responsible for the Apple-Sourced Application and its content.
(a) Scope of License. The license granted to you for the Apple-Sourced Application is limited to a non-transferable license to use the Apple-Sourced Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Apple-Sourced Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
(b) Maintenance and Support. DeFelsko is solely responsible for providing any maintenance and support services with respect to the Apple-Sourced Application, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Application.
(c) Warranty. DeFelsko is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Apple-Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DeFelsko.
(d) Product Claims. DeFelsko, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Sourced Application or your possession or use of the Apple-Sourced Application, including (i) product liability claims, (ii) any claim that the Apple-Sourced Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apple-Sourced Application's use of any applicable framework.
(e) Intellectual Property Rights. In the event of any third-party claim that the Apple-Sourced Application or your possession and use of the Apple-Sourced Application infringes that third party's intellectual property rights, DeFelsko, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(f) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(g) Developer Name and Address. Any questions, complaints, or claims with respect to the Apple-Sourced Application should be directed to DeFelsko at the contact information set forth in Section 21.9 and Section 21.10 of this Agreement.
(h) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Apple-Sourced Application.
(i) Third-Party Beneficiary. You and DeFelsko acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement with respect to the Apple-Sourced Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement with respect to the Apple-Sourced Application.
20.2 Application Sourced from Google Play
If you obtained the PosiTector mobile application from Google Play, your use of the application is also subject to the Google Play Terms of Service. Google is not a party to this Agreement and has no responsibility for the application.
20.3 Application Distributed by DeFelsko
If you obtained the PosiTector mobile application from a source other than the Apple App Store or Google Play, including directly from DeFelsko, Section 20.1 and Section 20.2 do not apply, and this Agreement governs your use of the application in full.
21.1 Entire Agreement
This Agreement, together with the Privacy Policy and any other documents incorporated by reference, constitutes the entire agreement between you and DeFelsko regarding the Software and the Services, and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
21.2 Changes to this Agreement
DeFelsko may modify this Agreement from time to time. If DeFelsko makes a material change, DeFelsko will provide reasonable notice, such as through the Software, the Services, or email. Your continued use of the Software or Services after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree to the revised Agreement, you must stop using the Software and the Services.
21.3 Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without DeFelsko's prior written consent. DeFelsko may assign this Agreement without restriction. Any attempted assignment in violation of this section is void.
21.4 Severability
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
21.5 No Waiver
The failure of DeFelsko to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
21.6 Force Majeure
DeFelsko shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, governmental action, pandemic, cyberattacks (including ransomware, denial-of-service attacks, and supply-chain attacks), and failures of third-party infrastructure or service providers.
21.7 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
21.8 U.S. Government End Users
The Software and Services are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §§ 12.212 and 227.7202, U.S. Government end users acquire the Software and Services with only those rights set forth in this Agreement.
21.9 Notices
Notices to DeFelsko must be sent to: DeFelsko Corporation, 800 Proctor Avenue, Ogdensburg, New York 13669, USA, Attention: Legal. Notices to you may be provided through the Software, the Services, the email address associated with your Account, or any other reasonable means.
21.10 Contact
Questions about this Agreement may be directed to DeFelsko at techsale@defelsko.com or by mail at the address set forth in Section 21.9.
22. Jurisdiction-Specific Terms
If you are located in a jurisdiction addressed in one of the appendices below, the additional terms in that appendix apply to you and, to the extent of any conflict with the main body of this Agreement, prevail over those main-body terms solely with respect to you. The appendices supplement, rather than replace, the rest of this Agreement.
This Appendix A applies to you if you are a resident of, or your habitual residence is in, a member state of the European Economic Area (the EU member states plus Iceland, Liechtenstein, and Norway) or Switzerland.
A.1 Data Protection
DeFelsko processes personal data in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR") and, for Switzerland, the Swiss Federal Act on Data Protection. As a data subject, you have the right to request access to your personal data; to request rectification or erasure of your personal data; to restrict or object to processing; to data portability; and to lodge a complaint with your national supervisory authority. To exercise these rights, contact DeFelsko at the privacy contact identified at defelsko.com/terms/privacy-statement. DeFelsko's Privacy Policy describes the lawful bases for processing and retention periods in more detail.
A.2 International Data Transfers
The Services are operated from the United States, and your personal data may be transferred to and processed in the United States or other countries outside the EEA. Where such transfers occur, DeFelsko relies on appropriate safeguards, including the European Commission's Standard Contractual Clauses and, where applicable, the EU-U.S. Data Privacy Framework. A copy of the relevant safeguards is available on request.
A.3 Liability
Nothing in this Agreement limits or excludes DeFelsko's liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that, as a matter of applicable mandatory law, cannot be limited or excluded. For all other liability, the limitations in Section 14 of this Agreement apply to the extent permitted by applicable law.
A.4 Statutory Consumer Rights
If you are a consumer, nothing in this Agreement affects the statutory rights granted to you by the mandatory consumer protection laws of your country of residence, including any statutory warranty or right of withdrawal. To the extent any provision of this Agreement conflicts with such mandatory rights, that provision is deemed modified to the minimum extent necessary to comply with those rights, and the remainder of this Agreement continues in full force.
A.5 Governing Law and Jurisdiction for Consumers
If you are a consumer, Section 18 does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence, and you may bring proceedings in the courts of your jurisdiction of residence.
A.6 Online Dispute Resolution
The European Commission operates an online dispute resolution platform available at https://ec.europa.eu/consumers/odr/. DeFelsko is not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
This Appendix B applies to you if you are a resident of the United Kingdom.
B.1 Data Protection
DeFelsko processes personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. You have the rights of a data subject as set forth in those laws, including rights of access, rectification, erasure, restriction, objection, and portability, and the right to lodge a complaint with the Information Commissioner's Office (ICO). To exercise these rights, contact DeFelsko at the privacy contact identified at defelsko.com/terms/privacy-statement.
B.2 International Data Transfers
Where personal data is transferred outside the United Kingdom, DeFelsko relies on appropriate safeguards, including the UK International Data Transfer Agreement or the UK Addendum to the Standard Contractual Clauses.
B.3 Liability
Nothing in this Agreement limits or excludes DeFelsko's liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded as a matter of English law. Subject to the foregoing, the limitations in Section 14 apply to the maximum extent permitted by applicable law.
B.4 Consumer Rights
If you are a consumer, you have certain statutory rights under the Consumer Rights Act 2015 with respect to digital content that is not of satisfactory quality, not fit for a particular purpose, or not as described. Nothing in this Agreement affects those statutory rights.
B.5 Governing Law and Jurisdiction for Consumers
If you are a consumer resident in the United Kingdom, you may bring any claim arising from this Agreement in the courts of the United Kingdom, and the mandatory consumer protection laws of the United Kingdom apply to you notwithstanding Section 18.
This Appendix C applies to you if you are a resident of Canada.
C.1 Data Protection
DeFelsko processes personal information in accordance with the Personal Information Protection and Electronic Documents Act ("PIPEDA") and applicable provincial privacy laws. You have the right to access and request correction of your personal information, and to withdraw consent to the collection, use, or disclosure of your personal information, subject to legal and contractual restrictions and reasonable notice. To exercise these rights, contact DeFelsko at the privacy contact identified at defelsko.com/terms/privacy-statement.
C.2 Quebec Residents
If you are a resident of the Province of Quebec, the following additional terms apply:
(a) Loi 25 (the Act to modernize legislative provisions as regards the protection of personal information) grants you additional rights, including the right to data portability and the right to be informed of automated decision-making. These rights are described further in DeFelsko's Privacy Policy.
(b) You have the right to receive this Agreement and all related communications in French. By proceeding with acceptance of this Agreement in English, you expressly confirm that you have requested that this Agreement, as well as all notices and other communications relating to it, be drawn up and delivered in English. Vous reconnaissez avoir expressement demande que la presente convention, ainsi que tous les avis et autres communications qui s'y rapportent, soient rediges et transmis en anglais.
(c) Nothing in this Agreement limits rights granted to you by the Quebec Consumer Protection Act, including the right to participate in class proceedings. To the extent Section 19 or any other provision of this Agreement would preclude such rights, those provisions do not apply to you.
C.3 Liability
Nothing in this Agreement limits or excludes DeFelsko's liability for fraud, willful misconduct, or any other liability that cannot be excluded or limited under applicable Canadian law. Subject to the foregoing, the limitations in Section 14 apply to the maximum extent permitted by applicable law.
C.4 Governing Law and Jurisdiction for Consumers
If you are a consumer resident in Canada, the mandatory consumer protection laws of your province of residence apply to you notwithstanding Section 18, and you may bring proceedings in the courts of that province.
This Appendix D applies to you if you are a resident of Australia.
D.1 Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
D.2 Effect on Agreement
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified. The limitations in Section 14 apply only to the extent permitted by the Australian Consumer Law and other applicable law.
D.3 Data Protection
DeFelsko handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You may access and correct your personal information and lodge a complaint with the Office of the Australian Information Commissioner (OAIC). To exercise these rights, contact DeFelsko at the privacy contact identified at defelsko.com/terms/privacy-statement.
D.4 Governing Law and Jurisdiction for Consumers
If you are a consumer resident in Australia, you may bring any claim arising from this Agreement in the courts of Australia, and the laws of your state or territory of residence apply to you notwithstanding Section 18 to the extent those laws provide mandatory consumer protections.
This Appendix E applies to you if you are a resident of the State of California.
E.1 CCPA / CPRA Rights
Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the "CCPA"), you have the following rights with respect to personal information that DeFelsko collects about you:
(a) the right to know what categories and specific pieces of personal information DeFelsko has collected, the sources of that information, the purposes for collection, and the categories of third parties with whom it is shared;
(b) the right to request deletion of personal information DeFelsko has collected from you, subject to legal exceptions;
(c) the right to request correction of inaccurate personal information;
(d) the right to opt out of any sale or sharing of personal information (DeFelsko does not sell personal information as that term is defined under the CCPA); and
(e) the right not to be discriminated against for exercising any of your CCPA rights.
To exercise any of these rights, contact DeFelsko at the privacy contact identified at defelsko.com/terms/privacy-statement. DeFelsko will verify your request in accordance with the CCPA before responding. You may designate an authorized agent to make a request on your behalf.
E.2 Shine the Light
California Civil Code § 1798.83 permits California residents to request certain information regarding disclosure of personal information to third parties for direct marketing purposes. DeFelsko does not disclose personal information to third parties for their direct marketing purposes.
E.3 Complaints
California residents may report complaints to the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
BY CLICKING "I ACCEPT," INSTALLING THE SOFTWARE, CREATING A POSISOFT.NET ACCOUNT, OR OTHERWISE USING THE SOFTWARE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.