OptiFlow Software Terms and Conditions

Effective Date: November 1st 2024

Thank you for choosing OptiFlow. By purchasing, downloading, or using the OptiFlow software ("Software"), you ("Customer") agree to comply with and be bound by the following terms and conditions of sale. These terms apply to all orders placed with Kurt Electronics via the TDS360 website, the owner of OptiFlow ("Company").

1. License Agreement

By purchasing OptiFlow, you are granted a non-exclusive, non-transferable license to install and use the Software under the terms outlined here. This license does not allow resale, distribution, or use by others.

2. Payment Terms

    1. All payments must be made in full or on a payment plan at the time of purchase.
    2. Prices are subject to change without notice.
    3. Payment may be made through the accepted payment methods provided at checkout.
    4. Any applicable taxes, including VAT or sales tax, are the responsibility of the Customer.

3. Delivery of Software

OptiFlow is a digital product, and once the payment is completed, the Software will be made available for download. Delivery occurs upon completion of the download link sent to the email provided at the time of purchase.

4. Refund Policy

Due to the digital nature of OptiFlow, all sales are final. Refunds, returns, or exchanges will not be provided once the Software has been downloaded, except where required by law.

5. Intellectual Property

OptiFlow and all materials associated with it, including but not limited to trademarks, logos, and any other intellectual property, are the exclusive property of the Company. Customers are not permitted to reproduce, distribute, or create derivative works based on OptiFlow or any part thereof.

6. Limitations of Use

OptiFlow may only be used for lawful purposes and in accordance with these terms. Any unauthorized modification, reverse engineering, or redistribution of the Software is strictly prohibited and may result in the termination of your license without refund.

7. Warranty and Disclaimers

  • OptiFlow is provided "as-is" without any warranty of any kind, either expressed or implied.
  • The Company does not warrant that the Software will meet Customer’s requirements or that the operation of the Software will be uninterrupted or error-free.
  • Any liability of the Company shall be limited to the purchase price of the Software.

8. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, that result from the use or inability to use OptiFlow. This includes, without limitation, loss of profits, business interruption, or loss of data.

9. Termination

The Company reserves the right to terminate access to the Software if a Customer is found to have violated these Terms and Conditions. Termination does not entitle the Customer to a refund of any kind.

10. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Delaware, United States. Any disputes arising out of or in connection with these Terms and Conditions shall be resolved exclusively in the courts of Delaware, United States.

11. Changes to Terms and Conditions

The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the Company’s website. Continued use of the Software constitutes acceptance of the revised Terms and Conditions.

12. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us via our website at https://www.tds360.com/contact/.
By purchasing and downloading OptiFlow, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.