Legal

Terms of Service

The terms that govern your use of the Softimist Limited website, products, and services.

Last updated

These Terms of Service ("Terms") govern your access to and use of softimist.com and any services, demos, trials, or products made available by Softimist Limited ("Softimist", "we", "us", or "our").

By accessing the website or using our services, you agree to these Terms. If you are agreeing on behalf of a company, you confirm that you have authority to bind that company. If you do not agree, do not use the site or services.

1. Our Services

Softimist builds and licenses white-label software platforms, including Edushade (learning management), Playmist (OTT streaming), and Playmist Aggregator (content distribution), together with related custom development and support services.

This website provides general information about those offerings. Access to a product itself is governed by a separate written agreement, order form, or subscription terms. Where those documents conflict with these Terms, the separate agreement prevails for that product.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of legal majority where you live, to use our services on your own behalf. Where an account is issued to you, you are responsible for keeping credentials confidential and for all activity carried out under your account. Notify us promptly at support@softimist.com if you suspect unauthorised use.

3. Acceptable Use

When using our website or services, you agree not to:

  • Break any applicable law or regulation, or infringe anyone’s intellectual property, privacy, or other rights.
  • Upload or distribute malware, or attempt to gain unauthorised access to our systems, accounts, or networks.
  • Probe, scan, or test the vulnerability of our infrastructure without our prior written permission.
  • Interfere with or disrupt the integrity or performance of the services, including through excessive automated requests.
  • Scrape, resell, sublicense, or redistribute the services or their content except as expressly permitted.
  • Reverse engineer, decompile, or attempt to derive the source code of our software, except to the extent that restriction is prohibited by law.
  • Use the services to transmit unlawful, defamatory, harassing, or otherwise objectionable content.

To report abuse or a suspected security issue, email support@softimist.com. Please do not publicly disclose a vulnerability before we have had a reasonable opportunity to address it.

4. Intellectual Property

The website, our products, and all related software, designs, text, graphics, logos, and trademarks are owned by Softimist or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership to you.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the website for your internal business or personal purposes.

5. Your Content

You retain ownership of any content you submit to us — including enquiry details, job applications, and material you upload to a platform we operate for you. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, and transmit that content solely to provide and improve the services and to comply with law.

You are responsible for ensuring you have the rights needed to submit that content and that it does not violate these Terms or any third-party rights.

6. Feedback

If you send us ideas, suggestions, or feedback about our products, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or obligation to you. Please do not send us confidential information as feedback.

7. Third-Party Services

Our website and products may link to or integrate with third-party services such as payment processors, DRM providers, analytics tools, and cloud infrastructure. We are not responsible for those services, and your use of them is governed by their own terms.

8. Fees and Payment

Paid services are invoiced according to the applicable order form or subscription plan. Unless stated otherwise, fees are exclusive of taxes, are payable in the currency stated on the invoice, and are non-refundable except where required by law or expressly agreed in writing. Late payments may result in suspension of the affected services.

9. Availability and Changes

We aim to keep our website and services available and performing well, and uptime commitments for licensed products are set out in the relevant agreement or service-level terms. We may modify, suspend, or discontinue any part of the website or a free offering at any time, and we will give reasonable notice of material changes affecting paid services where practicable.

10. Disclaimer of Warranties

Except as expressly stated in a signed agreement, the website and services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory — including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or free of harmful components.

11. Limitation of Liability

To the maximum extent permitted by law, Softimist and its directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of the website or services.

Our total aggregate liability for all claims relating to the services will not exceed the greater of the amounts you paid us for the relevant service in the twelve months before the claim arose, or USD 100. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify and hold Softimist harmless from claims, damages, liabilities, and reasonable legal costs arising from your breach of these Terms, your misuse of the services, or your violation of any law or third-party right.

13. Termination

We may suspend or terminate your access to the website or a free service at any time if you breach these Terms or if we reasonably believe your use poses a risk to us or others. Termination of paid services is governed by the relevant agreement. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.

14. Governing Law and Disputes

These Terms are governed by the laws of Bangladesh, without regard to conflict-of-law rules. The courts of Dhaka, Bangladesh will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any competent court to protect its intellectual property.

Before starting formal proceedings, we ask that you contact us so we can try to resolve the issue informally.

15. General Terms

These Terms, together with any applicable order form or product agreement and our Privacy Policy, make up the entire agreement between you and Softimist regarding the website and services. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

We may update these Terms from time to time. Material changes will be reflected in the "Last updated" date above, and continued use of the website after an update means you accept the revised Terms.

16. Contact Us

Questions about these Terms? Contact Softimist Limited at info@softimist.com or +880 1635-465676, or write to us at Dhaka, Bangladesh.

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