Last updated: November 13, 2017

Important: read these terms and conditions carefully before continuing. By selecting the "I agree to the terms and conditions" checkbox or otherwise accepting this agreement through an ordering document that incorporates this agreement (the "ordering document"), you agree to follow and be bound by the terms and conditions of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions of this agreement and, in such event, "you" and "your" as used in this agreement shall refer to such entity. If you do not have such authority, or if you do not agree to all the terms and conditions in this agreement, you may not use the services.

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://decisioncritical.pro website, https://modeling.decisioncritical.pro website and related (linked) websites (the "Service") operated by ECFO Software Holdings Limited ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Rights Granted Upon ECFO Software Holdings' acceptance of your order and for the duration of the services term defined in the ordering document

You have the nonexclusive, non-assignable, royalty free, worldwide limited right to use the services solely for your internal business operations and subject to the Terms. You may allow your users to use the Services for this purpose to the extent permitted in your ordering document and you are responsible for your users' compliance with the Terms. The services are provided as described in, and subject to, the services policies referenced in the ordering document. You acknowledge that ECFO Software Holdings Limited has no delivery obligation and will not ship copies of the ECFO Software Holdings Limited programs to you as part of the services. You agree that you do not acquire under the agreement any license to use the ECFO Software Holdings Limited programs specified in the ordering document in excess of the scope and/or duration of the services. Upon the end of the agreement or the services thereunder, your right to access or use the ECFO Software Limited programs specified in the ordering document and the Services shall terminate and that, in the event of termination, ECFO Software Holdings Limited shall have no responsibility to save your data.

Ownership and Restrictions

You retain all ownership and intellectual property rights in and to your data. ECFO Software Holdings Limited or its licensors retain all ownership and intellectual property rights to the Service and ECFO Software Holdings Limited programs. ECFO Software Holdings Limited retains all ownership and intellectual property rights to anything developed and delivered under these Terms.

You may not:

- make the Service available in any manner to any third party for use in the third party's business operations (unless such access is expressly permitted by the ordering document);

- modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ECFO Software Holdings Limited; and

- license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Services, ECFO Software Holdings Limited programs or materials available, to any third party other than, as expressly permitted under the Terms.

The rights granted to you under the agreement are also conditioned on the following:

- the rights of any user licensed to use the services (e.g., on a "named user" basis) cannot be shared or used by more than one individual (unless such license is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use the license);

- except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and

- you agree to make every reasonable effort to prevent unauthorized third parties from accessing the services.

The Service may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Service. You agree to receive these updates.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly, quarterly, annual or other basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ECFO Software Holdings Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ECFO Software Holdings Limited customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ECFO Software Holdings Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ECFO Software Holdings Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, ECFO Software Holdings Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

ECFO Software Holdings Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by ECFO Software Holdings Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, ECFO Software Holdings Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

ECFO Software Holdings Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

ECFO Software Holdings Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ECFO Software Holdings Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the Hong Kong and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ECFO Software Holdings Limited.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ECFO Software Holdings Limited.

ECFO Software Holdings Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ECFO Software Holdings Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service, including but not limited to any data storage, will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall ECFO Software Holdings Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

ECFO SOFTWARE HOLDINGS LIMITED IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. ECFO Software Holdings Limited does not give professional advice. ECFO Software Holdings Limited is not in the business of providing legal, financial, accounting, tax or other professional services or advice. Consult the services of a competent professional when you need this type of assistance. Service of ECFO Software Holdings Limited is broad in scope and is intended only to assist you in your business decision-making by allowing you to model possible future outcomes. The information contained in and / or obtained through the Service is for general information purposes only. The Service is not intended to replace human judgement or analysis. You should view results critically and should consider obtaining additional information and advice from professional advisers who are fully aware of your circumstance.

ECFO Software Holdings Limited assumes no responsibility for errors or omissions in the workings or contents of the Service. In no event shall ECFO Software Holdings Limited be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service.

ECFO Software Holdings Limited reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice, including but not limited to changes which may materially affect forecasts and other modeling outputs, as well as changes to data structure which may be necessitated by release of new functionality operating under a different principle.

ECFO Software Holdings Limited does not warrant that the Service is free of viruses or other harmful components. ECFO Software Holdings Limited does not guarantee that the services will be performed error-free.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

In particular, ECFO Software Holdings Limited, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

You acknowledge that ECFO Software Holdings Limited does not control the transfer of data over communications facilities, including the Internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. ECFO Software Holdings Limited is not responsible for any delays, delivery failures, or other damage resulting from such problems.

External links disclaimer

https://decisioncritical.pro website may contain links to external websites that are not provided or maintained by or in any way affiliated with ECFO Software Holdings Limited, including but not limited to integration with external data providers.

Please note that the ECFO Software Holdings Limited does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

ECFO Software Holdings Limited may access or monitor your Content

ECFO Software Holdings Limited may, but has no obligation to, access and monitor content on the Service. ECFO Software Holdings Limited, in its sole discretion, may access and review information or scenarios for customer service, quality assurance and improvement of functionality. Unless otherwise indicated in a supplementary agreement, such data, if accessed, shall not be held by ECFO Software Holdings Limited for a period that is materially longer than that which is needed to fulfill the customer service, quality assurance or improvement task. Furthermore, data shall not be disclosed to third parties unless required by law. ECFO Software Holdings Limited, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms.

ECFO Software Holdings Limited may freely use feedback you provide

You agree that ECFO Software Holdings Limited may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant ECFO Software Holdings Limited a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to ECFO Software Holdings Limtied in any way.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

Any dispute, controversy or claim arising out of or relating to the Service shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause.

The appointing authority shall be Hong Kong International Arbitration Centre.

The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC).

There shall be only one arbitrator.

The prevailing party shall be entitled to all fees and costs arising there from, including, but not limited to, attorney's fees and costs.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.