Terms and Conditions

WebSphere Technologies | Terms and Conditions

Your binding agreement with WebSphere Technologies governing access to our services

Effective: June 1, 2026

Welcome to WebSphere Technologies ("Company", "we", "us", "our"). These Terms and Conditions ("Terms") govern your use of our website, cloud platforms, APIs, software, and any related services (collectively, the "Services"). By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

1. Eligibility & Account Registration

You must be at least 18 years old and capable of forming a binding contract to use our Services. When creating an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized access. We reserve the right to refuse service, suspend, or terminate accounts at our discretion.

2. Intellectual Property Rights

All content, software, design, trademarks, logos, and other intellectual property displayed on our platforms are the exclusive property of WebSphere Technologies or its licensors. You are granted a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal business or personal purposes. You may not copy, modify, distribute, sell, lease, reverse‑engineer, or create derivative works without our prior written consent. Unauthorized use may result in termination and legal action.

3. Fees, Payments & Subscriptions

Certain Services require payment of fees. All fees are stated in U.S. dollars and exclude applicable taxes. Subscription plans automatically renew at the end of each billing cycle unless you cancel before the renewal date. Cancellations must be submitted via your account dashboard. Fees are non‑refundable except as required by law or explicitly stated in a separate written agreement. We may change pricing with 30 days' notice posted on our website. Late payments may result in suspension of Services.

4. Prohibited Conduct & Acceptable Use

You agree not to misuse the Services. Prohibited activities include, but are not limited to:

Violating any applicable laws or regulations (including export control and data protection).
Infringing upon intellectual property or privacy rights of others.
Distributing malware, viruses, or any code designed to harm, disrupt, or surreptitiously intercept any system.
Attempting to gain unauthorized access to our networks, accounts, or user data.
Interfering with the proper functioning of the Services, including overloading infrastructure with excessive requests.
Using the Services to transmit harassing, abusive, defamatory, or otherwise objectionable content.

We may monitor usage and suspend or terminate accounts that violate this Acceptable Use Policy.

5. Third-Party Links & Integrations

Our Services may contain links to third-party websites, services, or integrations (e.g., payment gateways, analytics tools). We do not control or endorse these third parties. Your interactions with them are governed by their own terms and privacy policies. We are not liable for any loss or damage arising from such third-party services.

6. Termination & Suspension

Either party may terminate your account at any time for any reason by providing written notice. We may immediately suspend or terminate your access to the Services without notice if you breach any provision of these Terms, engage in fraudulent activity, or if required by law. Upon termination, you must cease using the Services and delete any confidential information obtained. Sections regarding intellectual property, limitation of liability, indemnification, and governing law survive termination.

7. Disclaimer of Warranties

             THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WEBSPHERE TECHNOLOGIES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
        

8. Limitation of Liability

             TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSPHERE TECHNOLOGIES, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
        

9. Indemnification

You agree to defend, indemnify, and hold harmless WebSphere Technologies and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights (e.g., intellectual property or privacy); or (d) any content you submit or transmit through the Services.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Francisco County, California. You consent to personal jurisdiction and venue in those courts. For disputes involving small claims, either party may bring an action in small claims court within the same jurisdiction. The parties agree to first attempt informal resolution for 30 days before filing any lawsuit.

11. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website. The updated Terms will become effective 14 days after posting for existing users and immediately for new users. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services and close your account.

12. Contact Information

For any questions, complaints, or legal notices regarding these Terms, please contact us at:

Email: legal@websphere-technologies.com
Address: WebSphere Technologies, 123 Digital Avenue, Suite 400, San Francisco, CA 94103, USA
Phone: +1 (415) 867-5309

Last modified: June 1, 2026. These Terms supersede all prior agreements.