1.
Agreement to Terms
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Bet Softnets ("we", "us", "our"), concerning your access to and use of the Services. By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms.
Supplemental terms and conditions may apply to specific Services, such as software development agreements, network infrastructure contracts, or healthcare technology implementations. Any such supplemental terms will be provided to you at the time of engagement and become part of this Agreement.
2.
Eligibility
By using our Services, you represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction
- You have the full power and authority to enter into this Agreement
- You are not located in a country that is subject to U.S. government embargo or that has been designated as a "terrorist supporting" country
- You are not on any U.S. government list of prohibited or restricted parties
- You will comply with all applicable laws and regulations in your use of the Services
If you are using the Services on behalf of an organization, you represent that the organization is duly organized and validly existing under applicable laws.
3.
Account Registration and Security
3.1 Account Creation
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Responsibility
You are solely responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use or security breach
- Ensuring that your use of the Services complies with these Terms
3.3 Account Security
We implement security measures to protect your account, but we cannot guarantee absolute security. You are responsible for using strong passwords and enabling multi-factor authentication where available. We are not liable for any loss or damage arising from your failure to protect your account.
4.
Description of Services
Bet Softnets provides a range of technology solutions including but not limited to:
💻 Software Development
- Custom software development
- Mobile and web applications
- API integration and development
- Legacy system modernization
🌐 Network Solutions
- Network infrastructure design
- Cybersecurity services
- Cloud architecture
- Network monitoring and maintenance
🏥 Healthcare Technology
- HIPAA-compliant solutions
- Electronic Health Records (EHR) integration
- Telemedicine platforms
- Healthcare data analytics
📊 Professional Services
- Technology consulting
- Project management
- Training and documentation
- Ongoing support and maintenance
Specific service descriptions, deliverables, and timelines will be detailed in separate Statements of Work (SOWs) or project agreements that incorporate these Terms by reference.
5.
Fees, Payments, and Subscriptions
5.1 Fees
You agree to pay all fees, charges, and taxes associated with your use of the Services. Fees are non-refundable except as expressly provided in these Terms or required by applicable law.
5.2 Payment Terms
- Invoicing: Fees will be invoiced as specified in your agreement or SOW
- Payment Methods: We accept major credit cards, wire transfers, and other methods as indicated
- Late Payments: Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
- Taxes: You are responsible for all applicable sales, use, VAT, and similar taxes
5.3 Subscriptions
For subscription-based Services:
- Subscriptions automatically renew unless canceled before the renewal date
- You may cancel your subscription at any time through your account settings
- No refunds or credits for partial subscription periods
- We reserve the right to change subscription fees with 30 days notice
5.4 Project-Based Fees
For fixed-price projects:
- Payment schedules will be outlined in the SOW or project agreement
- Milestone payments are due upon acceptance of deliverables
- Additional work outside scope may incur additional fees
6.
Intellectual Property Rights
6.1 Our IP
The Services, including all software, code, designs, text, graphics, logos, and other content provided by Bet Softnets, are owned by us or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not:
- Copy, modify, or create derivative works of our Services
- Reverse engineer, decompile, or disassemble our software
- Remove or alter any proprietary notices
- Sublicense, rent, or lease any part of our Services
6.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. This license does not include any resale or commercial use of the Services.
6.3 Ownership of Deliverables
For custom development projects:
- Custom Code: Upon full payment, you own the custom code developed specifically for you, excluding our pre-existing intellectual property and tools
- Pre-existing Materials: We retain all rights to our pre-existing libraries, frameworks, and tools
- License to Pre-existing IP: We grant you a perpetual, royalty-free license to use any of our pre-existing IP incorporated into deliverables
7.
User Content
7.1 Your Content
You retain all ownership rights to any content, data, or materials you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to host, store, and use your User Content solely to provide and improve the Services.
7.2 Your Responsibilities
You are solely responsible for your User Content. You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not violate any third-party rights
- Your User Content complies with applicable laws and these Terms
- Your User Content is not harmful, offensive, or illegal
7.3 Healthcare Data
If you provide protected health information (PHI) as part of our healthcare technology services:
- We will comply with HIPAA requirements and any Business Associate Agreement (BAA) in place
- You are responsible for obtaining all necessary patient consents and authorizations
- We will use PHI only as permitted by the BAA and applicable law
7.4 Data Backup
While we implement data protection measures, you are responsible for maintaining backups of your important data. We are not liable for any loss or corruption of your User Content.
8.
Acceptable Use Policy
You agree not to use the Services in any way that:
We reserve the right to investigate and take appropriate action against any violation of this Acceptable Use Policy, including suspending or terminating your access to the Services.
9.
Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by Bet Softnets. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that:
- We are not responsible for the availability of such external sites or resources
- We do not endorse and are not liable for any content, advertising, products, or materials on third-party sites
- Your use of third-party websites is at your own risk and subject to their terms
We encourage you to review the terms and privacy policies of any third-party websites you visit.
10.
Termination
10.1 Termination by You
You may terminate your account or stop using the Services at any time. For subscription services, termination will be effective at the end of your current billing period.
10.2 Termination by Us
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation:
- Breach of these Terms
- Violation of applicable laws
- Non-payment of fees
- Fraudulent or illegal activity
- Request by law enforcement or government agency
10.3 Effect of Termination
Upon termination:
- Your right to access the Services will immediately cease
- We may delete your data unless required by law to retain it
- Provisions that by their nature should survive termination shall survive (including IP, indemnification, liability limitations)
- Outstanding payment obligations become immediately due
10.4 Data Export
Prior to termination, you may request export of your data. We will provide your data in a commonly used format within 30 days, subject to payment of any outstanding fees.
11.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BET SOFTNETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
- WARRANTIES THAT DEFECTS WILL BE CORRECTED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BET SOFTNETS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES FOR UNAUTHORIZED ACCESS, ALTERATION, OR LOSS OF YOUR CONTENT
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID US DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR
- $100 (ONE HUNDRED DOLLARS) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited by applicable law
13.
Indemnification
You agree to defend, indemnify, and hold harmless Bet Softnets, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your violation of any applicable laws or regulations
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
14.
Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
14.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following process:
15.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. Material changes will be effective:
- 30 days after we provide notice (for existing users)
- Immediately upon posting (for new users)
We will notify you of material changes by:
- Posting the updated Terms on this page with a new effective date
- Sending an email notification to the address associated with your account
- Displaying a prominent notice on our website
By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.
16.
Contact Information
If you have any questions about these Terms, please contact us:
info@merkatomarket.com
+251901115599
Bet Softnets
Attn: Legal Department
Hawassa
Sidama
Ethiopia
For legal notices only:
info@merkatomarket.com
EU Representative for Legal Matters
Bet Softnets Europe B.V.
Attn: Legal Representative
Herengracht 449, 1017 BR Amsterdam
Netherlands
Email: info@merkatomarket.com