Please read these terms carefully before using our services.
These Terms of Service ("Terms") govern access to and use of the website located at 40solutions.com and all related services (collectively, the "Platform") provided by 4 DOT 0 Solutions LLC d/b/a 4.0 Solutions LLC, a Texas limited liability company ("4.0 Solutions," "Company," "we," "us," or "our").
By accessing or using the Platform, creating an account, or purchasing any products or services through the Platform, you agree to be bound by these Terms.
If you do not agree, you must not use the Platform.
4.0 Solutions operates an online marketplace platform that enables users to discover, evaluate, and purchase Industry 4.0 software products and related services offered by independent third-party vendors.
4.0 Solutions does not develop, manufacture, license, or own the software products offered by vendors through the Platform unless expressly stated.
The Company's role is limited to:
All software products, licenses, warranties, updates, maintenance obligations, security obligations, and technical support are the responsibility of the applicable vendor unless explicitly stated otherwise.
The Platform functions solely as a technology marketplace connecting users with independent vendors.
Except where explicitly stated otherwise:
4.0 Solutions does not guarantee:
Transactions entered into through the Platform are between the user and the vendor, and 4.0 Solutions is not a party to the vendor license agreement unless expressly stated.
Vendors are solely responsible for:
Users acknowledge that 4.0 Solutions is not responsible for vendor products or services.
Any dispute concerning a product should first be addressed with the applicable vendor.
Subject to compliance with these Terms, 4.0 Solutions grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for lawful purposes.
Users may not:
All rights not expressly granted are reserved by 4.0 Solutions.
All prices displayed on the Platform are listed in U.S. dollars unless otherwise indicated. Prices may change without notice. Price changes will not affect orders already confirmed.
Payments are processed through third-party payment processors. By submitting payment information, users authorize 4.0 Solutions or its payment processor to charge the selected payment method for all applicable charges. Users agree to comply with all applicable payment processor policies.
Some products may be offered on a recurring subscription basis. Subscriptions automatically renew unless canceled prior to the renewal date. Cancellation becomes effective at the end of the current billing cycle.
Purchases made through the Platform grant users a software license from the applicable vendor, not from 4.0 Solutions. Each product may be governed by a separate vendor license agreement. Users are responsible for reviewing and complying with applicable vendor license terms. In the event of conflict between vendor license terms and these Terms, the vendor license terms govern the software product.
Due to the digital nature of software products, all sales are generally final.
Refunds may be granted only:
Billing errors or unauthorized charges must be reported promptly.
Users agree not to:
Violation of these rules may result in suspension or termination of access.
All Platform content, including software, design, source code, text, documentation, graphics, trademarks, branding, and databases is the property of 4.0 Solutions or its licensors. Users may not reproduce, distribute, modify, or exploit Platform content without written permission. Vendor trademarks and product names remain the property of their respective owners.
Users may submit reviews, feedback, or other content to the Platform. By submitting content, users grant 4.0 Solutions a non-exclusive, worldwide, royalty-free license to display, reproduce, distribute, and use such content in connection with the Platform. Users represent that they have the right to submit such content.
Products offered through the Platform are developed and maintained by independent vendors. Company does not guarantee product performance, quality, product security, regulatory compliance, or vendor service levels. Vendor support remains the responsibility of the vendor.
THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 4.0 SOLUTIONS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PLATFORM AVAILABILITY OR SECURITY.
Company does not warrant that the Platform will be uninterrupted, vendor products will perform as expected, or information provided by vendors is accurate.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 4.0 SOLUTIONS SHALL NOT BE LIABLE FOR INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY.
IN NO EVENT SHALL 4.0 SOLUTIONS' TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER TO 4.0 SOLUTIONS DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Users agree to indemnify, defend, and hold harmless 4.0 Solutions and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:
4.0 Solutions may suspend or terminate access to the Platform at any time if:
Upon termination, access to the Platform will cease immediately.
Any dispute arising from these Terms shall first be addressed through good-faith informal resolution. If unresolved, disputes shall be resolved through binding arbitration administered by the American Arbitration Association. Arbitration shall take place in Dallas, Texas. Users waive the right to participate in class actions or collective proceedings. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Users agree to comply with all applicable export control laws and economic sanctions regulations. Users may not access the Platform from jurisdictions subject to U.S. trade sanctions.
4.0 Solutions may collect and analyze Platform usage data in anonymized or aggregated form to improve services, develop analytics, and enhance Platform performance.
4.0 Solutions respects intellectual property rights and will respond to properly submitted copyright infringement notices under the Digital Millennium Copyright Act (DMCA).
4.0 Solutions shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, internet outages, cyberattacks, governmental actions, or cloud provider failures.
These Terms are governed by the laws of the State of Texas.
These Terms and Privacy Notice constitute the entire agreement between users and 4.0 Solutions regarding the Platform.
If any provision is found unenforceable, the remaining provisions remain in effect.
Users may not assign their rights without written consent. 4.0 Solutions may assign its rights without restriction.
Users consent to receiving communications electronically.
To ensure that liability related to vendor products flows to the responsible party, users acknowledge that vendor software products are provided by independent vendors. To the extent a claim arises from vendor software, vendor licensing terms, vendor security failures, vendor intellectual property infringement, or vendor regulatory violations the applicable vendor shall be solely responsible for such claims.
Nothing in these Terms shall be interpreted as creating liability for 4.0 Solutions arising from vendor conduct or vendor products.
4.0 Solutions operates solely as a technology intermediary marketplace.
The Company:
Users acknowledge that 4.0 Solutions is not responsible for the actions or omissions of vendors.
Users agree not to initiate payment disputes or chargebacks without first attempting to resolve the issues through the Platform. If a user initiates an unjustified chargeback or payment dispute, 4.0 Solutions reserves the right to suspend the user account, recover administrative costs, and recover chargeback penalties imposed by payment processors.
Users acknowledge that no internet-based system can be completely secure. 4.0 Solutions does not guarantee that the Platform will be free from cyberattacks, unauthorized access, malware, or security vulnerabilities. To the maximum extent permitted by applicable law, 4.0 Solutions shall not be liable for damages resulting from cybersecurity incidents affecting the Platform or vendor software.
Users may not use the Platform or vendor software to develop competing artificial intelligence systems, train machine learning models using Platform content without authorization, scrape data for automated model training, or replicate vendor products through automated analysis.
4.0 Solutions may perform maintenance, updates, and upgrades to the Platform. Users acknowledge that temporary interruptions may occur, services may be modified or discontinued, or features may be added or removed. 4.0 Solutions shall not be liable for service interruptions.
To protect Platform integrity, 4.0 Solutions reserves the right to monitor system activity, detect fraud or abuse, and restrict access where security risks are detected.
4.0 Solutions shall not be liable for data loss resulting from system failures, vendor errors, user actions, or cybersecurity incidents.
4.0 Solutions reserves the right to modify, update, or replace these Terms at any time in its sole discretion. Updated versions of the Terms will become effective immediately upon posting on the Platform unless otherwise stated.
It is the user's responsibility to review these Terms periodically. Continued access to or use of the Platform after any updates are posted constitutes acceptance of revised Terms.
4.0 Solutions may, but is not obligated to, provide notice of material changes through the Platform via electronic communication.